Summary IND2601 Exam Prep Assignments Sem2 latest update 2020

Assignments 1 & 2 (Q & A) Assignment 1 QUESTION 1 Indigenous African people observe legal rules and most rules for living, due to factors such as 1. Faithfulness to Christian values. 2. Fear of law-enforcing organs such as the police. 3. Public opinion and the fear of punishment. 4. The availability of courts and judges. QUESTION 2 Specialised and unspecialised systems are similar because 1. Emphasis falls strongly on the group. 2. The relations governed by law are the same. 3. Concrete evidence is very important. 4. Law originates with the ancestors. QUESTION 3 A customary marriage can only be dissolved 1. on the ground of the irretrievable breakdown of the marriage 2. by a family court, or a competent division of the High court or a divorce court, or an equality court by the death of one of the spouses 3. If the court is satisfied that one of the parties has committed adultery resulting to the birth of a child. QUESTION 4 The implications of section 1 of the Law of Evidence Amendment Act 45 of 1988 are that 1. Indigenous law must not be opposed to the principles of public policy or natural justice 2. It is necessary for judges or magistrates to have any formal or practical knowledge of, or training in, indigenous law 3. All courts must take judicial notice of indigenous law 4. Evidence about indigenous law must comply with common law principles. QUESTION 5 In customary law, succession 1. Takes place on the death of the principal wife. 2. Follows the principle of primogeniture. 3. Is a duty that cannot be relinquished or ceded. 4. Prevents a family head from transferring a younger son from one house to another house without a son during his lifetime. QUESTION 6 The betrothal agreement… 1. Is an enforceable contract in customary law. 2. Cannot be repudiated or terminated at any time. 3. Gives rise to a claim for breach of contract, in cases where it is terminated. 4. creates certain rights and duties for the parties involved. QUESTION 7 Family rank 1. Refers to the hierarchy of family members within the family group. 2. Relates to a person’s legal position within a nuclear family and to the hierarchy of the various houses that make up a household. 3. Is determined by a combination of factors such as class and wealth. 4. Is also determined by the rank of the father and the mother in a particular house. QUESTION 8 Which of the following statements apply to Lobolo? 1. It is a separate contract in a customary marriage. 2. It may be described as cattle or other property which, in consideration of an intended customary or civil marriage, the intended groom delivers to the bride’s family 3. It entitles a man to the child-bearing capacity of his wife after it has been paid to her family group 4. It may be delivered and transferred only during the bride’s lifetime.