RVW 210 Tutorial 1: Legal Terminology and Concepts

Play an AI-generated podcast conversation about this lesson

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How can old-order legislation (1806-1994) be repealed or amended?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

The geographical map at the time the legislation was enacted Signup and view all the answers

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

The Constitution (lex fundamentalis) Signup and view all the answers

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

All of the above Signup and view all the answers

What is the relationship between primary and subordinate legislation?

Subordinate legislation derives its power and authority from primary legislation. Signup and view all the answers

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

Subordinate legislation will automatically cease to exist when the enabling Act is repealed.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

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

The ultra vires doctrine. Signup and view all the answers

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

Municipal councils. Signup and view all the answers

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

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

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

The subordinate legislation will automatically cease to exist. Signup and view all the answers

What is the key difference between legal and statutory interpretation?

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. Signup and view all the answers

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

To create a sense of authority and professionalism. Signup and view all the answers

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

Legal commentaries and scholarly articles Signup and view all the answers

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

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

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

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

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

Constitution, primary legislation, subordinate legislation. Signup and view all the answers

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

To ensure consistency and predictability in the application of the law. Signup and view all the answers

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

Departmental memoranda Signup and view all the answers

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

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

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

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

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

Parliament can repeal or amend subordinate legislation, while a subordinate legislator cannot. 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?

Explanatory memoranda Signup and view all the answers

RVW 210 Tutorial 1: Legal Terminology and Concepts

Podcast Beta

Questions and Answers

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

Which legislation is considered abrogated by disuse in South Africa?

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

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

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

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

What is the relationship between primary and subordinate legislation?

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

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

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

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

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

What is the key difference between legal and statutory interpretation?

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

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

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

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

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

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

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

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

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

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

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

More Quizzes Like This

RVW 210 Tutorial 1 Terminology

RVW 210 Tutorial 1: Legal Terminology and Concepts

RVW 210 Quiz: Legal Terminology and Concepts Flashcards

Legal Terminology Flashcards

Upgrade to continue