Module: Introduction to Law: INL100
PROGRAM
:
NATIONAL DEGREE
B ACC
SUBJECT
:
INTRODUCTION TO LAW 100
CODE
:
INL 100
DATE
:
WINTER AEGROTAT EXAMINATION 2018
DURATION
:
2 HOURS (ADDITIONAL 15 MINUTES
READING TIME)
TOTAL MARKS
:
100
EXAMINERS
:
MS M PILLAY AND MR G BOUWERS
MODERATOR
:
PROFESSOR DS DE VILLIERS
NUMBER OF PAGES :
4 (FOUR) PAGES INCLUDING THE COVER PAGE
INSTRUCTIONS
WRITE LEGIBLY
NUMBER YOUR ANSWERS CAREFULLY
:
Page 1 of 4
Module: Introduction to Law: INL100
QUESTION 1
[10]
Explain the following terms/abbreviations:
1.1
1.2
1.3
1.4
1.5
Adjective law;
Law of the Twelve Tables;
Digesta;
Statute;
Custom.
(2)
(2)
(2)
(2)
(2)
QUESTION 2
[15]
Read the following set of facts and identify the legal object, subjective right and provide a
reason for your answer. For example: 1.1 Fact in scenario below: Thing- Real right- X is
deprived of her ownership.
Rudy buys a townhouse in a security complex. His new neighbours are quite loud and
aggressive. He very politely asks them to be quite and abide by the rules of the estate. They
ignore him and tell him that they can do whatever they want to. He reports them to security
and they keep quite after the security guards visit them. That night his car is broken into and
all the windows are shattered. The following night his car is stolen. Rudy happens to see
his car parked in his neighbour’s garage. He knocks on the door and his neighbour hits him
over the head with a baseball bat. He is kept captive for 5 days until he is rescued by the
police. He decides to write a novel about his experiences. His book becomes a best-seller.
He is subsequently employed by a publishing house.
QUESTION 3
[6]
Carlos has just passed all of his exams after serving his articles of clerkship. He now wants to
be admitted as an attorney.
3.1
What form of civil procedure will apply in this matter and why? Discuss fully.
(3)
3.2
What type of application will the above qualify as and why?
QUESTION 4
(3)
[6]
The Constitutional Court hears a matter. The majority of judges agree on the outcome of the
case and the reasons for their decision. This is known as a majority judgment. Fully discuss
the other types of judgments that can be handed down.
QUESTION 5
[13]
Camilla and Wendy are talented ballerinas. They have danced together since high school.
Both have been accepted into the South African Ballet theatre. Camilla gets the lead in the
Christmas ballet, while Wendy is only an understudy. Wendy is furious at not having been
chosen. She starts spreading lies about Camilla using drugs and having an affair with her
married dance partner. As a result of these rumours and to avoid any potential scandals,
Camilla is fired from her job as a dancer. Wendy subsequently gets the lead. Camilla is furious
Page 2 of 4
Module: Introduction to Law: INL100
and decides to institute a claim against Wendy. Wendy feels that she is the better ballerina
and has said nothing wrong.
5.1
What form of civil procedure will apply in this matter and why? Discuss fully.
(3)
5.2
List the reasons why pleadings are exchanged between the parties in a civil
matter.
(3)
5.3
Explain the difference between a notice of intention to defend and a plea as well
as who needs to draft these documents.
(5)
5.4
Explain what is meant by the term “absolution from the instance”.
QUESTION 6
(2)
[40]
After hearing her neighbours arguing one evening, Mandy calls the police in order to
investigate the matter. On their arrival at the complex, a frantic Mandy informs the police that
she heard what sounded like a couple quarrelling. She states that the dispute became
progressively more intense. Mandy asserts that at one stage the woman pleaded with the man
to leave, before a loud bang went off. On entering the premises where the alleged incident
occurred, the police find a blood-soaked Peter, sitting on the floor with a gun beside him. When
they enter the bedroom, they discover a woman on the bed with a gunshot wound to her chest.
After establishing that the woman had succumbed to her injuries, the police proceed to place
Peter under arrest for the murder of his wife, Sarah. With regard to these facts, answer the
following questions:
6.1
You are the legal representative of the accused. Explain the possibility of a plea
agreement to your client, outlining the requirements, procedure and implications
attached to a plea agreement.
(7)
6.2
The State intends to prove that Peter acted with intent, when he shot Sarah.
Identify and discuss the various forms of intention.
(6)
6.3
While discussing the incident with you, Peter explains that the only reason for
shooting Sarah was because she threatened to file for divorce. What would your
advice to Peter be regarding a possible defence? Discuss fully.
(3)
6.4
From your communications with Peter, you get the impression that he is
apprehensive about disclosing certain facts. This may prejudice your ability to
provide your client with proper legal advice. Why should Peter feel free to discuss
the matter with you with absolute frankness?
(3)
6.5
Peter’s trial commences on the 5 July 2018. In each instance below name the type
of evidence that is being tendered and state whether it is generally admissible:
6.5.1
The evidence of witness B (a security guard at the complex) who
testifies that his colleague told witness B that she heard gunshots while
on her patrol of the complex. His colleague has subsequently relocated
and cannot testify.
(2)
6.5.2
Mandy testifies that she heard a couple arguing on the night of the
shooting. She further testifies about a loud bang shortly thereafter. (2)
Page 3 of 4
Module: Introduction to Law: INL100
6.5.3
The gun is handed in as evidence.
(2)
6.5.4
Witness C (Sarah’s sister) testifies about a previous occasion where
Peter physically abused Sarah in her presence.
(2)
6.5.5
The State submits photographs of the alleged crime scene.
6.5.6
Mandy says that she heard the couple arguing on the night of the
shooting, which means that Peter must have shot Sarah.
(2)
6.5.7
Witness D (a neighbour at the complex) testifies that she could see
directly into the accused’s bedroom as the curtains were not drawn. She
further testifies that she saw Peter point a gun at Sarah and pulled the
trigger.
(2)
(2)
6.6
Peter is subsequently convicted of the crime of murder. When determining the
appropriate sentence, what three aspects, as set out in S v Zinn 1969 2 SA 537
(A), must the presiding officer take account of?
(3)
6.7
Peter is distraught about the outcome of the case. Discuss the options that may
be available to a convicted person?
(4)
QUESTION 7
[10]
Mr Sinn has a number of civil cases that were instituted by people who have had business
dealings with him. Bandile, a trader of exotic cars, claims that he entered into an agreement
with Mr Sinn for the purpose of selling a Lamborghini amounting to R3 800 000, which Bandile
alleges was never paid for. Luthando, a landscaper, alleges that Mr Sinn owes her R150 000
for work done at his private residence. Thabo, a close friend, also alleges that Mr Sinn has not
paid him in terms of a business agreement that they had entered into. The amount that Thabo
claims is R300 000. Finally, Ruth, an acquaintance of Mr Sinn also wishes to institute action
for R12 000 which he claims, Mr Sinn owes her.
7.1
In which court will Luthando have to institute action?
(1)
7.2
Which court will have jurisdiction to hear the matter involving Bandile?
(1)
7.3
Which court will most likely hear the matter between Thabo and Mr Sinn?
(1)
7.4
Identify the court best suited to deal with Ruth’s claim, and provide a detailed
description of this type of court.
(4)
7.5
Thabo has a change of heart and does not pursue the dispute through formal
litigation. Instead he opts to settle the matter by mean of arbitration. Briefly discuss
arbitration as a means of ADR?
(3)
TOTAL:
[100]
Page 4 of 4