South African Criminal Law Distinctions Quiz

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DynamicMalachite
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10 Questions

What is the main distinction between formal criminal law and substantive criminal law in South Africa?

Formal criminal law is used to enforce the substantive criminal law

What are the essential elements for liability in South African criminal law?

The act, causation, unlawfulness, criminal capacity and fault

What are crimes mala in se in South African criminal law?

Not one/any of the above

X, a motorist knocks a pedestrian down by failing to stop at an intersection. As a result the pedestrian, the sole breadwinner of his family dies. What is the liability of X?

The motorist commits both a crime (culpable homicide) and a delict

In the context of criminal liability, what is the significance of the judgment in Mshumpa?

All of the above are correct

What commonality do 'nullum crimen sine lege' and 'nulla poena sine lege' share?

Implications of ius acceptum, ius strictum, ius praevium, and ius certum find application in both

According to the information provided, which statement accurately reflects the legality of an administrative act in criminal law?

Correct in the context of the audi alterem partem rule affecting the legality of a criminal provision

What is the primary implication of Parliament's provision regarding sexual conduct without consent?

Contains legality as a court can find a relevant criminal sanction in existing legislation

Which characteristic best describes the application of ius acceptum, ius praevium, ius certum, and ius strictum?

Principles guiding legislative drafting

How does legality relate to an ultra vires administrative act in criminal law?

Correct in relation to the audi alterem partem rule impacting criminal provision legality

Test your knowledge of formal criminal law and substantive criminal law distinctions, as well as the essential elements for liability in South African law. Choose the correct answers to enhance your understanding of the legal system in South Africa.

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