Untitled Quiz

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Questions and Answers

What is the main idea behind Ubuntu?

A person is a person because of other persons.

What are some of the three fundamental principles of law according to the text?

International Law, National Law, Constitutional Law
Rule of Law, Justice, Certainty
Religion, Individual Morality, Community Mores (correct)
Common Law, Roman Law, African Customary Law

The text states that the aim of the law is to bring about peaceful co-existence in society by sacrificing one's unlimited freedom.

True (A)

What is the term used to describe the practice of judges following previous decisions in the Common Law tradition?

Stare decisis Signup and view all the answers

The South African legal system is classified as a mixed one.

True (A) Signup and view all the answers

Which of the following does not belong to the three branches of the State according to the Constitution of the Republic of South Africa?

The Judiciary (D) Signup and view all the answers

Which of the following is a characteristic of legal positivism?

Law is defined as a command of a sovereign backed by a threat (D) Signup and view all the answers

Match the following legal traditions with their key features:

Civilian Law = Judges play a prominent role. Emphasis on the 'ratio decidendi' of a case, which is the reason behind a decision. Common Law = Focus on abstract general principles, which are presented in codes or statutes to aid in interpretation. African Customary Law = Emphasis on oral tradition and the use of councils of elders. Emphasis on community mediation and reconciliation. Signup and view all the answers

What are the three key elements of Hart's version of positivism?

Rules of recognition, rules of change, and rules of adjudication. Signup and view all the answers

What is the key aspect of the formalist legal theory?

Judges apply rules based on legal principles and reasoning to reach a unique result in each case. Signup and view all the answers

What is the main focus of American Legal Realism?

To understand how judges actually make decisions. Signup and view all the answers

Which of the following is NOT a feature of Feminist Legal Studies?

Argues that laws should be neutral and objective. (A) Signup and view all the answers

Critical Legal Studies is a form of realism?

True (A) Signup and view all the answers

What is the main focus of Critical Race Theory?

The role of race in legal practice and interpretation. Signup and view all the answers

Ubuntu is a purely legal concept, unrelated to social and philosophical values.

False (B) Signup and view all the answers

Which courts are said to have a “major responsibility” in terms of applying ubuntu in the South African legal system?

The Constitutional Court (A) Signup and view all the answers

The development of SA common law can be understood without taking historical context into consideration.

False (B) Signup and view all the answers

What is the aim of the legal-historical method?

To understand the development of law over time and to distinguish particular schools of law. Signup and view all the answers

The 1913 Natives Land Act, which designated only 7% of the land for Black people, is an example of legislation that advanced racial equality in South Africa.

False (B) Signup and view all the answers

What are some of the primary goals of appropriate (alternative) dispute resolution, such as mediation and arbitration?

Speedier and less expensive resolution of disputes, providing a more relaxed and comfortable setting for the parties. Signup and view all the answers

One of the major challenges facing indigenous legal systems is the need to adapt to new societal conditions and developments.

True (A) Signup and view all the answers

Flashcards

Law

A body of rules and regulations that governs and facilitates human interaction.

Evolution of Law

Laws change and adapt over time to reflect changing societal needs.