RVW 210 Tutorial 1: Legal Terminology and Concepts
24 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary source of written law in South Africa?

  • Precedents
  • Common law
  • Legislation (correct)
  • Customary law

    • Which legislation is considered abrogated by disuse in South Africa?

  • Legislation since 1994
  • Provincial Ordinances
  • Old-order legislation (1806-1994)
  • Legislation before 1806 (e.g. Placaats) (correct)

    • How can old-order legislation (1806-1994) be repealed or amended?

  • By the President of South Africa
  • By the Constitutional Court
  • Both a) and c) (correct)
  • By a competent court declaring it unconstitutional and invalid

    • What determines the territorial application of old-order legislation in South Africa?

    <p>The geographical map at the time the legislation was enacted</p> Signup and view all the answers

    What is the highest source of law in the hierarchical structure of South African law?

    <p>The Constitution (lex fundamentalis)</p> Signup and view all the answers

    What is the defining characteristic of original/primary legislation in South Africa?

    <p>All of the above</p> Signup and view all the answers

    What is the relationship between primary and subordinate legislation?

    <p>Subordinate legislation derives its power and authority from primary legislation.</p> Signup and view all the answers

    Which of the following statements about the repeal or amendment of subordinate legislation is correct?

    <p>Subordinate legislation will automatically cease to exist when the enabling Act is repealed.</p> Signup and view all the answers

    What is the legal principle that limits the authority of subordinate legislators?

    <p>The ultra vires doctrine.</p> Signup and view all the answers

    Which level of government is responsible for enacting municipal by-laws?

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

    What is the relationship between primary and subordinate legislation in terms of conflict?

    <p>Subordinate legislation cannot be in conflict with its enabling primary legislation.</p> Signup and view all the answers

    What happens to subordinate legislation if the enabling Act is declared unconstitutional?

    <p>The subordinate legislation will automatically cease to exist.</p> Signup and view all the answers

    What is the key difference between legal and statutory interpretation?

    <p>Legal interpretation refers to the rules and principles used to determine the meaning of legislative provisions, while statutory interpretation is the process of applying the law to specific cases.</p> Signup and view all the answers

    What is the main purpose of using 'legalese' in legal documents?

    <p>To create a sense of authority and professionalism.</p> Signup and view all the answers

    Which of the following is not considered a primary source of law?

    <p>Legal commentaries and scholarly articles</p> Signup and view all the answers

    What is the key principle regarding the power to amend or repeal an Act of Parliament?

    <p>Parliament cannot delegate this power to a subordinate legislator.</p> Signup and view all the answers

    What is the main difference between a 'decision' and a 'judgment' in the context of case law?

    <p>A decision is the final outcome of a case, while a judgment is the written explanation of the court's reasoning.</p> Signup and view all the answers

    What is the hierarchy of legislation in the South African legal system?

    <p>Constitution, primary legislation, subordinate legislation.</p> Signup and view all the answers

    What is the primary purpose of the 'stare decisis' doctrine in common law systems?

    <p>To ensure consistency and predictability in the application of the law.</p> Signup and view all the answers

    Which of the following is NOT considered legislation in South Africa?

    <p>Departmental memoranda</p> Signup and view all the answers

    What is the key characteristic of law of general application in South Africa?

    <p>It includes all forms of legislation, as well as common law and customary law.</p> Signup and view all the answers

    What is the main difference between 'ratio decidendi' and 'obiter dictum' in the context of case law?

    <p>Ratio decidendi is the binding legal principle established in a case, while obiter dictum is a non-binding statement made by the court.</p> Signup and view all the answers

    What is the key difference between Parliament and a subordinate legislator in terms of legislative powers?

    <p>Parliament can repeal or amend subordinate legislation, while a subordinate legislator cannot.</p> Signup and view all the answers

    Which of the following is an example of a type of legislation that is not considered law of general application?

    <p>Explanatory memoranda</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser