CLA_1501 Test Bank (with answers).
Question 1
Which ONE of the following is regarded in the South African law as a source of RomanDutch law:
I. Law of the Twelve Tables
2. Institutions
3. Corpus Iuris Civilis
4. Commentarius ad Pandectas
Question 2
Which ONE of the following is a pr...
CLA_1501 TEST BANK (WITH ANSWERS)
Question 1
Which ONE of the following is regarded in the South African law as a source of Roman-
Dutch law:
I. Law of the Twelve Tables
2. Institutions
3. Corpus Iuris Civilis
4. Commentarius ad Pandectas
Question 2
Which ONE of the following is a principle that CANNOT be associated with the doctrine
of stare decisis?
1. a High Court is bound by its own decisions until they are overruled by a superior court.
2. a High Court is bound by the decision of a court of concurrent status within its own
area of jurisdiction.
3. a High Court, depending on how it is constituted, is bound by a decision of the
Supreme Court of Appeal.
4. a High Court is not bound to follow the decision of a High Court of a different area of
jurisdiction.
Question 3
Belouxi is a coastal town situated on a deep bay. Whales migrate to Belouxi Bay
annually to breed. This natural phenomenon has become a major tourist attraction.
During the breeding season the whales are very sensitive to light and sound. The
Belouxi community has always taken care to keep the noise level down in the bay area
during the breeding season. Max decides to open a night club in the town. The
community wants to close down the night club because they are afraid that the night
club's pulsating music and flickering lights will discourage the whales from migrating to
Belouxi Bay. Max avers that no legislation exists which restricts "noisy" business
activities in the Belouxi Bay area.
Consider the following:
The court will acknowledge the validity of the Belouxi community's customs if it can,
amongst other things, indicate that the prohibition on noise ...
A. has existed for a long time.
B. has been put in writing.
C. will encourage the breeding of whales.
D. is certain and clear.
Which of the above is/are CORRECT?
1. only C and D are correct
2. only A, B and D are correct
3. only A and D are correct
4 all of the above are correct
Question 4
Which ONE of the following statements is CORRECT?
In Varvarigos v Fidelity Bank Ltd 1989 (4) SA 384 (W) ...
1. Fidelity Bank Ltd is the appellant.
2. Varvarigos is the defendant.
3. 1989 is the year in which the case was reported.
4. SA stands for the country in which the case was heard.
5. 384 is the number of the case.
Question 5
Indicate the INCORRECT statement:
1. The Supreme Court of Appeal, which usually sits in Bloemfontein, has unlimited
jurisdiction to hear appeals in civil and criminal proceedings.
2. A case relating to the interpretation of a will may be heard by a magistrate’s
court.
,3. The Constitutional Court has the final say in all matters relating to the interpretation,
protection and enforcement of the provisions of the Constitution.
4. The Supreme Court of Appeal is a court of appeal for the High Courts.
Question 6
Which ONE of the following legal systems is the basis of the South African legal system?
1. Dutch law.
2. Roman law.
3. English law.
4. Roman-Dutch law
Question 7
Which ONE of the following is NOT an authoritative source of South African Law:
1. South African case law.
2. Corpus Iuris Civilis.
3. English case law.
4. The Constitution of the Republic of South Africa 108 of 1996.
5. Judgments of the Dutch courts before 1652.
Question 8
Which ONE of the following statements regarding the stare decisis doctrine is
INCORRECT?
1. A High Court, whether it is a full bench consisting of three judges, a bench of two
judges or of only one, is bound by the decisions of the Supreme Court of Appeal.
2. One High Court is not bound to follow the decisions of a High Court from another area
of jurisdiction.
3. Within the area of jurisdiction of one High Court, a bench of two judges is bound by a
decision of the full bench of the same Court.
4. If the judgments of the High Courts are conflicting, a magistrate’s court can
follow any decision he deems to be right irrespective of the jurisdiction in
which he falls.
Question 9
Which ONE of the following is NOT a requirement for a custom to be recognised as a
legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the community.
3. The contents thereof must be certain and clear.
4. A court must have recognised the custom as a legal rule.
Question 10
Soon after the death of multimillionaire John Deer a dispute arises regarding the validity
and interpretation of his will.
Which ONE of the following courts should be approached to adjudicate the matter?
1. A magistrate's court.
2. A small claims court.
3. The Constitutional Court.
4. The Supreme Court of Appeal.
5. A High Court.
Question 11
Which ONE of the following officers is responsible for the issue of process, the
enrolment of cases, the maintenance of records and the issuing of orders of the High
Court?
1. The Clerk.
2. The Registrar.
3. The litigating parties themselves.
4. The Sheriff.
Question 12
,Consider the following statements:
a. The Supreme Court of Appeal, which usually sits in Bloemfontein, has jurisdiction to
hear constitutional and other matters and is a court of appeal for the High Courts.
b. A case relating to the interpretation of a will, will be heard by a magistrate's court.
c. The High Courts have original jurisdiction which means that they can only hear certain
matters that arise in their geographical areas of jurisdiction.
d. The Constitutional Court has the final say in all matters relating to the interpretation,
protection and enforcement of the provisions of the Constitution.
e. The Supreme Court of Appeal is a court of appeal for the High Courts.
Indicate which of the above statements are INCORRECT:
1. Only a, b and c.
2. Only c, d and e.
3. Only b and d.
4. Only b and c.
5. Only a and e.
Question 13
Which ONE of the following statements is CORRECT?
1. A Magistrate's Court is bound to follow a decision of another Magistrate's Court.
2. The Bloemfontein High Court is not bound by a decision of the Pretoria High
Court.
3. The Supreme Court of Appeal is bound by its previous judgments, even if the court is
convinced that f' previous decision was wrong.
4. A full bench of a High Court is bound by both the ratio decidendi and the obiter dicta
of the Supreme Court of Appeal.
Question 14
Which court(s) has/have jurisdiction to decide whether one of the fundamental rights
entrenched in the Constitution was violated in a particular case?
1. Only the Constitutional Court.
2. Only a High Court.
3. Both the Constitutional Court and the Supreme Court of Appeal.
4. The Constitutional Court, the Supreme Court of Appeal, and a High Court.
5. Both the Constitutional Court and a High Court.
Question 15
Mr Dube wants to sue Mrs Dube for a divorce. Which court should he approach?
1. the Supreme Court of Appeal.
2. the Small Claims Court.
3. the Magistrate's Court.
4. the High Court.
Question 16
Which ONE of the following sources of the law has only persuasive authority in a South
African court?
1. Judgments of the Dutch courts before 1652.
2. English law.
3. Dutch legislation before 1652.
4. Roman law.
Question 17
Which ONE of the following phrases indicates that the court will consider its judgment?
1. stare decisis.
2. obiter dictum.
3. curia advisari vult.
4. ratio decidendi.
5. aliter.
Question 18
, Which ONE of the following is NOT a requirement for a customary rule to be recognised
as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing.
Question 19
Which ONE of the following is NOT an authoritative source of South African law?
1. Statute law.
2. Customary law.
3. The old authorities.
4. Judgments of the superior courts.
5. Foreign law.
Question 20
Which one of the following is not a source of modem South African Law?
1. Legislation;
2. Judicial Precedent;
3. Custom;
4. Modern Text Books.
Question 21
Which one of the following courts is a superior court of the Republic?
1. Magistrates Court.
2. Small Claims court.
3. Supreme Court of Appeal.
4. Income Tax Court.
Question 22
Indicate the incorrect statement:
1. Customary law consists of written rules developed from the views of the community
and which are carried forward from generation to generation.
2. Common law is to a large extent based upon the writings of Roman and Dutch jurists
of the seventeenth and eighteenth centuries.
3. Modern legal textbooks have no inherent authority but may be considered by
the courts to be persuasive.
4. An Act of Parliament takes priority over all other legislation and laws including any
court decision.
Question 23
Indicate the incorrect statement:
According to the doctrine of stare decisis:
1. Decisions of the Supreme Court of Appeal bind all divisions of the High Court as well
as all inferior courts.
2. The Supreme Court of Appeal regards itself as bound by its own previous decisions
unless it is convinced that its previous judgment was incorrect.
3. The ratio decidendi of a case may never be departed from by a judge even when
he feels that there are grounds for distinguishing the case before him.
4. Where there is no previous Supreme Court of Appeal decision, a division of the High
Court is bound by a judgment of the same division that is made up of the same
number of judges or more.
Question 24
Which of the following statements is/are incorrect?
a. The obiter dicta may be described as statements of law not necessary for the decision
of the case in which they are made.
b. Where there are conflicting decisions in his own area, a magistrate must follow the
decision of the larger court and if the courts are of equal size, then he must follow
the latest decision.
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