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INTRODUCTORY STUDIES QUESTION 1 (a) Briefly explain the main characteristics of the adversarial system of civil procedure. (4) (b) Name any three (3) characteristics of court annexed mediation. (3) (c) Briefly explain the concurrent jurisdiction the High Court has with the Constitutional Court. (4) (d) Briefly explain the difference between domicile and residence. (4) [15] HIGH COURT JURISDICTION AND PROCEDURE QUESTION 2 (a) Y is an incola of Durban. Z wishes to commence proceedings agai...

Question 1 1.1 Explain the concept "concursus creditorum" as well as what it presupposes. (5) 1.2 ABC Ltd is a British company that owns property which is lying in a warehouse in Cape Town harbour. ABC Ltd does not have a place of business in South Africa. Will the Western Cape High Court, Cape Town, have jurisdiction to sequestrate ABC Ltd.’s estate? (5) 1.3 Fred approaches you for advice. He informs you that Jenna owes him R24 000 for cleaning services rendered by his company. Fred expl...

LCP4804 QUESTIONS Question 1 With the aid of decided cases of critically discuss the differences between living customary law and official customary law and indicate why the living customary law is held to be more aligned to the transformative value of customary law in South Africa. [25] Question 2 Zanele and Buntu have been married for over five years under customary law. Buntu is considering marrying another wife. He wants to know if Zanele must give consent before he can conclude a furthe...

QUESTION 1 With reference to the relevant African customary law authorities, and while providing practical examples, critically discuss how South African courts have dealt with the application of the divisive principle of male primogeniture. [25] QUESTION 2 A traditional authority that observes a system of customary law may function subject to any legislation and customs. With the provision of practical examples, clearly and precisely discuss the relevant legislation and customs that a trad...

QUESTION 1 John works at the control tower of the O.R. Tambo Airport. His responsibility is to regulate the movements of the aeroplanes landing and taking off. Due to a sudden sharp drop in John’s blood pressure, he loses consciousness for five minutes. During this period of unconsciousness, two aeroplanes collide because John did not give the pilots the correct instructions. Did John act for the purpose of the law of delict? Would it make a difference to your answer if John has already b...

QUESTION 1 Discuss the fundamental objectives and characteristics of the Third World Approaches to International Law (TWAIL) scholarship and political action. (25) QUESTION 2 With reference to case law and other authoritative sources of international law, provide a detailed opinion on whether a head of state or representative of foreign government has immunity from international crimes. Your answer must include a description of the position in South Africa. (25) QUESTION 3 Criticall...

QUESTION 1: THE LEGAL PROFESSION 1.1 Read the following advertisement and answer the questions that follow: ADVERT: VACANT POSITION FOR A LEGAL PRACTITIONER (2 POSITIONS) Unisa Law Clinic has just launched a branch in Makhado, Limpopo, which forms part of the College of Law. This newly launched Law Clinic is a justice center accredited by the Legal Practice Council and is statutorily recognised in terms of the Legal Practice Act 28 of 2014 (as amended). UNISA’s Law Clinic requires the s...

MRL2601 October/November 2023 QUESTION 1 1.1 Beauty, Phineas and Samson are three friends who wish to start their own publishing company. While driving one Sunday afternoon, Samson comes across the perfect office building. He wishes to purchase this building on behalf of the proposed company. Advise Samson on the requirements that would need to be adhered to in terms of the Companies Act 71 of 2008 in order to conclude a valid and binding contract on the company’s behalf before its inc...

Chastisement of children – Comparative approach You are working for an international organisation that promotes children’s rights. You have recently received many queries from parents about whether or not they are still allowed to chastise their children after the recent South African Constitutional Court judgment on the matter. Your organisation also has an office in the United Kingdom (UK). You are required to conduct research on the current position of the law pertaining to chastise...

QUESTION 1 Provide your own definition of forensic crime intelligence. (4) QUESTION 2 The study guide discusses several types of crime intelligence. Two of these are tactical and strategic crime intelligence. Q 2.1 Provide your own definitions of tactical crime intelligence and strategic crime intelligence. (5) Q 2.2 In the table below, provide ten differences between these two types of crime intelligence. Add space as needed. (11) Strategic crime intelligence Tactical crime intellig...