LJU4802 Questions and Answers Revised Analyzed and Graded A+
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Course
LJM
Institution
LJM
"Intolerance may come in many forms. At its most spectacular and destructive it involves the use
of power to crush beliefs and practices considered alien and threatening. At its more benign it
may operate through a set of rigid mainstream norms which do not permit the possibility of
alternati...
"Intolerance may come in many forms. At its most spectacular and destructive it involves the use
of power to crush beliefs and practices considered alien and threatening. At its more benign it
may operate through a set of rigid mainstream norms which do not permit the possibility of
alternative conduct". - CORRECT ANSWER ✔✔ -Sachs J in Prince v President, Cape Law
Society 2002 (2) SA 794 (CC)
"It is better to kill one person in order to save nineteen others, than to have all twenty people
killed". Which ethical theory will agree with this statement? - CORRECT ANSWER ✔✔ -
Utilitarian theory of ethics
Adversial Legal System - CORRECT ANSWER ✔✔ -- aka accusatory system
- 2 parties face each other (eg state and accused)
- role of legal representative and judge are clearly separated
- judge acts as an impartial referee, who listens toboth sides of the case and must see to it that the
various legal representatives adhere to the procedural rules
- judge must ascertain the true version of the facts and apply the law objectively to these facts
- legal practitioners focus on the client interest and do not really strive for justice
- legal practitioners act as mouth piece for clients
, - judge decides if accused is guilty
- legal representative is not independent or impartial - only listens to client side
An advocate may charge only reasonable fees for services rendered. In determining the
amount of the fee, it is proper to consider the following - CORRECT ANSWER ✔✔ -(1) the
time and labour required, the novelty and difficulty of the questions
involved and the skill required to properly conduct the case
(2) the customary charges by counsel of comparable standing for similar services,
and
(3) in cases regarding money, the amount involved in the controversy and its
importance to the client
Characteristics of post modern ethics - CORRECT ANSWER ✔✔ -- demise of the belief in the
universal validity of a particular lifestyle or morality
- the celebration of difference
- the rejection of absolutes as well as universals
- the recognition of the necessity to accept uncertainty and indeterminacy as a way of life
Civil disobedience is justified when - CORRECT ANSWER ✔✔ -- the laws are immoral. it
would then be a matter of individual conscience to decide whether or not to obey them
- it is based on the individuals religious beliefs. the idea is that one should obey God rather than
man
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