THESE DOCUMENT CONTAINS DETAILRD ANSWERS FOR ITL151, INTRODUCTION TO LAW ASSIGNMENT 01 FOR STADIO STUDENTS. SEMESTER TWO. FULLY REFERENCED WITH FOOTNOTES AND BIBLIOGRAPHY.
NAME
SURNAME
STUDENT NUMBER
MODULE CODE ITL152
MODULE NAME INTRODUCTION TO LAW
Question 1
1.1 Admissible evidence is evidence that is not allowed in court.
False because Admissible evidence refers to evidence that is legally acceptable and
can be considered by the court in reaching a decision. The law of evidence determines
how the facts in either a criminal or a civil case must be proved. Thus, it regulates the
manner in which witnesses should lay their evidence before the court and it determines
what kinds of evidence are inadmissible.1
1.2 In a criminal case, the parties are known as the State and the defendant.
False because in criminal cases the first party will always be the state (‘S’). and The
other party is the accused.2
1.3 Legal positivism prescribes to the idea that law and morality are mutually
exclusive.
1
D Kleyn and others, ‘Beginner’s Guide for Law Students’ (5th edn Juta 2018) 148.
2
D Kleyn and others, Beginner’s Guide for Law Students 103.
, True because Legal positivism is based on the assumption that law and morality can be
distinguished and separated.3
1.4 Public companies end with the abbreviation “(Pty) Ltd”.
False because pty ltd is a special abbreviation for a private company. Public companies
are recognised with a name ending with ‘Ltd’).4
1.5 There are still close corporations in existence today.
True because although since the Companies Act 71 of 2008 came into existence, it is
no longer permissible to establish a close corporation. However, close corporations that
were formed before the introduction of the Act remain in existence, or they could be
converted into companies.5
1.6 An infans has full contractual capacity.
False because A child under the age of 7 (infans), have no capacity to act. They can
perform no juristic acts and cannot, for example, enter into contracts themselves. The
guardian or parent of the infans must do it on their behalf. Sometimes it is necessary to
conclude contracts on behalf of such persons because they can have assets which
they, for instance, have inherited.6
1.7 Legislation is the primary source of law used in criminal law.
False because Common law is the primary source of criminal law. South African
criminal law is, in general, uncodified. In our legal system no code (or comprehensive
exposition) of crime and punishment exists. 7
1.8 A crime can consist of an act or an omission.
Firstly, crime will usually result from some form of human action (or conduct). For
instance, it is quite clear that aiming a firearm at someone and then pulling the trigger,
causing their death, could lead to a conviction of murder. Secondly, to do nothing (or to
3
D Kleyn and others, ‘Beginner’s Guide for Law Students’ 407.
4
D Kleyn and others, ‘Beginner’s Guide for Law Students’ 227.
5
D Kleyn and others, ‘Beginner’s Guide for Law Students’ 229.
6
D Kleyn and others, ‘Beginner’s Guide for Law Students’ 218.
7
D Kleyn and others, ‘Beginner’s Guide for Law Students’ 267.
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