THE SOUTH AFRICAN SCHOOL OF PARALEGAL STUDIES

Transcription

1 THE SOUTH AFRICAN SCHOOL OF PARALEGAL STUDIES INTRODUCTION TO SA LAW EXAMINATION PAPER III / 2011 DATE: 21 July 2011 MARKS: 75 marks TIME: 55 min plus 5 min reading time 1. Answer all questions. 2. Write only in blue or black ink. 3. Clearly number each answer with the number of the question. 4. You need not repeat the question on your answer sheet. 5. Questions may be answered in any order. 6. Remember to read the questions carefully before answering them. 7. Do not write on both sides of the paper. 8. This exam consists of five sections: Section A: 10 marks Section B: 10 marks Section C: 10 marks Section D: 31 marks Section E: 14 marks Total: 75 marks The results will be available on 05 August 2011.

2 2 SECTION A: MULTIPLE CHOICE QUESTIONS Choose the correct answer for each of the following. Write only the question number and your chosen answer, for instance if you think that the correct answer for number 1 is (A), you would write it as 1. A). Please read all options before you answer each question. 1. The Supreme Court of Appeal is situated in: A) Bloemfontein B) Cape Town. C) Pretoria. D) Johannesburg. 2. Which of the following statements is false? A) Our common law rules have been laid down by Parliament. B) Our common law is principally made up of Roman Dutch Law. C) The common law is no longer a source of law in South Africa. D) Both A) and C) above are false. 3. The monetary limit on claims in the small claims court is: A) R B) R C) R D) R Which of the following statements is false? A) One magistrate is not bound by the judgements of another magistrate. B) Magistrate s court judgements are not reported. C) The district magistrates courts are bound by the judgements of the regional magistrates courts. D) Both B) and C) above are false. 5. The Constitution: A) is the highest law in South Africa. B) sets out the system of government. C) protects democratic principles in the country. D) All of the above.

3 3 SECTION B: TRUE OR FALSE QUESTIONS Answer True or False. If you decide that a statement is FALSE, you must explain why. 1. State advocates attend to the registration of title deeds and bonds in the deeds office. 2. Many areas of law are morally neutral. 3. Municipal by-laws are passed by Parliament. 4. The Supreme Court of Appeal only hears criminal appeals. 5. Assessors may help the judge to make a decision in a serious criminal case heard in the High Court. SECTION C: SENTENCES FOR COMPLETION Choose the correct option from the choices underlined in brackets for questions 1. to 5. below. In your answer, give only the question number and the option you have chosen. 1. The courts of chiefs and headmen deal with customary issues in terms of (Mercantile law / African customary law / statute law). 2. In the small claims court the parties appear before a (chief / magistrate / commissioner). 3. A full bench of the High Court consists of (two / three / five) judges. 4. When an attorney gives formal instructions to an advocate to act on behalf of a client, we say that the attorney has (briefed / noted / termed) the advocate. 5. Children s court proceedings are held (in camera / in public / ex officio). SECTION D: SHORT QUESTIONS [31 marks] 1. Define the following: a) a court a quo (2) b) the headnote of a reported judgement (2)

4 4 c) positive morality (2) [6] 2. In detail outline the jurisdiction of the regional magistrates courts to deal with civil cases. 3. Give four essentials that a court must be satisfied of in order to declare a custom proved, and for it to be a binding source of law. 4. a) Can a court case start in the Constitutional Court? (1) b) Can the Constitutional Court hear an appeal? (1) c) Can a decision of the Constitutional Court be further taken on appeal? Give a reason for your answer. (2) d) What is the minimum number of judges a case before the Constitutional court must be heard by? (1) [5] 5. Explain exactly where the following reported judgement can be found: Cochrane v City of Johannesburg 2011 (1) SA 553 (GSJ) 6. a) What is meant by the precedent system? (2) b) Give the latin term for that part of the judgement that forms binding precedent. (1) c) Can a judgement made on a dispute of fact form binding precedent? (1) 7. A steals B s property. a) How does this fall under Public Law? (2) b) How does this fall under Private Law? (2) [31]

5 5 SECTION E: PRACTICAL APPLICATION QUESTIONS [14 marks] 1. Identify the source of law for each of the following: a) the right to life contained in the Bill of Rights. (2) b) the Consumer Protection Act passed by Parliament in (2) 2. Identify which court is appropriate to deal with the following: a) an appeal from the Cape Town Magistrate s Court. (2) b) Patricia Mariwane institutes a claim for the restoration of farm property that she was dispossessed of in terms of racial discrimination. (2) 3. Identify which sections or areas of law govern the following: a) Clothing designer, Axe s right to the tradename, copyrights, trademarks and goodwill in his business. (2) b) The rules that determine who will inherit from Grandpa Marcus when he dies. (2) c) The employment relationship between Nosipho and her secretary Cindy. (2) [6] [14] Section A: 10 marks Section B: 10 marks Section C: 10 marks Section D: 31 marks Section E: 14 marks TOTAL 75 marks