Summary
Summary Introduction to law - Test guideline
- Course
- Introduction to Law
- Institution
- University Of The Witwatersrand (wits)
guideline on how to answer essay questions and how to answer based on a prescribed case
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Memo: April Test 2023Introduction to Law UG
Question 1
This question was generally not answered well. The question required you to identify
components of the LPC Code of Conduct that speak to professionalism and ethics, to
identify how a legal practitioner must conduct themselves and control their cross-
examination in light of the requisite level of professionalism and ethics, and to identify that in
fact Lungile violated the Code of Conduct.
Many of you repeated the facts of the question as a way of answering the question. This is a
common refrain when people do not know the answer. It doesn’t assist you, and you will not
receive any grades for repeating the facts of the question.
Question 2
This question was generally answered well. Most of you knew the case relatively well, and
so scored above an average mark for this question. However, you were lucky in knowing
that this case would come up in the test. You will not ordinarily know which cases are to be
examined in a test or exam, and you are expected to know the cases you’ve studied to the
same level of depth as you knew the Pillay case. If you do not read your cases, you will not
pass a law test or exam.
2.1. The case was first heard in the Equality Court.
2.2. This court found that there was indeed discrimination, but that this
discrimination was fair. We deducted a grade if you said there was no unfair
discrimination; we wanted you to specifically identify fair discrimination, which
is different in the law to there being no unfair discrimination. There are two
distinct components of discrimination in our law: ‘fair’ and ‘unfair’; not ‘unfair’
and ‘not unfair’.
2.3. Most of you were correct in answering this question on the distinction
between voluntary and compulsory practices. A grade was deducted if you
were not clear on why the court makes no distinction between voluntary and
compulsory practices.
2.4. Most of you were correct in answering this question on the arguments that the
school could raise against George. However, most of you answered the
question incorrectly in not applying the Pillay case to George’s case. Instead,
you simply stated the arguments in Pillay. The correct approach would be to
state: ‘Similar to the Pillay case, we could argue that…” We nevertheless did
not deduct grades for lack of applying.
Be aware that many of you repeated different variations of the same point:
For example – “George’s parents signed the Code of Conduct. The Code of
Conduct was agreed to by George’s parents. George’s parents knew what the
rules were when entering the School.” These three sentences effectively
present the same point.
2.5. Most of you were correct in identifying the general tenor of the court decision,
but to give the answer finesse you needed to ground your statement in the
law, e.g. by identifying the relevant provision of the Equality Act.
2.6. Most of you were correct in this answer, which was ‘Advise’.
Question 3
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