ILW1501 EXAM PACK AND NOTES .

ILW1501 EXAM PACK AND NOTES . Introduction To Law. Civil case claiming damages arising from the medical bills he pays. Criminal case: driving at 80km/hour on a road where there is a 60km/hour speed limit. Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 10 (ii) State Advocate: because the amount that Frans will claim exceed R400 000 which is over the threshold set for the Magistrate court. (iii) In a civil case the plaintiff must be able to prove that it is more likely that what she says is true than not true. In law we would say that she has to prove her case on a preponderance of probabilities or a balance of probabilities. (b). In a civil matter a party may lodge an appeal with a higher court if not satisfied with the lower courts’ decision. In a criminal matter an appeal may be lodged against the conviction and/or sentence with a higher court. The higher court merely studies the recordings of the court a quo and then listens to arguments made by legal representatives. An appeal is upheld: the decision of the court a quo is set aside. An appeal is dismissed: the decision of the court a quo is confirmed. Appellant: person(s) lodging the appeal. Respondent: responding to the appeal. QUESTION 5 (a) Norm (b) Canon law (c) Conflict of laws (d) Legislation (e) The appellant and the respondent (f) Cannot (g) S 2(1)(b) (iii) (h) White, Indian and coloured population groups (i) Right to education (j) For a certain period of time SECTION B –QUESTION 1 1. 4 2. 1 3. 2 4. 4 Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 11 5. 4 6. 3 7. 3 8. 4 9. 3 10. 2 11. 1 12. 3 13. 2 14. 2 15. 3 OCTOBER-NOVEMBER 2016 QUESTION 1 1.1. Determines the content & meaning of the different legal rules 1.2. Concerns the content of the rule and not the way in which it is applied. Here the content of the rule is looked at to determine whether it is just and fair. Example: The apartheid rules Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 12 were specific, applied to all and were applied impartially – however, the content of the rules were unjust and therefore justice was not served 1.3.1. Personality Right 1.3.2. Personality property. Examples: right to physical integrity (a right to your own body); the right to your own good name or reputation. One can say that the objects of these rights also have “economic value” in a broad sense. They have no market value, but what gives them value is that they are scarce and not freely obtainable as far as the holder of the right is concerned. 1.4. 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. 1.5. 1. D; 2. E; 3. F; 4. C; 5. A; 6. B QUESTION 2 2.1. Public Law: regulates relationships that are concerned with public interest (community). State v Citizen (accused) 2.2. Criminal Law: states which acts are criminal in nature and the penalties imposed by the state for the commission of these crimes. 2.3. Law of procedure (criminal procedure): determining prosecution and trial. The way in which someone who is suspected of having committed a crime is prosecuted and tried (public law disputes). 2.4. Law of Evidence: determining how evidence must be presented before the court, calling of a witness. Downloaded by: kabelo | Distribution of this document is illegal S - The study-notes marketplace 13 2.5. Yes: because the matter maybe a private law dispute. Peter can institute a claim under the Law of Delict. 2.6. Legislature. 2.7. The High Court and Mag Court because judicial precedence entails that lower courts are bound by the decision of the higher/superior courts. 2.8. An effective system of law Reporting and a hierarchy of courts where each court is bound to the decisions of the court above it. QUESTION 3 3.1. 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 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. 3.2. Equality and Human Dignity 3.3. Infringement of one’s fundamental right emanating from the Bill of Rights. 3.4. Basic human freedoms that every citizen has the right to enjoy for a proper and harmonious developments of personality. These rights universally apply to all citizens, irrespective of race, place of birth.