RVW 210 Tutorial 1: Legal Terminology Review
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Questions and Answers

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

  • Constitutionality
  • Legalese (correct)
  • Judicial supremacy
  • Common law

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

  • Case law
  • Legalese
  • Common law
  • Legislation (correct)

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

  • Statute (correct)
  • Constitutionality
  • Uncodified law
  • Foreign law

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

    <p>Access to justice</p> Signup and view all the answers

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

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

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

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

    What type of legislation can Parliament repeal or amend?

    <p>Primary legislation</p> Signup and view all the answers

    Which of the following is NOT considered as legislation?

    <p>Legal opinions</p> Signup and view all the answers

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

    <p>Executive Council</p> Signup and view all the answers

    What type of law is NOT enacted by authorized lawmakers?

    <p>Common law</p> Signup and view all the answers

    What is included in the law of general application?

    <p>$\text{Primary legislation}$</p> Signup and view all the answers

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

    <p>$\text{Parliament}$</p> Signup and view all the answers

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

    <p>Acts of Parliament</p> Signup and view all the answers

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

    <p>Subordinate legislation</p> Signup and view all the answers

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

    <p>The subordinate legislation ceases to exist, unless the court orders otherwise</p> Signup and view all the answers

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

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

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

    <p>The new subordinate legislator can amend or repeal the existing subordinate legislation</p> Signup and view all the answers

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

    <p>Only the fit and proper legislature</p> Signup and view all the answers

    Which of the following statements about legislation is correct?

    <p>Legislation is a written law enacted by an authorized body or person.</p> Signup and view all the answers

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

    <p>It is considered common law and abrogated by disuse.</p> Signup and view all the answers

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

    <p>It can be repealed or amended by the legislature or declared unconstitutional by a competent court.</p> Signup and view all the answers

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

    <p>They are still applicable to the old geographical areas until repealed or amended.</p> Signup and view all the answers

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

    <p>It is the supreme law of the land (lex fundamentalis).</p> Signup and view all the answers

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

    <p>Legislation enacted by a democratically elected body during a plenary session, in accordance with an authority derived from the Constitution.</p> Signup and view all the answers

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