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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

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

    <p>Stare decisis</p> Signup and view all the answers

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

    <p>True</p> 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?

    <p>The Judiciary</p> Signup and view all the answers

    Which of the following is a characteristic of legal positivism?

    <p>Law is defined as a command of a sovereign backed by a threat</p> Signup and view all the answers

    Match the following legal traditions with their key features:

    <p>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.</p> Signup and view all the answers

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

    <p>Rules of recognition, rules of change, and rules of adjudication.</p> Signup and view all the answers

    What is the key aspect of the formalist legal theory?

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

    What is the main focus of American Legal Realism?

    <p>To understand how judges actually make decisions.</p> Signup and view all the answers

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

    <p>Argues that laws should be neutral and objective.</p> Signup and view all the answers

    Critical Legal Studies is a form of realism?

    <p>True</p> Signup and view all the answers

    What is the main focus of Critical Race Theory?

    <p>The role of race in legal practice and interpretation.</p> Signup and view all the answers

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

    <p>False</p> 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?

    <p>The Constitutional Court</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    What is the aim of the legal-historical method?

    <p>To understand the development of law over time and to distinguish particular schools of law.</p> 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.

    <p>False</p> Signup and view all the answers

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

    <p>Speedier and less expensive resolution of disputes, providing a more relaxed and comfortable setting for the parties.</p> 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.

    <p>True</p> Signup and view all the answers

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