ILW1501 Oct/Nov 2015 exam paper — questions

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  1. Question 1(a) · Sources of South African law · 3 marks

    This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Name three differences that exist between the law, on the one hand, and individual morality, on the other hand.Show the full question

  2. Question 1(b) · Sources of South African law · 3 marks

    This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Formal law must satisfy three basic requirements in order to achieve formal justice. Name these three basic requirements.Show the full question

  3. Question 1(c)(i) · Sources of South African law · 1 marks

    This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. In terms of private law, the right that a person has over a creation of his or her own human intellect concerns a dual (two-fold) relationship. State what this specific right is called.Show the full question

  4. Question 1(c)(ii) · Sources of South African law · 2 marks

    This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Continuing from the previous part on the right a person has over a creation of his or her own human intellect, explain what this dual (two-fold) relationship involves.Show the full question

  5. Question 1(d) · Sources of South African law · 4 marks

    This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Distinguish between a personal right and a personality right.Show the full question

  6. Question 1(e) · Sources of South African law · 2 marks

    This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Distinguish between the single most important characteristic of the civil-law legal family and the single most important characteristic of the common-law legal family.Show the full question

  7. Question 2.1 · Divisions of South African law · 2 marks

    Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Based on the scenario in which Karel's agreement with New Visions Kitchens for the renovation of his kitchen and the replacement of his stove goes wrong (the new stove breaking down, New Visions Kitchens refusing to speak to Karel, and the destruction of his fish pond), state which main division of South African law will apply to this scenario, and give a reason for your answer.Show the full question

  8. Question 2.2 · Divisions of South African law · 2 marks

    Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Continuing with the same scenario involving Karel and New Visions Kitchens, indicate which division of your answer given in question (i) (the main division of South African law you identified) will be applicable to this scenario, and provide a reason for your answer.Show the full question

  9. Question 2.3 · Divisions of South African law · 2 marks

    Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Still referring to the Karel and New Visions Kitchens scenario, state which subdivision of your answer given in question (ii) (the division you identified) will be applicable to this scenario, and give a reason for your answer.Show the full question

  10. Question 2.4 · Divisions of South African law · 2 marks

    Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Based on the same scenario, name two further subdivisions of your answer given in question (iii) (the subdivision you identified) that will be applicable to this scenario.Show the full question

  11. Question 2.5 · Divisions of South African law · 4 marks

    Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. In South African law a distinction is drawn between two kinds of sources of law. Name these two kinds of sources of law, and explain the difference between them.Show the full question

  12. Question 2.6 · Divisions of South African law · 3 marks

    Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Consider the following scenario: you are a senior partner at a law firm, and Patricia Nkosi is your article clerk. You ask Patricia to find a court decision on the interpretation of the Tobacco Products Control Act 83 of 1993. Patricia informs you that she has found three criminal cases dealing with this subject: the first case was decided by the High Court in Durban in 2010; the second case was decided by the Supreme Court of Appeal in 2012; and the third case was an unreported decision of a regional court in Durban, decided in 2014. Which of these three cases will be authoritative and therefore have to be followed? Give a reason for your answer.Show the full question

  13. Question 3.a · The Constitution and fundamental rights · 5 marks

    List the special features that have been built into South Africa's Constitution to ensure that our democracy succeeds.Show the full question

  14. Question 3.b · The Constitution and fundamental rights · 4 marks

    This part deals with the Bill of Rights and the different kinds of fundamental rights. For each numbered item in Column A, write down the letter of the item in Column B that matches it (write only the letter next to the relevant number, e.g. 6 a). Column A lists: 1 third-generation rights; 2 blue right; 3 horizontal application; 4 Bill of Rights; 5 claim to a fundamental right; 6 red right; 7 right to equality; 8 first-generation rights. Column B lists: a individual against individual; b right to education; c protection of the individual against abuse of state power; d discrimination on grounds of gender or sex; e right to life; f focus on the interests of a group; g human dignity; h Chapter 2 of the Constitution.Show the full question

  15. Question 3.c · The Constitution and fundamental rights · 3 marks

    Consider the statement: 'Section 36 of the Constitution determines that the fundamental rights which are protected in the Bill of Rights may not be limited.' State whether this statement is correct or incorrect, and give a reason for your answer.Show the full question

  16. Question 3.d · The Constitution and fundamental rights · 3 marks

    The 1996 Constitution has significantly influenced various fields of our law, including family law. Explain how the Civil Union Act of 2006 changed the legal position with regard to same-sex relationships.Show the full question

  17. Question 4(a)(i) · Courts, procedure and the legal profession · 4 marks

    Handie Crombie, aged 16, and Judd King, aged 17, are neighbours. Although not really friends, they walk to school together every morning. One day at school Handie strikes Judd with a cricket bat because he dislikes him. Judd suffers severe head injuries and has to undergo an emergency operation costing R400 000. Based on the scenario of Handie Crombie hitting Judd King with a cricket bat and causing injuries requiring a R400 000 emergency operation, 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

  18. Question 4(a)(ii) · Courts, procedure and the legal profession · 4 marks

    Handie Crombie, aged 16, and Judd King, aged 17, are neighbours. Although not really friends, they walk to school together every morning. One day at school Handie strikes Judd with a cricket bat because he dislikes him. Judd suffers severe head injuries and has to undergo an emergency operation costing R400 000. With reference to the two legal disputes you identified in 4(a)(i) concerning Handie Crombie and Judd King, compare the onus of proof that applies in each of these two disputes.Show the full question

  19. Question 4(a)(iii) · Courts, procedure and the legal profession · 2 marks

    Handie Crombie, aged 16, and Judd King, aged 17, are neighbours. Although not really friends, they walk to school together every morning. One day at school Handie strikes Judd with a cricket bat because he dislikes him. Judd suffers severe head injuries and has to undergo an emergency operation costing R400 000. Considering the R400 000 claim for Judd King's emergency operation, state in which court this claim can be instituted, and give a reason for your answer.Show the full question

  20. Question 4(a)(iv) · Courts, procedure and the legal profession · 1 marks

    Handie Crombie, aged 16, and Judd King, aged 17, are neighbours. Although not really friends, they walk to school together every morning. One day at school Handie strikes Judd with a cricket bat because he dislikes him. Judd suffers severe head injuries and has to undergo an emergency operation costing R400 000. Regarding the court in which the R400 000 claim for Judd King's emergency operation would be instituted, state who will act as the presiding officer in this court.Show the full question

  21. Question 4(a)(v) · Courts, procedure and the legal profession · 2 marks

    Handie Crombie, aged 16, and Judd King, aged 17, are neighbours. Although not really friends, they walk to school together every morning. One day at school Handie strikes Judd with a cricket bat because he dislikes him. Judd suffers severe head injuries and has to undergo an emergency operation costing R400 000. Explain what the role of the presiding officer is in the court identified in 4(a)(iii), where the R400 000 claim for Judd King's emergency operation would be instituted.Show the full question

  22. Question 4(b) · Courts, procedure and the legal profession · 2 marks

    Handie Crombie, aged 16, and Judd King, aged 17, are neighbours. Although not really friends, they walk to school together every morning. One day at school Handie strikes Judd with a cricket bat because he dislikes him. Judd suffers severe head injuries and has to undergo an emergency operation costing R400 000. Consider the statement: 'If an accused is unhappy with the court's decision, such a person can request a review by a higher court.' State whether this statement is correct or incorrect, and give a reason for your answer.Show the full question

  23. Question 5(a) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: it is (Formal law / Substantive law) that constitutes the part of the law which determines the procedures to be followed in legal proceedings.Show the full question

  24. Question 5(b) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: a (legal subject / legal object) can possess economic value.Show the full question

  25. Question 5(c) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: in the Netherlands, it was the (codification / reception) of Roman law that led to the creation of what became known as Roman-Dutch law.Show the full question

  26. Question 5(d) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: (Public international law / Constitutional law) deals with the relations between states.Show the full question

  27. Question 5(e) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: in the case citation Fraser v Naude and Others 1997 (2) SA 82 (W), the year 1997 refers to the year in which the case was (decided / reported).Show the full question

  28. Question 5(f) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: in section 5(5)(a)(iii) of the Choice on Termination of Pregnancy Act 92 of 1996, the (a) refers to a (subsection / subparagraph).Show the full question

  29. Question 5(g) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: the purpose of an act is set out in the (long title / preamble) of the act.Show the full question

  30. Question 5(h) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: the branch of the state responsible for applying and carrying out the law is known as the (judicial / executive) authority of the state.Show the full question

  31. Question 5(i) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: in a criminal case, the (accused / defendant) can be represented by an attorney.Show the full question

  32. Question 5(j) · Legal terminology and general concepts · 1 marks

    For Section B, Question 5, ten statements are given, each with two options shown in brackets; the student must circle the correct option to complete the statement correctly. Each sub-question is worth 1 mark. Circle the correct option to complete the statement: a (magistrate / court orderly) is responsible for keeping order in a magistrate's court.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Identify which one of the listed statements is NOT an example of a 'legal norm'.Show the full question

  34. Question 2 · Legal terminology and general concepts · 2 marks

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Sibaniso Burgher is arrested for assaulting his wife, Catherine, and their two children. Sibaniso denies the accusation and appears in court to plead. What is Sibaniso's right to appear in court and defend himself called?Show the full question

  35. Question 3 · Legal history and legal families · 2 marks

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Select the option that gives an example of a country or countries in which the common-law legal family applies.Show the full question

  36. Question 4 · Legal history and legal families · 2 marks

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Identify which one of the following is NOT a component of the hybrid legal family found in South Africa.Show the full question

  37. Question 5 · Divisions of South African law · 2 marks

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Select which group of legal disciplines listed below all fall within public law.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Temba and Thandi argue while waiting for a taxi at a taxi rank. Temba shouts at Thandi, 'Thandi, you are a prostitute!' Thandi is very upset about the incident because some of her co-workers also heard what Temba shouted, and she approaches you for legal advice. Which branch of private law would you use to help solve her problem?Show the full question

  39. Question 7 · Sources of South African law · 2 marks

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Themba Nowa is Karel's legal advisor in a labour dispute. Which source of South African law should Themba consult first?Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Select the statement that best describes what the 'common law' of South Africa usually refers to.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Consider the following statements about where, in a court decision, the ratio decidendi is found: (a) the judge quotes a similar case; (b) the judge makes an incidental remark; (c) the judge sets out the legal rules relating to the dispute; (d) the judge gives the reason or reasons for the decision. Choose the option that correctly identifies which of these statements are correct.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Identify the INCORRECT statement about a constitution from the options below.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Jonathan Jones is in grade 8 and battles with mathematics. One day his teacher loses her temper, gives him a hiding and calls him 'a stupid monkey'. The next day Jonathan refuses to go back to school and his parents go to see the headmaster. Which fundamental right of Jonathan has been infringed?Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. State whether the following is true or false: in terms of the Constitution of 1996, the right to human dignity may be suspended when the state declares a state of emergency.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Mr Mahlobogwane reads through his grandson's study guide for Introduction to Law and comes across the term 'jurisdiction'. He asks his grandson what this legal term means. His grandson explains that 'jurisdiction' means the following. Select the option his grandson gives.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Identify who the role players are in a criminal case heard in the Supreme Court of Appeal.Show the full question

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

    Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Advocates are admitted to the profession by the High Court provided they comply with certain statutory requirements. Consider the following two remarks: (a) an LLB degree from any university or tertiary institution is a statutory requirement for admission to the profession; (b) prior admission as an attorney with the Law Society is a statutory requirement for admission to the profession. Which one of the following options is correct?Show the full question

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