ILW1501 EXAM PACK.

ILW1501 EXAM PACK. ILW1501 - Introduction To Law. the law: norms which the whole community regards as binding and must be obeyed whilst individual morality are norms or standards that every individual sets for himself.  The law: prosecution/punishment/compensation to an injured party whilst in individual morality sanction is self-imposed  The law: state organ is the enforcer whilst in individual morality it’s the individual. (b). i) There must be explicit rules. (ii) The rules must apply generally The rules must be applied impartially by a legal institution. (c) (i) Intellectual Property rights (ii) An individual as the holder of the right (legal subject) against the other legal subjects to a legal object e.g. artwork (an intellectual property right). (d). A personal right is a right to performance. Also called a claim. Example delivery, payment. A personality right means the right each one has to parts of his personality. Example physical integrity, reputation. e). Civil law family – Roman Law Common law legal family – Case law QUESTION 2 (a). (i) Private Law – Regulates relationships between individuals Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 4 (ii) Law of obligations. An obligation is a legal relationship between two (or more) parties in terms of which one party has a right against another party for performance and the other party has a corresponding duty to perform. (iii) Law of delict: Karel has a right to claim compensation. New Visions Kitchen probably have either to replace or pay Karel for the destroyed fish pond. (iv) Law of contract and unjustified enrichment. (b). Authoritative sources are sources which give authority or carry much weight to lawyers’ arguments. Examples of these sources are legislation, case law, common law, custom and African customary law. Persuasive sources carry less weight and can be used after the authoritative sources have given no answer required. These sources are persuasive in nature and he following are examples of them; foreign law, modern legal writers, textbooks, journals and obiter dictum. c). The second case by the S.C.A. The importance given to a particular precedent will be based on how senior the court is which handed down the decision within the hierarchy of the courts. The S.C.A will be binding on all high courts and lower courts. QUESTION 3  Supreme law of the land  All legislation may be challenged  Separation of powers  It sets out the structure of the judiciary  State Institutions to support democracy (b). 1 – f Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 5 2 – e 3 – a 4 – h 5 – g 6 – b 7 – d 8 – c c). Incorrect. Section 36 of the Constitution, also known as the limitation clause, sets out the criteria in terms of which a right contained in the Bill of Rights may be limited. Thus, if the state wishes to limit a right, it will have to make sure that its actions are in agreement with the criteria (or measures) contained in the Bill of Rights. (d). The constitutional Court held that a permanent cohabitation relationship unit be included in the marriage definition. The Civil Union Act allows same sex and heterosexual couples to enter into a marriage or a civil partnership in terms of the Act. Civil partnership must choose whether they want to call their union a marriage or a civil partnership. The union has the same consequences of a marriage in terms of the marriage Act 25 of 1961. QUESTION 4 (a) Civil Case – aims to claim for financial damages to compensate for medical expenses. Criminal Case – convict a person of a crime and if convicted, punish the person by means of a fine or prison term. (ii) civil case – plaintiff must be able to prove case on a balance of probabilities Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 6 Criminal case – State must prove its case beyond a reasonable doubt. (iii) High court because the amount being claimed exceeds the threshold set for Magistrate’s court matters. (iv). Judge (v) taking charge of the court proceedings and making findings and orders after hearing evidence and arguments on the matter at hand. (b). Incorrect. If a party is unhappy with the decision, that party can appeal to a higher court. QUESTION 5 (a) Formal law (b) Legal object (c) Reception (d) Public International Law (e) Reported (f) Subparagraph (g) Long title (h) Executive (i) Accused (j) Court orderly SECTION B-QUESTION 1 1. 3 2. 1 3. 4 4. 1 5. 1 6. 4 7. 1 Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 7 8. 3 9. 2 10. 3 11. 3 12. 2 13. 2 14. 4 15. 3 MAY- JUNE 2016 SECTION A QUESTION 1 (a) The law – although it is not the task of the state to enforce religious norms or convictions on its citizens but religious freedom must be made possible by the state.  The law: norms which the whole community regards as binding and must be obeyed, prosecution, punishment and state organ is the enforcer.  Religious rules : A set of rules in accordance with the people who practice that religion, every religion has its own sanction or punishment and enforcer is each separate religion (b) Formal Justice: deals with the procedures that must be followed in legal proceedings (rules, conduct, evidence)  There must be explicit rules.  The rules must apply generally Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 8  The rules must be applied impartially by a legal institution. c). Personal right: right to performance e.g. delivery Real right: John buys a motorbike. John’s right to the new motorbike is a real right called ownership. (d) In an effort to achieve this he decided to ''codify'' Roman law as a whole. What ``codify'' meant was that he decided that all the earlier writings of the classical jurists and all the laws which had been passed during the time of the emperors were to be collected and written down as a code. This collection of Roman law by Justinian was called the Corpus Iuris Civilis. By codifying the law, Justinian kept Roman law alive in the Eastern Roman Empire, although this collection of Roman law did not have much influence in the Western Roman Empire at that time. However, the fact that the Roman law had been collected and written down made it possible for Roman law to be received in Europe in about the 12th century AD. QUESTION 2 a). Criminal law states which acts are crimes and what the penalties (punishments) are that are imposed by the state for the commission of these crimes whilst Law of criminal procedure is concerned with the way in which someone who is suspected of having committed a crime is prosecuted and tried. (b) Law of Patrimony, more specifically the subdivision, law of succession concerned with who inherits from a person who dies in other words who receives the property of the deceased. If they is no will the property will be given away in accordance with the rules of Intestate Succession. c) Law of obligations. An obligation is a legal relationship between two (or more) parties in terms of which one party has a right against another party for performance and the other party has a corresponding duty to perform.