ILW1501 Oct/Nov 2016 exam paper — questions

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  1. Question 1.1 · Sources of South African law · 1 marks

    This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Provide a description of what is meant by the term 'substantive law'.Show the full question

  2. Question 1.2 · Sources of South African law · 2 marks

    This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Explain how substantive justice is achieved.Show the full question

  3. Question 1.3.1 · Sources of South African law · 1 marks

    This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Consider the following scenario: Conrad and George are Grade 11 learners at St James College who play rugby for the first team. During a match they begin punching each other, thereby infringing upon a specific kind of right granted to them under private law. Based on this scenario, identify the kind of right that has been infringed.Show the full question

  4. Question 1.3.2 · Sources of South African law · 4 marks

    This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Using the same scenario of Conrad and George, who are Grade 11 learners at St James College playing rugby for the first team and who infringed a specific kind of right under private law by punching each other during a match, write a paragraph discussing this kind of right. In your answer you must briefly refer to the object or objects involved, the value of the object(s), and provide examples of this kind of right.Show the full question

  5. Question 1.4 · Sources of South African law · 4 marks

    This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. During the sixth century AD, Justinian, the emperor of the Eastern Roman Empire, wanted his empire to be as glorious as the old Roman Empire and sought to bring order to the legal system of his time. Explain how Justinian contributed to the development of the legal system during his reign and to the preservation of Roman law in later centuries.Show the full question

  6. Question 1.5 · Sources of South African law · 3 marks

    This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. This question deals with the different families of law found in the world. Column A lists six numbered items: 1) Indigenous legal family; 2) Ideology and economy; 3) Roman-Dutch law; 4) Common-law legal family; 5) South African law; 6) Marxism. Column B lists six lettered items: a) Hybrid legal family; b) Socialist legal family; c) Case law; d) Unwritten customary laws; e) Criteria for classification; f) Civil-law legal family. For each number in Column A, write down the letter from Column B that matches it (note that the numbered list appears again after the columns for you to fill in your answers; simply write the correct letter next to each number, for example: 6.a). Each of the six matches counts half a mark, giving a total of 3 marks for this sub-question.Show the full question

  7. Question 2.1 · Divisions of South African law · 1 marks

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Identify which main division of South African law will apply to the scenario involving Larry and Peter, and provide a reason for your answer.Show the full question

  8. Question 2.2 · Divisions of South African law · 3 marks

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Referring to your answer in 2.1, name one division of that main branch (note: it must fall under substantive or material law) that will apply to the scenario between Larry and Peter, and give a reason for your answer.Show the full question

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

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. With reference to your answer in 2.2, identify the subdivision of the law of procedure that will apply to the scenario involving Larry and Peter, and give a reason for your answer.Show the full question

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

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. If the state decides to call a witness during Larry's trial, identify which further subdivision of the law of procedure will be applicable, and give a reason for your answer.Show the full question

  11. Question 2.5 · Divisions of South African law · 2 marks

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Determine whether there is any possibility that the law of civil procedure could apply to the scenario involving Larry and Peter, and give a reason for your answer.Show the full question

  12. Question 2.6 · Divisions of South African law · 1 marks

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Statutory law is a form of written law. Identify which state body is responsible for creating this type of law.Show the full question

  13. Question 2.7 · Divisions of South African law · 2 marks

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Suppose that, just before the incident between Larry and Peter occurred, the Supreme Court of Appeal had set a precedent in a case similar to theirs. Identify which court or courts would be obliged to follow this precedent, and give a reason for your answer.Show the full question

  14. Question 2.8 · Divisions of South African law · 2 marks

    Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Name the two requirements needed for the precedent system to operate effectively.Show the full question

  15. Question 3.1 · The Constitution and fundamental rights · 4 marks

    In 2005 the Constitutional Court handed down a decision declaring the existing definition of marriage to be unconstitutional, and as a result the Civil Union Act 17 of 2006 was subsequently put into effect. Explain how this Act altered the way in which permanent cohabitation relationships between both homosexual and heterosexual couples are now regarded.Show the full question

  16. Question 3.2 · The Constitution and fundamental rights · 1 marks

    The Constitutional Court ruled that the definition of marriage was unconstitutional because it infringed on certain fundamental rights. Name these fundamental rights.Show the full question

  17. Question 3.3 · The Constitution and fundamental rights · 1 marks

    State what it is that entitles a person to claim fundamental rights.Show the full question

  18. Question 3.4 · The Constitution and fundamental rights · 3 marks

    Provide an explanation of what fundamental rights entail.Show the full question

  19. Question 3.5 · The Constitution and fundamental rights · 6 marks

    Name the measures 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

  20. Question 4.1 · Courts, procedure and the legal profession · 2 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. Based on the scenario involving Themba and the young girl he knocked over, identify the legal dispute that will arise from these events, and give a reason for your answer.Show the full question

  21. Question 4.2 · Courts, procedure and the legal profession · 2 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. With reference to your answer in 4.1 regarding the legal dispute arising from Themba's situation, explain what the purpose of this specific type of legal dispute is.Show the full question

  22. Question 4.3 · Courts, procedure and the legal profession · 2 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. Considering that the young girl involved in Themba's accident is dead, if the matter goes to court, identify who the parties to the case will be, and give a reason for your answer.Show the full question

  23. Question 4.4 · Courts, procedure and the legal profession · 1 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. If Themba is accused of causing the death of the young girl, explain how his attendance can be secured before a magistrates' court.Show the full question

  24. Question 4.5 · Courts, procedure and the legal profession · 4 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. Distinguish between the legal processes of appeal and review.Show the full question

  25. Question 4.6.1 · Courts, procedure and the legal profession · 2 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. Consider whether the process of appeal or review should be used in the following situation, and give reasons for your answer: Tebogo sues Unathi for breach of contract and loses the case. It later transpires that the presiding officer at their trial is Unathi's cousin.Show the full question

  26. Question 4.6.2 · Courts, procedure and the legal profession · 2 marks

    Read the following scenario before answering the questions that follow. Themba has a fight with his fiancée, who is cheating on him with another man. Later that same evening he decides to drive to his friend's house for a few drinks. On the way there he knocks over a young girl who suddenly jumps in front of his car. Themba immediately stops and rushes to help the girl, but when he reaches her she is already dead. Consider whether the process of appeal or review should be used in the following situation, and give reasons for your answer: in a Pretoria magistrates' court, Tshidi is convicted of shoplifting a cheap shirt, and he believes that he should not have been convicted.Show the full question

  27. Question 5.1 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: formal justice is achieved when a legal institution applies the rules of formal law either (impartially) or (unequally). Circle the correct option.Show the full question

  28. Question 5.2 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: in private law, the four classes of rights are grouped according to either the (subject) or the (object) of each of the four classes of rights. Circle the correct option.Show the full question

  29. Question 5.3 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: when a person dies leaving behind a valid will, his or her property will be inherited in terms of the rules of either (testate) or (intestate) succession. Circle the correct option.Show the full question

  30. Question 5.4 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: custom is a primary source of law made up largely of either (written) or (unwritten) rules. Circle the correct option.Show the full question

  31. Question 5.5 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: the 1996 Constitution is known as South Africa's either (first democratic Constitution) or (a codification of South African law). Circle the correct option.Show the full question

  32. Question 5.6 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: the Constitution sets out either (the structure of the judiciary) or (parliamentary sovereignty). Circle the correct option.Show the full question

  33. Question 5.7 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: third generation rights have more to do with either (a group) or (an individual). Circle the correct option.Show the full question

  34. Question 5.8 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: the application of the Bill of Rights between the state and a private institution is known as either the (horizontal) or the (vertical) application of the Bill of Rights. Circle the correct option.Show the full question

  35. Question 5.9 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: in a criminal case, a court's jurisdiction is determined by either (the type of offence) or (the location of the parties). Circle the correct option.Show the full question

  36. Question 5.10 · Legal terminology and general concepts · 1 marks

    For Question 5, each of the following statements contains two possible options shown in brackets. You are required to circle the correct option in each case. Each sub-question counts 1 mark. Consider the statement: either (review) or (obiter dictum) is one of the basic legal principles forming part of the legal process that should be considered when working with the hierarchy of courts. Circle the correct option.Show the full question

  37. Question B.1 · Law, norms and justice · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Identify which one of the following statements about law is incorrect.Show the full question

  38. Question B.2 · Legal terminology and general concepts · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Mr Nkomo and Mr Masina farm in the area of the Vaal River. Mr Nkomo owns the farm Madikwe, which is adjacent to the river. Mr Masina, owner of the farm Java, has a right of way over Mr Nkomo's farm so that his cattle can reach the river to drink water. Identify the most correct statement regarding their rights.Show the full question

  39. Question B.3 · Legal terminology and general concepts · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Consider these two statements: (a) Every right has a twofold relationship - firstly, the relationship between a legal subject and his/her legal object, and secondly, the relationship between a legal subject and the holder of the right and other legal subjects; (b) The connection between "law" and "right" is twofold - firstly, the law prescribes what the content of a right is, and secondly, the law prescribes what the limits to the content of a right are. Indicate which option is correct.Show the full question

  40. Question B.4 · Divisions of South African law · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. The term "private law" refers to which of the following?Show the full question

  41. Question B.5 · Divisions of South African law · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Which of the following is traditionally classified as a division of public law?Show the full question

  42. Question B.6 · Divisions of South African law · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Themba is fined for driving 60 km/h in a 40 km/h zone. Identify the type of law he has transgressed.Show the full question

  43. Question B.7 · Sources of South African law · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. What does the doctrine of precedent mean?Show the full question

  44. Question B.8 · Sources of South African law · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. To what does the ratio decidendi of a court decision refer?Show the full question

  45. Question B.9 · The Constitution and fundamental rights · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Consider these two statements: (a) The Bill of Rights is the cornerstone of democracy in South Africa and no right in the Bill of Rights may be limited; (b) In terms of the supremacy of the Constitution, only the President of South Africa is not subject to the Constitution. Indicate which option is correct.Show the full question

  46. Question B.10 · The Constitution and fundamental rights · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. What are the three sections or branches called into which the powers of the state are separated?Show the full question

  47. Question B.11 · The Constitution and fundamental rights · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Read the following statement and choose the correct option: "In South Africa, all legislation may be challenged in terms of the Constitution, in a court, and changed or removed if it is found to be inconsistent with the Constitution."Show the full question

  48. Question B.12 · The Constitution and fundamental rights · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Derek decides to install a generator on his residential property to use in the event of a power outage. However, the generator emits an excessive amount of unclean fumes, and Derek's neighbours are becoming increasingly distressed by these fumes. Identify which fundamental right Derek is infringing.Show the full question

  49. Question B.13 · The Constitution and fundamental rights · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Read the scenario in Question 12 again (about Derek and his generator) and answer this question: Derek's neighbours decide to apply for a court order to prevent him from operating his generator. Identify which statement is correct.Show the full question

  50. Question B.14 · The Constitution and fundamental rights · 2 marks

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Identify which one of the following statements about non-derogable rights in the Bill of Rights is incorrect. In the Bill of Rights, non-derogable rights include those rights which:Show the full question

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

    This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. Identify which one of the following statements is correct.Show the full question

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