ILW1501 - Study Notes - Summaries for your ease of reference. PDF

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2020 JUNE EXAM PREP-MCQ Example 1 The Corpus Iuris Civilis is the … (1) codification of Roman classical law by Roman jurists. (2) codification of Roman law by Justinian. (3) codification of Roman-Catholic church law known as canon law. (4) codification of Roman-Dutch law by de Groot and Voet. (2) Answer: Statement (2) is clearly correct. The Corpus Iuris Civilis is the codification of Roman law by Justinian. (2) [Important note: Justinian wanted to bring order to the Roman legal system and decided that the Roman law must be codified. This meant that all the earlier writings of the classical jurists and all the laws passed by all the emperors, in other words sources of Roman law that already existed, were to be collected and written down as a code, the Corpus Iuris

Civilis. (See Study unit 3, p 36.)]

Example 2 Sibaniso Burgher is arrested for assaulting his wife, Catherine, and their two children. Sibaniso appears in court to plead. Who will be the parties in this case? (1) Catherine and Sibaniso (2) Catherine, the two children and Sibaniso (3) the state, Catherine and the two children (4) the state and Sibaniso (2) Answer: Statement (4) is the correct statement. (2)

Example 3 Zipporah owes Silas a large amount of money. She decides to deliver her horse to Silas as security for her debt. This is an example of … (1) a personal right. (2) ownership. (3) a real right. (4) a right to performance. (2) Answer: Statement (3) is the correct statement. (2) [See Study unit 2, pp 22-23.]

Example 4 Sibaniso Burgher is arrested for assaulting his wife, Catherine, and their two children. Sibaniso appears in court to plead. Who will be the parties in this case? (1) Catherine and Sibaniso (2) Catherine, the two children and Sibaniso (3) the state, Catherine and the two children (4) the state and Sibaniso (2) Answer: Statement (4) is the correct statement. (2) [Note: Our facts deal with a criminal case. Sibaniso is accused of a crime because he assaulted his wife and two children. In a criminal case the parties are the state and the accused. Thus, the state and Sibaniso will be the parties in this case. See Study unit 11, p 186.]

2020 semester 1 Question 1 Calvin is an animal rights activist who regards the hunting of wildlife as unethical. He therefore frequently protests against the exploitation of animals at hunting and wildlife exhibitions. He also campaigns on his blog on the internet for the adoption of legislation to ban the hunting of caged lions in South Africa. The normative system applicable in this scenario is (1) the law. (2) community mores. (3) individual morality. (4) animal rights.

Question 2 Read the following scenario and answer the questions that follow: Ms Masina and Ms Seoke live in Protea Glen Estate in Soweto and have been neighbours for some time. Ms Masina does not care about the environment and regularly burns all her garden refuse by making a big fire. This is a huge nuisance to Ms Seoke and makes life very unpleasant for her. By causing excessive smoke on her property, Ms Masina infringes on Ms Seoke’s (1) personal right. (2) personality right. (3) real right. (4) intellectual property right.

Question 3 Which division of the private law is applicable to the scenario in Question 2? (1) law of persons (2) family law (3) law of personality (4) law of patrimony

Question 4 Which sub-division of the division of the private law that you identified in Question 3 will be applicable to this scenario? (1) law of things (2) law of succession (3) law of obligations (4) law of unjustified enrichment 28

Question 5 Which one of the following countries’ legal systems falls within the common-law legal family? (1) Germany (2) The Netherlands (3) Belgium (4) Australia

Question 6 Read the following scenario and answer the questions that follow: Christopher and Kristin met each other at a braai of one of their friends. It was a matter of love at first sight and they started dating immediately. Everywhere they went they took pictures and selfies with their smart phones. Unfortunately, Kristin’s love for Christopher did not last and she ended their relationship. Christopher was very upset and started to post selfies that Kristin had shared with him on Facebook. He described her as “a rude and stupid blond with no self-respect”. Kristin is devastated about Christopher’s posts on Facebook for the entire world to see. She feels as if her reputation has been hurt forever and that she will never be able to show her face in public again. Which fundamental right has been infringed in this scenario? (1) the right to equality (2) the right to human dignity (3) the right to life (4) the right to freedom of expression

Question 7 To which category does the fundamental right that you identified in Question 6 belong? (1) First generation rights (2) Second generation rights (3) Third generation rights (4) Socio-economic rights

Question 8 Indicate whether the following statement is true or false: “The kind of application of the Bill of Rights applicable to the scenario in Question 6 is known as the vertical application of the Bill of Rights.” (1) True (2) False

Question 9 Consider the following two statements: (a) In terms of section 25 of the Legal Practice Act 28 of 2014, attorneys now have an automatic right to appear in the High Court. (b) In terms of the Legal Practice Act 28 of 2014, attorneys must belong to the Law Society of South Africa. Choose the correct option: (1) (a) is correct; (b) is correct

(3) (a) is correct; (b) is incorrect (4) (a) is incorrect; () is correct

Question 10 A(n) is a document that sets out the charges that the state brings against the accused. Indicate the correct answer: (1) warrant of arrest (2) summons (3) written notice (

2020 Semester 2

Question 1 Consider the following two statements: Formal law refers to (a) the legal rules that determine how court cases are decided. (b) the part of the law that determines the meaning of legal rules. Choose the correct option: (1) (a) is correct; (b) is correct (2) (a) is incorrect; (b) is incorrect (3) (a) is correct; (b) is incorrect (4) (a) is incorrect; (b) is correct

Question 2 Sipho concluded a contract of sale with Zodwa. In terms of this contract, Sipho undertook to sell his motor car, a red Mazda 323, to Zodwa for R63 000. They agreed that Zodwa will pay the purchase price when Sipho delivers the car to her. When Sipho wanted to deliver the car, Zodwa refused to pay the purchase price. She told Sipho that she no longer liked the Mazda 323 and was making arrangements to buy another motor car, a blue Toyota Camry. Which right is applicable in this scenario? (1) intellectual property right (2) personality right (3) personal right (4) human right

Question 3 The fact that various systems of law are applied in South Africa is known as (1) the personality principle. (2) the reception of law.

(4) the codification of law.

Question 4 A hard drive containing the personal data of 500 University employees was stolen by a disgruntled employee and released without permission into the public domain. The employee who released the personal records was caught and the matter is currently being argued in the High Court. You are a clerk at the High Court, tasked with finding relevant sources of law that will assist the Judge in preparing her judgment. During your research, you come across a number of sources relevant to the case. Which one of the following sources that you found is not an authoritative source of law? (1) The Constitution of the Republic of South Africa, 1996. (2) The views of modern South African legal writers. (3) The South African common law. (4) The South African Electronic Communications and Transactions Act 25 of 2002.

Question 5 Read the following two statements: In terms of the Constitution of the Republic of South Africa, 1996 (a) none of the fundamental rights in the Bill of Rights may be limited.

(b) the right to life may be suspended when the state declares a state of emergency. Choose the correct option: (1) (a) is correct; (b) is correct

(3) (a) is correct; (b) is incorrect (4) (a) is incorrect; (b) is correct

Question 6 Read the following scenario and answer the questions that follow: Sam Jones is a well-known breeder of purebred racing horses. One morning he is on his way in his truck to the racing horse track with his new award-winning racing horse, Fast Runner, which he bought for R750 000 from a racing horse breeder in Dubai. Fast Runner is inside a trailer behind the truck. At a busy intersection, Miles Smith skips the red light with his sports car and crashes into the trailer. Fast Runner is unharmed but the trailer is badly damaged. The panel beater quotes Sam an amount of R250 000 to repair the damages to the trailer. Which kind of dispute will arise, specifically with regard to the damages to the trailer? (1) civil case (2) criminal case (3) appeal case (4) constitutional case

Question 7 Who will be the opposing parties in the dispute that you identified in Question 6? (1) the state and the defendant

(2) the plaintiff and the defendant (3) the applicant and the defendant (4) the state and the respondent 38

Question 8 Which one of the following is a factor that will determine the court’s jurisdiction in the dispute that you identified in Question 6? (1) the type of offence (2) the amount of damages claimed (3) the geographical area where the crime was committed (4) the possible sentence

Question 9 Read the following two statements: In the case that you identified in Question 6, the onus of proof will rest on the (a) plaintiff who must proof his case on a balance or preponderance of probabilities. (b) state that must proof its case beyond a reasonable doubt. Choose the correct option: (1) (a) is correct; (b) is correct (2) (a) is incorrect; (b) is incorrect (3) (a) is correct; (b) is incorrect (4) (a) is incorrect; (b) is correct

Question 10 Read the following statement and indicate whether it is true or false: If one of the parties in the case that you identified in Question 6 alleges that the presiding officer in the case was bias, they may take the decision of the court on appeal in a higher court. (1) True (2) False

2019 SEMESTER 1

Question 1 Melissa and Nasir are a mixed-race couple. They have just moved into their dream home in an elite, but very traditional, neighbourhood. Their neighbours ignore them and some even openly voice their disapproval of the couple’s relationship. The normative system applicable to this scenario is (1) the law. (2) religion. (3) individual morality.

Question 1 Option (4) is correct. The normative system that is applicable in this scenario is community mores. Community mores are the rules of a whole community (in this instance the neighbourhood) or a group within that community. Options (1), (2) and (3) are therefore incorrect. [Study unit 1, pp 12-13; 16]

Question 2 Samantha recently completed her law degree and asks her friend, Mary, to lend her R1000 so that she can buy a beautiful dress to wear at her graduation. Mary agrees, on condition that Samantha gives her the sound system as security for the debt. As soon as Samantha repays Mary the R1000, Mary will return the sound system to Samantha. The above arrangement between Samantha and Mary is known as a (1) servitude.

(3) real right. (4) personality right.

Question 2 Option (2) is correct. In the case of a pledge, a movable thing (in this instance the sound system) is given as security for a debt (in this instance the R1000 that Samantha owes Mary). Options (1), (3) and (4) are therefore incorrect. [Study unit 2, p 24]

Question 3 Which of the following is an example of a country where the civil-law legal family applies? (1) Communist China (2) America (3) England

Question 3 Option (4) is clearly correct. Germany is an example of a country that belongs to the civil -law legal family. Options (1), (2) and (3) are therefore incorrect. [Study unit, 4, p 44]

Question 4 Karel and Martie entered into an agreement with New Visions Kitchens to renovate their kitchen. They agreed that New Visions Kitchens would replace their old stove with a new Easycook stove. The new stove would have a two-year guarantee. Karel and Martie could not wait to try out the new stove and invited their best friends for dinner. To their utter disappointment and anger, the oven failed before the meal was cooked. They had to go to a restaurant for dinner instead. The following day Karel's brother, who repairs electrical appliances, looked at the stove and told him that it was not a new stove. When Karel phoned New Visions Kitchens, they refused to speak to him. To make matters worse, it appeared that they had destroyed a fishpond with exclusive species of fish in Karel's garden by dumping some of the building rubble in it. Which main division of the law is applicable to this scenario? (1) Public law

(3) Mercantile law (4) Law of enrichment

Question 4 Option (2) is correct. The two main divisions of South African law are public law and private law. Private law deals with the interests of individuals. This scenario clearly concerns the interests of private individuals (Karel and Martie) and a private company (New Visions Kitchens).

Question 5 Which division of your answer in Question 4 will be applicable to this scenario? (1) Law of persons (2) Family law (3) Law of personality

Question 5 Option (4) is correct. The division of the private law (the answer to Question 4) that is applicable to this scenario is the law of patrimony. The law of patrimony concerns people and their means, in other words, anything that a person has with a value in money. In this scenario, the defective stove and the damaged fishpond with the fish have a value in money and are thus part of Karel and Martie’s means. Options (1), (2) and (3) are therefore incorrect. [Study unit 5, p 52]

Question 6 Which subdivision of your answer in Question 5 will be applicable to this scenario? (1) Law of things (2) Law of succession

(4) Law of contract

Question 6 Option (3) is correct. The subdivision of the law of patrimony (the answer to Question 5) that is applicable in this scenario is the law of obligations. An obligation is a legal relationship between two or more parties, where one party has a right against the other party for performance and the other party has a corresponding duty to perform. In this scenario, Karel and Martie had a right against New Visions Kitchens for delivery and instalment of the stove, while New Visions Kitchens had a corresponding duty to deliver and install the stove. At the same time, New Visions Kitchens had a right against Martie and Karel for payment for delivering and installing the stove, while Karel and Martie had a corresponding duty to pay for the delivery and instalment of the stove. Options (1), (2) and (4) are incorrect. [Study unit 5, p 53]

Question 7 Which further subdivision of your answer in Question 6 will also be applicable to this scenario? (1) Law of things

(3) Unjustified enrichment (4) None of the above Question 7 Option (2) is correct. The further subdivision of the law of obligations (the answer to Question 6) is the law of contract. In this scenario, Karel and Martie had a contract with New Visions Kitchens for delivery and installation of the stove. Options (1), (3) and (4) are thus incorrect. IMPORTANT NOTE: The law of contract was the only correct option that we provided in this question and therefore the answer that you had to choose. However, it is important for you to understand that the law of delict is also applicable to this scenario. In terms of the law of delict, one can claim compensation for damages suffered as a result of the actions of another person or a company. In this scenario, New Visions Kitchens damaged the fish pond. As a result, Karel and Martie can claim compensation from New Visions Kitchens for the damages that they suffered in this regard. New Visions Kitchens will either have to replace the fish pond and the fish, or pay for it. [Study unit 5, p 53] 10

Question 8 You will find the purpose of an Act in the (1) preamble.

(3) short title. (4) definitions clause

Question 8 Option (2) is clearly correct. The purpose of an Act is found in its long title. Options (1), (3) and (4) are therefore incorrect. [Study unit 6, p 124]

Question 9 Consider the following statement: Constitutionalism means that the parliament is sovereign and that it can make any law if it follows the correct procedure. (1) True

Question 9 Option (2) is correct, since this statement is false. The new Constitutional dispensation (i.e. since the adoption of the 1993 and 1996 Constitutions) introduced constitutionalism. This means that the Constitution is the supreme (highest) law in the country and that everyone and all law are ruled by the Constitution. However, in the past (before the adoption of the 1993 and 1996 Constitutions) South Africa followed the system of parliamentary sovereignty. This meant that parliament was supreme (sovereign) and that it could therefore make any laws it wanted to, even if these laws were unjust, as long as the correct procedure was followed. This is clearly, as a result of constitutionalism no longer the situation. Options (1), (3) and (4) are therefore incorrect.

[Study unit 7, p 135]

Question 10 Who are the role players in a criminal case in the high court? (1) a state prosecutor, an attorney and a magistrate (2) an advocate, a state advocate and a magistrate (3) a state prosecutor, an advocate and a judge

TOTAL: [10] Question 10 Option (4) is correct, as these are all role players in a criminal case in the High Court. Options (1), (2) and (3) are therefore incorrect. [Study unit 12, p 212; Study unit 13, p 215]

2019 Semester 2

Question 1 Substantive law refers to: (a) The legal rules that determine how court cases are decided. (b) The part of the law that determines the meaning of legal rules. Choose the correct option: (1) (a) is correct; (b) is correct (2) (a) is incorrect; (b) is incorrect (3) (a) is correct; (b) is incorrect (4) (a) is incorrect; (b) is correct

Question 2 The right to enter into a contract is called a (1) personality right. (2) personal right. (3) real right. (4) capacity.

Question 3 Peter and James are in grade 11 and play soccer for the first team of their school. During a soccer match with another school, Peter misses a goal. James is furious about this and punches Peter in the face. James infringed on the following right granted to Peter in terms of the private law: (1) personality right

(2) real right (3) personal right (4) intellectual property right

Question 4 Several factors contributed to the reception of English law at the time of the British occupation of the Cape during 1806 - 1910. Which of the following did not form part of these factors? (1) Judges and advocates received their training in England. (2) The English jury system was received at the Cape. (3) The English law was formally received through legislation. (4) The lives of the people were governed through placaeten.

Question 5 In a court decision the obiter dictum is found where the judge (a) quotes a similar case. (b) makes an incidental remark. (c) sets out the legal rules relating to the dispute. (d) gives the reason or reasons for the decision. Choose the correct option: (1) (a) and (b) are correct (2) (c) and (d) are correct (3) (a), (b) and (c) are correct (4) (a), (c) and (d) are correct

Question 6 David Berman applies for a post as engineer at a large construction company, Oxtron. It is a well-known fact that all the directors of Oxtron are Catholic. On his application form David men...