ILW1501 Oct/Nov 2014 exam paper — questions

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

    This question concerns the concept and characteristics of law. Give the names of three characteristics of 'the law' that set 'the law' apart from community mores (customs) and individual morality.Show the full question

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

    This question concerns the concept and characteristics of law. Set out the distinction between 'formal law' and 'substantive law'.Show the full question

  3. Question 1.3 · Law, norms and justice · 2 marks

    This question concerns the concept and characteristics of law. A table is provided with the headings Right, Object of right, and Example of right, containing two rows for 'personal right' and 'personality right' with the Object of right and Example of right columns left blank. Fill in the blank columns for both the personal right row and the personality right row so as to show the distinction between a personal right and a personality right.Show the full question

  4. Question 1.4 · Law, norms and justice · 3 marks

    This question concerns the concept and characteristics of law. In South African private law, ownership is classified as a real right. Describe the connection between South African private law and this real right of ownership.Show the full question

  5. Question 2.1 · Legal history and legal families · 2 marks

    This question deals with the history of South African law and its classification as a mixed legal system. Explain what gave rise to the formation of what became known as Roman-Dutch law.Show the full question

  6. Question 2.2 · Legal history and legal families · 2 marks

    This question deals with the history of South African law and its classification as a mixed legal system. Identify two factors that helped Roman-Dutch law to influence South African law from the 17th century through to the 21st century.Show the full question

  7. Question 2.3 · Legal history and legal families · 2 marks

    This question deals with the history of South African law and its classification as a mixed legal system. Explain the difference between the single most defining feature of the civil-law legal family and the single most defining feature of the common-law legal family.Show the full question

  8. Question 2.4 · Legal history and legal families · 4 marks

    This question deals with the history of South African law and its classification as a mixed legal system. Give reasons why the South African legal system is described as a mixed legal system.Show the full question

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

    Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Considering the dispute between Jane Mothibe and Technicolour Painters described above, state whether public law or private law would apply to this problem, and give a reason for your answer.Show the full question

  10. Question 3(a)(ii) · Divisions of South African law · 2 marks

    Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Building on your answer about whether public law or private law applies to the Jane Mothibe and Technicolour Painters dispute, identify which division of that branch of law would be applicable here, and give a reason for your answer.Show the full question

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

    Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Following on from identifying the applicable division of law in the Jane Mothibe and Technicolour Painters scenario, state which subdivision of that division would apply, and give a reason for your answer.Show the full question

  12. Question 3(a)(iv) · Divisions of South African law · 4 marks

    Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Regarding the subdivision you identified as applicable to the Jane Mothibe and Technicolour Painters scenario, name two further subdivisions that would apply to this scenario and explain why each of them is relevant.Show the full question

  13. Question 4.1 · Sources of South African law · 5 marks

    John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. John and Stephen have heard that South Africa has two kinds of sources of law. As Jane, their attorney, name the two kinds of sources of law and give examples of each kind.Show the full question

  14. Question 4.2 · Sources of South African law · 2 marks

    John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. Continuing to advise John and Stephen as their attorney, explain what the difference is between the two kinds of sources of law you identified.Show the full question

  15. Question 4.3 · Sources of South African law · 1 marks

    John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. As Jane, John and Stephen's attorney, state which source of South African law you would have to consult first when you begin researching their case.Show the full question

  16. Question 4.4 · Sources of South African law · 2 marks

    John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. Still advising John and Stephen, explain the importance of the ratio decidendi of a court decision.Show the full question

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

    Several special features have been incorporated into South Africa's 1996 Constitution in order to guarantee that the country's democracy succeeds, and the supremacy of the Constitution is one of these special features. Write a paragraph in which you discuss the supremacy of the 1996 Constitution.Show the full question

  18. Question 5(b) · The Constitution and fundamental rights · 2 marks

    Describe what is meant by the concept 'fundamental rights'.Show the full question

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

    Explain the purpose of the first-generation rights that are entrenched in our Bill of Rights.Show the full question

  20. Question 5(d)(i) · The Constitution and fundamental rights · 0.5 marks

    Consider this scenario: the government has given permission for nuclear weapons to be tested in a remote part of the country, believing it is safe because no one lives near the area. The Green Party disagrees and organises a protest action. The Van der Merwes and the Mothibes, who are concerned environmentalists, decide to join the protest. Jane is a member of the Green Party's legal team, which is applying for a court order to stop the nuclear testing from going ahead. Based on this scenario, state which fundamental right has been infringed.Show the full question

  21. Question 5(d)(ii) · The Constitution and fundamental rights · 0.5 marks

    Referring to the same scenario (the government permitting nuclear weapon testing in a remote area, opposed by the Green Party and the environmentalist Van der Merwe and Mothibe families, with Jane acting for the Green Party's legal team seeking a court order to stop the testing), state to which category of fundamental rights the infringed right belongs.Show the full question

  22. Question 5(d)(iii) · The Constitution and fundamental rights · 1 marks

    Again referring to the nuclear-testing scenario (the government's permission for testing in a remote area, the Green Party's protest joined by the environmentalist Van der Merwe and Mothibe families, and Jane's role on the Green Party's legal team seeking a court order to halt the testing), identify which application of the Bill of Rights is relevant to this scenario, and give a reason for your answer.Show the full question

  23. Question 6.1 · The Constitution and fundamental rights · 5 marks

    List the criteria set out in section 36 of the Constitution according to which a right contained in the Bill of Rights may be limited.Show the full question

  24. Question 6.2 · The Constitution and fundamental rights · 5 marks

    Give a brief discussion of the legal position on the death penalty in South Africa, referring to relevant sources of law.Show the full question

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

    One Monday morning John Smith is riding his motorbike to work. At a very busy intersection in town, a red sports car travelling at very high speed skips the red light and crashes into John. John's motorbike, valued at R70 000, is damaged beyond repair. A bystander calls the police and an ambulance. John has sustained several injuries, having broken both his collar bone and his left leg. The ambulance takes John to hospital. When the police arrive at the scene, they conclude from the evidence that the driver of the sports car, Kevin Rich, was travelling at a speed of at least 130 km per hour. The police take Kevin away for questioning. Based on the scenario involving John Smith and Kevin Rich described above, name the two different legal disputes that could arise from these facts, and explain the purpose of each of the disputes you have named.Show the full question

  26. Question 7(b) · Courts, procedure and the legal profession · 6 marks

    One Monday morning John Smith is riding his motorbike to work. At a very busy intersection in town, a red sports car travelling at very high speed skips the red light and crashes into John. John's motorbike, valued at R70 000, is damaged beyond repair. A bystander calls the police and an ambulance. John has sustained several injuries, having broken both his collar bone and his left leg. The ambulance takes John to hospital. When the police arrive at the scene, they conclude from the evidence that the driver of the sports car, Kevin Rich, was travelling at a speed of at least 130 km per hour. The police take Kevin away for questioning. There are three basic legal principles that form part of the legal process and that must be kept in mind in relation to the operation of the hierarchy of courts. Name these three legal principles and briefly explain each one.Show the full question

  27. Question 1 · Law, norms and justice · 2 marks

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Select the statement that correctly explains how the different normative systems correspond with one another.Show the full question

  28. Question 2 · Law, norms and justice · 2 marks

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Formal law must satisfy three basic requirements in order to achieve formal justice. Identify which one of the following is NOT one of those requirements for formal justice.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. In terms of modern law, choose the correct description of what constitutes a legal object.Show the full question

  30. Question 4 · Legal terminology and general concepts · 2 marks

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Clarence is arrested after the owner of a music shop accuses him of stealing a CD, an accusation Clarence denies. Identify what Clarence's right to appear in court is called.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Fill in the correct word to complete the sentence: 'The fact that Roman law had been collected in a ____, resulted in the study thereof by medieval universities in the 12th century.'Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Choose the set of legal disciplines that all fall within private law.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Some areas of law fall within both public law and private law. Identify which area of law is the odd one out (i.e. does not fall within both).Show the full question

  34. Question 8 · Sources of South African law · 2 marks

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. State what the official government publication is called in which legislation is published.Show the full question

  35. Question 9 · Sources of South African law · 2 marks

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. In a court decision an obiter dictum can be found, for example when: (a) the judge makes an incidental remark; (b) the judge quotes a similar case; (c) the judge puts his argument before court; (d) the judge gives the reason for his decision. Choose the correct combination of these statements from the options provided.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Select the statement that correctly describes the 1996 Constitution of South Africa.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Identify what is meant by the term 'levels of government'.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Choose which of the following rights is an example of a second-generation right.Show the full question

  39. Question 13 · The Constitution and fundamental rights · 2 marks

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Determine whether the following statement is true or false: The Constitutional Court decided that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional on the grounds of the right to equality and the right to human dignity.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Junait Makola wants to institute legal proceedings against the management of the soccer team Brooklyn Pirates, of which he is a member. Junait claims that he has not received his salary for the past three months and claims an amount of R500 000 in damages. The management of Brooklyn Pirates denies this allegation. Identify which court Junait can approach in this matter.Show the full question

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

    Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. Section 3(3) of the Right of Appearance in Courts Act 62 of 1995 determines that attorneys who have acquired the right of appearance in the High Court may also appear in which of the following forums?Show the full question

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