LJU4802 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 17 April 2026

LJU4802 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 17 April 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... The duty of confidentiality comes to an end once the client/attorney relationship ends. True False In Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T) the court held that character screening violated the right to freely choose one’s profession. True False When considering whether to strike Mandela off the Roll, the court in Incorporated Law Society, Transvaal v Mandela 1954 (3) SA 102 (T) applied the character test and struck Mandela off the roll. the character test and did not strike Mandela off the roll. the duty to obey the law test and struck Mandela off the roll. the duty to obey the law test and did not strike Mandela off the roll. The South African legal system is currently based on:. Postmodern ethics.. Virtue ethics. Rule-based ethics. African communitarianism. he duty of confidentiality comes to an end once the client attorney relationship ends. True False Advocates practising without Fidelity Fund Certificates have a separate trust bank account. False True The ethical conduct of attorneys in South Africa is currently regulated by the Attorneys Act 53 of 1979 Legal Practice Act 28 of 2014 Supreme Court Act 59 of 1959 Admission of Advocates Act 74 of 1964 In Matthews v Cape Law Society 1956 1 SA 807 C the court applied the character approach adopted in the Mandela and Krause cases held that an officer of the court can contravene the law if the motive for doing so was political considered whether the motive for Matthews conduct was honourable considered whether Matthews conduct was consistent with the duty of an officer of the court to uphold the law The principle of privileged information does not apply where the client contemplates committing a crime. True False Advocates practising without Fidelity Fund Certificates accept briefs directly from clients are briefed by an attorney have a separate trust bank account must provide the client with a cost estimate When a morally good action is universalised to impose the duty on all people to do the same merely because it is their duty Kant calls this the hypothetical imperative virtue ethics feminist ethics the categorical imperative In Ex parte Moseneke 1979 4 SA 884 T the court found that Mosenekes character had not been reformed struck Moseneke off the Roll found Moseneke to be a fit and proper person for the legal profession found Moseneke guilty of sabotage In an adversarial system the judge applies the law objectively to the facts. False True In the Prince case the Constitutional Court followed the character approach the Supreme Court of Appeal followed the duty approach the Supreme Court of Appeal followed the character approach the Constitutional Court found Prince to be a fit and proper person Which one of the following is not a characteristic of the adversarial system The judge is an impartial referee The judge applies the law objectively to the facts Legal practitioners attempt to determine the true version of the facts There are two parties that face each other When someone chooses the legal profession as a career because of their commitment to the public good Kronman calls this public spiritedness deliberation intuition double relationship The duty of confidentiality applies even if the client admits to having committed a crime. True False Trust Account Advocates are not allowed to handle their clients money. False True In Law Society of the Transvaal v Machaka 1998 4 SA 413 T the court held that character screening violated the right to freely choose ones profession. True False In Society of Advocates of SA Witwatersrand Division v Fischer 1966 1 SA 133 T the court applied the duty approach followed in the Matthews case and struck Fischer off the Roll applied the duty approach followed in the Mandela case and struck Fischer off the Roll applied the character approach followed in the Matthews case and struck Fischer off the Roll applied the character approach followed in the Mandela case and struck Fischer off the Roll Which of the following statements can best be associated with Feminist ethics A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become A case can be made that women bring with them a different approach to the practice of the law and therefore to ethics The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve Universal morality has come to an end Which of the following statements can best be associated with Utilitarianism A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become Universal morality has come to an end The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve A case can be made that women bring with them a different approach to the practice of the law and therefore to ethics The Legal Practice Council does not regulate the affairs of candidate legal practitioners only regulates the affairs of admitted advocates regulate the affairs of all legal practitioners only regulates the affairs of admitted attorneys Which of the following statements can best be associated with Virtue ethics A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become Universal morality has come to an end A case can be made that women bring with them a different approach to the practice of the law and therefore to ethics The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve Advocates practising without Fidelity Fund Certificates are briefed by an attorney. True False Which of the following statements can best be associated with Postmodern ethics? The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve. A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become. A case can be made that women bring with them a different approach to the practice of the law and, therefore, to ethics. Universal morality has come to an end. Which one of the philosophical approaches to ethics is characterised by the demise of the belief in the universal validity of a particular Western lifestyle or morality? Feminist ethics. Postmodernist ethics. Utilitarianism. African communitarianism. In Incorporated Law Society, Transvaal v Mandela 1954 (3) SA 102 (T) the court held that the fact that a person deliberately disobeyed the law does not necessarily disqualify him or her from being a legal practitioner. True False Which of the following is not a characteristic that distinguishes the legal profession from other jobs? Legal professionals have a commitment to serving the basic good of society. Legal professionals have relative autonomy in the execution of their duties. Legal professionals accept only the most profitable cases. Legal professionals have specialised intellectual knowledge and skills. When people ignore or downgrade an ethical rule, they act in accordance with Kant’s consequentialism. hypothetical imperative. categorical imperative. utilitarianism. The duty of confidentiality between an attorney and a client can be waived by the attorney. only applies to written communications. applies even if the client admits to having committed a crime. comes to an end once the client attorney relationship ends. In an adversarial system legal practitioners attempt to determine the true version of the facts. True False The South African legal system is currently based on Rule based ethics. African communitarianism. Virtue ethics. Postmodern ethics. In Incorporated Law Society, Transvaal v Mandela 1954 (3) SA 102 (T) the court held that since Mandela’s offence was of a personally disgraceful character, it rendered him unfit to be an attorney. False True In Incorporated Law Society, Transvaal v Mandela 1954 (3) SA 102 (T) the court held that the fact that a person deliberately disobeyed the law does not necessarily disqualify him or her from being a legal practitioner. True False The duty of confidentiality between an attorney and a client comes to an end once the client attorney relationship ends. only applies to written communications. applies even if the client admits to having committed a crime. can be waived by the attorney. Trust Account Advocates are not allowed to handle their client’s money. True False In Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T) the court held that character screening violated the right to freely choose one’s profession. True False Which of the following statements can best be associated with Utilitarianism? A case can be made that women bring with them a different approach to the practice of the law and, therefore, to ethics. The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve. Universal morality has come to an end. A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become. Which of the following is not a characteristic that distinguishes the legal profession from other jobs? Legal professionals have a commitment to serving the basic good of society. Legal professionals accept only the most profitable cases. Legal professionals have specialised intellectual knowledge and skills. Legal professionals have relative autonomy in the execution of their duties. When people ignore or downgrade an ethical rule, they act in accordance with Kant’s hypothetical imperative. consequentialism. categorical imperative. utilitarianism. Which of the following statements can best be associated with Virtue ethics? A case can be made that women bring with them a different approach to the practice of the law and, therefore, to ethics. The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve. Universal morality has come to an end. A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become. In an adversarial system legal practitioners attempt to determine the true version of the facts. True False In Ex parte Moseneke 1979 (4) SA 884 (T) the court found Moseneke to be a fit and proper person for the legal profession. struck Moseneke off the Role. found Moseneke guilty of sabotage. found that Moseneke’s character had not been reformed. Which one of the following does NOT refer to legal ethics in a narrow sense? ethical standards of professional conduct the relationship between law and ethics the professional conduct of legal professionals none of the above In which case did the court hold that character screening prevented the right to freely choose one’s profession from being abused by criminally minded legal professionals? Kaplan v Incorporated Law Society, Transvaal (2) SA 762 (TPD) 1981 Prokureursorde van Transvaal v Kleynhans 1995 (1) SA 839 (T) Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T) Rosemann v General Council of the Bar South Africa 2004 (1) SA 568 (SCA) Which of the following statements can best be associated with Virtue ethics? A case can be made that women bring with them a different approach to the practice of the law and therefore to ethics The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve Universal morality has come to an end A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become The duty of confidentiality applies even if the client admits to having committed a crime True False The principle of privileged information does not apply where the client contemplates committing a crime True False When lawyers expect more of themselves and their colleagues than merely abiding by professional rules out of fear of punishment they act in accordance with Kant’s hypothetical imperative consequentialism categorical imperative virtue ethics Advocates practising without Fidelity Fund Certificates are briefed by an attorney True False Which one of the following is NOT a characteristic of the adversarial system? There are two parties that face each other The judge is an impartial referee Legal practitioners attempt to determine the true version of the facts The judge applies the law objectively to the facts The Legal Practice Council only regulates the affairs of admitted attorneys only regulates the affairs of admitted advocates regulate the affairs of all legal practitioners does not regulate the affairs of candidate legal practitioners In Natal Law Society v Maqubela 1986 (3) SA 51 (N) the court considered the political offence exception in the Krause and Mandela cases held that the political offence committed disqualified Maqubela from practising as an attorney held that the inherent character of the offence was not morally reprehensible found Maqubela to be a fit and proper person to practice law The South African legal system is currently based on Rule based ethics Virtue ethics Postmodern ethics African communitarianism In Law Society of the Transvaal v Machaka 1998 4 SA 413 T the court held that membership of the legal profession should not be subjected to character screening of the person involved True False In Society of Advocates of SA Witwatersrand Division v Fischer 1966 1 SA 133 T the court Applied the character approach followed in the Matthews case and struck Fischer off the roll Applied the character approach followed in the Mandela case and struck Fischer off the roll Applied the duty approach as followed in the Mandela case and struck Fischer off the roll Applied the duty test followed in the Matthews case and struck Fischer off the roll Which of the following statements can best be associated with Utilitarianism A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve A case can be made that women bring with them a different approach to the practice of the law and therefore to ethics Universal morality has come to an end Trust account advocates may use the money in their trust account as their own assets False True In Natal Law Society v Maqubela 1986 3 SA 51 N the court Found Maqubela to be a fit and proper person to practice law Held that the political offence committed disqualified Maqubela from practising as an attorney Held that the inherent character of the offence was not morally reprehensible Recognised the political offence exception in the Krause and Mandela cases When lawyers expect more of themselves and their colleagues than merely abiding by professional rules out of fear of punishment they act in accordance with Kant’s A hypothetical imperative Consequentialism Virtue ethics Categorical imperative The principle of privileged information does not apply to communications between friends False True In an adversarial system the judge applies the law objectively to the facts True False The duty of confidentiality between an attorney and a client Only applies to written communications Applies even if the client admits to having committed a crime Comes to an end once the client attorney relationship ends Can be waived by the attorney In the Prince case The Constitutional Court followed the character approach The Constitutional Court found Prince to be a fit and proper person The Supreme Court of Appeal followed the duty approach The Supreme Court of Appeal followed the character approach In Matthews v Cape Law Society 1956 1 SA 807 C the court Considered whether the motive for Matthews conduct was honourable Held that an officer of the court can contravene the law if the motive for doing so was political Applied the character approach adopted in the Mandela and Krause cases Considered whether Matthews conduct was consistent with the duty of an officer of the court to uphold the law The Legal Practice Council Regulate the affairs of all legal practitioners Does not regulate the affairs of candidate legal practitioners Only regulates the affairs of admitted attorneys Only regulates the affairs of admitted advocates The duty of confidentiality between an attorney and a client Only applies to written communications Can be waived by the attorney Applies even if the client admits to having committed a crime Comes to an end once the client attorney relationship ends When lawyers expect more of themselves and their colleagues than merely abiding by professional rules out of fear of punishment they act in accordance with Kant’s Consequentialism Virtue ethics Categorical imperative Hypothetical imperative Which one of the following is not a characteristic of the adversarial system Legal practitioners attempt to determine the true version of the facts There are two parties that face each other The judge applies the law objectively to the facts The judge is an impartial referee Advocates practising without Fidelity Fund Certificates have a separate trust bank account False True In Incorporated Law Society Transvaal v Mandela 1954 3 SA 102 T the court held that since Mandela’s offence was of a personally disgraceful character it rendered him unfit to be an attorney False True The principle of privileged information does not apply to communications between friends True False Advocates practising without Fidelity Fund Certificates are briefed by an attorney True False The South African legal system is currently based on Rule based ethics Virtue ethics Postmodern ethics African communitarianism In Law Society of the Transvaal v Machaka 1998 4 SA 413 T the court held that membership of the legal profession should not be subjected to character screening of the person involved True False In Society of Advocates of SA Witwatersrand Division v Fischer 1966 1 SA 133 T the court Applied the character approach followed in the Matthews case and struck Fischer off the roll Applied the character approach followed in the Mandela case and struck Fischer off the roll Applied the duty approach as followed in the Mandela case and struck Fischer off the roll Applied the duty test followed in the Matthews case and struck Fischer off the roll Which of the following statements can best be associated with Utilitarianism A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve A case can be made that women bring with them a different approach to the practice of the law and therefore to ethics Universal morality has come to an end Trust account advocates may use the money in their trust account as their own assets False True In Natal Law Society v Maqubela 1986 3 SA 51 N the court Found Maqubela to be a fit and proper person to practice law Held that the political offence committed disqualified Maqubela from practising as an attorney Held that the inherent character of the offence was not morally reprehensible Recognised the political offence exception in the Krause and Mandela cases When lawyers expect more of themselves and their colleagues than merely abiding by professional rules out of fear of punishment they act in accordance with Kant’s A hypothetical imperative Consequentialism Virtue ethics Categorical imperative The principle of privileged information does not apply to communications between friends False True In an adversarial system the judge applies the law objectively to the facts True False The duty of confidentiality between an attorney and a client Only applies to written communications Applies even if the client admits to having committed a crime Comes to an end once the client attorney relationship ends Can be waived by the attorney1.The duty of confidentiality comes to an end once the client/attorney relationship ends. a. True b. False 2. In Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T) the court held that character screening violated the right to freely choose one’s profession. a. True b. False 3. When considering whether to strike Mandela off the Roll, the court in Incorporated Law Society, Transvaal v Mandela 1954 (3) SA 102 (T) applied a. the character test and struck Mandela off the roll. b. the character test and did not strike Mandela off the roll. c. the duty to obey the law test and struck Mandela off the roll. d. the duty to obey the law test and did not strike Mandela off the roll. 4. The South African legal system is currently based on: a. Postmodern ethics. b. Virtue ethics. c. Rule-based ethics. d. African communitarianism. 5. In the Prince case a. the Supreme Court of Appeal followed the character approach. b. the Supreme Court of Appeal followed the duty approach. c. the Constitutional Court found Prince to be a fit and proper person. d. the Constitutional Court followed the character approach. 6. Which of the following statements can best be associated with Feminist ethics? a. A case can be made that women bring with them a different approach to the practice of the law and, therefore, to ethics. b. The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve. Downloaded by Edge Tutor () lOMoARcPSD| c. Universal morality has come to an end. d. A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become. 7. In Incorporated Law Society, Transvaal v Mandela 1954 (3) SA 102 (T) the court held that since Mandela’s offence was of a personally disgraceful character, it rendered him unfit to be an attorney. a. True b. False 8. Which of the following statements can best be associated with Postmodern ethics? a. A case can be made that women bring with them a different approach to the practice of the law and, therefore, to ethics. b. The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve. c. Universal morality has come to an end. d. A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become. 9. The principle of privileged information does not apply where the client contemplates committing a crime. a. True b. False 10. The duty of confidentiality applies even if the client admits to having committed a crime. a. True b. False 11. When someone chooses the legal profession as a career because of their commitment to the public good, Kronman calls this a. intuition. b. deliberation. c. public spiritedness. d. double relationship. Downloaded by Edge Tutor () lOMoARcPSD| 12. Which of the following is NOT a characteristic that distinguishes the legal profession from other jobs? a. Legal professionals have a commitment to serving the basic good of society. b. Legal professionals accept only the most profitable cases. c. Legal professionals have specialised intellectual knowledge and skills. d. Legal professionals have relative autonomy in the execution of their duties. 13. Advocates practising without Fidelity Fund Certificates have a separate trust bank account. a. True b. False 14. Advocates practising without Fidelity Fund Certificates a. have a separate trust bank account. b. accept briefs directly from clients. c. are briefed by an attorney. d. must provide the client with a cost estimate. 15. In Matthews v Cape Law Society 1956 (1) SA 807 (C) the court a. applied the character approach adopted in the Mandela and Krause cases. b. held that an officer of the court can contravene the law if the motive for doing so was political. c. considered whether the motive for Matthew’s conduct was honourable. d. considered whether Matthew’s conduct was consistent with the duty of an officer of the court to uphold the law. 16. Which of the following statements can best be associated with Virtue ethics? a. A case can be made that women bring with them a different approach to the practice of the law and, therefore, to ethics. b. The only thing that is relevant in determining whether or not an action is right or wrong is the purpose which the action is intended to achieve. c. Universal morality has come to an end. d. A life in the law is valuable not because of money or status but because of the unique type of person or character it allows the lawyer to become. 17. Immanuel Kant was a proponent of: a. Utilitarianism Downloaded by Edge Tutor () lOMoARcPSD| b. Rule-governed ethics c. Virtue ethics d. Feminist ethics 18. Trust Account Advocates may use the money in their trust account as their own assets. a. True b. False 19. Trust Account Advocates a. are briefed by an attorney. b. accept briefs directly from clients. c. may use the money in their trust accounts as their own assets. d. may only accept fees through an attorney. 20. Which one of the following does NOT refer to legal ethics in a narrow sense? a. ethical standards of professional conduct. b. the relationship between law and ethics. c. the professional conduct of legal professionals. d. none of the above.