Questions Deck 6 Flashcards
201 -the power of the teaching profession lies in a national ministry and department of education
TRUE (1)
202 -a school- as natural person- exists separately from the school buildings- school grounds- learners- educators or the schools parents
FALSE (2)
203 -the formal sources of the law are the constitution- legislation- common law + case law (judicial precedent)
TRUE (1)
204 -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)
205 -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)
206 -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)
207 -the principal of a public school may be the chairperson of the governing body
FALSE (2)
208 -if an educator administers corporal punishment to a learner- the parents may sue the school + not the educator
FALSE (2)
209 -the schools act states that the educators of a public school must form the majoruty of members on the governing body
FALSE (2)
210 -dismissal means that an employer has terminated a contract of employment with / without notice
TRUE (1)
211 -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)
212 -a fiduciary relationship measn that the governing body of a public may compete with the schools interests + activities
FALSE (2)
213 -instruction theory is concerned with the ethical principle of a profession
FALSE (2)
214 -professional consciousness of the educators start during the training years
TRUE (1)
215 -SACEs mission is to enhance the status of the teaching profession
TRUE (1)
216 -**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)
217 -formal law is not one of the main branches of SA law
FALSE (2)
218 -public school is a natural person with legal capacity
FALSE (2)
219 -Nemo iudex in sua causa means no one may be judge in his own case
TRUE (1)
220 -in loca parentis implies inter alia that the educator accepts the responsibilities only for the intellectual development of the child
FALSE (2)
221 -legislation is interpreted against the backgroun of the consitution
TRUE (1)
222 -stare decisis principle refers to the reason for the court judgement as indicated in the law report
FALSE (2)
223 -constitutional law is the law that is concerned with the origin- existence + status of a legal subject
FALSE (2)
224 -one of the objectives of the natioanl education policy at 27 of 1996 is to provide for the monitoring &, evaluation of education
TRUE (1)
225 -a public school is a natural person without legal personality
FALSE (2)
226 -the main purpose of the SA schools act 1996 is to provide a uniform system for the organisation- governance _ funding of schools
TRUE (1)
227 -HOD is required to formulate the admission policy of the school
FALSE (2)
228 -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)
229 -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)
230 -remuneration of the profession should enable the educator to maintain a high std of living
FALSE (2)
