ILW1501 EXAM PACK. the law: norms which the whole community regards as binding and must be obeyed whilst
individual morality are norms or standards that every individual sets for himself.
The law: prosecution/punishment/compensation to an injured party whilst in individual
morality sanction ...
QUESTION 1
(a). the law: norms which the whole community regards as binding and must be obeyed whilst
individual morality are norms or standards that every individual sets for himself.
The law: prosecution/punishment/compensation to an injured party whilst in individual
morality sanction is self-imposed
The law: state organ is the enforcer whilst in individual morality it’s the individual.
(b). i) There must be explicit rules.
(ii) The rules must apply generally
The rules must be applied impartially by a legal institution.
(c) (i) Intellectual Property rights
(ii) An individual as the holder of the right (legal subject) against the other legal subjects to a
legal object e.g. artwork (an intellectual property right).
(d). A personal right is a right to performance. Also called a claim. Example delivery, payment.
A personality right means the right each one has to parts of his personality. Example physical
integrity, reputation.
e). Civil law family – Roman Law
Common law legal family – Case law
QUESTION 2
(a). (i) Private Law – Regulates relationships between individuals
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(ii) Law of obligations. An obligation is a legal relationship between two (or more) parties in
terms of which one party has a right against another party for performance and the other party
has a corresponding duty to perform.
(iii) Law of delict: Karel has a right to claim compensation. New Visions Kitchen probably have
either to replace or pay Karel for the destroyed fish pond.
(iv) Law of contract and unjustified enrichment.
(b). Authoritative sources are sources which give authority or carry much weight to lawyers’
arguments. Examples of these sources are legislation, case law, common law, custom and
African customary law.
Persuasive sources carry less weight and can be used after the authoritative sources have given
no answer required. These sources are persuasive in nature and he following are examples of
them; foreign law, modern legal writers, textbooks, journals and obiter dictum.
c). The second case by the S.C.A. The importance given to a particular precedent will be based
on how senior the court is which handed down the decision within the hierarchy of the courts.
The S.C.A will be binding on all high courts and lower courts.
QUESTION 3
Supreme law of the land
All legislation may be challenged
Separation of powers
It sets out the structure of the judiciary
State Institutions to support democracy
(b).
1–f
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2–e
3–a
4–h
5–g
6–b
7–d
8–c
c). Incorrect. Section 36 of the Constitution, also known as the limitation clause, sets out the
criteria in terms of which a right contained in the Bill of Rights may be limited. Thus, if the state
wishes to limit a right, it will have to make sure that its actions are in agreement with the criteria
(or measures) contained in the Bill of Rights.
(d). 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 a 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.
QUESTION 4
(a) Civil Case – aims to claim for financial damages to compensate for medical expenses.
Criminal Case – convict a person of a crime and if convicted, punish the person by means of
a fine or prison term.
(ii) civil case – plaintiff must be able to prove case on a balance of probabilities
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