SCL1501 multiple choice exam pack PDF

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Summary

Skills Course for Law Student Consider the following statements before choosing the correct option: (a) Law is the body of rules that governs only criminals in the society. (b) When the law is described as a system of norms, it is known as private law.Choose your answer from one of the following: (1...

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Skills Course for Law Student

1.

Consider the following statements before choosing the correct option: (a) Law is the body of rules that governs only criminals in the society. (b) When the law is described as a system of norms, it is known as private law. Choose your answer from one of the following: (1) Statements (a) and (b) are correct (2) Statements (a) and (b) are incorrect (3) Statement (a) is correct; statement (b) is incorrect (4) Statement (a) is incorrect, statement (b) is correct

2.

Indicate the correct statement Law is always enforced by the state in the society it operates (1) This statement is true (2) This statement is false (3) This statement is true only in relation to constitutional law (4) This statement is true only in relation to civil law

3.

Indicate the correct statement Which of the following are not duties of paralegals? (1) Conducting legal research (2) Organising evidence to be presented at trial (3) Statement (b) with appropriate supervision by a lawyer. (4) Statement (a) and (b), with appropriate supervision by a lawyer.

4.

Indicate the incorrect statement An advocate carries out the following duties: (page 84 study guide) (1) Legal opinion (2) Litigation (3) Drafts legal documents (4) Gives briefs to attorneys

5.

Indicate the correct statement Which of the following will indicate if a court is hearing a criminal or civil matter? (1) The presence or absence of a police officer (2) Whether the parties had legal representation (3) The standard of proof required (4) Whether the case is heard in the High Court

6.

Indicate the correct statement Which institution in the list below falls under chapter 9 of the Constitution of the Republic of South Africa.? (1) The National Prosecuting Authority (2) The University of South Africa

(3) The Department of Justice (4) The South African Human Rights Commission 7.

Indicate the correct statement Kgagudi hires a motor mechanic to repair his damaged car. The repair work is faulty and causes a major damage to Kgagudi’s car. Who must prove negligence in this scenario, and what is the standard of proof? (1) The prosecution, beyond reasonable doubt (2) The prosecution, on the balance of probabilities (3) Kgagudi, on the balance of probabilities (4) The motor mechanic, on the balance of probabilities

8.

Indicate the correct statement When a court establishes a binding precedent, the reason for its decision, in Latin, is referred to as:

9.

Indicate the correct answer Which of the following court will never be “the court of first instance”? (1) The High Court (2) The Magistrate’s court (3) The Supreme Court of Appeal (4) The Constitutional court

10.

Indicate the correct statement If a case goes on appeal and the appellant wins, we would say: (1) The appeal was dismissed and the decision upheld (2) The appeal was dismissed and the decision reversed (3) The appeal succeeds and decision upheld (4) The appeal succeeds and the decision reversed

11.

The trial stage before the cross-examination is referred to as: (1) Main examination (2) First cross-examination (3 Examination-in-chief ( conducted after the witness has been sworn in.) (4) Re-examination (conducted after your witness has been cross-examined.)

12.

Indicate the incorrect statement The following characterises a student as a subjective being: (1) Interaction and dialogue with the teacher or lecturer (2) Engaging and questioning current affairs (3) Memorisation and regurgitation (4) Research on the subject matter

13.

Indicate the correct answer A learning style through which a skill is acquired when a student learns through experience is called: (1) Skills learning development (2) Subjective being (3) Study process (4) Learning by doing

14.

Indicate the correct statement Letsoalo, Raligilia and Mahlobogwane are partners in the firm LRMs (Pty) Ltd. How much will Raligilia get if the partners have agreed to share in the firm’s profit of R450 000 on the basis of the ratio 1: 2: 3? (1) R150 000,00 (2) R210 000,00 (3) R139 999,00 (4) R38 333,33

15. The salvage value of Boledi Moretsele’s Chevrolet Spark is R20 000. How much may he claim from the defendant if it has become uneconomical to repair after an accident? The pre- accident value of the Spark was R130 000. (1) R110 000,00 (2) R15 000,00 (3) R90 000,00 (4) R80 000 16.

Indicate the correct statement An attorney applies numeracy skills when performing the following duties: (1) When dealing with the high court matters only (2) When calculating damages and making claims on behalf of the clients (3) When giving advice on car collision matters only (4) All of the above

17.

Indicate the correct statement When a matter was heard in a Magistrate Court, appealed to the High Court and further appealed to the Supreme Court of Appeal (SCA), the High Court would be regarded as: (1) The “court of first instance” to the matter in SCA , (where it was first heard) (2) The “court ” to the matter in Magistrate Court (3) The “court ” to the matter in SCA (from where before it is heard in the current court) (4) All of the above

18.

Indicate the incorrect statement The Act has to undergo the following processes in order to be effective: (1) Passed by the Parliament (2) Signed by the President (3) Signed by the minister Published in the

19.

Indicate the correct statement (1) Is allowed during cross-examination (2) Is a form of irrelevance in arguments (also to argue from authority) (3) is irrelevant only in criminal cases (4) Is irrelevant at any stage of the trial

20.

Indicate the CORRECT statement The Skills Course for Law students (SCL1501) deals with: (1) The importance of skills in our studies and legal profession (2) Effective learning and banking education (3) Tasks or activities as more important than knowledge (4) Integration of knowledge with theory and cases

21.

Indicate the correct statement: The purpose of the SCL1501 module is to: (1) Enable students to develop skills relevant to legal studies (2) Differentiate between law and rules (3) Do the and banking education in law situations (4) Understand the Legal Practice Act 28 of 2014

22.

Indicate the incorrect statement The following are characteristics of the concept “law”: (1) Law is a system of rules (2) Rules are laws (3) Law applies to human beings (4) The state recognizes rules in order for them to become law

23.

Indicate the correct statement The following holds true for meaningful education: (1) Learning is a core element of banking education There is no difference between and (3) forms part of banking education (4) Interrogation of the curriculum

24.

Indicate the correct statement The following aspect appropriately describes banking education: (1) Paulo Freire promotes praxis because it appropriates reasoning capacity (2) Questioning or interrogation of information enhances banking education (3) Banking education gives a balance between studying and learning Banking education undermines the notion of

25.

Indicate the correct statement The legal profession is regulated by the following: (1) The Judiciary

(2) The Attorneys’ Act 53 of 1979 (3) The State Attorneys’ Act 58 of 1957 (4) The Legal Practice Act 28 of 2014 26.

Indicate the correct statement An effective communicator does the following: (1) Uses 35% for verbal communication (2) Uses 65% for non-vernal communication (3) Listens whilst noting the other person’s feelings (4) Tries to remain subjective at all times

27.

Indicate the correct statement The main objective of “examination-in-chief” is to: (1) Discredit the witness’ statements (2) Ask leading questions in order to help the court (3) Enable a witness to tell his/her story to the court (4) Make the lawyer protect his/her client

28.

Indicate the correct statement: If a President signs an IsiZulu version of an Act of Parliament, it means: (1) The Act will be effective in the Kwazulu Natal Province (2) The Act will be effective after it has been translated to English (3) There are no enough translators in Parliament (4) The IsiZulu interpretation will prevail over other versions of the Act

29.

Indicate the correct statement: Presumptions are necessary when reading or interpreting legislation because: (1) The Constitution requires them to be supreme law of the land (2) They are contained in the Interpretation Act 33 of 1957 (3) They give guidance where Acts are silent or vague on an issue (4) They are applied retrospectively

30.

Indicate the correct statement (1) The procedure in action proceedings is started by way of notice of motion (2) Action proceeding is used when there are no fundamental disputes on the facts of the case between the parties involved (3) The parties in action proceedings are the majority, minority and separate (4) application is another type of civil case

31.

Indicate the correct statement (1) “Headnotes” and “catch phrases” are written by the judges Headnotes are compiled by the publishers of the (3) Headnotes contain the summary of the case (4) Headnotes form the basis of heads of argument

32.

Indicate the correct statement (1) Order as to costs are instructions from the court orderly (2) Order as to costs forms part of the examination in chief (3) There are no orders as to costs in criminal cases, only in civil cases (4) Order as to costs is normally stated at the end of an Act of Parliament

33.

Indicate the correct statement: In a case, more than one judgment is given when: (1) The judgment represents the opinion of all judges (2) The court a quo is a High Court (3) The law is applied to the facts of the case (4) When there is no agreement among the judges

34.

Indicate the correct statement: (1) Minority decision binds the smaller courts (2) Separate judgment binds only the small claims court (3) A minority judgement creates a precedent and it is binding on the lower courts A majority judgment contains the

35.

Indicate the correct statement The in a case indicates the following: (1) The words “ ” and “ ” (2) The facts of the case (3) The reasons for decision of the court (4) Interpretation of the High Court rules to the decision of the magistrate court

36.

Indicate the correct answer: An Africanist music group, Rhythmic Elements, has purchased a studio equipment for R388 000 VAT inclusive. What was the price of the equipment before VAT was added? (1) R340 350,88 (2) R54 320,88 (3) R333 680,00 (4) R442 320,88 = 14/114 x 388 000 = 47 649.12 then 388 000 – 47649.12 =340 350.88 (using 14% VAT)

37.

Indicate the correct statement: (1) The Supreme Court of Appeal is the highest court in the land (2) A decision of the Constitutional Court may be appealed to the Supreme Court of Appeal (3) The Constitutional Court is also the Supreme Court of Appeal The Constitutional Court would never be the court

38.

Indicate the correct statement: (1) Experienced advocates and attorneys may represent parties in Small Clams Courts (2) Magistrates are private legal practitioners and therefore are independent

(3) Presiding officers in higher courts are called judges (4) The parties in a criminal case are the plaintiff and the defendant 39.

Indicate the correct statement: Kgapane, Lenyenye and Seshego divide the profit of their business, Lebowa la Kgomo le Motho (LKM) on a basis of 1:2:3. Their profit is R300 000.00. Kgapane will get: (1) R150 000,00 (2) R50 000,00 (3) R30 000,00 (4) R60 000,00 =1/6 [1+2+3] x 300 000 = 50 000

40. It is uneconomical to repair Marupine Sape's Mazda 6 sedan after it was involved in a road accident collision at Khwadu Mountain Pass. However, he is entitled to claim R68 000.00 from the pre-accident value of the motor vehicle, which was estimated at R100 000.00. How much is the salvage value of the wreck? (1) R168 000.00 (2) R68 000.00 (3) R32 000.00 (4) R100 000.00 = 100 000 -68 000 = 32000...