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SECTION A
QUESTION 1 (a)
1. The law are norm which apply to the whole community regards as binding and must be obey as
well as community mores are norms which apply to the community or group within that
community.
2. The sanction for non- compliance with the law will result in prosecution, punishment or payment of
a fine whereas the sanction for non-compliance with community mores is rejection or
discrimination by other member of the community.
3. The law is enforced by the State whilst community mores are enforced by the community.
b) Formal Justice Substantive Justice
Deals with the procedures that must be Concerns the content of the rule and not
followed in legal proceedings (rules, the way in which it is applied.
conduct, evidence)
Basic requirements that must be met
Here the content of the rule is looked at
for formal justice to be achieved:
to determine whether it is just and fair.
There must be explicit rules laid down to
Examples:
show how people must be treated in
specific cases The apartheid rules were specific,
applied to all and were applied
The rules must apply generally (all
impartially – however, the content of the
people in the group under the same
rules were unjust and therefore justice
circumstances)
was not served
The rules must be applied impartially by
a legal institution (judge may not be
biased)
c) Real rights (object : a thing)
Personality rights (object : personality
property)
Intellectual property or immaterial
property (object : a non-tangible creation
of the human mind.
Personal rights (object : performance)
2
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d) South Africa belongs to the hybrid legal family in the sense that various components or legal systems
played a role in the development its legal systems. South African law is classified as a hybrid legal
system because various components or legal systems played a role in its development. Roman-Dutch
law (which forms part of the civil law legal family), English law (which forms part of the common-law legal
family) and African indigenous law (which forms part of the indigenous family) all played a role.
Question 2
(a)(i) The main division is Private law which deals with the relationship between individuals and other
individuals. In the given set of facts only individuals are involved that is parents and their children.
(ii) Law of Patrimony: Law of Patrimony is concerned with a person and their means, in other words
things people own that can be given a value in money.
(iii) Law of succession. The law of succession is concerned with who inherits from a person who dies, in
other words who receives the property of the deceased.
(iv) The further subdivision applicable is interstate succession in the sense that If there is no will, the
deceased's property will be given away in accordance with the rules of what is called ``intestate
succession''. These rules also come into operation when someone has not left a valid will. In the given
set of facts Carl and Charlotte did not leave a will so the property will be dealt with in accordance to the
intestate succssesion.
b) It means that the lower courts are bound by the decisions of the higher (superior) courts. There are
two requirements for the operation of the precedent system:
(1) an effective system of law reporting (to enable the lower-ranking courts to see what the higher-
ranking courts have held)
(2) a hierarchy of courts (in other words, the courts are divided into ranks, each court being bound by the
decisions of the courts above it) In South African law both these requirements are complied with.
Question 3
a) Supremacy of the Constitution
Bill of Rights
Separation of powers
Structure of the Judiciary
Institutions
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