Search & Filtering
Question 3
Indicate the correct statement:
Law is always enforced by the state in the society it operates
(1) This statement is true
(2) This statement is false
(3) This statement is true only in relation to constitutional law
(4) This statement is true only in relation to civil law
15. The requirements for the reasonableness of an administrative order of a traditional leader include the following. Which of these does NOT define the reasonableness of the order?
(1) The consequences and effect of the order must be possible.
(2) The rights and freedom of subjects must not be exceedingly burdened by the exercise of discretion.
(3) The consequences and effect of the order must distinguish between age regiments.
(4) There must be no discrimination between individuals or groups, except where the law permits.
. (a) An example of involuntary conduct is a sleepwalker trampling on somebody.
(b) A legal duty to act positively may arise by virtue of the common law.
(a) Copyright protection is given to every possible intellectual creation.
(b) The Copyright Act 98 of 1978 gives us a list of various categories of works that are protected.
(c) If a creation cannot be classified as belonging to one of these categories, it will nonetheless still be protected.
[1] All the statements are correct. [2] All the statements are incorrect. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. [5] Only statement (b) is correct.
A member of the public who feels that a certain advertisement is misleading may --
(a) institute a claim against the advertiser and claim for false disparagement
(b) institute court proceedings against the advertiser on the grounds of passing off
(c) lay a charge at a police station for contravention of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988
[1] Only statement (a) is correct. [2] Only statement (b) is correct. [3] Only statement (c) is correct. [4] Only statements (a) and (c) are correct. [5] Only statements (b) and (c) are correct.
(a) It is a fundamental principle of our law of evidence and criminal procedure that no person should be obliged to incriminate himself or herself (by being forced to answer questions, the answers to which may expose him or her to a criminal charge).
(b) If a journalist refuses to answer questions, a court cannot sentence him or her to a term of imprisonment.
(c) The provisions of section 205 of the Criminal Procedure Act, 1977 is inconsistent with the Constitution of the Republic of South Africa, 1996.
[1] All the statements are correct. [2] All the statements are incorrect. [3] Only statement (a) is correct. [4] Only statement (b) is correct. [5] Only statement (c) is correct.
(a) In a delict, the element of fault can exist as either intention or negligence.
(b) “Damage” can mean that a person can suffer both patrimonial loss and injury to personality.
(c) The word “damages” refers to the harm suffered by a victim.
[1] All the statements are correct. [2] All the statements are incorrect. [3] Only statements (a) and (b) are correct. [4] Only statements (a) and (c) are correct. [5] Only statements (b) and (c) are correct
Law of Succession
Question 1
Wanda and Xavier were married out of community of property with the accrual system. Wanda died intestate and left her husband, Xavier, as well as the following surviving relatives:
Her son, Ben. Ben was born out of wedlock from a relationship she had before she got married.
Her daughter, Francis, born from her first marriage to Yoda. Francis refused to inherit from her mother.
Francis’ son Gerald. Her granddaughter, Dina, the daughter of her predeceased daughter Celeste, who was born from her marriage to Xavier.
Her son, Evert, born from her marriage to Xavier.
Her mother, Mary. Wanda’s estate is worth R500 000 and she is entitled to R100 000 accrual from Xavier’s estate.
Calculate how Wanda's estate is going to devolve, giving reasons for your calculations. If a relative will not inherit, explain why this is so.
Family Law
Mr and mrs monama married subject to the accrual system in 2010 and got divorce last week. When they married mr monama had a study debt of R10 000 and no assets while mrs monama had cash savings in the amount of R10 000 and no debts.mrs monama's cash savings were declared in the spouses antenuptial contract. Suppose that according to the weighted average of the consumer price index, the money was worth twice as much as the commencement of the marriage as at its dissolution
2. What amount must be used as the commencement value of mrs monama's estate at the time of the divorce? Briefly explain
Family Law
Question 1 Mr and Mrs Sisulu entered into a civil marriage subject to the accrual system ten years ago. Mrs Sisulu resigned from her job as a teacher after the Sisulus’ only child, Lerato, was born. Lerato lives with severe physical and mental disabilities and requires constant care, which Mrs Sisulu provides to her. Lerato is eight years old now. The Sisulus live in a house Mr Sisulu inherited from his father. The house has been extensively adapted to accommodate Lerato’s needs. Two weeks ago, Mr Sisulu discovered that Mrs Sisulu has been having an affair with the father of one of Lerato’s school friends. Mr Sisulu has instructed Mrs Sisulu to move out of the matrimonial home with immediate effect. Fully advise Mrs Sisulu whether Mr Sisulu may eject her from the house.Very important: Your answer to Question 1 will be evaluated according to the following marking rubric: Evaluation criteria . Identifying the problem. Discussing the relevant law applicable to the problem
