IND2601
EXAM PACK
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, 1. Which statement is correct? People voluntarily observe legal rules and
the rules for living in African customary law because of the following
factors:
(1) the religious or sacral (holy) element of the law, private opinion and the
knowledge that if a person is harmed, that person will endeavour to get
compensation or will take measures to protect him or herself.
(2) the religious or sacral (holy) element of the law, the knowledge that
if a person is harmed, that person will endeavour to get compensation
or will take measures to protect him or herself, fear of punishment and
the fact that only the indigenous leaders in the community have a broad
general knowledge of the law.
(3) the religious or sacral (holy) element of the law, the knowledge that
if a person is harmed, that person will endeavour to get compensation
or will take measures to protect him or herself, public opinion, and fear
of punishment.
(4) the religious or sacral (holy) element of the law, the knowledge that
if a person is harmed, that person will endeavour to get compensation
or will take measures to protect him or herself, and the influence of the
police, courts and judges in the community.
(2)
2. Specialised and unspecialised systems are different because in the
unspecialised systems ….
(1) emphasis falls strongly on the group.
(2) a transgression of the law and legal rules will have certain, specific
consequences for the transgressors.
(3) relations are governed by law.
(4) decisions are only taken by the family head.
(2)
3. The characteristic of customary law that is expressed as group versus
individual orientation means that…
(1) emphasis of the law is placed on the parties concerned in a dispute.
(2) although the family head was nominally the owner of the family property,
he was not liable for debts of the other members of the family home.
(3) individuals function within the context of the group to which they belong.
(4) the rights emanating from the seduction of a girl could only be claimed
from the perpetrator by herself to the exclusion of family members.
(2)
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