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Exam SCW UNISA

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  • September 23, 2014
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  • 2013/2014
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Available practice questions

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Some examples from this set of practice questions

1.

Name and discuss two examples of a personality right​(2)

Answer: If someone is punched her/his right of bodily integrity will be infringed and she/he can claim damages for his/her personality property. If someone swears in public - he/she can claim damages to his/her good name or reputation.

2.

Mrs Schoeman wants to file for a divorce She approaches Mrs Nkosi, an ​attorney of Johannesburg to explain to her what her legal position is She also ​asks her to represent her in court Which sources of South African law will Mrs ​Nkosi use relating to the divorce of Mrs Schoeman? Name the authoritative (binding) sources and discuss each source briefly​(6)

Answer: Legislation- authoritative source of law - rules laid down by governing bodies like parliament, local authorities-must first be consider any legal legislation on the matter Case law- previous decisions regarding divorce cases, also very NB and of binding effect. Common law- refers to law of RSA that not contained in legislation, must be consult it as its binding -as there is aplicable legislation

3.

​Mpho and Thabo conclude a contract of employment Clause 8 of the contract, states that should any dispute arise between them, they should first try and resolve the dispute by means of mediation. Give a definition of mediation​(2)

Answer: It is the process by means of which disputing parties try to reach a agreement on some matter, or at least reduce conflict between them, during process assisted by another person =Mediator

4.

Discuss two advantages of mediation​(2)

Answer: -parties that choose mediation usually do reach a agreement -agreements reached through mediation longer lasting than ones reached by litigation (not proven) -parties in control of process- not during litigation (not proven) -saves time and money (not proven)

5.

Discuss two disadvantages of mediation​(2)

Answer: -takes place behind closed doors -no record is kept of proceedings (-outcome extremely uncertain -mediators not accountable for outcome -it tends to downplay legitimate grievances of parties)

6.

The following is a case reference Van Erk v Holmer 1992 (3) SA 25 (SCA) Explain what each component of the reference refers to For example. Van Erk v Holmer Name of the case (parties involved)​(5)

Answer: 1992- date case was reported in (3)- in the 3rd volume of that year SA- South African law reports in which series it appears 25- page number on which report starts (SCA)-Supreme court of appeal, court where case was heard

7.

Under which circumstances may an advocate represent a member of the public in court?​(1)

Answer: Only when briefed and instructed by attorney

8.

Define a civil case and include some of the causes for civil proceedings.​(4)

Answer: A action or application between two parties (legal subjects) known as plaintiff and defendant (in action proceedings) or as applicant and respondent (application proceedings) Causes: -claims for damages -divorce cases -non-payment for goods or services -validity of a contract or will -violation of right of individual/community

9.

Two procedures can be used to institute to institute a civil case, namely the ​action procedure and the application procedure Discuss these two procedures (4)

Answer: Action procedure: called plaintiff and defendant, followed where there is fundamental/material dispute about the facts. Commences when plaintiff institutes an action by issuing a summons to defendant Application procedure: Parties called applicant and respondent. Application procedure commences when applicant issues a notice of motion, applicant affidavit usually attached to notice of motion, mostly used when no real factual dispute between parties (for example stop them from doing something- like building a wall or stop a neighbor from making noise)

10.

Briefly discuss the role of attorneys and advocates as legal representatives and officers of the court​(5)

Answer: Attorney- general practitioner of legal profession, has direct contact with client and undertakes day2day business Advocates- mostly specialize in litigation, arguing clients case in court Both: -must bring all relevant facts to court, facts that are bearing on the case, to knowledge of court -has to protect client against irrelevant/malicious allegations -if evidence put before court, legal representative has to try and find evidence in rebuttal (if any exists) to present to court Act as legal representatives not only act in service of client. As officers of court they have duty to ensure justice is done. May not knowingly allow client or witness to give false evidence

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