Courses / UNISA / 2022/Semester OS2601-22-S2/ 10s2601/2022-2/Assessment
Grade 50.00 out of 50.00
2
(100%)
The aim of the teleological conception of interpretation is to:
Oa. establish the aim and purpose of the provision against the
existing case law
Ob. establish the aim and purpose of the provision against the purpose of the
provision;
C. establish the aim and purpose of the provision against the historical context of the provision;
d.establish the aim.and purpose of the provision against the constitutional values
Thecorrect answeris establish the aim and purpose of the provision against the constitutional values.
,oard/Courses/UNISA / 2022/ Semester 2/
IOS2601-22-S2/ 10S2601/2022-2/ Assessment 2
efollowing are some of the semantic and
jurisprudential guidelines and the presumptions about specific
Cumstances determining that a provision is directory. Which one is an incorrect
guideline?
a.if strict compliance with the provisions would lead to injustice and even fraud, it is
presumed that the provision is
directory
b.Ifthe wording of the provision is in negative terms, and a penal sanction
(punishment) is included for non
compliance with the requirements, it is an indication that the provision in question should be
regarded as
directory
Oc.If other provisions in the legislation could become superfluous (meaningless) when
non-compliance with
prescribed requirements results in the nullity of the act, there is a presumption that the requirements are merely
directory
Od.If the provision is formulated in flexible or vague terms, it is an indication that it is directory
Thecorrect answer is If the wording of the provision is in negative terms, and a penal sanction (punishment)is included
fornon-compliance with the requirements,it is an indication that the provision in question should be regarded as
directory
,One of the reasons for legislative intervention into the common law is that:
a the
. common law has been abrogated through disuse
bthe
. common law cannot deal with new technological and scientific developments;
Oc. the common law is not commonly applied to all South Africans;
d. the common law must be altered into statutory law per the Constitution
scientific developments
The correct answer is: the common law cannot deal with new technologicaland
QuE
Grade 50.00 out of 50.00
2
(100%)
The aim of the teleological conception of interpretation is to:
Oa. establish the aim and purpose of the provision against the
existing case law
Ob. establish the aim and purpose of the provision against the purpose of the
provision;
C. establish the aim and purpose of the provision against the historical context of the provision;
d.establish the aim.and purpose of the provision against the constitutional values
Thecorrect answeris establish the aim and purpose of the provision against the constitutional values.
,oard/Courses/UNISA / 2022/ Semester 2/
IOS2601-22-S2/ 10S2601/2022-2/ Assessment 2
efollowing are some of the semantic and
jurisprudential guidelines and the presumptions about specific
Cumstances determining that a provision is directory. Which one is an incorrect
guideline?
a.if strict compliance with the provisions would lead to injustice and even fraud, it is
presumed that the provision is
directory
b.Ifthe wording of the provision is in negative terms, and a penal sanction
(punishment) is included for non
compliance with the requirements, it is an indication that the provision in question should be
regarded as
directory
Oc.If other provisions in the legislation could become superfluous (meaningless) when
non-compliance with
prescribed requirements results in the nullity of the act, there is a presumption that the requirements are merely
directory
Od.If the provision is formulated in flexible or vague terms, it is an indication that it is directory
Thecorrect answer is If the wording of the provision is in negative terms, and a penal sanction (punishment)is included
fornon-compliance with the requirements,it is an indication that the provision in question should be regarded as
directory
,One of the reasons for legislative intervention into the common law is that:
a the
. common law has been abrogated through disuse
bthe
. common law cannot deal with new technological and scientific developments;
Oc. the common law is not commonly applied to all South Africans;
d. the common law must be altered into statutory law per the Constitution
scientific developments
The correct answer is: the common law cannot deal with new technologicaland
QuE
