NAME PHUMEZO

SURNAME MBADLA

STUDENT NUMBER 8512245668088

MODULE CODE ITL 52

Question 1
1. False
2. True
3. False
4. True
5. True
6. True
7. False
8. False
9. True
10. True
Question 2

1. Single -Owner Enterprise (Sole Proprietorship)

This is the most common form of business ownership and the simplest, the business is owned
by and directed by one individual this individual owns all the rights to run the business however
they deemed fit the advantages of this business are: Absence of corporate tax, the person
makes all business decision and the disadvantages are: the person is responsible for all business
debt and losses and raising of capital is the responsibility of the owner (Voges).
2. Partnership
Similar to sole proprietorship its when two or more people are involved and the advantages
are: it has a simple structure since it does not require formation paperwork and with income
passing through to partners proportionally based on share of ownership. The disadvantages
are legal liability, it opens the partners up to legal liability for the firm’s operations. Financial
risk, partners put their personal assets at risk in case of financial hardship or bankruptcy.
3. Limited Liability Partnership
The aim is to provide the simplicity and pass-through taxation of partners. The advantages are ,
it has limited liability it separate legal entity with its own assets and obligations. This protects
partners from personal liabilities for legal and financial claims against the firm. Disadvantage is
it is not available in every state and they may only be available to certain types of businesses.
4. Benefit Corporation
It is formed to serve a public benefit in addition to the usual corporate mission of earning
profits. They are structured like other corporations with a board of directors and bylaws, yet
the board is responsible for measuring and reporting on its social impact as well its financial
performance. The advantages are it limits its shareholders liability for financial claims and the
disadvantage is, benefit corporations are subject to federal corporate income tax.
 5. Public Limited Company
Often confused with private limited companies it is differ in that shares in the enterprise can be
sold to the general public to sell shares to raise funds for things like expansion..
Question 3
1. Appeal: A request made after a trial by a party that has lost on one or more issues that a
high court review the decision to determine if it was correct.

2. Trial: At the end of the trial the judge will make a ruling on all issues sometimes orally.

3. Arraignment: to bring one charge with a crime to court to answer the charge made
against him/her.

4. Arbitration: When a person isn’t involved in the case looks at the evidence hears the
arguments and makes a decision.

5. Jury trial: The jury trial will decide your guilt or innocence. If you fail to appear the
bench warrant will be issued.
Uncontested Divorce: Divorce proceeding may be instituted in either the regional magistrate’s
court or the high court either of which must have jurisdiction in the plaintiff’s (the person who
requesting the divorce) or the defendant’s residential area. A summons will be issued out of
relevant court to initiate the process where after it will be served on the defendant by the
sheriff. It is important that a divorce summons clearly states the reason for the divorce
proceedings. Often, the reasoning will include the indication that there is no reasonable
prospect of restoring the relationship between the parties the summons must contain provision
for the division of the assets in the joint estate particularly if married in community of property.
(Howard, 2015)
Question 4

The Roman Dutch Law: is uncodified law of Holland as it was at the time of the original Dutch
settlers in the mid seventeenth century and many legal doctrines and the arrangement of the
law in general can be traced to this civilian heritage.

Customary Law: Plays an equal role in South Africa’s hybrid legal system. It is usually consists
of unwritten customs that are passed on orally from generation to generation, it differs on a
tribal and territorial basis.

Religious Law: Includes ethical and moral codes taught by religious traditions. Different
religious systems hold sacred law in greater or lesser degree of importance to their belief
systems with some being explicit antinomian whereas others are nomistic in nature. (Chanock,
2001)

Question 5
Primary Sources: are the actual law in the form of constitution, court cases, statutes and
administrative rules and regulations the example is the Constitution of the Republic of South
Africa it is the supreme law of the land no other law or government action can supersede the
provisions of the constitution.

Secondary Sources: are used to help to locate primary sources of law, define legal words and
phrases or help legal research the example is Legal Dictionaries is a dictionary that is design and
compiled to give information about terms used in the field of law.
References
1. Criminal Law Paperback 6th edition C.R Snyman Lexis Nexis 2014.
2. The law offices of Richard Wingerden.
3. Highline Collage Library.
4. N4 Intro Entrepreneurship P. Bruwer C. Bruwer and S. Voges