Ilw1501 Exam Preparation 2024

ILW1501 EXAM PREPARATION FOR 2024 BY SW
MATAMELA.
UNIT 01.
Description of a norm or normative system.
 Is a standard of human conduct or rule of human behaviour.
Four normative systems.
 Law
 Religion
 Individual morality
 Community mores
The characteristics of law
 Law governs human behaviour/conduct.

 All society should obey the law.
 State organs enforce the law.
 By ignoring or disobeying the law, we may be prosecuted and punished.
The are two methods which are used to divide the south African law into main division.
N: B Firstly, south African law can be divided into two main division = public law and private
law.
 Public law > deals with the relationship between the state and the individual.
 Private law > deals with the relationship between individual and individual.
N: B Secondly the south African can be divided into the two main division = formal (or
procedural) law and substantive (material) law.
 Formal or procedural law > is that part of law which deals with the procedures that must
be followed in legal proceedings (the rule that determine how court cases are decided).
 Substantive or material law > is that part of the law which determine the content and
the meaning of the di erent legal rule.
The question of justice
 formal justice
 substantive justice.
The requirement to achieve formal justice.

 There must be explicit rules laid down to show how people must be treated in specific
cases.
 The rule must apply generally.
 The rule must be applied impartially by a legal institution.
MCQ QUESTION OF UNIT 01
Question 1
Complete the following sentence by choosing the correct option:
A normative system can be described as a system of&
(a) rules that determine the play of sport.

(b) rules that govern human behaviour.
(c) rules that control physical forces.
(d) rules that must be obeyed by all.
Question 2
Which one of the following is NOT a normative system?
(a) religion
(b) physics
(c) ethics
(d) the law
Question 3
What does the term "private law" refer to?
(a) A body of legal rules that derives from the decisions of court cases.
(b) A body of legal rules that regulates relationships between individuals.
(c) A body of legal rules that regulates relations between states and citizens.
(d) A body of legal rules that states that individuals have rights to privacy.
Question 4
Which of the following real-life situations has to do with public law?
(a) payment of private school fees

(b) repair work to motor vehicle
(c) voting in municipal elections
(d) agreement to cut o branches
Question 5
Which of the following statements describes the concept <formal law=
correctly?
(a) Formal law determines the meaning of legal rules.

(b) Formal law regulates relationships between individuals.
(c) Formal law regulates relationships between the state and its citizens.
(d) Formal law are legal rules that determine how court cases are decided.
Question 6
Formal law must comply with three basic requirements to achieve formal
justice.
Which one of the following is NOT a requirement for formal justice?
(a) Explicit legal rules must be laid down.

(b) Legal rules must apply generally.
(c) Legal rules must be fair and impartial.
(d) Legal rules must be applied impartially.
Question 7
Complete the following sentence about substantive justice by choosing.
the correct option:
Substantive justice&
(a) concerns the way in which the legal rule is applied.

(b) concerns the fairness of the content and meaning of a legal rule.
(c) provides the procedures that must be followed in legal proceedings.
(d) can only be achieved when formal justice has been achieved.
Question 8
Read the following statements about the di erence between legal norms and
moral norms.
Which statement is correct?
(a) Legal norms must be obeyed by all of society whereas moral norms must be
obeyed in a particular society.
(b) Legal norms bind the whole community whereas moral norms do not bind the
whole community.
(c) The sanction for non-compliance of legal norms is prosecution whereas the
sanction for moral norms is punishment.
(d) The origin of legal norms is not found in religion whereas the origin of moral
norms can be found in religion.
Question 9
Read the following scenario and answer the question that follows:
Nomsa is a beautiful single Christian lady who enjoys socialising with her
friends. over a glass of wine. Sometimes she drinks too much and then her
friends do not allow her to drive home. She always feels embarrassed
afterwards and decides to stop drinking. Unfortunately, she has a stressful job
and soon she starts drinking again. She is so upset with herself that she stops
visiting her friends.
Which normative system is applicable to this scenario and why?
(a) The law is applicable because Nomsa drives home under the influence of
alcohol.
(b) Religion is applicable because as a Christian Nomsa is not allowed to drink
alcohol.
(c) Individual morality is applicable because Nomsa disobeyed the rule she set for
herself.
(d) Community mores is applicable because her friends would not allow her to drive
home.
Question 10
Nomsa is a beautiful single Christian lady who enjoys socialising with her
friends. over a glass of wine. Sometimes she drinks too much and then her
friends do not allow her to drive home. She always feels embarrassed
afterwards and decides to stop drinking. Unfortunately, she has a stressful job
and soon she starts drinking again. She is so upset with herself that she stops
visiting her friends.
What is the sanction for non-compliance with the normative system applicable
to this scenario?
(a) punishment by a state organ

(b) rejection by Nomsa9s friends
(c) prosecution by a state organ
(d) Nomsa9s self-inflicted remorse
UNIT 02. LAW AND RIGHTS.
Description of the term rights.
 The way people relate to object (things) and to one another.
The rights concern the dual legal relationship that are made up of two parts.
 A relationship between a legal subject and object of the rights.

 A relationship between legal subject who must respect the rights.
There are four classes of rights in term of private law.
1. Real rights > are rights to physical, material thing which we can touch such as a
pen, a car and a herd of cows.
2. Personality rights > rights with each one of us has to parts of our person and
personality e.g., rights to a good name, rights to physical integrity and rights of
reputation.
3. Intellectually property right > it relates to the creation of the humankind e.g.,
work of art, an invention and trademark.
4. Personal rights > it is a right to performance. It is also called a claim e.g., right to
the action of another person, rights to do something.
Connection between law and rights.
 Law consists of various legal rules that determine or prescribe what the content of a
rights is.
 Law prescribes what the limit to the content of a rights are.
Question 1
A right refers to&
(a) a rule that regulates human behaviour within our society.
(b) the way people relate to (objects) things and to one another.
(c) anything that is of economic or sentimental value to a person.
(d) a rule that must be obeyed by all members of society.
Question 2
Every right concerns a dual relationship. Indicate which option reflects the two parts.
of this dual relationship correctly:
(a) a relationship between the holder of a right and the object of a right
(b) a relationship between a legal subject and a legal object

(c) a relationship between a legal subject and legal object, and other legal subjects
(d) a relationship between a legal subject and other legal subjects
Question 3
Which of the following options DOES NOT relate to the term <legal subjects=?
(a) natural and juristic persons
(b) bearers of rights and duties
(c) persons who are subject to norms of the law
(d) persons who are not under control of the law
Question 4
Which of the following is NOT a legal object?
(a) a company
(b) a painting
(c) a good name
(d) a herd of cows
Question 5
Which of the following options about ownership is correct?
(a) Ownership is a limited real right that cannot be limited.
(b) Ownership is a real right over movable or immovable property.
(c) Ownership does not include the owner9s power to destroy his property.
(d) Ownership does not include the owner9s power to alienate his property.
Question 6
Mr Venter and Mr Khumalo have been neighbours for some time. However, Mr Venter
recently installed a gutter system that causes water to flow right into Mr Khumalo9s
property, damaging his plants. This is a nuisance to Mr Khumalo and makes life very
unpleasant for him, as he is an avid gardener.

In terms of the private law Mr Khumalo has a right to his property. What is the object of
Mr Khumalo9s right to his property called?
(a) a thing
(b) personality property
(c) performance
(d) a creation of the human mind
Question 7
Mr Nkomo and Mr Masina are both farmers in the Northern Cape. The Orange River
runs through Mr Nkomo9s farm. Mr Nkomo and Mr Masina have an agreement that Mr
Masina has a right to use Mr Nkomo9s farm to get his cattle to the river to drink water.
What is Mr Masina9s right called?
(a) a personal right
(b) a right of servitude
(c) a right of way
(d) a right of ownership
Question 8
Read the scenario and answer the question that follows:
Sipho concluded a contract of sale with Zodwa. In terms of this contract, Sipho
undertook to sell his motor car, a red Mazda CX3, to Zodwa for R163 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 CX3 and decided to buy another motor car, a white
Toyota RAV. In the scenario above both Sipho and Zodwa have rights in terms of the private
law? Which rights are we referring to?
(a) intellectual property rights
(b) personality rights
(c) personal rights

(d) human rights
Question 9
Rendani, an artist, always signs his name at the back of his paintings before sending
them to the gallery. In terms of the private law Rendani has a right to his artwork. What is
his right to his artwork called?
(a) real right
(b) personal right
(c) immaterial right
(d) intellectual property right
Question 10
Which option indicates an example of a personal right?
(a) right to your person
(b) right to your reputation
(c) right to your payment
(d) right to your honour
Question 11
Read the following scenario and answer the question that follow:
Jane Mothibe agreed with Brilliant Car Repairs to repair her motor vehicle. In terms of
the contract, Brilliant Car Repairs would provide the parts and the labour for which
Jane would pay them R 10 000. What is Jane9s right to enter into the contract called?
(a) a real right
(b) a personal right
(c) a capacity
(d) a human right
Question 12
Which of the following options DOES NOT have anything to do with the connection?
between <law= and <right=?
(a) The law determines what the content of a right is.
(b) The law determines what the powers of a legal subject are.
(c) The law prescribes what human behaviour and conduct are.
(d) The law prescribes what the limits to the content of a right are.
UNIT 03 STORY OF OUR LAW
The legal system that o icially played a role in the development and composition of south
African law are.
 Roman-Dutch law
 English law
 And African customary (indigenous) law.
Factors that contributed to the reception of English law at the time of the British
occupation in the cape during 1806-1910.
 Judges and advocate received their legal training England.

 The English jury system was received at the cape.
 The law was formally received through legislation.
Question 1
Which of the following does NOT form part of the development and composition of
South African law?
(a) Roman law comes to the Cape of Good Hope.
(b) English law comes from Britain to the Cape.
(c) African customary law receives o icial status as law.
(d) South Africa becomes a constitutional democracy.

Question 2
During the Roman Empire, its law reached its peak of development in the form of the
writings of jurists and to some extent the legislation of emperors. What is the law of
this period called.
(a) Roman canon law
(b) Classical Roman law
(c) Roman imperial law
(d) customary Roman law
Question 3
Which factors played a role in the survival of Roman law in the Western Empire after
the Germanic invasion?
(a) The rise of the Roman Empire and the peak of Roman law
(b) The split of the Roman Empire and the decline of Roman law
(c) The personality principle and the role of the Roman Catholic Church
(d) The renewed interest in Roman law and its reception throughout Europe
Question 4
Which of the following about the canon law is incorrect?
(a) The church law of the Roman Catholic Church became known as canon law.
(b) Roman law formed the foundation of the canon law of the Catholic Church.
(c) Church courts used canon law to decide on questions regarding marriage.
(d) The influence of canon law remained in Europe after the Germanic invasion.
Question 5
Which factor played a role in the survival of classical Roman law in the Eastern?
Empire after the split of the Roman Empire?
(a) The influence of the Roman law on the Greek civilization of the Eastern Empire
(b) The emperor Justinian9s success in reuniting the Western and Eastern Empires
(c) The emperor Justinian9s collection of the Roman law in the Corpus Iuris Civilis
(d) The di erent kinds of law developed by jurists and emperors before AD527
Question 6
Which of the following regarding the Roman-Dutch law coming to the Cape in the
17th century is INCORRECT?
(a) The Dutch brought Roman-Dutch law from the Netherlands to the Cape when they
started a trading post in the 17th century for ships on their journey from the Netherlands
to the East.
(b) The Dutch settlement at the Cape lived according to the Roman-Dutch law that
they brought from the Netherlands and we can therefore accept that Roman-Dutch
law became applicable in the Cape through custom.
(c) The Roman-Dutch law further developed at the Cape and later the only source of
law became the writings of the old Roman-Dutch jurists from the Netherlands, also
known as the old authorities.
(d) South African courts still use the writings of the Roman-Dutch jurists and so
Roman-Dutch law has become part of our legal tradition, which enables South African
lawyers to interact with lawyers across the world.
Question 7
Which of the following factors did NOT contribute to the reception of English law at the
time of the British occupation of the Cape during 1806-1910?
(a) Judges and advocates received their legal training in England.
(b) The English jury system was received at the Cape.
(c) The English law was formally received through legislation.
(d) The English customary law governed the lives of the Dutch.
Question 8
The Appellate Division of the Supreme Court played an important role in the forming
of the <common law=. Which of the following about the <common law= is incorrect?
(a) Common law is o icially the only law of South Africa.

(b) Common law is one of our present-day sources of law.
(c) Common law is Roman-Dutch law as influenced by English law.
(d) Common law is the foundation of the South African legal system.
Question 9
Which statement regarding the recognition of African customary law during the history
and development of South African law is incorrect?
(a) Dutch authorities neither interfered with nor recognised the customary laws of the
di erent indigenous African tribes of Southern Africa when they arrived at the Cape in
the 17th century.
(b) The post-colonial authorities and apartheid governments o icially recognised
African customary law as part of South African law in a written codification, namely the
Black Administration Act of 1927.
(c) Today, African customary law is still recognised as law that develops within
indigenous communities and is largely made up of oral or unwritten customs handed
down from generation to generation.
(d) Section 211(3) of the Constitution of the Republic of South Africa, 1996 gives
African customary law formal status in South African law by stating that courts must
apply it, except if it is contrary to the Constitution.
Question 10
What is the CORRECT term used for African customary law that has to some extent
been recorded in writing, for example in legislation, court decisions and textbooks?
(a) primary customary law
(b) o icial customary law
(c) uno icial customary law
(d) living customary law
Question 11
How many democratic Constitutions has South Africa had during the course of the
history of South African law?
(a) One
(b) Two
(c) Three
(d) Four
Question 12
Which of the following regarding the interim Constitution of 1993 is INCORRECT?
(a) The Constitution was called an <interim= Constitution because its existence was
limited to two years.
(b) The interim Constitution determined that the Constitutional Assembly be given the
task of writing the final Constitution.
(c) The interim Constitution set out 34 constitutional principles with which the final
Constitution had to comply with.
(d) The interim Constitution was a democratic Constitution written by a democratically
elected government.
Question 13
Indicate the correct option:
The fact that various systems of law are applied in South Africa is known as:
(a) the personality principle
(b) the reception of law
(c) legal pluralism
(d) codification of law
UNIT 04 FAMILY OF LAW AND LEGAL CULTURES
DOWN BELOW FAMILIARISE YOURSELF WITH THE DIAGRAM OF FAMILY LAW AND
LEGAL CULTURES.
Question 1
Which of the following options that deal with the world legal order is incorrect?
a. The concepts <families of law=, <legal families= and <legal cultures= all relate to the
world legal order.
b. The concepts <legal systems of the world= and <legal families of the world= are the
same.
c. A country9s legal system may reflect the influence of the country9s culture on its law.
d. Certain standards are used to group the world9s di erent legal systems into legal
families.
Question1
Which of the following criteria deals with a legal system9s sources of law and their
importance when grouping legal systems into legal families?
a. the philosophy of the legal system
b. the economic elements of the legal system
c. the style and technique of the legal system
d the system of values of the legal system
Question 3
Which of the following criteria deals with a legal system9s beliefs or values when
grouping legal systems into legal families?
a. the philosophy of the legal system
b. the economic theories of the legal system
c. the style and technique of the legal system
d. the economic elements of the legal system
Question 4
Every legal family has an important characteristic that is common to the legal
systems that belong to that legal family. Which option is incorrect?

a. Roman law played a role in the development of the legal systems belonging to the
civil-law legal family.
b. Romano-Germanic law played a role in the development of legal systems
belonging to the common-law legal family.
c. The focus of legal systems belonging to the socialist legal family is on social and
economic policies.
d. The focus of legal systems belonging to the indigenous legal family is on the
community.
Question 5
Which of the following countries9 legal systems fall within the civil-law legal family?
a. France
b. Scotland
c. England
d. Sri Lanka
Question 6
Which of the following countries9 legal systems fall within the common-law legal
family?
a. France and The Netherlands
b. America and Scotland
c. Australia and New Zealand
d. England and South Africa
Question 7
Which of the following legal systems does NOT fall under the religious legal
family?
a. Jewish
b. Hindu
c. Marxism
d. Islamic
Question 8
Di erent legal systems influenced the development and composition of South African
law. Which legal system did NOT o icially play a role in the development and
composition of South African law?
a. Roman law
b. Roman-Dutch law
c. English law
d. African customary law
Question 9
We classify the South African legal system as a hybrid legal system, because threelegal
systems that belong to three di erent legal families played a role in the development of
our law. Look at the following options. Each option provides three legal systems and
the legal family to which each legal system belongs. Which option is correct in
reflecting South African law as a hybrid legal system?
a. " Roman law from the civil-law legal family
" Dutch law from the common-law legal family
" Canon law from the religious legal family
b. " Dutch law from the civil-law legal family
" English law from the common-law legal family
" African law from the religious legal family
c. " Roman-Germanic law from the civil-legal family
" Anglo-American law from common-law family
" Customary law from the indigenous legal family
d. " Roman-Dutch law from the civil-law legal family
" English law from the common-law legal family
" African customary law from the indigenous law family
Question 10
Which legal families contributed to the development of South African law as a legal
system belonging to the category of mixed legal families?
a. civil-law; religious; indigenous
b. common-law; religious; indigenous
c. civil-law; common-law; indigenous
d. hybrid; common-law; indigenous
UNIT 05 DIVISIONS OF LAW
 Soth African law is divided into two main divisions

1. Public law
2. Private law
Public law Law Private law

Main divisions Main divisions
1. International law 1. Law of person
2. Constitutional law 2. Family law
3. Administrative law 3. Law of personality
4. Criminal law 4. Law of patrimony
5. Law of procedure
Subdivision
Subdivisions (a) Law of property
(b) Law of succession
Civil procedure (i) Testate
Criminal procedure succession
Law of evidence (ii) Intestate
succession.
(c) Law of obligation
(i) Law of
contract
(ii) Law of
delict
(iii) enrichment
Other area of law
1. mercantile (divisions)
2. labour law. (divisions)
3. conflict of law (divisions)
4. legal philosophy (divisions)
 as you can see public law has 5 main divisions and law of procedure have 3
subdivisions
 private law has 4 main division and law of patrimony has 3 subdivisions and under those
subdivisions. the law of succession has 2 further subdivision and law obligation have
3 further division.
Question 1
Two main divisions in our law can be described as:
a. criminal and civil law
b. constitutional and administrative law
c. legal philosophy and mercantile law
d. public and private law
Question 2
Which one of the following options is the odd one out? (Hint: look for an option that
is di erent in comparison to the other options provided)
a. international law
b. law of patrimony
c. administrative law
d. constitutional law
Question 3
Read the scenario and complete the sentence that follows by choosing
the correct option:
Thato and Mbali have been friends for many years. However, Thato has noticed.
Mbali9s behaviour changing towards her lately. One morning as Thato is scrolling
through Facebook, she notices that Mbali posted nasty, negative statements about
her which have no truth to them. The negative statements were made public by Mbali
and are now trending on social media. Thato is very upset and seeks legal advice from
you.
The above scenario will fall under the private law because&
a. the case will involve the state and an individual.
b. the interests of the whole community are involved.
c. Mbali has committed a criminal o ense against Thato.
d. individual interests are protected under the private law.
Question 4
Read the scenario in Question 3 and answer the following question:
Which division of the private law does the publication of defamatory statements
relate to?
a. law of personality
b. law of patrimony
c. law of persons
d. law of evidence
Question 5
Read the scenario and complete the sentence that follows by choosing
the correct option:
A prominent member of parliament has been exposed for his involvement in corrupt
activities where taxpayers9 money was allegedly used to conduct extensive
improvements to his private, residential townhouse in Sandton. You are part of an
activist organisation who provides legal advice to its members. The members as a
collective would like to take the Minister to court.
The scenario above describes a:
a. private law matter
b. public law matter
c. international law dispute
d. law of procedure dispute
Question 6
Read the scenario in Question 5 and the statement below, and answer the question that
follows; <The Judge found the Minister guilty of the unlawful act of corruption and
sentenced him to five (5) years in prison.= What division of the public law describes which
acts are considered crimes and what penalties should be imposed by the state for the
commission of crimes?
a. law of delict
b. administrative law
c. criminal law
Question 7
Mrs Mothibe takes great pride in her exotic flower collection which has grown in size and
monetary value over the years. She enters into a written contract with Superb Spraying
Specialists who agree to treat and water her exotic plants every month on a weekly basis.
One morning, Mrs Mothibe wakes up to find her entire collection of exotic plants dead in
her garden. She is furious and after her own investigation finds out that Superb Spraying
Specialists have been spraying her plants with a harmful pesticide instead of a plant
grower. Mrs Mothibe is adamant to sue the company and claim damages amounting to
millions of Rands. She turns to you for legal advice. Which main division of our law will be
applicable to this problem?
a. labour law
b. private law
c. public law
d. contract law
Question 8
Which division of your answer in Question 7 will be applicable?
a. law of persons
b. law of delict
c. law of patrimony
d. law of contract
Question 9
Which subdivision of your answer in Question 8 will be applicable?
a. law of testate succession
b. law of intestate succession
c. law of personality
d. law of obligations
Question 10
Read the scenario in Question 7 and answer the question that follows:
Which further two subdivisions to your answer in Question 9 will be applicable?
a. law of contract and law of delict
b. enrichment law and labour law
c. conflict of laws and contract law
d. legal philosophy and law of delict
UNIT 06 WHERE TO FIND THE LAW
Sources of law
 are the places where the law come from and where it can be found.
N; B SOUTH AFRICAN LAW IS NOT CODIFIED.
Kind of sources of south African law
 authoritative sources.
 Legislation/ statutes/ acts of parliament and the constitution
 Court decisions/ case law/ court cases/ judicial precedent.
 Common law
 Custom
 African customary law.
 persuasive sources.
 Other legal system
 Foreign law
 The view of modern legal writers.
JUDICIAL PRECEDENT
 It means that the lower courts are bound by the decision of the higher (superior) court.
Ther are two requirements for the operation of the precedent system.
 Hierarchy of courts
 E ective system of law reporting.
What is the meaning of?
 Ratio decidendi = reason for the courts ruling.

 Obiter dictum = a remark in passing.
Question 1
Which of the following is not true about <sources of law=?
a. Law originates or comes from sources of law.
b. Lawyers find answers to legal problems in sources of law.
c. Sources of law provide lawyers with authority for their arguments.
d. Sources of law divide law into fields to make it easier to understand.
Question 2
Indicate whether the following statement is true or false by choosing the correct option
below: <South African law is codified.=
a. True, because South African law is found in one source of law.
b. True, because South African law is found in di erent sources of law.
c. False, because South African law is found in one source of law.
d. False, because South African law is found in di erent sources of law.
Question 3
South Africa has two kinds of sources of law namely:
a. The Constitution and legislation
b. Case law and common law

c. Authoritative and persuasive sources
d. Common law and customary law
Question 4
Which of the following sources of law is the odd one out? (Hint: look for an option
that is di erent in comparison to the other options provided.)
a. case law
b. foreign law
c. common law
d. statutory law
Question 5
Which of the following sources of law will a lawyer use as a last resort to find the law on a
specific matter?
a. an act
b. a court decision
c. a legal textbook
d. a custom
Question 6
Which of the following statements about legislation is not correct?
a. Legislation is the most important primary source of law.
b. Legislation is also referred to as <statutes= or <statutory law=.
c. Legislation are rules laid down by the three levels of government.
d. Legislation is the only law that is subject to the Constitution of 1996.
Question 7
Complete the following sentence by choosing the correct option: The passing of acts is the
responsibility of&
a. the President.
b. parliament.
c. the courts.
d. judges.
Question 8
Complete the following sentence by choosing the correct option: Local levels of
government are responsible for the passing of&
a. statutes.
b. ordinances.
c. by-laws.
d. codes.
Question 9
Indicate whether the following statement is true or false by choosing the correct option
below: In every legal matter the Constitution of the Republic of South Africa, 1996 is the
first source of law that must be consulted.=
a. True, because the Constitution is the supreme law of South Africa and no other law
may be in conflict with it.
b. True, because the Constitution is the benchmark against which all other laws must
be tested for fairness.
c. False, because di erent types of scenarios will require the consultation of di erent
sources of law.
d. False, because the Constitution was not adopted through the usual parliamentary.
process.
Question 10
Mr and Mrs Lewis have been married for twenty years. For the past five years, they
have experienced marriage problems and have not really lived together as husband and
wife. Since they could not reconcile after several counselling sessions, they decided to
end their marriage. They approach you, a legal practitioner, to assist them in their divorce
case.
What is the first source of law that you will have to consult to assist them?
a. private law
b. family law
c. statutory law
d. case law
Question 11
Where in an act will you find the definitions of words as they are used in the act?
a. section 1
b. long title
c. short title
d. preamble
Question 12
In terms of section 2(1)(a) of the Choice on Termination of Pregnancy Act 92 of 1996, a

pregnant woman may, if she requests it, have her pregnancy terminated during the first 12
weeks of the gestation period of the pregnancy. Consider the reference section 2(1)(a) of
the Act. Indicate what the (1) in the reference refers to by choosing the correct option:
a. section
b. subsection
c. paragraph
d. subparagraph
Question 13
What are the two requirements for the operation of the system of judicial precedent in
South African law?
a. the facts of a case and the lawyers9 arguments put before court
b. the casual remarks and quoting of similar cases by a judge
c. a hierarchy of courts and an e ective system of law reporting
d. the legal rules relevant to a dispute and the reasons for the court9s decision.
Question 14
Consider the following case reference and complete the sentence by choosing the correct
option: In the case of S v Makwanyane and Another (CCT3/94) 1995 (3) SA 391 (CC), refers to
the year in which the &
a. case was heard for the first time.
b. court reserved judgment in the case.
c. court gave its final judgment.
d. case was reported in the Law Reports.
Question 15
Consider the following case reference and complete the sentence by choosing
the correct option: In Naude and Another v Fraser 1998 (4) SA 539 (SCA), Fraser is known as
the:
a. appellant
b. plainti
c. respondent
d. defendant
UNIT 07, THE CONSTITUTION AND YOU.
Explain the following concept.
1. Constitution – is usually a very long documents which sets out the structure and the
functions of government.
2. Rule of law – is the notion that the law applies to everyone equally.
3. Separation of power – is essential in democratic state, because if too much power is
concentrated in any one branch of the state, this may easily lead to abuse.
4. Transformative constitutionalism - means that the constitution drives the process of
social and economic transformation by making provision for measures to address the
injustice of the past.
5. Restorative justice – reconciliation rather than retribution (punishment), is the focus in
addressing the injustice of the past dispensations.
6. Ubuntu – is the African world-outlook that one only become complete when other are
appreciated, accommodated and respected.
A number of institutions supporting our democracy are:

 The public protector
 the human rights protection
 the auditor general
 the electoral commission
 the independent authority to regulate broadcasting.
 The commission for gender equality.
MCQ QUESTION OF UNIT 07.
Question 1
An <Anti-Vaccination= organisation is protesting the distribution of Covid-19 vaccines.
The police are called in several times to break up demonstrations by the group as they
became violent. The police eventually used rubber bullets to break up the protest actions.
Which branch of the state's power is applicable in this case?
a. Judicial authority
b. Legislative authority
c. Executive authority
d. Public Prosecutions
Question 2
Joseph Jones, an attorney, is convicted of fraud and sentenced to five years in prison.
Which branch of the state's power is applicable in this case?
a. Auditor-General
b. Judicial authority
c. Executive authority
d. Legislative authority
Question 3
Read the following statement and answer the question that follows:
<It is an African world-outlook that one only becomes complete when others are
appreciated, accommodated and respected. = What philosophical concept does the above
statement describe?
a. Ubuntu
b. Justice
c. Sovereignty
d. Constitutionalism
Question 4
Which one of the following statements regarding the spirit, aim and special features of
the Constitution of the Republic of South Africa, 1996 is correct?
a. Constitutionalism means that parliament is sovereign and that it makes any law.
b. The Constitutional Court is the only court that may hear constitutional matters.
c. The Constitution addresses social and economic injustices of the past.
d. The concept of ubuntu is explicitly mentioned in the final Constitution, 1996.
Question 5
Read the following statement and answer the question that follows:
<Reconciliation, rather than retribution (punishment), is the focus in addressing the
injustices of the past dispensation.= The above statement describes:
a. supremacy of the Constitution
b. separation of state powers
c. structure of the courts / judiciary
d. the theory of restorative justice
Question 6
Complete the sentence below by choosing the correct option:
____________________ is essential in a democratic state, because if too much
power is concentrated in any one branch of the state, this may easily lead to abuse.
a. Separation of powers
b. The structure of the judiciary
c. Constitutional supremacy
d. Constitutional sovereignty
Question 7
In which chapter of the Constitution of the Republic of South Africa, 1996 will you find
the Bill of Rights?
a. Chapter 1
b. Chapter 2
c. Chapter 3
d. Chapter 4
Question 8
The Kwa-Zulu Natal Parliament has published legislation in which it states that farmers
must renew their permits to sell farm feed every year, instead of every three years.
The farmers are very upset and regard this as an interference on their right to freedom
of trade. Which level of government is applicable in this scenario?
a. national level
b. provincial level
c. local level
d. executive level
Question 9
Which of the following options is NOT an example of a state institution supporting
democracy?
a. The South African Revenue Service
b. The Commission for Gender Equality
c. The Electoral Commission
d. The Auditor-General
Question 10
Which one of the following features does not relate to the Constitution of the Republic
of South Africa, 1996?

a. The Constitution provides for the separation of state powers.
b. The Constitution sets out the structure of the judiciary.
c. The Constitution contains a Bill of Rights in Chapter 2.
d. The Constitution provides for parliamentary sovereignty.
UNIT 08 THE BILL OF RIGHTS; WHAT ARE FUNDAMENTAL RIGHTS?
List of fundamental rights that are protected in the bill of rights.
Certainly! The Bill of Rights in the Constitution of the Republic of South Africa, 1996
enshrines fundamental rights and freedoms for all people in the country. Let’s explore some of
these rights:
1. Human Dignity: Every person has the right to dignity and respect.
2. Equality: Everyone is equal before the law and has the right to equal protection and
benefit of the law. This includes the full and equal enjoyment of all rights and freedoms.
3. Life: The right to life is protected.
4. Freedom and Security of the Person: Individuals have the right to freedom and
security, including protection against arbitrary detention or torture.
5. Privacy: The right to privacy is safeguarded.
6. Freedom of Religion, Belief, and Opinion: People have the right to practice their
religion, hold beliefs, and express their opinions freely.
7. Freedom of Expression: The right to freedom of speech and expression is upheld.
8. Assembly, Demonstration, Picket, and Petition: Citizens can assemble,
demonstrate, picket, and petition for their rights.
9. Freedom of Association: People can freely associate with others.
10. Political Rights: The right to participate in political activities and elections is
guaranteed.
11. Citizenship: The right to citizenship is protected.
12. Freedom of Movement and Residence: Individuals can move freely within the country
and choose where to reside.
13. Freedom of Trade, Occupation, and Profession: People have the right to pursue their
chosen trade, occupation, or profession.
14. Labour Relations: Workers’ rights, including the right to fair labour practices, are
safeguarded.
15. Environment: Everyone has the right to an environment that is not harmful to health or
well-being.
16. Property: The right to property ownership is recognized.
17. Housing: The state must take reasonable legislative and other measures to provide
access to adequate housing.
18. Health Care, Food, Water, and Social Security: The right to access essential services
is protected.
19. Children: Children have specific rights, including protection from maltreatment and
exploitation.
20. Education: The right to basic education is guaranteed.
21. Language and Culture: People have the right to use their language and participate in
cultural life.
22. Cultural, Religious, and Linguistic Communities: Communities have the right to
practice their culture, religion, and language.
23. Access to Information: Individuals have the right to access information held by the
state and private bodies.
24. Just Administrative Action: The right to fair and just administrative action is upheld.
25. Access to Courts: Everyone has the right to access courts for the resolution of
disputes.
26. Arrested, Detained, and Accused Persons: The rights of arrested, detained, and
accused persons are protected.
27. Limitation of Rights: While these rights are fundamental, they are subject to
limitations as specified in the Constitution1.
Fundamental rights are divided into three categories.
 First generation rights: they are blue rights. They are civil rights, procedural rights and
political rights > they protect the individual from the abuse of the state power.
e.g., rights to equality, rights to human dignity, rights to life, rights to freedom of
expression, rights to freedom and security.
 Second generation rights: it is called red rights because they are important during the
socialist revolutions> they relate to socio-economic issues e.g., right to education,
rights to access to health care and to sufficient food and water.
 Third – generation rights: they are called green rights, they have more to do with group
than individuals e.g., rights to clean or unpolluted air.
Application of bill of rights:
The fundamental rights in the bill of rights may either have vertical or horizontal
application.
 Vertical application: it applies between the state and the individual or a private
institution.
 horizontal application: it applies between the individual or a private institution.
MCQ QUESTION FOR UNIT 08.
Question 1
Which of the following statements regarding the nature of fundamental
rights is not correct?
a. Human dignity is the basis of every fundamental or human right.

b. Fundamental rights are natural rights because every person has it.
c. The state can never take fundamental rights away from a person.
d. Fundamental rights are a orded to those persons who qualify for it.
Question 2
Which of the following statements regarding the three categories of fundamental
rights are correct?
a. First-generation rights are civil rights that protect groups of people from the
state.
b. Second-generation rights are rights that relate to socio-economic issues.
c. Third-generation rights are known as blue rights, for example a right to life.
d. Red rights relate to environmental issues such as a right to unpolluted air.
Question 3
How many fundamental rights are protected in Chapter 2 of the Bill of Rights?
a. 15
b. 27
c. 30
d. 33
Question 4
Which section in the Bill of Rights deals with the right to property?
a. section 24
b. section 25
c. section 26
d. section 27
Question 5
What does section 34 of the bill of rights deal with?
a. Access to housing
b. Access to health care
c. Access to courts
d. Access to information.
Question 6
Sibusiso is employed as an estate agent at New Horizons Property Group (Pty) Ltd.
During a marketing campaign, Sibusiso overhears one of the company directors
along with some of his colleagues making derogatory remarks about Sibusiso9s
sexual orientation. Sibusiso is very upset by what he hears and approaches you for
legal advice.
Which specific fundamental right has been infringed in this scenario?
a. the right to a reputation

b. the right to personality
c. the right to a good name
d. the right to equality
Question 7
Colin Peters is arrested for selling drugs to school children in his neighbourhood.
During the interrogation process, Colin is tortured by the police in order to force him
to make a confession.
In this scenario two specific fundamental rights have been infringed. Indicate
the correct option:
a. the right to freedom of trade, occupation and profession and the right to privacy
b. the right to freedom of association and the right to freedom of movement and
residence
c. the right to freedom of belief and opinion and the right of access to information
d. the right to freedom and security of the person and the right of an arrested,
detained and accused person.
Question 8
Derek installs a generator on his residential property to use in the event of a power
outage. However, the generator emits excessive unclean fumes. Derek's neighbours
are becoming increasingly distressed by the unclean fumes that the generator is
emitting. Derek's neighbours decide to apply for a court order to prevent him from
operating his generator. Which specific fundamental right of the neighbours has Derek
potentially infringed in this scenario?
a. right to privacy
b. right to equality
c. right to property
d. right to environment
Question 9
operating his generator. To which category of fundamental rights does the neighbours9
fundamental right belong that Derek has potentially infringed?
a. first-generation rights
b. second-generation rights
c. third-generation rights
d. blue-generation rights
Question 10
operating his generator.
Which application of the Bill of Rights is involved in this scenario?
a. vertical application of the Bill of Rights

b horizontal application of the Bill of Rights
c. general application of the Bill of Rights
d. neutral application of the Bill of Rights
Question 11
Sheila9s 90-year-old mother slips and falls in her kitchen, sustaining severe injuries
to her back and right arm. Sheila rushes her mother to the closest governmental
hospital. However, Sheila and her mother are turned away at the entrance after a
member of sta informs them that the hospital does not treat the elderly.
Which category of fundamental rights is applicable in this scenario?
a. first-generation rights
b. second-generation rights
c. third-generation rights
d. green-generation rights
Question 12
The Western Cape Parliament has published legislation in which it states that fishers
must in future obtain a permit in order to sell fish to tourists on the beach. The fishers
are very upset and regard this as an infringement of their right to freedom of trade.
Which application of the Bill of Rights is involved in this scenario?
a. vertical application of the Bill of Rights

b horizontal application of the Bill of Rights
c. general application of the Bill of Rights
d. neutral application of the Bill of Rights
UNIT 09 LIMITATION OF YOUR FUNDAMENTAL RIGHTS.

WE HAVE LEARN MORE ABOUT FUNDAMENTAL RIGHTS IN UNIT 08
Question 1
Consider the following two statements:
(1) The state can never take a person9s fundamental rights away.
(2) The right to life may be suspended during a state of emergency.
a. (1) and (2) are correct.

b. (1) and (2) are incorrect.
c. (1) is correct; (2) is incorrect.
d. (1) is incorrect; (2) is correct.
Question 2
Katlego is a trader. He has a small stall in Johannesburg CBD from which he sells
household groceries to the community. A group of armed protestors are making their
way through the city and begin looting the shops in the area, including destroying half
of Katlego9s stock.
Which fundamental right(s) has/have been infringed in this scenario?
a. The protestors9 rights to assemble and demonstrate

b. Katlego9s right to freedom and security of the person
c. The protestors9 rights to freedom of movement
d. Katlego9s right to fair labour relations and practices
Question 3
John Small is in grade 8. One day in his mathematics class, John is battling to do one
of the calculations. In the presence of the other learners his teacher calls him a baboon
and tells him to write out the words: <I am dumb= ten times on the board. As a result of
this incident, John refuses to go back to school. His parents decide to speak to the
principal.
Which fundamental right has been infringed?
a. his right to physical integrity

b. right to his good name
c. his right to honour
d. his right to human dignity
Question 4
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 mentions that he is Jewish. When he hands in his application at the o ice
of Oxtron, the receptionist informs him that only Catholics can apply for the post and
because David is Jewish, his application will not be considered.
Which specific fundamental right has been infringed in this scenario?
a. The right to life

b. The right to equality
c. The right to trade
d. The right to labour
Question 5
Indicate whether the following statement is true or false:
> The kind of application of the Bill of Rights between the state and an individual is
known as the horizontal application of the Bill of Rights. =
a. True
b. False
Question 6
Consider the following two statements:
(1) The Bill of Rights is the cornerstone of democracy in South Africa and no right in
the Bill of Rights may be limited.
(2) In terms of the supremacy of the Constitution, even the President of South Africa
is subject to the provisions of the Constitution.
Which option is correct?
a. (1) and (2) are correct.

b. (1) and (2) are incorrect.
c. (1) is correct; (2) is incorrect.
d. (1) is incorrect; (2) is correct.
Question 7
In terms of section 36 of the Constitution the court will take certain factors into account
in order to determine whether a limitation is justifiable.
Which of the following is NOT a factor that the court will consider?
a. nature of the right

b. purpose of the right
c. nature and extent of the limitation
d. importance of the purpose of the limitation
Question 8
Read the following scenario and indicate the correct statement:
After COVID-19 swept through the country, causing thousands of deaths and
stretching state resources beyond their capacities, a state of emergency was declared
by parliament. However, communities were concerned by the way in which residents
were being treated by the South African police services and the military. Incidents of
residents being harassed and mistreated started coming to light. The Concerned Lawyers
Association is tasked with investigating the extent to which fundamental rights may be
limited during a state of emergency.
a. Even during a state of emergency, a person may not be tortured.

b. During a state of emergency, the right to life is temporarily suspended.
c. Detainees may be tortured if they refuse to answer questions.
d. The Bill of Rights is suspended entirely during a state of emergency.
Question 9
Consider the following statement:
< Certain fundamental rights may not be placed in an inferior position or infringed or
suspended in any way.=
Choose the correct option below:
a. The right to equality is protected entirely.

b. The right to life is not protected entirely.
c. The right to human dignity is protected entirely.
d. The rights of arrested persons are protected entirely.
Question 10
Which one of the following statements regarding fundamental rights is incorrect?
a. Fundamental rights may be limited as a result of internal limitations of specific

fundamental rights.
b. When fundamental rights are in conflict with one another, it is usually the courts that
decide which right is limited.
c. Fundamental rights may only be limited or suspended for a period of time when the
state declares a state of emergency.
d. Fundamental rights may be limited in terms of section 36 of the Bill of Rights
otherwise known as the limitation9s clause.
UNIT 10 THE INFLUENCE ON THE CONSTITUTION ON SOUTHE AFRICAN LAW.
FOR MORE INFORMATION GO TO UNIT 10 ON YOUR STUDY GUIDE ILW1501.

Question 1
Which of the following courts in South Africa may declare law
unconstitutional?
a. High Courts
b. The Supreme Court of Appeal
c. The Constitutional Court
d. All superior courts
Question 2
Once law has been declared unconstitutional by a court of law, who must
confirm the unconstitutionality of the specific law before it has legal force?
a. President
b. Parliament
c. Constitutional Court
d. Public Protector
Question 3
Whose task is it to amend or abolish law that is in conflict with the provisions of the
Constitution?
a. President
b. Parliament
d. Public Protector
Question 4
Read the following scenario and answer Questions 4 and 5:
Two men have been murdered in a drive-by shooting in Mitchells Plain, Cape Town,
in what is believed to be a gang hit. The suspects fled the scene but were later arrested
and charged with murder. Police confirmed that the accused, Gerwin Morris and
Warren Davies, are members of the Junky Funky gang, one of the notorious gangs on
the Cape Flats. Since they fled the scene of the crime, they were denied bail. You are
their attorney and must answer several questions asked by their family members.
Gerwin9s grandmother is heart-broken and wants to know whether her grandson will
be punished with the death penalty. You comfort her by telling her that the death
penalty no longer exists in South Africa.
Which sources of South African law will you use to prove to Gerwin9s grandmother
that the death penalty is an unconstitutional form of punishment in terms of
South African law?
a. legislation and case law
b. criminal law and case law
c. constitutional and criminal law
d. common law and case law
Question 5
To which kind of sources of law do the two sources in Question 4 belong?
a. first-generation sources of law

b. secondary sources of law
c. persuasive sources of law
d. authoritative sources of law
Question 6
In the case of S v Makwanyane and Another (CCT 3/94) 1995 (3) SA 391 (CC) the
Constitutional Court decided that the death penalty is an infringement of the
fundamental rights to&
a. life and human dignity.

b. freedom of belief and opinion.
c. physical and bodily integrity.
d. freedom and security of the person.
Question 7:
From the options below, which case declared section 18(4)(d) of the Child Care
Act 74 of 1983 unconstitutional?
a. S v Makwanyane and Another (CCT/3/94) 1995 (3) SA 391 (CC)

b. Fraser v Children9s Court, Pretoria North and Others 1997 (2) SA 261 (CC)
c. Minister of Home A airs and Another v Fourie and Another (CCT 60/04) [2005]
ZACC 19
d. Richter v Minister of Home A airs and Others (CCT03/09, CCT 09/09) [2009] ZACC
3
Question 8
In the case of Richter v Minister of Home A airs and Others, the Pretoria High Court
found certain sections of the Electoral Act 73 of 1998 to be unconstitutional on grounds
of the fundamental rights&
a. to freedom of movement and residence.

b. to vote and equal treatment.
c. to citizenship and equality.
d. to freedom of belief and opinion.
Question 9
Read the following statement and answer the question that follows by choosing
the correct option:
In the case of Minister of Home A airs and Another v Fourie and Another, the
Constitutional Court found the definition of marriage to be unconstitutional on grounds
of the fundamental rights to equality and human dignity.
On which division of South African private law did the Constitution have an
influence in the case of Minister of Home A airs and Another v Fourie and Another?
a. law of persons
b. family law
c. law of civil unions
Question 10
Read the following statement and answer the question that follows by choosing
the correct option:
In the case of Minister of Home A airs and Another v Fourie and Another, a same-sex
couple contended the common-law definition of marriage and approached the
Constitutional Court for an order that the Minister of Home A airs and the Director-
General register their marriage in terms of the Marriage Act 25 of 1961.
Which application of the Bill of Rights does the case of Minister of Home A airs
and Another v Fourie and Another involve?
a. fair
b. unfair
c. horizontal
d. vertical
UNIT 11 MCQ QUESTIONS (THE LEGAL PROFESSION)
Question 1
In a criminal case before the Magistrate9s Court, who receives the evidence
collected by the investigating o icer and decides whether or not the suspect
should be charged?
a. a judge or magistrate
b. a state advocate
c. a defence advocate
d. a public prosecutor
Question 2
Which one of the following statements regarding the Legal Practice Act 28 of
2014 is correct?
a. The Act does not apply to candidate attorneys, candidate advocates and
paralegals.
b. The purpose of the Act is to restrict entry into the legal professions of attorneys
and advocates.
c. In terms of the Act the Legal Practice Council regulates the a airs of legal
practitioners.
d. The Act grants attorneys the automatic right of appearance in all high courts.
Question 3
Which one of the following statements about presiding o icers is correct?
a. Judges are presiding o icers in the lower courts.

b. Judges are presiding o icers in the higher courts.
c. Magistrates are presiding o icers in the higher courts.
d. Judges and Magistrates may preside in any court.
Question 4
Jimmy has been implicated in illegally growing and selling marijuana/dagga from his
home. The police have come to investigate the matter and present him with a legal
document, authorising them to search his home.
What legal document would the police have presented to Jimmy in order to search
his home?
a. a search warrant
b. a court summons
c. a charge sheet
d. a notice of motion
Question 5
There are di erent role players involved in court processes. Indicate
the correct statement:
a. The Sheri is an impartial and independent o icial appointed only in higher courts.
b. The Registrar of the High Court serves summonses on people to appear in court.
c. The Clerk of the Court supervises the administration of the High Court.
d. A court interpreter makes sure all parties understand legal proceedings in a
language of their choice.
Question 6
State advocates are also known as:
a. public prosecutors
b. private legal practitioners
c. public legal practitioners
d. presiding o icers
Question 7
Attorneys and advocates are referred to as private legal practitioners because they:
a. act on behalf of the state

b. practise for their own accounts
c. perform similar functions in court
d. train candidate attorneys and pupils
Question 8
There are di erent types of legal practitioners recognised in South Africa. Choose
the incorrect statement:
a. Legal practitioner refers to an advocate or an attorney admitted to the High Court

and enrolled on the Role of Legal Practitioners by the Legal Practice Council.
b. Candidate legal practitioner refers to a person undergoing practical vocational
training either as a candidate attorney or as a pupil.
c. Practical vocational training means training required in terms of the
Legal Practice Act to qualify as a candidate attorney or pupil.
d. Candidate attorney means a person who has completed practical vocational
training and who has been admitted as an attorney by the High Court.
Question 9
The Legal Practice Act 28 of 2014 has brought about changes to the legal profession.
Choose the incorrect statement:
a. The Legal Practice Act abolished the Law Society of South Africa and the General
Council of the Bar of South Africa as associations that used to regulate the a airs of
attorneys and advocates.
b. The South African Legal Practice Council is a single statutory body that regulates
the a airs of all legal practitioners (attorneys and advocates) and candidate legal
practitioners.
c. <Practical vocational training= is a new concept. Prior to the Legal Practice Act, the
concept <articles of clerkship= was used in the case of attorneys and <pupillage= in the
case of advocates.
d. The mandate of the Legal Practice Council includes to establish provincial councils,
delegate some if its powers to the provincial councils and set norms and standards for
legal practitioners.
Question 10
All legal practitioners are expected to act ethically. Choose the correct statement:
a. Most legal professionals are subject to a high duty of care as the legal profession
functions as a service system to private entities only.
b. A Code of Conduct sets out rules and standards relating to ethics, conduct and
practice for legal practitioners and juristic entities.
c. Unethical conduct by legal professionals or abuse of their positions is not considered
to be a serious o ence.
d. Should a legal practitioner be found guilty of unethical behaviour, this is easily
remedied and limited to payment of a fine.
UNIT 12 MCQ QUESTIONS DIFFERENT LEGAL DISPUTES
Question 1
Which of the following statements about a civil dispute is incorrect?
a. A civil dispute is a private-law matter between individuals.

b. A civil dispute is a public-law matter in which the state is involved.
c. One party to a civil dispute may decide to institute a claim.
d. The other party to a civil dispute may decide to defend the claim.
Question 2
Who are the parties to a civil case in a magistrate9s court?
a. plainti and the defendant

b. state and the appellant
c. plainti and the respondent
d. applicant and the complainant
Question 3
Which two types of civil proceedings can legal practitioners use to institute civil
cases?
a. appeal and review proceedings

b. action and defence proceedings
c. action and application proceedings
d. summons and trial proceedings
Question 4
The following statements reflect the di erence between action and application
proceedings. Which statement is incorrect?
a. In action proceedings there are fundamental di erences between the parties with
regards to the facts of the case whereas in application proceedings the only real issues
to be decided are the points of law.
b. Action proceedings are instituted by the plainti by way of summons whereas
application proceedings are instituted by the applicant by way of a notice of motion.
c. In action proceedings the reason for instituting the action can be a delict, a contract,
or a divorce whereas in application proceedings the reason for the application can be
a form of relief or a court order.
d. There are two types of action proceedings, namely actions with notice of motion
or ex parte notice of motion actions whereas there is only one type of application
proceeding.
Question 5
Which of the following documents does not form part of the action proceedings?
a. a summons
b. particulars of claims
c. a notice of motion
d. an a idavit
Question 6
What is the outcome of a criminal case?
a. The court must allow or dismiss the action instituted.

b. The court must find the accused guilty or not guilty.
c. The court must grant a form of relief to a person.
d. The court must decide on the constitutionality of law.
Question 7
Who is the legal representative of an accused in a criminal case in a high court?
a. a judge
b. a paralegal
c. a candidate attorney
d. a legal practitioner
Question 8
Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy
repeatedly with a bottle of wine over the head. Mr Reddy sustains several injuries and
opens a case of assault against Mr Pilllay.
Which legal dispute/disputes may arise from this incident?
a. A civil case can be instituted against Mr Pillay.

b. A criminal case can be instituted against Mr Pillay.
c. Both a criminal and a civil case may be instituted against Mr Pillay.
d. Neither a criminal nor a civil case can be instituted against Mr Pillay.
Question 9
opens a case of assault against Mr Pilllay.
What will the name of the civil case against Mr Pillay be?
a. Reddy v Pillay
b. S v Pillay
c. Pillay v S
d. Pillay v Reddy
Question 10
repeatedly with a bottle of wine over the head. Mr Reddy sustains several injuries
and opens a case of assault against Mr Pilllay.
What will the name of the criminal case against Mr Pillay be?
a. Reddy v Pillay
b. S v Pillay
c. Pillay v S
d. Pillay v Reddy
Question 11
opens a case of assault against Mr Pillay. The police investigated the matter, drafted
a charge sheet, and now requires Mr Pillay to appear in the magistrate9s court.
Which method will be used to assure the attendance of Mr Pillay in
the magistrate9s court?
a. arrest
b. summons
c. written notice by police
d. indictment
Question 12
In a criminal case the trial on the merits of the case consists of the following:
a. committing and reporting of a crime; investigation by police; decision to prosecute;
first appearance in court
b. arrest; summons; written notice issued by peace o icer; notice of trial; indictment.
c. state9s charges against accused; accused9s plea; state and accused state their
cases; judgment
d. sentence; reason for sentence; execution of sentence follows; possibility of appeal
and review
Question 13
Which one of the following statements is correct regarding the onus of proof in a
court case?
a. In a civil case the plainti must prove his case beyond a reasonable doubt.
b. In a criminal case the state must prove its case on a balance of probabilities.
c. In a criminal and civil case, the onus rests with an individual to prove his case.
d. The onus of proof in a civil case is not quite as heavy as in a criminal case.
Question 14
What is the purpose of a constitutional matter?
a. to prosecute and punish someone for a crime and in doing so protecting the
community as a whole
b. to grant a remedy to a person in order to institute a claim for performance such as
the payment for damages
c. to deal with any issue involving the interpretation, protection or enforcement of the
Constitution
d. to hear a case where there are no fundamental di erences between the parties
regarding the facts of the case
Question 15:
Katlego is a trader. He has a small stall in Johannesburg CBD from which he sells
household groceries to the community. A group of armed protestors are making their
way through the city and begin looting the shops in the area, including destroying half
of Katlego9s stock.
Which legal disputes may arise from this incident?
a. civil and criminal

b. criminal and constitutional
c. civil and constitutional
d. civil, criminal and constitutional
UNIT 12 PART 2.
Question 1
Which court in South Africa is the highest court in all legal matters?
a. Magistrate9s Court
b. North Gauteng High Court
c. Supreme Court of Appeal
d. Constitutional Court
Question 2
Which one of the following statements regarding the Constitutional
Court is incorrect?
a. The Constitutional Court may only hear constitutional matters and is the highest
court of appeal in these matters.
b. The decisions of the Constitutional Court are final and bind all courts within the
hierarchy of courts.
c. Direct access to the Constitutional Court is possible if the application is in the
interests of justice.
d. The Constitutional Court can function as a court of first instance or as a court of
appeal.
Question 3
statements regarding the Supreme Court of Appeal is incorrect? Which one of the
following
a. The abbreviation used for the Supreme Court of Appeal in a case reference or case
citation is <SCA=.
b. The Supreme Court of appeal may decide civil, criminal and constitutional matters
on appeal.
c. The Supreme Court of Appeal only functions as a court of appeal and never as a
court of first instance.
d. The Supreme Court of Appeal hears appeals from the High Courts and the
Constitutional Court.
Question 4
Which one of the following statements regarding the High Court is incorrect?
a. Each High Court in South Africa has jurisdiction to hear cases within a specific
provincial area and not within the whole of South Africa.
b. The High Court only functions as a court of appeal and a court of review
and never as a court of first instance.
c. As a court of appeal, the High Court hears appeals from district courts and regional
courts.
d. The High Court may hear civil cases in which substantial amounts of damages are
claimed.
Question 5
Which one of the following indicate the two types of magistrates9 courts?
a. lower courts and higher courts

b. civil courts and criminal courts
c. district courts and regional courts
d. courts of appeal and superior courts
Question 6
The jurisdiction of district courts and regional courts to hear legal disputes
di er. Which onr of the following statements regarding the jurisdiction of these
courts are correct?
a. District courts may hear minor criminal o ences whereas regional courts may hear
any criminal o ences.
b. District and regional courts impose the same sentences and fines in hearing a
criminal case.
c. The amount claimed for damages in a in a district court in a civil case is smaller
than in a regional court.
d. A district court may not decide on the constitutionality of legislation whereas a
regional court may.
Question 7
Which court is the odd one out? (Hint: look for an option that is di erent in comparison to
the other options provided?
a. Equality Court
b. Children9s Court
d. Maintenance Court
Question 8
Which one of the following statements regarding special courts is incorrect?
a. Special courts are established and recognised in terms of an Act of Parliament for
specialised litigation.
b. Some special courts have the same status as the magistrate9s court whereas other
special courts have the same status as the High Court.
c. Special courts may only hear civil matters as determined by an Act of Parliament.
d. The Chiefs9 and Headmen9s Court, Equality Court and Land Claims Court
are special courts.
Question 9
Anne Peterson buys a house from Kevin Smith. In one of the rooms a very expensive
bar unit is fixed to the floor and in front of this unit there are four loose bar stools
handmade by a friend. Kevin wants to take the bar stools with him when he moves out
of the house. Anne, who is an attorney, tells Kevin that in a similar case (Senekal v
Roodt 1983 (2) SA 602 (T)), the High Court decided that the bar stools formed part of
the bar unit and may not be removed by the seller when the house is sold.
On which court/courts is the decision of the High Court in Senekal v Roodt 1983
(2) SA 602 (T) binding?
a. Constitutional Court
b. Supreme Court of Appeal
c. Magistrates9 Courts
d. Small Claims Court
Question 10
Mr Pillay and Mr Reddy are involved in a heated argument in front of a few bystanders.
Mr Pillay who had a few glasses of wine too many hits Mr Reddy repeatedly with a
bottle of wine over the head. Mr Reddy sustains severe head injuries and is admitted
to hospital. The police investigated the matter, drafted a charge sheet, and require Mr
Pillay to appear in the magistrate9s court. After Mr Reddy has been discharged from
hospital, he wants to claim damages from Mr Pillay for his hospital costs of R600 000.
Which court can Mr Reddy approach to institute his claim of R600 000 for
hospital costs?
a. Supreme Court of Appeal

b. High Court
c. Regional Court
d. District Court
Question 11
Read the scenario of Question 10 again and answer the following question:
If Mr Reddy is not satisfied with the decision of the court which he approached in
Question 10, which court can Mr Reddy approach next?
a. Constitutional Court
b. Supreme Court of Appeal
c. High Court
d. Regional Court
Question 12
Read the scenario of Question 10 again and answer the following question:
If Mr Reddy is not satisfied with the decision of the court which he approached in
Question 10, what legal remedy does Mr Reddy have at his disposal?
a. appeal
b. review
c. interdict
d. indictment
Question 13
Which one of the following is not a ground upon which court proceedings of lower
courts may be reviewed by higher courts?
a. absence of court9s jurisdiction

b. gross irregularities in procedure
c. error in court9s decision
d. corruption of presiding o icer
Question 14
Mr Pillay and Mr Reddy are involved in a heated argument in front of a few bystanders.
Mr Pillay who had a few glasses of wine too many hits Mr Reddy repeatedly with a
bottle of wine over the head. Mr Reddy sustains severe head injuries and is admitted
to hospital. The police investigated the matter, drafted a charge sheet, and requires
Mr Pillay to appear in the magistrate9s court. After Mr Reddy has been discharged from
hospital, he wants to claim damages from Mr Pillay for his hospital costs of R600 000.
What kind of evidence is least likely to be used in the criminal trial against Mr
Pillay?
a. real evidence
b. documentary evidence
c. electronic evidence
d. oral evidence
Question 15
Which one of the following statements regarding evidence presented to court in a
trial is incorrect?
a. Evidence in a trial can be any information, item, document, or testimony by a witness

that is presented to court to assist the court in its decision making.
b. Evidence that is allowed in a trial to assist the court to come to a decision is known
as inadmissible evidence.
c. The law of evidence is a subdivision of the law of procedure which is a division of
the main division of public law.
d. Written documentation presented to court as evidence, for example books, is
documentary evidence.
DONE :
GOOD LUCK WITH YOUR EXAM

Ilw1501 Exam Preparation 2024

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ILW1501 EXAM PREPARATION FOR 2024 BY SW

Description of a norm or normative system.

 Is a standard of human conduct or rule of human behaviour.

Four normative systems.

The characteristics of law

 Law governs human behaviour/conduct.

The question of justice

The requirement to achieve formal justice.

MCQ QUESTION OF UNIT 01

(a) rules that determine the play of sport.

(a) payment of private school fees

(a) Formal law determines the meaning of legal rules.

(a) Explicit legal rules must be laid down.

(a) concerns the way in which the legal rule is applied.

(a) punishment by a state organ

UNIT 02. LAW AND RIGHTS.

Description of the term rights.

 The way people relate to object (things) and to one another.

 A relationship between a legal subject and object of the rights.

Connection between law and rights.

MCQ QUESTION OF UNIT 02

Complete the following sentence by choosing the correct option:

A right refers to&

(a) a rule that regulates human behaviour within our society.

(c) anything that is of economic or sentimental value to a person.

(d) a rule that must be obeyed by all members of society.

of this dual relationship correctly:

(b) a relationship between a legal subject and a legal object

(d) a relationship between a legal subject and other legal subjects

(a) natural and juristic persons

(b) bearers of rights and duties

(c) persons who are subject to norms of the law

(d) persons who are not under control of the law

Which of the following is NOT a legal object?

(c) a good name

(d) a herd of cows

Which of the following options about ownership is correct?

(a) Ownership is a limited real right that cannot be limited.

(b) Ownership is a real right over movable or immovable property.

unpleasant for him, as he is an avid gardener.

Mr Khumalo9s right to his property called?

(b) personality property

(d) a creation of the human mind

What is Mr Masina9s right called?

(a) a personal right

(b) a right of servitude

(c) a right of way

(d) a right of ownership

Read the scenario and answer the question that follows:

law? Which rights are we referring to?

(a) intellectual property rights

(b) personality rights

(c) personal rights

(a) real right

(b) personal right

(c) immaterial right

(d) intellectual property right

Which option indicates an example of a personal right?

(a) right to your person

(b) right to your reputation

(c) right to your payment

(d) right to your honour

(a) a real right