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RVW 210 Tutorial 1: Legal Terminology Review

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24 Questions

What is the term used to describe the specialized language used by lawyers in legal documents that are hard for laypersons to understand?

Legalese

Which source of law includes rules and principles used to construct the correct meaning of legislative provisions?

Legislation

What term is used to describe a law enacted by the legislative bodies with the authority to do so?

Statute

Which principle involves making legal documents accessible for individuals who are not legal professionals?

Access to justice

Which term refers to the fundamental law of a country which outlines the organization of the government and sets limits on governmental power?

Constitution

In legal terms, what is used to describe the principle that past court decisions are authoritative for future cases?

Stare decisis

What type of legislation can Parliament repeal or amend?

Primary legislation

Which of the following is NOT considered as legislation?

Legal opinions

Who has the power to amend or repeal an Act of Parliament?

Executive Council

What type of law is NOT enacted by authorized lawmakers?

Common law

What is included in the law of general application?

$\text{Primary legislation}$

Who has the power to repeal or amend subordinate legislation according to the information provided?

$\text{Parliament}$

Which one of the following is the highest level of legislation in South Africa?

Acts of Parliament

What term is used to describe legislation enacted by a person or body under the authority granted by primary legislation?

Subordinate legislation

If an enabling Act is declared unconstitutional, what happens to the subordinate legislation issued under that Act?

The subordinate legislation ceases to exist, unless the court orders otherwise

Which principle states that subordinate legislation cannot conflict with its enabling primary legislation?

The ultra vires principle

What happens to subordinate legislation when a new subordinate legislator comes into power?

The new subordinate legislator can amend or repeal the existing subordinate legislation

According to the principles, who can repeal or amend their own legislation?

Only the fit and proper legislature

Which of the following statements about legislation is correct?

Legislation is a written law enacted by an authorized body or person.

What is the status of legislation before 1806 (e.g., Placaats) in South Africa?

It is considered common law and abrogated by disuse.

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

It can be repealed or amended by the legislature or declared unconstitutional by a competent court.

What is the status of provincial ordinances and legislation of the former TBVC states?

They are still applicable to the old geographical areas until repealed or amended.

What is the hierarchical position of the Constitution in South African legislation?

It is the supreme law of the land (lex fundamentalis).

What is the definition of original/primary legislation according to the text?

Legislation enacted by a democratically elected body during a plenary session, in accordance with an authority derived from the Constitution.

This tutorial covers various legal concepts such as process and procedure, existing law versus vested rights, act versus act, and more. Gain a better understanding of legal terminology through this comprehensive review.

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