The purpose of the SCL1501 module is to:
(1) Make law students excel in the theory of law
(2) Let students DO most of the work
(3) Enable students to develop skills relevant to legal studies
(4) Evaluate the Law Society of South Africa and the General Bar Council of
Advocates
QUESTION 2
Indicate the correct statement
The purpose of the Legal Practice Act 28 of 2014 can be found:
(1) Only in the short title of an Act
(2) Only in the long title of an Act
(3) Only in the preamble of an Act
(4) Both in the long title and the preamble of an Act
QUESTION 3
Indicate the correct statement
The following holds true for meaningful education:
(1) No relation exists between studying and learning
(2) It is correct for students to easily confuse studying and learning
(3) Dialogue is essential for learning
(4) Learning is a core element of banking education
QUESTION 4
Indicate the correct statement
The following aspect appropriately describes banking education:
(1) Paulo Freire promotes banking education because it appropriates reasoning
capacity
(2) Questioning or interrogation of information enhances banking education
(3) Banking education gives a balance between studying and learning
(4) Banking education undermines the notion of praxis
,QUESTION 5
Indicate the correct statement
Learning Unit 4 (Communication and litigation skills) is meant to:
(1) Help students use the English language confidently in court
(2) Introduce students to various role players in the legal process
(3) Only focuses on the daily activities of role players
(4) Deal with the transmission of messages between interlocutors in legal contexts
QUESTION 6
Indicate the correct statement
The reason why non-verbal communication is important is because:
(1) 35% of one’s message is communicated verbally
(2) 65% of the message is transmitted non-verbally
(3) Influence and perception are at the centre of legal practice
(4) A magistrate/judge readily accepts non-verbal messages
QUESTION 7
Indicate the correct statement
The following holds true for “re-examination”:
(1) It gives the witness an opportunity to explain matters raised in the summons
(2) It is only limited to matters that were raised during examination in chief
(3) The lawyer asks his/her opponent’s witness questions
(4) Further questioning may increase rather than limit the damage
QUESTION 8
Indicate the correct statement
When does an Act of Parliament come into force?
(1) After it has been signed by the President
(2) Immediately after it has been passed by the Parliament
(3) After it has been signed by the President and published in the Government
Gazette
(4) After it has been passed by Parliament and signed by the President
,QUESTION 9
Indicate the correct statement
Which one is regarded as a presumption when reading or interpreting legislation?
(1) Legislation is presumed to contain meaningless sections
(2) Legislation is presumed to intend to achieve reasonable and unjusticiable
consequences
(3) Legislation is presumed to change existing law, particularly Roman Dutch law
(4) Legislation is presumed not to apply retrospectively
QUESTION 10
Indicate the incorrect statement
(1) The procedure in action proceedings is started by way of summons
(2) Action proceeding is used when there are fundamental disputes on the facts of
the case between the parties involved
(3) The parties in action proceedings are the Plaintiff and the Applicant
(4) Ex parte application is another type of civil case
QUESTION 11
Indicate the most correct statement
(1) “Headnotes” and “catch phrases” start with the word “held” which indicates the
finding of the court and are not important when reading a court case
(2) Headnotes are compiled by the editors of the law reports
(3) Heads of argument refers to the moral argument made by legal representatives
of the parties involved in a dispute and it is backed up by relevant sources
(4) Headnotes contain the summary of the case the editors consider less important
QUESTION 12
Indicate the correct statement
(1) Order as to costs are all expenses of the case incurred by the parties’ legal
representatives and the presiding officer
(2) Court rules do not stipulate the amount of legal costs that a party/parties in
dispute could be ordered to pay at the end of the case
(3) There are no orders as to costs in criminal cases, only in civil cases
(4) Order as to costs are the expenses involved in a case and are given at the
beginning of the case
, QUESTION 13
Indicate the incorrect statement
Mostly a judgement takes the following form:
(1) First, the facts of the case are given
(2) Second, discussion of the relevant legal principles
(3) Third, application of the law to the facts of the case
(4) Fourth, an order is given
QUESTION 14
Indicate the correct statement
(1) The ratio decidendi of the majority judgment binds only the smaller courts
(2) Majority judgment is a decision of one judge who hands down the judgment
(3) A minority judgment creates a precedent and it is binding on the lower courts
(4) Separate judgment is when a judge agrees with the conclusions of the other
judges but disagrees with the reasons in their judgments
QUESTION 15
Indicate the correct statement
When judgment is given on a different day from the day on which the case was heard,
the words “cur adv vult” will appear:
(1) The words “cur adv vult” are always followed by the word “postea”
(2) The words “cur adv vult” also appear when a case is appealed to the higher court
(3) The words “cur adv vult” also appear in both criminal and civil cases
(4) After the words “postea” you see the date on which the case was heard in court
QUESTION 16
Indicate the correct answer
Your client, Hlompho Kekana , has purchased a red VW Golf GTI for R390 000
VAT inclusive. What was the price of the VW Golf before VAT was added?
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