STUDY UNIT 2: IGNORANTIA JURIS NON-EXCUSAT

Question 1

DEFINE IGNORANRIA JURIS NON-EXCUSAT

Answer 1

the legal principle that a person who’s unaware of the law may not escape liability for violating the law because of being unaware of the law.

Question 2

RATIONALE DOCTRINE FOR I.J.N.E

Answer 2

if ignorance could be used as an excuse therefore the person charged with the offence would claim unawareness and not be held liable for it.

Question 3

HOW I.J.N.E IS AVOIDED

Answer 3

the law imputes knowledge of all laws to all persons within jurisdiction regardless how transiently it is.

Question 4

PUNISHMENT FOR IGNORATIA

Answer 4

even when people don’t know the law they’re still held liable for the acts as willful blindness cannot be basis of exculpation.

persons need to familiarize themselves with laws of the associations they partake in.

Question 5

FACTORS OF IGNORANTIA

1. LANGUAGE

Answer 5

language is open to interpretation and even simple words need to be interpreted.

Question 6

EXAMPLE OF LANGUAGE FACTOR OF IGNORANTIA

Answer 6

in Ex Parte Dow 1987, a man wanted to annul a marriage as it took place in a garden as the law says that marriage has to be performed “In” a house.

Question 7

FACTORS OF IGNORANTIA

2. CHANGING VALUES

Answer 7

refers to the change in society, tech development & others which cause the law to be adjusted. The laws are changed in the legislation by parliament & judges can also take into account changing values.

Question 8

CHANGING VALUES CASES

Answer 8

1. Tobacco Products Control Act 83 of 93’
2. Clarke v Hurst 92’ - euthanasia issue
3. Van Erk v Holmer - illegitimate children case&raquo_space; birthed Natural Fathers of Children Born Out of Wedlock Ac 86 of 97’