Exam (elaborations)
ILW1501 MCQ Memo Bundle
- Institution
- University Of South Africa (Unisa)
ILW1501 MCQ memo bundle with references to answers where applicable.
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ILW1501 MCQ Memo Bundle2021/ECP
Question 1
Read the scenario and answer the question that follows:
Melissa and Naomi are in a permanent same-sex relationship. They have just
moved into their dream home in an elite, but very traditional, neighbourhood.
Melissa and Naomi’s neighbours ignore them. Some even openly voice their
disapproval of their relationship.
Which normative system is applicable to this scenario?
1) the law
2) religion
3) individual morality
4) community mores
As this question consists of a scenario/set of facts, a stem and an answer set, it is
categorised as more difficult.
Note that we regard questions that consist of scenarios or a set of facts as application
questions in which you must apply your knowledge of the study material to answer the
questions. Therefore, these kinds of questions are usually more difficult and require
careful reading.
Hint: When you must read a scenario or a set of facts and answer a question on it, be
careful not to do the following: do not assume words and facts that are not specifically
stated in the scenario. In other words, do not read words or facts into the scenario that
are not there. Keep to the words and facts as stated in the scenario.
,The scenario in this question deals with Melissa and Naomi’s neighbours’ disapproval
of their relationship. Thus, the scenario relates to the norms of a group within a
community, which results in disapproval by members of the community. This describes
community mores.
Option (4) is therefore the correct option.
[See Learning Unit 1, pp 17-18 & p 22.]
Question 2
Complete the sentence by choosing the correct option:
Law can be defined as …
1) unwritten and informal rules of human conduct.
2) written and formal legal rules of human conduct.
3) rules of human conduct with binding legal force.
4) customary rules that bind the whole community.
This question consists of a stem and answer set. It is categorised as an easier
question.
We know that “the law” is concerned with norms that bind the whole community, that
is, those norms of conduct or rules of human behaviour that should be obeyed by all
of society.
Thus, option (3) is correct.
[See Learning Unit 1, p 8.]
Question 3
What does “substantive law” refer to?
1) Legal rules that determine how court cases are decided.
2) The part of the law that determines the meaning of legal rules.
3) Law that regulates relationships between the state and its citizens.
4) The part of the law that regulates relationships between individuals.
This question also consists of a stem and answer set. It is categorised as an easier
question.
,Let us consider the options carefully:
• Legal rules that determine how court cases are decided, relates to formal law.
Thus, option (1) can be ruled out as a possible answer.
• Relationships between the state and citizens, relates to the public law.
• The regulation of relationships between individuals, relates to the private law.
Therefore, options (3) and (4) may be ruled out as possible answers.
Substantive law determines the meaning of legal rules. Thus, option (2) is correct.
[See Learning Unit 1, pp 9-10 & p13.]
Question 4
Formal law must comply with three basic requirements to achieve formal justice.
Which one of the following is NOT a requirement for formal justice?
1) Explicit legal rules must be laid down.
2) Legal rules must apply generally.
3) Legal rules must be fair and impartial.
4) Legal rules must be applied impartially.
This question is framed in the negative. Therefore, we are looking for an option that
does not relate to a particular concept, in this case, formal justice. Although this
question consists of a stem and answer set, it is not straight forward!
We know that formal law needs to meet three basic requirements for formal justice to
be achieved. These basic requirements are:
• There must be explicit rules laid down to show how people must be treated in
specific cases.
• The rules must apply generally.
• The rules must be applied impartially by a legal institution.
Fairness of a legal rule is not a requirement for formal justice.
Thus, option (3) is correct.
[See Learning Unit 1, pp 12-13.]
Question 5
, Read the following scenario and answer the question that follows:
Mr Venter and Mr Khumalo have been neighbours for some time. However, Mr
Venter recently installed a gutter system that causes water to flow right into Mr
Khumalo’s garden, damaging his plants. This is a nuisance to Mr Khumalo and
makes life very unpleasant for him, as he is an avid gardener.
On which private law right of Mr Khumalo does Mr Venter infringe by causing
the water from the gutter system to flow into Mr Khumalo’s garden?
1) personal right
2) personality right
3) real right
4) intellectual property right
Did you recognise that this is a more difficult question? It includes a root/ scenario/ set
of facts, a stem and an answer set.
We remind you of our hint given in Answer 1 when reading questions consisting of
scenarios or a set of facts. Please read it again!
• From the set of facts and the question that follows, we need to determine what
private law right of Mr Khumalo does Mr Venter infringe.
• This scenario deals with Mr Khumalo’s property.
• The right that Mr Khumalo has to his property is called ownership.
• Thus, the private-law right that is infringed is Mr Khumalo’s real right to freely
use and enjoy his property.
Option (3) is therefore correct.
[See Learning Unit 2, p 27.]
Question 6
Read the following scenario and answer the question that follows:
Rendani, an artist, always signs his name at the back of his paintings before
sending them to the gallery. In terms of the private law Rendani has a right to
his artwork.
What is the object of Rendani’s private law right called?
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