Exam (elaborations)
SCL1501 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
SCL1501 EXAM PACK 2023
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SCL1501EXAM PACK
2023
QUESTIONS
AND
ANSWERS
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SECTION 1
1.The point of departure for every law student is an understanding of the
concept of law.
1.1 Explain the difference between law and morality or religion (3)
The Law is the system of legal rules recognised and enforced by the government to
control human behaviour. It has the following characteristics:
❖ System of rules
❖ Intended to control human behaviour
❖ Should be recognised by the state
❖ Enforced by the state
On the other hand morality or religion refers to the principles concerning the distinction
between right and wrong or good and bad behaviour.
1.2 Illustrate with examples how the concepts law and rules are generally
confused by ordinary citizens or non-lawyers (3)
Citizens confuse laws and rules in the sense that they use them interchangeably,
yet they mean different things. However, it must be noted that the two are different
in that Laws are set and enforced by organs of state whereas rules are set and
enforced by organizations and individuals and Laws are inflexible and carry stiff
penalties while rules are more flexible and have lighter consequences when broken
2.1 With reference to the extract explain the concept ‘social contract” and the
role played by citizens in a democratic state.
SOCIAL CONTRACT refers to the consensus of a group of people who have willingly
united and agreed to a system of rules by which their lives will be governed, and which
provides order, protection and certainty in the situation
Frequently, the legal processes centre on an individual, who is a member of society.
In this light, let us now pause and consider the following quotation:
1
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Participation in the legal process is not limited to legal practitioners or other such
formal functionaries. In the new democratic constitutional order, we are all, as citizens,
obliged as a maintenance of the legal system to ensure the perpetuation of its
principles and its status. We do so, firstly by adhering to (and sometimes breaking)
laws and secondly by participating in processes related to or that result in law-making,
such as referenda and elections.
Our view is that the individual, who cases may be a client, a witness, an accused
person or a complainant in a criminal matter, a plaintiff or defendant in a civil
matter, and so on, should be considered a fundamental actor in the legal system
and processes. He/ she should not be underestimated or overlooked
2.2 Differentiate between state and country (2)
Country refers to a large nation with its own government and economy whereas a state
refers to a large governing area within the country.
2.3 ln the extract Mosibudi Mangena consistently uses the term state. Would it
make any difference had he used the term government instead? Give reasons
to support your answer. (4)
Yes, it would make a difference because the two terms are different.
2.4 What is the difference if any, between the legislative wing and Parliament.
Give reasons to support your answer.
A legislative wing is a body for debating and passing laws e.g. lower and upper house
while Parliament is the term for the whole combination of law making bodies.
3.1 Explain how the above extract links to the concept of banking education and
praxis (4)
Bank education refers to the mere absorption of information in the sense that as a
pupil one knew nothing, and brain was empty, and the teacher was expected to fill it
with information which must stuck in the brain until examination time when it should
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be regurgitated on the examination answer sheet. In other words, facts are deposited
into the pupil’s brain until they are withdrawn at the right time for a certain purpose.
This is shown in the extract where it says without self-reflection human beings
degenerate into a de personalised state o parrotry, conformity and robotics.
Praxis provides that in every aspect of thinking it should be accompanied by action
and application. It can be defined as the action reflection of persons upon the world.
Active reflection and reflective action is required. This is concurred in the passage
when it is stated that self-reflection means a process of subjective becoming by
consciously grasping with objective reality.
3.2 What would Kgalema Motlanthe ‘s view of “learning” be? Give reasons to
support your answer
Kgalema‘s view of learning is that there should be self-reflection whereby one
questions the basis of the underlying postulates that frame the way things are done.
4. Explain the concept, subjective being and say how Kgalema Motlanthe
echoes it in the extract “Eulogy to Ahmed Kathrada”
An individual does not behave like an object, an object cannot think, whereas a
subjective being can think and apply knowledge to practical situations. It is echoed in
the extract when it is mentioned that the process of self-reflection makes and remakes
our subjectivity.
Section 2
1.1 Attorney ‘s account
Service Rendered Fees(VAT excl)
Letters Received (3*R77=R231) R231
9 Letters written (9*R117 =R1053) R1053
Affidavits
6*R87 = R522
10*R87 = R870
6*R87 = R522
3
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