Guidelines and requirements

Question 1

Requirements for standing

Answer 1

1) Must be an allegation that a right is infringed
2) Any person listed in a-e has interest in legal relief

Question 2

What determines the purpose of a right

Answer 2

1) The nature and larger objects of the Bill of Rights
2) The language used to articulate the specific provision
3) Historical origins of the provision
4) The meaning and purpose of other associated rights

Question 3

Determination of rights depends on

Answer 3

1) The nature of the right
2) The nature of the person
3) The way the right is defined

Question 4

Limitation of rights is dependent on:

Answer 4

1) Nature of the right
2) Importance of the purpose of the limitation
3) Nature and extent of limitation
4) The relation between the limitation and its purpose
5) Less restrictive means to achieve the purpose

Question 5

Guidelines for class action

Answer 5

1) Brought to court in which jurisdiction large part of a class falls under
2) Person acting must identify and specify class
3) The person bringing the action need not be part of the class
4) The class must be so numerous that joinder of individual member is impossible

Question 6

Right to freedom means

Answer 6

1) Have religious beliefs
2) Declare religious beliefs openly without hinderance or reprisal
3) Right to manifest religious beliefs via worship and practice,teaching and diseminating

Question 7

Waiver of rights

Answer 7

1) Must be voluntary

2) Must be permissible under limitation clause

Question 8

Unfair discrimination is determined by:

Answer 8

1) Whether the victim was detrimentally affect by past discrmination

2) The legitimacy or otherwise of the purpose of the discrimination

3) The extent which the rights of the victim are infringed

Question 9

Section 167(6): Direct Access
Direct Appeal

Answer 9

1) Interests of justice
2) Leave of the CC

Question 10

167(3): To appeal

Answer 10

1) An arguable point of law
2) General Public importance