ILW1501 May/Jun 2012 exam paper — questions

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  1. Question 1.1 · Law, norms and justice · 3 marks

    This compulsory section requires answers to be written directly on the examination paper in the space provided. Give a description of what is meant by the term 'norm', and additionally name four normative systems that satisfy this description of a norm.Show the full question

  2. Question 1.2 · Law, norms and justice · 3 marks

    This compulsory section requires answers to be written directly on the examination paper in the space provided. Explain the difference between formal justice and substantive justice.Show the full question

  3. Question 1.3 · Law, norms and justice · 4 marks

    This compulsory section requires answers to be written directly on the examination paper in the space provided. Under South African private law, a legal subject may hold four different types of rights. Name these four types of rights together with the object corresponding to each type.Show the full question

  4. Question 2(a) · Legal history and legal families · 1 marks

    This question deals with Roman law and the classification of legal families. The Corpus Iuris Civilis holds great significance in Roman law. Explain what is meant by the term Corpus Iuris Civilis.Show the full question

  5. Question 2(b) · Legal history and legal families · 2 marks

    This question deals with Roman law and the classification of legal families. Our legal system's history traces back to Roman times. Name the different periods into which our legal history can be divided (four blank lines are provided for the answer).Show the full question

  6. Question 2(c) · Legal history and legal families · 2 marks

    This question deals with Roman law and the classification of legal families. Identify the single most important characteristic that defines the common-law legal family. In addition, name two legal systems that fall within this common-law legal family.Show the full question

  7. Question 2(d) · Legal history and legal families · 5 marks

    This question deals with Roman law and the classification of legal families. State which legal family South African law belongs to, and provide reasons to support and justify your answer.Show the full question

  8. Question 3(a)(i) · Divisions of South African law · 2 marks

    Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Considering the scenario of Charl and Charlotte Charles, who died together in a car accident leaving their three children eager to know what will happen to their wealth, state which main division of South African law will apply to this scenario and give a reason for your answer.Show the full question

  9. Question 3(a)(ii) · Divisions of South African law · 3 marks

    Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Based on the main division of South African law you identified as applicable to the scenario of Charl and Charlotte Charles' deaths and their children's inheritance, state which division falls under your answer and explain in full detail what this specific division deals with.Show the full question

  10. Question 3(a)(iii) · Divisions of South African law · 3 marks

    Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Following on from the division you identified in your answer regarding the Charles family scenario, state which subdivision of that division will be applicable and give reasons for your answer.Show the full question

  11. Question 3(a)(iv) · Divisions of South African law · 2 marks

    Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Continuing with the Charles family scenario, state which form of the subdivision you identified will be applicable to this scenario and give a reason for your answer.Show the full question

  12. Question 4(a)(i) · Sources of South African law · 1 marks

    Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Explain to Mrs Clark, in the context of her planned divorce case against Mr Clark, that South African law recognises two different kinds of sources of law, and name these two kinds of sources of law.Show the full question

  13. Question 4(a)(ii) · Sources of South African law · 2 marks

    Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Mrs Clark now asks you to explain to her the difference between the two kinds of sources of law you named for her in question 4(a)(i). Provide that explanation.Show the full question

  14. Question 4(a)(iii) · Sources of South African law · 1 marks

    Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Name the single most important source of South African law that you, as Mrs Clark's legal adviser, will need to consult first when you begin preparing for her divorce case against Mr Clark.Show the full question

  15. Question 4(a)(iv) · Sources of South African law · 1 marks

    Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. State to which of the two kinds of sources of law (identified in 4(a)(i)) the source of law you named in your answer to 4(a)(iii) belongs.Show the full question

  16. Question 4(b) · Sources of South African law · 3 marks

    Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Write a short paragraph discussing African indigenous law as a source of South African law.Show the full question

  17. Question 4(c) · Sources of South African law · 2 marks

    Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Thomas Mothibe wants to follow in the footsteps of his mother, Jane, and become an attorney, and has therefore registered as a law student at Unisa. Thomas must submit an assignment on how to read an Act and is struggling to answer some of the assignment questions, so he asks you to help him. Explain to Thomas where, within the Choice on Termination of Pregnancy Act 92 of 1996, he would find each of the following: (i) the name of the Act; (ii) the purpose of the Act; (iii) the underlying philosophy of the Act; and (iv) the definition clause of the Act.Show the full question

  18. Question 5(a)(i) · The Constitution and fundamental rights · 5 marks

    Johan and Yonela are partners in an interracial relationship. One day a conservative and corrupt policeman named Mr Chabede approaches the couple and tells them that they are "immoral and second class citizens". He informs them that he has the power to arrest them and states that he will do exactly that unless each of them pays him R300. Based on the scenario involving Johan and Yonela and the corrupt policeman Mr Chabede who threatens to arrest them unless each pays him R300, identify and discuss in detail the kind of fundamental rights that would protect Johan and Yonela in this situation.Show the full question

  19. Question 5(a)(ii) · The Constitution and fundamental rights · 1 marks

    Johan and Yonela are partners in an interracial relationship. One day a conservative and corrupt policeman named Mr Chabede approaches the couple and tells them that they are "immoral and second class citizens". He informs them that he has the power to arrest them and states that he will do exactly that unless each of them pays him R300. In the same scenario concerning Johan, Yonela and Mr Chabede, state what type of application of the Bill of Rights is applicable in this case.Show the full question

  20. Question 5(a)(iii) · The Constitution and fundamental rights · 4 marks

    Johan and Yonela are partners in an interracial relationship. One day a conservative and corrupt policeman named Mr Chabede approaches the couple and tells them that they are "immoral and second class citizens". He informs them that he has the power to arrest them and states that he will do exactly that unless each of them pays him R300. Mr Chabede argues that fundamental rights may be limited and that his conduct amounts to a justifiable limitation of Johan and Yonela's rights. Explain how a court will determine whether such a limitation is justifiable.Show the full question

  21. Question 6(a) · The Constitution and fundamental rights · 5 marks

    Discuss what impact constitutionalism had on the position of the death penalty under South African law. In your answer, refer to relevant case law to support your discussion.Show the full question

  22. Question 6(b) · The Constitution and fundamental rights · 5 marks

    Melissa and Rudene have been in a same-sex relationship for the past six years. They wish to marry, but are unsure whether gay people are legally permitted to marry. Acting as Melissa and Rudene's lawyer, and bearing in mind the influence of the Constitution, explain to them what their legal position is and what different options are available to them regarding formalising their union.Show the full question

  23. Question 7(a)(i) · Courts, procedure and the legal profession · 2 marks

    Sipho Ngobeni's neighbour, Ken Klapman, holds a loud party late one Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and strikes Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and treated for his injuries. He wants to sue Ken for the hospital costs but is unsure whether to consult an attorney or an advocate for legal advice, so he approaches you, a first-year Unisa law student, and asks you several questions. Explain what kind of legal case could arise out of the treatment Sipho received for his injuries after being hit with a bottle by Ken, and give a reason to support your answer.Show the full question

  24. Question 7(a)(ii) · Courts, procedure and the legal profession · 1 marks

    Sipho Ngobeni's neighbour, Ken Klapman, holds a loud party late one Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and strikes Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and treated for his injuries. He wants to sue Ken for the hospital costs but is unsure whether to consult an attorney or an advocate for legal advice, so he approaches you, a first-year Unisa law student, and asks you several questions. State whether Sipho would need to approach an attorney or an advocate for legal advice in this matter.Show the full question

  25. Question 7(a)(iii) · Courts, procedure and the legal profession · 4 marks

    Sipho Ngobeni's neighbour, Ken Klapman, holds a loud party late one Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and strikes Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and treated for his injuries. He wants to sue Ken for the hospital costs but is unsure whether to consult an attorney or an advocate for legal advice, so he approaches you, a first-year Unisa law student, and asks you several questions. Sipho does not know the difference between an attorney and an advocate. Explain to him the differences between the two, referring to their academic and professional requirements, their functions, their right of appearance in court, and their membership of professional bodies.Show the full question

  26. Question 7(a)(iv) · Courts, procedure and the legal profession · 1 marks

    Sipho Ngobeni's neighbour, Ken Klapman, holds a loud party late one Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and strikes Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and treated for his injuries. He wants to sue Ken for the hospital costs but is unsure whether to consult an attorney or an advocate for legal advice, so he approaches you, a first-year Unisa law student, and asks you several questions. Identify who the parties will be in the case Sipho wants to bring against Ken.Show the full question

  27. Question 7(a)(v) · Courts, procedure and the legal profession · 2 marks

    Sipho Ngobeni's neighbour, Ken Klapman, holds a loud party late one Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and strikes Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and treated for his injuries. He wants to sue Ken for the hospital costs but is unsure whether to consult an attorney or an advocate for legal advice, so he approaches you, a first-year Unisa law student, and asks you several questions. Explain what the onus of proof will be in this case, and indicate on which party that onus will rest.Show the full question

  28. Question 1 · Legal terminology and general concepts · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify which of the following is NOT a characteristic of the law: (1) the law governs human conduct; (2) the law functions through political institutions; (3) the law is enforced by state organs; (4) the law must be obeyed by the whole society.Show the full question

  29. Question 2 · Divisions of South African law · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Choose the correct description of what formal law refers to: (1) the rules that determine how court cases are decided; (2) legislation that governs human conduct; (3) the part of the law that determines the meaning of legal rules; (4) the part of the law that deals with the relationship between individuals.Show the full question

  30. Question 3 · Legal terminology and general concepts · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Rights are classified into particular groups by determining what type of right each one is. Select the option that is NOT a type of right: (1) personal right; (2) personality right; (3) individual right; (4) immaterial property right.Show the full question

  31. Question 4 · Law, norms and justice · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Consider two statements about the relationship between law and right: (a) the law balances the interests of individuals; (b) the law dictates what the content of a right is. Decide which option correctly evaluates these statements: (1) (a) and (b) are correct; (2) (a) and (b) are incorrect; (3) (a) is correct, (b) is incorrect; (4) (a) is incorrect, (b) is correct.Show the full question

  32. Question 5 · Legal history and legal families · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Determine what the reception of Roman law caused in the Netherlands: (1) the creation of a common Western legal tradition; (2) the creation of a common European legal tradition; (3) the creation of the Roman-Dutch law; (4) the creation of the Dutch law.Show the full question

  33. Question 6 · Divisions of South African law · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify the group of legal disciplines that all fall within public law: (1) private international law, administrative law, criminal law; (2) mercantile law, constitutional law, law of obligations; (3) family law, law of succession, law of patrimony; (4) international law, law of procedure, criminal law.Show the full question

  34. Question 7 · Divisions of South African law · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Two statements are given: (a) constitutional law is concerned with the institution and organisation of the state as well as the governing of state powers; (b) constitutional law controls the administration of the state in general, but in particular controls the state's relationships with citizens. Choose which option correctly evaluates these statements: (1) (a) and (b) are correct; (2) (a) and (b) are incorrect; (3) (a) is correct, (b) is incorrect; (4) (a) is incorrect, (b) is correct.Show the full question

  35. Question 8 · Courts, procedure and the legal profession · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. In the case citation Naude and Another v Fraser 1998 (4) SA 539 (SCA), determine what the year 1998 refers to: (1) the year the case was decided; (2) the year the case commenced; (3) the year the case was reported; (4) the year the case was postponed.Show the full question

  36. Question 9 · The Constitution and fundamental rights · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. The Constitution has established a number of state institutions to support South Africa's democracy. Identify which of the following is NOT such an institution: (1) South African Revenue Service; (2) Commission for Gender Equality; (3) Electoral Commission; (4) Auditor-General.Show the full question

  37. Question 10 · The Constitution and fundamental rights · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify the chapter of the Constitution in which the Bill of Rights is found: (1) Chapter 1; (2) Chapter 2; (3) Chapter 3; (4) none of the above.Show the full question

  38. Question 11 · The Constitution and fundamental rights · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Certain rights in the Bill of Rights are non-derogable. Identify which of the following rights is protected in its entirety: (1) right to equality; (2) right to human dignity; (3) right to freedom and security of the person; (4) right to property.Show the full question

  39. Question 12 · The Constitution and fundamental rights · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify the section of the Constitution in which the limitation clause is found: (1) Section 9; (2) Section 13; (3) Section 26; (4) none of the above.Show the full question

  40. Question 13 · Courts, procedure and the legal profession · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Mr Ngcobo is reading through his grandson's study guide for Introduction to Law and comes across the factors that determine a court's jurisdiction in a case. He asks his grandson what these factors would be in a civil case. Choose the correct answer: (1) the court's competence to hear the case; (2) the nature of the court proceedings; (3) the type of offence and the sentence; (4) the nature of the relief and the amount claimed.Show the full question

  41. Question 14 · Courts, procedure and the legal profession · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Determine what the opposing parties in a criminal case can possibly be known as: (1) plaintiff and accused; (2) applicant and defendant; (3) appellant and respondent; (4) state and defendant.Show the full question

  42. Question 15 · Courts, procedure and the legal profession · 2 marks

    Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Jennifer was involved in a car accident and sustained serious injuries. She wants to institute a claim of R2 million against the driver of the other car. Determine which court has the highest authority to decide a case like Jennifer's: (1) Magistrate's Court; (2) High Court; (3) Supreme Court of Appeal; (4) Constitutional Court.Show the full question

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