How often Courts, procedure and the legal profession is asked
11 of 11
papers asked it
avg 19 marks · last Oct 2017
Worth 1–6 marks when it appears as a written question, plus 41 multiple-choice items.
Where it was asked
What costs marks here
Marker’s traps come from memos. We don’t have one for this module yet.
A memo tells us what the markers actually rewarded and penalised. With one, this section fills in for every student — help us get one.
The questions
Oct/Nov 2017, Q4.1.12 marks
Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Considering that Sipho was hospitalised and treated for the injuries Ken inflicted on him, state what kind of case is likely to arise from this treatment of his injuries, and give a reason to support your answer.
Oct/Nov 2017, Q4.1.21 mark
Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Indicate whether Sipho would need to approach an attorney or an advocate for legal advice regarding his case against Ken.
Oct/Nov 2017, Q4.1.34 marks
Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Sipho is confused about the distinction between an attorney and an advocate. Explain to him the differences between the two legal professionals, covering their academic and professional qualification requirements, the functions each performs, their respective rights of appearance in the courts, and the professional bodies to which each belongs.
Oct/Nov 2017, Q4.1.42 marks
Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Identify who the parties would be in Sipho's case against Ken.
Oct/Nov 2017, Q4.1.52 marks
Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. State what the onus of proof would be in Sipho's case against Ken, and indicate on which party this onus would rest.
Oct/Nov 2017, Q4.24 marks
Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Explain the difference between an appeal and a review.
Oct/Nov 2017, Q132 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. 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 specifically in a civil case. Select 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.
Oct/Nov 2017, Q142 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. Identify how the opposing parties in a criminal case might possibly be described, choosing from: (1) plaintiff and accused; (2) applicant and defendant; (3) appellant and respondent; (4) state and defendant.
Oct/Nov 2017, Q152 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. Jennifer was involved in a car accident in which she sustained serious injuries. She wants to institute a claim of R2 million against the driver of the other car. Determine which court she will approach with her case: (1) Magistrate's Court; (2) High Court; (3) Supreme Court of Appeal; (4) Constitutional Court.
May/Jun 2017, Q4.12 marks
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Based on the scenario involving Sipho Sibisi and Zodwa Pheswa, identify the legal dispute that could arise from these facts and give a reason to support your identification.
May/Jun 2017, Q4.21 mark
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Referring back to your answer in 4.1 about the dispute between Sipho and Zodwa, explain what the purpose of this specific type of legal dispute is.
May/Jun 2017, Q4.34 marks
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. In the legal dispute between Sipho and Zodwa, explain what role each of them will respectively play (for example plaintiff/defendant or similar roles), and give reasons for your answer.
May/Jun 2017, Q4.42 marks
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. In this legal dispute between Sipho and Zodwa, state what the onus of proof will be and on whom it will rest.
May/Jun 2017, Q4.52 marks
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Determine which court will have jurisdiction to hear the legal dispute between Sipho and Zodwa, and provide a reason for your answer.
May/Jun 2017, Q4.6.12 marks
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Consider whether the process of appeal or review should be used in the following situation, and give reasons for your answer: Sipho sues Zodwa for breach of contract. He loses the case. It later transpires that Zodwa's uncle had been the presiding officer in the court proceedings.
May/Jun 2017, Q4.6.22 marks
Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Consider whether the process of appeal or review should be used in the following situation, and give reasons for your answer: Sipho sues Zodwa for breach of contract. He wins the case with costs. Zodwa claims that the court reached an incorrect decision.
May/Jun 2017, Q82 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. With reference to the case of Naude and Another v Fraser 1998 (4) SA 539 (SCA), complete the sentence by selecting the correct option: in this case, Fraser refers to the...
May/Jun 2017, Q132 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Identify which one of the following persons is NOT a possible role player in a criminal case heard in a magistrates' court.
May/Jun 2017, Q142 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Complete the following sentence by selecting the correct option: the decision of the High Court in Senekal v Roodt 1983 (2) SA 602 (T) is binding on...
May/Jun 2017, Q152 marks · multiple choice
This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Advocates are admitted to the profession by the High Court provided they meet certain statutory requirements. Two statements are given: (a) an LLB degree from any university in South Africa 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. Decide which option correctly reflects the accuracy of these statements.
Oct/Nov 2016, Q4.12 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.
Oct/Nov 2016, Q4.22 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.
Oct/Nov 2016, Q4.32 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.
Oct/Nov 2016, Q4.41 mark
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.
Oct/Nov 2016, Q4.54 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.
Oct/Nov 2016, Q4.6.12 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.
Oct/Nov 2016, Q4.6.22 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.
Oct/Nov 2016, QB.152 marks · multiple choice
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.
May/Jun 2016, Q4(a)(i)4 marks
Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. Considering the scenario of Charles Maimela driving at 80km/h in a 60km/h zone and knocking down Frans Mahlobogwane (who incurs R500 000 in medical bills), state whether the following statement is correct or incorrect: 'Only one legal dispute can arise from our scenario.' Fully motivate your answer.
May/Jun 2016, Q4(a)(ii)3 marks
Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. With reference to your answer regarding whether only one legal dispute can arise from the scenario of Charles Maimela hitting Frans Mahlobogwane, indicate whether, if a legal dispute arises from this scenario, a public prosecutor or a state advocate could be a role player in court. Give a reason for your answer.
May/Jun 2016, Q4(a)(iii)3 marks
Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. Explain what the concept 'burden of proof' means in a civil case, and identify on which party it rests.
May/Jun 2016, Q4(b)5 marks
Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. Briefly discuss appeal as one of the basic legal principles that forms part of the legal process. In your discussion, refer to possible reasons why a party would want to apply for appeal, and briefly explain how the appeal process works in court.
May/Jun 2016, Q72 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. Indicate which court's decision cannot create a precedent.
May/Jun 2016, Q122 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. Maureen is involved in a serious car accident as a result of which she is paralysed. She wants to institute an action against the Road Accident Fund for the amount of R10 million. Indicate in which court Maureen will institute her claim.
May/Jun 2016, Q132 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. 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 one of the following; select the correct explanation.
May/Jun 2016, Q152 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. 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 one of the following; select the correct forum.
Oct/Nov 2015, Q4(a)(i)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.
Oct/Nov 2015, Q4(a)(ii)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.
Oct/Nov 2015, Q4(a)(iii)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.
Oct/Nov 2015, Q4(a)(iv)1 mark
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.
Oct/Nov 2015, Q4(a)(v)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.
Oct/Nov 2015, Q4(b)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.
Oct/Nov 2015, Q132 marks · multiple choice
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.
Oct/Nov 2015, Q142 marks · multiple choice
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.
Oct/Nov 2015, Q152 marks · multiple choice
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?
May/Jun 2015, Q4(a)(i)4 marks
Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. Based on the scenario of Charles Maimela driving at 80km/h in a 60km/h zone and knocking down Frans Mahlobogwane (who incurs R210 000 in medical bills), identify the two different legal disputes that could arise from these facts, and explain the purpose of each of the disputes you name.
May/Jun 2015, Q4(a)(ii)2 marks
Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. Still referring to the Charles Maimela and Frans Mahlobogwane scenario, state in which court Frans will be able to claim the R210 000 medical costs, and give a reason for your answer.
May/Jun 2015, Q4(a)(iii)2 marks
Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. In the case where Frans claims the R210 000 from Charles, explain what role Charles and Frans will respectively play in that case.
May/Jun 2015, Q4(a)(iv)2 marks
Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. In the case where Frans claims the R210 000, explain what the onus of proof will be, and state on whom this onus rests.
May/Jun 2015, Q4(b)5 marks
Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. Distinguish between an appeal and a review.
May/Jun 2015, QB.132 marks · multiple choice
Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. In a criminal matter the state must prove its case beyond reasonable doubt. Identify what 'beyond reasonable doubt' refers to in this context.
May/Jun 2015, QB.142 marks · multiple choice
Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. 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, and his grandson explains that 'jurisdiction' means the following. Identify the correct explanation.
May/Jun 2015, QB.152 marks · multiple choice
Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Consider the following two remarks about advocates and attorneys: (a) After completing their university studies, attorneys and advocates have to complete different forms of practical training before they can enter into practice; (b) Attorneys can qualify as conveyancers and notaries after having passed the required examinations. Determine which one of the listed options correctly evaluates statements (a) and (b).
Oct/Nov 2014, Q7(a)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.
Oct/Nov 2014, Q7(b)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.
Oct/Nov 2014, Q142 marks · multiple choice
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.
Oct/Nov 2014, Q152 marks · multiple choice
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?
May/Jun 2013, Q7.1.11 mark · multiple choice
This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. In a criminal case, indicate which of the two bracketed options is correct in completing the statement: it is either the (public prosecutor) or the (magistrate) who decides what charges to bring against the accused.
May/Jun 2013, Q7.1.21 mark · multiple choice
This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. During court proceedings, decide which of the two bracketed options correctly completes the statement: it is either the (interpreter) or the (court orderly) whose role is to call witnesses.
May/Jun 2013, Q7.1.31 mark · multiple choice
This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Choose the correct bracketed option to complete the statement: either (system of precedent) or (jurisdiction) refers to the competence of a court to hear a particular matter.
May/Jun 2013, Q7.1.41 mark · multiple choice
This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Select the correct bracketed option: it is either the (short title) or the (long title) of an Act that indicates the purpose of that Act.
May/Jun 2013, Q7.1.51 mark · multiple choice
This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Select the correct bracketed option: it is either the (first section) or the (preamble) of an Act that sets out the underlying philosophy of that Act.
May/Jun 2013, Q7.25 marks
This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Discuss and compare the onus of proof that applies in a civil case as opposed to a criminal case.
May/Jun 2013, QB132 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Identify which of the following role players conducts the state's case during a criminal matter in the magistrate's court.
May/Jun 2013, QB142 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Identify which of the following is NOT an academic or professional requirement for admission as an attorney.
May/Jun 2013, QB152 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Identify which of the following is NOT a possible role player during a criminal case in the magistrate's court.
Oct/Nov 2012, Q7(a)(i)4 marks
Read the following scenario and answer the questions that follow. Handie Crombie, who is 16 years old, and Judd King, who is 17 years old, live next door to each other. They are not really friends, but they walk to school together every morning. One day at school, Handie hits Judd with a cricket bat because he does not like Judd. Judd sustains severe head injuries and has to undergo an emergency operation which costs R400 000. Based on the scenario involving Handie Crombie and Judd King, name the two different legal disputes that might arise from these facts, and explain the purpose of each of the disputes that you name.
Oct/Nov 2012, Q7(a)(ii)2 marks
Read the following scenario and answer the questions that follow. Handie Crombie, who is 16 years old, and Judd King, who is 17 years old, live next door to each other. They are not really friends, but they walk to school together every morning. One day at school, Handie hits Judd with a cricket bat because he does not like Judd. Judd sustains severe head injuries and has to undergo an emergency operation which costs R400 000. In which court can Judd King claim the R400 000 for the emergency operation resulting from Handie Crombie's assault with the cricket bat? Give a reason for your answer.
Oct/Nov 2012, Q7(a)(iii)4 marks
Read the following scenario and answer the questions that follow. Handie Crombie, who is 16 years old, and Judd King, who is 17 years old, live next door to each other. They are not really friends, but they walk to school together every morning. One day at school, Handie hits Judd with a cricket bat because he does not like Judd. Judd sustains severe head injuries and has to undergo an emergency operation which costs R400 000. Fully discuss and compare the onus of proof applicable in the two legal disputes that you named in question 7(a)(i) regarding the Handie Crombie and Judd King scenario.
Oct/Nov 2012, Q92 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. Consider the case reference Naude and Another v Fraser 1998 (4) SA 539 (SCA) and complete the sentence by choosing the correct option: in this case, Fraser refers to the...
Oct/Nov 2012, Q102 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. Complete the following sentence by choosing the correct option: the decision of the High Court in Senekal v Roodt 1983 (2) SA 602 (T) is binding on...
Oct/Nov 2012, Q142 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. A police officer is charged with the unlawful shooting and killing of a pedestrian during a car chase involving a gang of robbers. The police officer has to appear in the South Gauteng High Court. Who will represent the state in this case?
Oct/Nov 2012, Q152 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. John Smith was awarded a claim of R150 000 by the High Court against Peter Nel, after the court found that Peter caused the motor car accident in which John sustained severe injuries. Peter is not satisfied with the ruling of the court, because he believes the accident was not his fault. Which court can Peter approach next?
May/Jun 2012, Q7(a)(i)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.
May/Jun 2012, Q7(a)(ii)1 mark
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.
May/Jun 2012, Q7(a)(iii)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.
May/Jun 2012, Q7(a)(iv)1 mark
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.
May/Jun 2012, Q7(a)(v)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.
May/Jun 2012, Q82 marks · multiple choice
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.
May/Jun 2012, Q132 marks · multiple choice
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.
May/Jun 2012, Q142 marks · multiple choice
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.
May/Jun 2012, Q152 marks · multiple choice
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.
May/Jun 2011, Q5.14 marks
Question 5 deals with the hierarchy of courts and the doctrine of precedent in South African law, and is worth a total of 10 marks. During June 2009 the North Gauteng High Court sitting in Pretoria handed down a judgment that altered a principle of the law of contract. Later, on 8 February 2010, two parties named Maria and Yonela appeared before the regional court in Mokopane, Limpopo Province, to resolve a dispute that had arisen from a contract concluded between them. Explain whether the regional court in Mokopane will be bound by the judgment previously delivered by the North Gauteng High Court, and give reasons to support your answer.
May/Jun 2011, Q5.22 marks
Question 5 deals with the hierarchy of courts and the doctrine of precedent in South African law, and is worth a total of 10 marks. Explain the difference between an appeal and a review as legal remedies.
May/Jun 2011, Q5.32 marks
Question 5 deals with the hierarchy of courts and the doctrine of precedent in South African law, and is worth a total of 10 marks. Rudene and Melissa are partners in a same-sex relationship. One day, while walking down the street holding hands, a passer-by named Lize made an insulting remark about them. Feeling wronged, Rudene and Melissa decide to institute a claim against Lize for crimen iniuria. Melissa has read that the South African legal system has a hierarchy of courts, and she decides that she does not want to waste time approaching a magistrate's court or a high court, but wishes instead to approach the Supreme Court of Appeal directly. State whether Melissa will be permitted to approach the Supreme Court of Appeal directly, and provide a reason for your answer.
May/Jun 2011, Q5.42 marks
Question 5 deals with the hierarchy of courts and the doctrine of precedent in South African law, and is worth a total of 10 marks. Explain why the onus (burden) of proof required in a civil case is lighter than the onus of proof required in a criminal case.
May/Jun 2011, Q212 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Determine who receives the evidence collected by the investigating officer and then decides whether the suspect should be charged in a magistrate's court.
May/Jun 2011, Q222 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Determine who represents the state in a criminal case.
May/Jun 2011, Q232 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Identify the CORRECT statement regarding the burden of proof in a criminal case.
May/Jun 2011, Q242 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Determine which one of the following is NOT a possible role player in a civil case.
May/Jun 2011, Q252 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) Determine what the opposing parties in a civil case can possibly be known as.
The full Spot Map and the marks by year.