Ed Law T/F Questions Flashcards
a professional code of conduct creates ethical standards
TRUE (1)
professioanl consciousness of the educator starts during the trianing years
TRUE (1)
professional image of the educator starts during the training years
TRUE (1)
the main objective of appraisal is to measure the development of educators
FALSE (2)
in 1998 the education labour relations council (ELRC) approved a management model for the appraisal of educaors in the work situation
TRUE (1)
the organised teaching profession included the various teaching councils- teachers associations & teachers unions that look after the common interests of educaors- such as status- progessionalism + work conditions
TRUE (1)
national professional teachers organisation (NAPTOSA) is a mouthpiece for its members at regional level
FALSE (2)
teachers association are voluntary associations with their own constitution and organizational structure
TRUE (1)
SACE’s mission is to enhance the status of the teaching profession
TRUE (1)
teaching councilspromote cooperation by protecting the interests of the community with regard to service by the teaching profession
TRUE (1)
the principal is a juristic person because he / she is vested with state authority
FALSE (2)
a delict is an unlawful act by means of which the State violates the rights of a private person
FALSE (2)
courts can udge cases according to principles + societal rules + norms which are not recorded
TRUE (1)
if a learner’s parents want to appeal against his expulsion they should appeal to the MEC who is responsible for education n a province
TRUE (1)
formal law comprised the legal rules that describe the prcedures according to which material law can be enforced
TRUE (1)
criminal law is the law that is concerned with the origin- existence + status of a legal subject
FALSE (2)
administrative law is the law that organised the daily business / administration of government
TRUE (1)
section 39(1) of the constitution supports a textual approach to the interpretation of statutes
FALSE (2)
merely slowing down obstructing work is regarded as a strike action
TRUE (1)
an act- adopted ny the provincial legislature is subordinate legislation
FALSE (2)
ultra vires means ‘beyond legal authority’
TRUE (1)
in loco parentis means to be as CAREFUL as a concerned father
FALSE (2)
in the case S V Willemse + others 1988(3) Sa 836 (A) S was the appellant
TRUE (1)
section 39(1)supports functional approach to statutory interpretation
FALSE (2)
education law exercises professional discipline
FALSE (2)
education law facilitates and regulate behavior
TRUE (1)
education law defines the perimeters within which education activities are performed
TRUE (1)
education law determines power +duties of functionaries
TRUE (1)
the fact that there is fiduciary relationship between the school and the governing body means that the governing body carries our its duties + functions in the best interest of the school
TRUE (1)
the fact that there is fiduciary relationship between the school and the governing body means that the governing body must discipline the educators
FALSE (2)
the fact that there is fiduciary relationship between the school and the governing body means that the governing body must control all school activities
FALSE (2)
the school where he / she is appointed- is the employet of an educator who is appointed to a non-subsidised post at a public school
TRUE (1)
according to the labour relations act 66 of 1995- educaotrs are considered to be part of the broad civil service
TRUE (1)
the labour relations act 66 of 1995 made provision for the establishment of an educator labour relations council (ELRC)
FALSE (2)
the procedures to be followed before a person may strike (as set ot in the labour relations act 66 of 1995) are not applicable when a erson wants to take part in a secondary strike
FALSE (2)
in terms of the employment of educators act 76 of 1998 an educator must be dismissed if he is suspected of having drugs in his possesion
FALSE (2)
according to the labour relations act 66 of 1995 consultation with regard to retrenchments should result in agreement on the method for selectin the employees to be retrenched
TRUE (1)
according to the labour relations act 66 of 1995 consultation with regard to retrenchments should result in agreement on ways to limit the harsh effects of retrenchment
TRUE (1)
according to the labour relations act 66 of 1995 an employer must pay a retrenched employee severance pay equal to at least one months pay for every completed year of continuous service
FALSE (2)
in terms of the labour relations act 66 of 1995 an employee strikes if an emplpyee refuses to wrok because he is unhappy with his working conditions
FALSE (2)
in terms of the labour relations act 66 of 1995 the retardation of work by a group of employees constitutes a strike
TRUE (1)
in terms of the labour relations act 66 of 1995 obstruction of work by an employer constitutes strike
FALSE (2)
the duty / responsibility of an educator towards a learner is to serve as a mouthpiece for learners
FALSE (2)
the duty / responsibility of an educator towards a learner is to evaluate + provide feedback on learners wrok
TRUE (1)
the duty / responsibility of an educator towards a learner is to exhibit an ethic of concern
TRUE (1)
the duty / responsibility of an educator towards a learner is to provide opportunity for the development of abilities + talenst of learners
TRUE (1)
the concept organised teaching profession refers inter alia to departmental control over the teaching progession
FALSE (2)
the concept organised teaching profession refers inter alia to organising of strikes by educators
FALSE (2)
the concept organised teaching profession refers inter alia to the establishment of a national education department
FALSE (2)
a professional partnership is an agreement between autonomous partners
TRUE (1)
a professional partnership is expressed in teamwork
TRUE (1)
a professional partnership is about maintainin sovereignty in one’s own field
TRUE (1)
the concept collective orientation with regard to the teaching profession refers to specialised training
FALSE (2)
the concept collective orientation with regard to the teaching profession refers to in service training
FALSE (2)
the concept collective orientation with regard to the teaching profession refers to unspoken knowledge
FALSE (2)
the concept collective orientation with regard to the teaching profession refers to a service motive which is interwoven with (and forms part of )the devotes + responsible actions of a practitioner of an occupation
TRUE (1)
an ethical leader reveals value-based thoughts- words + actions
TRUE (1)
an ethical leader should be a role model
TRUE (1)
an ethical leader is characterised by unresponsiveness to the proposals of other
FALSE (2)
the main objective of appraisal is to measure the development of educators
TRUE (1)
appraisal comprised interaction with apprasisal panels
TRUE (1)
appraisal include self-evaluation
TRUE (1)
professional ethics have to do with an imposed professiona code of conduct
TRUE (1)
professional ethics refer to right + wrong practices with regard to the teaching profession
TRUE (1)
to understand prfessional ethics- the essential characteristics of a profession must be taken into consideration
TRUE (1)
educators can be replaced by computers
FALSE (2)
educators need only display a professionally dignified image at school while busy teaching and educating
FALSE (2)
educators only have a professional duty towards the department of education as their employer
FALSE (2)
an ethical leader is edpected to display value-based ideas- words + actions
TRUE (1)
the educator as an ethical leader is a role model
TRUE (1)
the vision of an educator as an ethical leader inspires + embodies the mission of society
TRUE (1)
without responsible educators as ethical leaders a societ has a generally ethical vision + mission
FALSE (2)
in 1998 the ELTC approved a management model for the appraisal of educators in the work situation
TRUE (1)
appraisal has nothing to do with the annual appraisal for salary adjustments
TRUE (1)
educators have to analyse their perormance in terms of goal achievement on a continuous basis
TRUE (1)
in practice only educators from different school work together to find solutions to problems in practice
FALSE (2)
morality relates to the ethical principle of a profession
TRUE (1)
a professional code of conduct impresses ethical behaviour upon the educator
TRUE (1)
a professional code of conduct protects + promotes the rights + obligations of members of the profession
TRUE (1)
a professional code of conduct is responsible for the training of educators
FALSE (2)
all educators hae to register with SACE before appointment to a teaching post
TRUE (1)
SACE is not involved in establishing committess
FALSE (2)
examples of natural persons are companies- bank- universities + public schools
FALSE (2)
a delict is a LAWFUL act committed by a person that violates the rights of another person
FALSE (2)
legislation is law made by an organ of the state vested with legislative authority
TRUE (1)
the ultra vires principle is a common law principle derived from english law- which concerns the validity of a managerail act
TRUE (1)
in loco parentis implies that the parent is replaced durng official school hours because the parent delegates the parental authority to educators- who then have delegated authority
FALSE (2)
an educator who is employed at a public school may represent parents on the school governing body of that chool
FALSE (2)
in cases where the governing body fails to perform its functions properly- the principal of a public school may appoint suficient persons to act in the place of the governing body for a period not exceeding three months
FALSE (2)
professional ethic ref to the ethics- norms + moral rules orinciples that are applied to those practising a particular profession
TRUE (1)
a professional code of conduct can be enforced by law
TRUE (1)
the unions contributed to the formation of SACE’s code of conduct since they are members of the ELRC
TRUE (1)
the ELRC is considered to be the first bargaininig mechanism that the teaching secor has ever has + it currently gives the organised teaching profession improved negotiating status
TRUE (1)
educational stakeholders are all the people- institutions- bodies + organisations who have an interest in / participate in / make a contribution to any aspect of education
TRUE (1)
an ethical leader is expected to display value-based ideas- words + actions while making the necessary decisions to ensure that the aims + objectives of a society are realised
TRUE (1)
a partnership in teaching is also an agreement between autonomous parties
TRUE (1)
the professional relationship between educaors + learners can also be tested in terms of the Bills of Rights
TRUE (1)
moral philosophy is the science of studying peoples ethical judgement
TRUE (1)
the primary aim of a professional code of conduct is to make the parents aware of the importance of ethical behavious
FALSE (2)
an appropriate progessional code of conduct replaces the personal accountability of each individual hor his personal deicisons + actions
FALSE (2)
the rights + duties of educators play no role in their professional relationship
FALSE (2)
the main aim of education labour relations council (ELRC) is to facilitate negotiations concerning salaries + general working conditions between educators + their employers
FALSE (2)
the purpose of appraisal with regard to educators is toe assess the educator for an annual individual salary increase
FALSE (2)
SACE + organisations like NAPTOSA- SADTU + SAOU function at provincial level
FALSE (2)
the power of the teaching profession lies in the expertise of the professional practitioner and his willingness to make this available to the community in a selfless manner
TRUE (1)
the progessive’ of ‘emergent’ teachers organisations and the ‘established’ or ‘traditional ‘ teachers organisations- took the lead in the devate on the establishment of a single- national teachers organisation
TRUE (1)
a legal subject is personal iuris- that is- a person in the eyes of the law + as such the bearer of rights + duties
TRUE (1)
in law- the term ‘person’ refers only to a human being
FALSE (2)
the law of process is the set of legal rules that prescribe the procedures that must be followed when an act- regulation / rule is contravened / broken
TRUE (1)
legislation which is in conflict with the constitution may not be stuck down bt the courts
FALSE (2)
common law is made up of legal rules which were wrtiten down+ which have over time become accepted as the underlying basic lawe of society
FALSE (2)
if a governing body suspends a learner + they appeal- the GB maty not handle the appeal. This is an e.g of the nemo iudex in sua causa principle
TRUE (1)
being resonable + making provision for possible consequences are the criteria that the courts use to determine whether negligence is at issue
TRUE (1)
educators can possibly be found guilty of negligence if they fail to aid an injured learner during offical school hours
TRUE (1)
because corporal puncihment is regarded as curel- inhuman _ degrading- administering it will be regarded as an infringement of the learners right to human dugnity as well as his / her right to freedom + security of the person
TRUE (1)
the admission policy of a public school is determined bt the NATIONAL department of edu in terms of section 5(5) of the schools act
FALSE (2)
the minister of education may lay down rules- norms + std’s for the language policy in public schools
TRUE (1)
parents may not withdraw their children from religious education classes + other religious activities in public schools
FALSE (2)
suspension means the premanent ending of a learners right to attend a particular school
FALSE (2)
section 10a of the schools act makes provision for participation in initiation practices at public schools / hostels accomodating learners of public schools
FALSE (2)
a fiduciary relationship means that the governing body of a public school may compete with the schools interests +activities
FALSE (2)
a compulsory task of the governing cody of a public school is to adopt the mission statement of the school
TRUE (1)
a fiduciary relationship means that the governing body of a public school may compete with the schools interests + activities
FALSE (2)
if a parent refused to pay school fees- the governing body of a public school may exclude the learner from the school until his parent has paid school fees
FALSE (2)
an educattor in service f a public school who refuses to do the work of another educator who was on strike is a reason for a fair dismissal
TRUE (1)
to provide opportunities for the development of the abilities + talents of learners cannot be regarded as a duty / responsibility of an educator towards a learner
FALSE (2)
the concept ‘organised teaching progession’ refers inter alia to the organisation of activities that relate to onditions of service+ the professional interests of educators
TRUE (1)
a professional partnership reduces pressure because if one partner neglects to do his part- the other partner has to accept responsibility
FALSE (2)
members of organised teaching profession are always the most important persons around whom everthing revolves in any teaching partnership
FALSE (2)
appraisal does not include apprasial by a colleague
FALSE (2)
professional ethics differ from profession to profession
FALSE (2)
educators define the status of their profession through their behaviour inside + outside the school
TRUE (1)
the fact that remuneration of the profession should enable the ducator to maintain a high standard of living is NOT a valid criterion for the evaluation of teaching as a true profession
FALSE (2)
the concept ‘ethics’ refers to the science of norms
FALSE (2)
The progessive and the traditional teachers organisations are the 2 main groups with regard to the organised teaching profession that tok the lead in the Harare debate on the establishment of a single- national teachers organisation
TRUE (1)
the structuring of a single- national tachers organisation was the mian discussion point during the Harare debate
TRUE (1)
a professional code of conduct impresses ethical behaviour upon the educator + is regarded as an aim of a professional code of conduct
FALSE (2)
private law governs the vertical- unequal relationship between two private persons
FALSE (2)
if a learner’s parents want to appeal against his expulsion they should appeal to the HOD
FALSE (2)
a parent who previously had a child in the school can be the chairperson of the governing body of that school
FALSE (2)
audi alteram partem means ‘ no one may be judge in his own case”
FALSE (2)
education law can be defined as legal rules from the constitution + other statute law which have in common the fact that they have to be applied in education
TRUE (1)
stare decicis refers to the principle that a previous court judgment can influence a later one
TRUE (1)
The court case S V Willemse + others 1988 (3) SA 836 (A) was a civil case on appeal
FALSE (2)
Section 39 (1) of the constitution makes provision that when interpreting the Bill of rights- courts have to promote the values that underlie an open and democratic society
TRUE (1)
the principal and educators are responsible for drawing up a code of conduct for learners in school
FALSE (2)
the fact that there is fiduciary relationship between the school and the governing body means that the governing body has to act in good faith
TRUE (1)
the principal is the employer of an educator who is appointed to a non-subsided post at a public school
FALSE (2)
If miss P secretly uses the schools printer over weekends to print her dissertation- this could be regarded as misconduct in terms of section 18 of the employment of educators act 76 of 199
TRUE (1)
according to the labour relations act 66 of `995 educators are considered part of the broad civil service
TRUE (1)
in terms of the employment of educators act 76 of 1998 an educator must be dismissed if he is found guilty of theft
TRUE (1)
according to the labour relations act 66 of 1995 consultation with regard to retrenchment should result in agreement on ways of avoiding retrenchment
TRUE (1)
an educator who seldom prepares for his lessons + gives learnes homework to keep them busy while he fills in crosswords puzzles can be dismissed on the ground of incapacity
FALSE (2)
in terms of the labour relations act 66 of 1995 an action can only constitute a stike if it consists of the complete refusal of the employees to wrk
FALSE (2)
nemo iudex in sua causa means ‘to hear the other side’
FALSE (2)
an ethical leader has a vision that inspires + expresses the mission of the social structure
TRUE (1)
a professional code of conduct impresses ethical behaviour upon the educator and is regarded as an aim of a progessional code of conduct
FALSE (2)
NAPTOSA is a mouthpiece for its members at provincial level
FALSE (2)
SACE has the power to advise the minister on any relevant matter
TRUE (1)
SACE is a statutory body
TRUE (1)
the concept ‘ collective orientation’ with regard to the teaching profession refers to a sercice motive that is interwoven with (and forms part of) the devotes + responsible actions of a practitioner of an occupation
TRUE (1)
Section 39 (1) of the constitution supports a functional appriach for the interpretation of statutes
TRUE (1)
an act that is adopted bt the provincial legislature is subordinate legislation
FALSE (2)
constitutional law is the law that is concerned with the origin- existence + status of a legal subject
TRUE (1)
stare decicis refers to a brief summary of the facts of the case + judgment
TRUE (1)
the governing body of the school is responsible for drawing up a code of conduct for learners in the school
TRUE (1)
the governing body is the employer of an educator who is appointed to a non-subsidised post at a public school
FALSE (2)
according to the labour relations act 66 of 1995 educators may strike over unresolved disputes about unfair disciplinary actions
FALSE (2)
the procedures that should be followed before a person may strike- are not applicable when a person wants to take part in a secondary strike
FALSE (2)
an educator must be dismissed if he is suspected of having a sexual relationship with a learner at the school where he is employed
FALSE (2)
if an educator loses his temper + pushes one of the girls in his class so hard that she falls off her chair- he could be dismissed on the ground of incapacity
FALSE (2)
to exhibit an ethic of concern can be regarded as a duty / responsibility of an educator towards a learner
TRUE (1)
the concept ‘organised teaching progession’ refers inter alia to the departmental control over the teaching profession
FALSE (2)
the concept ‘ collective orientation’ with regard to the teaching profession refers to specialised training
FALSE (2)
the educators are always the most important persons around whom everthing revolves in any teaching partnership
FALSE (2)
appraisal included self evaluation
TRUE (1)
a profession requires sustained research + in-service training + these can be regarded as valid criteria for the evaluation of teaching as a true profession
TRUE (1)
it is expected of the educaor as an ethical leader to display value-based ideas- words + actions
TRUE (1)
The progressive and the Upcoming teachers organisations are the 2 main groups with regard to the organised teaching profession that tok the lead in the Harare debate on the establishment of a single- national teachers organisation
FALSE (2)
the establishment of a single- national teachers organisation was the main discussion point during the Harare debate
TRUE (1)
the following statement is not an aim of a professional code of conduct ‘a professional code of conduct is responsible for the training of educators’
TRUE (1)
the power of the teaching profession lies in a national ministry and departmen of education
FALSE (2)
NAPTOSA is a mouthpiece for its members at REGIONAL level
FALSE (2)
SACE has the power to appoint educators
TRUE (1)
law creates order in a harmonious way in society as a whole + also in specific relationships
TRUE (1)
educators are not expected to know what their legal accountability is in terms of extra mural activitites
FALSE (2)
law of evidence is one of the main branches of SA law
FALSE (2)
a public school is a juristic person which participates in legal activities through its functionaries
TRUE (1)
provincial proclamations + regulations legislations is regarded as subordinate legislation
TRUE (1)
the difference between an act + a regulation lies theirin that an act is promulgated bt the legislatre- while a regulation is issued by a minister
TRUE (1)
the following condition is provided for by means of the audi alteram partem rule. A person who is accussed / suspected of misbehaviour must be informed of the accusations against him
TRUE (1)
a stare decisis principle refers to a brief summar of the material facts of the case + the judgment
FALSE (2)
ratio decidendi refers to the reason for a court judgment as indicated in a law report
TRUE (1)
an educator can be dismissed is he refuses to join a teachers union
FALSE (2)
the term person refers only to natural persons- that is- human beings
FALSE (2)
a guardian of a learner at school who is not employed at the school may be the chairperson of the governing body of a specific school
TRUE (1)
a fiduciary relationship means a relationship between equal partners
FALSE (2)
the employer of an educator who is appointed in a non-subsidised post in a public school is the school where he is appointed
TRUE (1)
a learner may be exempted from complying with certain provisions of the schools code of conduct provided that his actions are in line with the schools act
FALSE (2)
appraisals includes self-evaluation
TRUE (1)
the power of the teaching profession lies in a national ministry and department of education
TRUE (1)
a school- as natural person- exists separately from the school buildings- school grounds- learners- educators or the schools parents
FALSE (2)
the formal sources of the law are the constitution- legislation- common law + case law (judicial precedent)
TRUE (1)
the legal principle- which is known as stare decisis principle is based on the effects that previous court judgments have on later judgments
TRUE (1)
the interpretation of statutes involces the rules + principles that are used to determine the correct meaning of legislation + to apply it in a practical situation
TRUE (1)
the stare decisis principle means that udgment of a higher court are binding for lower courts + that lower courts are obliged to follow the precedent created by such judments
TRUE (1)
the principal of a public school may be the chairperson of the governing body
FALSE (2)
if an educator administers corporal punishment to a learner- the parents may sue the school + not the educator
FALSE (2)
the schools act states that the educators of a public school must form the majoruty of members on the governing body
FALSE (2)
dismissal means that an employer has terminated a contract of employment with / without notice
TRUE (1)
an educator in servie of a public school who refuses to do the work of another educator who was on strike is a reason for a fair dismissal
FALSE (2)
a fiduciary relationship measn that the governing body of a public may compete with the schools interests + activities
FALSE (2)
instruction theory is concerned with the ethical principle of a profession
FALSE (2)
professional consciousness of the educators start during the training years
TRUE (1)
SACEs mission is to enhance the status of the teaching profession
TRUE (1)
**education law may be defined as legal rules form the common law which have in common the fact that they have to be applied in education
TRUE (1)
formal law is not one of the main branches of SA law
FALSE (2)
public school is a natural person with legal capacity
FALSE (2)
Nemo iudex in sua causa means no one may be judge in his own case
TRUE (1)
in loca parentis implies inter alia that the educator accepts the responsibilities only for the intellectual development of the child
FALSE (2)
legislation is interpreted against the backgroun of the consitution
TRUE (1)
stare decisis principle refers to the reason for the court judgement as indicated in the law report
FALSE (2)
constitutional law is the law that is concerned with the origin- existence + status of a legal subject
FALSE (2)
one of the objectives of the natioanl education policy at 27 of 1996 is to provide for the monitoring &, evaluation of education
TRUE (1)
a public school is a natural person without legal personality
FALSE (2)
the main purpose of the SA schools act 1996 is to provide a uniform system for the organisation- governance _ funding of schools
TRUE (1)
HOD is required to formulate the admission policy of the school
FALSE (2)
the governing body is the employer of an educator who is appointed in a non subsidised post in a public school
TRUE (1)/FALSE (2)
an educator recognises that an educational institution serves the community + therefore acknowledges that there will be diff customs- codes + beliefs in the community
TRUE (1)
remuneration of the profession should enable the educator to maintain a high std of living
FALSE (2)
