Chapter 1

Question 1

What is law?

Answer 1

Law is a set of roles made by a body of authority to control and regulate behaviour in society. Law tells us of legal rights duties and obligations.

Question 2

What is the role of the Constitution of the Republic of South Africa?

Answer 2

It sets out and regulates the powers and functions of the government.

Question 3

What are the three organs of the State?

Answer 3

The State’s power is divided into three arms or organs, namely, the legislature, the executive and the judiciary.

Question 4

Why is the power divided into three organs of state?

Answer 4

To prevent any one of the organs from wielding too much power and becoming oppressive.

Question 5

What is the function of each organ?

Answer 5

The legislature is responsible for making laws and legislation.
The executive is responsible for putting legislation into practice.
The judiciary is responsible for interpreting and applying law.

Question 6

What is the difference between natural persons and juristic persons?

Answer 6

Natural persons are human beings while realistic persons are entities to which the law gives legal rights, duties and obligations.

For natural person’s legal personality begins at birth and ends upon death. While for a juristic person, legal personality begins when the entity is incorporated and terminates when the entity is deregistered.

Question 7

Define legal capacity.

Answer 7

Legal capacity refers to the ability of a person in law to exercise legal rights.

Question 8

Define a legal object.

Answer 8

A legal object is an object that has economic value and in which a legal subject can have legal rights duties and obligations.

Question 9

A few examples of legal objects are personality property and performance, explain these.

Answer 9

Personality property refers to the elements of a person’s personality, everyone has a right to dignity, a good name and a good reputation.

Performance refers to an act by a natural person in terms of which something is done, given or not done.

Question 10

What is the difference between personal and real rights?

Answer 10

Personal rights are rights that can be exercised against specific persons only. While real rights can be enforced against the whole world, example ownership.

Question 11

Define common law.

Answer 11

The law that has been inhaled from other legal system and has been developed over time is known as common law. South African common law comes from Dutch and English law.

Question 12

What is the difference between constitutional supremacy and parliamentary sovereignty?

Answer 12

Constitutional supremacy ensures the protection of fundamental human rights for all. While, under parliamentary sovereignty the law from parliament was considered as too important to be interfered with.

Question 13

What are the sources of law in South Africa?

Answer 13

Primary sources are:
The constitution, legislation, common law, customary law, custom, judicial precedent.
Secondary sources are:
International law, foreign law and modern writing.

Question 14

True or false: primary sources of law are legally binding in a dispute while secondary sources are persuasive in value.

Answer 14

True

Question 15

Legislation consist of two houses, name them.

Answer 15

National Assembly and the National Council of provinces.

Question 16

Define delegation of legislative power.

Answer 16

This is where a law making body gives someone else the power to make a law.

Question 17

True or false: the common law rules and principles have been written down in legislation.

Answer 17

False

Question 18

What is ratio decidendi?

Answer 18

It is that part of a judgement that binds future court decisions.

Question 19

Define public international law.

Answer 19

It is the law that primarily applies between countries.

Question 20

Define foreign law.

Answer 20

Foreign law is the law of the countries and it is not binding in South Africa.

Question 21

Differentiate between criminal and civil cases in terms of Background, dominant parties, and standard of proof.

Answer 21

Civil cases arise when one party negligently and unlawfully causes damage, loss or harm to another party while, criminal case arise when a person intentionally and unlawfully breaks a law.

The dominant party in a civil case is the plaintiff who institutes the legal action against the defendant while, in a criminal case the state is the dominant party and prosecute the accused person.

Standard of proof in a civil case is balance of probabilities and in a criminal case is beyond reasonable doubt.

Question 22

Define delict.

Answer 22

A delict as a civil wrongdoing wherein one party can be held liable for compensation for unlawfully causing harm to another party.