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Questions and Answers
What defines public violence in a legal context?
What defines public violence in a legal context?
- An intentional act by a group disturbing public peace. (correct)
- An act intended to celebrate a public event.
- A peaceful gathering for political discussion.
- An individual performing an act of self-defense.
Which element is NOT required to establish public violence?
Which element is NOT required to establish public violence?
- The act must be performed by multiple persons.
- Serious proportions of the act.
- An intention to infringe the rights of another.
- Participation of a single individual. (correct)
How many persons were considered sufficient to constitute public violence in the Terblanche case?
How many persons were considered sufficient to constitute public violence in the Terblanche case?
- Six persons.
- Three persons.
- Ten persons.
- Five persons. (correct)
What is the primary interest protected by laws against public violence?
What is the primary interest protected by laws against public violence?
Which of the following statements is most accurate regarding the law on public violence?
Which of the following statements is most accurate regarding the law on public violence?
What might impede the classification of an act as public violence?
What might impede the classification of an act as public violence?
Which is TRUE about the elements that constitute public violence?
Which is TRUE about the elements that constitute public violence?
Why might public violence be considered similar to other crimes against the state?
Why might public violence be considered similar to other crimes against the state?
What should a student focus on before moving to a new principle?
What should a student focus on before moving to a new principle?
Why is it advised to remember the names of leading cases?
Why is it advised to remember the names of leading cases?
What is considered unnecessary when studying case law according to the content?
What is considered unnecessary when studying case law according to the content?
What is suggested to aid an examiner's understanding during evaluations?
What is suggested to aid an examiner's understanding during evaluations?
What is one of the main interests protected against acts of terrorism?
What is one of the main interests protected against acts of terrorism?
What is described as sufficient for demonstrating an understanding of a principle?
What is described as sufficient for demonstrating an understanding of a principle?
What might happen if a student forgets the name of an important case during an examination?
What might happen if a student forgets the name of an important case during an examination?
Which act is explicitly NOT considered terrorism under the provided definition?
Which act is explicitly NOT considered terrorism under the provided definition?
Which element is NOT part of the definition of terrorism as mentioned?
Which element is NOT part of the definition of terrorism as mentioned?
What does the reference '1966 (2) SA 269 (A)' signify?
What does the reference '1966 (2) SA 269 (A)' signify?
What constitutes a 'specific intention' in the context of terrorism?
What constitutes a 'specific intention' in the context of terrorism?
What is the underlying principle of effective note-taking as described?
What is the underlying principle of effective note-taking as described?
Which of the following actions would be classified as a prohibited conduct in terrorism?
Which of the following actions would be classified as a prohibited conduct in terrorism?
Which term is associated with an act that causes serious interference with services?
Which term is associated with an act that causes serious interference with services?
Which of the following is NOT considered a factor in determining 'terrorist activities' according to the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004?
Which of the following is NOT considered a factor in determining 'terrorist activities' according to the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004?
In which situation might an act be justified and therefore not considered unlawful?
In which situation might an act be justified and therefore not considered unlawful?
What must be established to prove the crime of terrorism concerning the requirement of intention?
What must be established to prove the crime of terrorism concerning the requirement of intention?
What is likely to be included as an act of terrorism based on the provided criteria?
What is likely to be included as an act of terrorism based on the provided criteria?
Which statement accurately reflects the requirement of public violence regarding group actions?
Which statement accurately reflects the requirement of public violence regarding group actions?
In what context is public violence typically considered to take place?
In what context is public violence typically considered to take place?
What is NOT required to establish an act of public violence?
What is NOT required to establish an act of public violence?
What does contempt ex facie curiae entail?
What does contempt ex facie curiae entail?
Which of the following is NOT considered privileged and may amount to contempt?
Which of the following is NOT considered privileged and may amount to contempt?
In which case can negligence be sufficient to establish contempt of court?
In which case can negligence be sufficient to establish contempt of court?
What is a condition under which fair comment on the administration of justice is acceptable?
What is a condition under which fair comment on the administration of justice is acceptable?
What underlies the principle that statements by certain bodies are privileged?
What underlies the principle that statements by certain bodies are privileged?
Which aspect is crucial in determining the presence of intent in comments on a case?
Which aspect is crucial in determining the presence of intent in comments on a case?
What do Lord Atkin's words suggest about the scrutiny of justice?
What do Lord Atkin's words suggest about the scrutiny of justice?
What type of actions can bring judges into contempt according to the content?
What type of actions can bring judges into contempt according to the content?
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Study Notes
Terrorism
- Definition: An act committed for the purpose of furthering a political, religious, ideological, or philosophical motive
- Elements:
- An act
- Unlawfulness
- Specific intention
- Object of Protection: The safety and security of the Republic, its institutions, and people
- Acts Included:
- Use of violence
- Release of toxic or harmful substances
- Conduct endangering life or physical integrity
- Acts causing serious risk to health and safety
- Causing damage to property
- Acts interfering with services
- Acts destabilizing the economy
- Creating a public emergency or insurgency
- Excluded Acts: Acts performed under compulsion or as part of a protest, dissent, or industrial action that do not intend harm
- Intention:
- Specific intent is required
- Intent has two components:
- To cause harm
- To achieve political, religious, ideological, or philosophical objectives
Public Violence
- Definition: Unlawful and intentional act, or acts, by a number of persons, assuming serious proportions with intent to disturb public peace and order by violent means or infringe rights
- Elements:
- An act
- Performed by a number of persons
- Assuming serious proportions
- Unlawful
- Intentional
- Object of Protection: Public peace and order
- Joint Action: Cannot be committed by an individual, a number of persons acting in concert are required
- Number of persons required depends on the circumstances
Contempt of Court
- Definition: Action or remarks in public that scandalize the court or undermine the administration of justice.
- Forms:
- Scandalizing the court by publishing allegations that objectively bring judges, magistrates, or the administration of justice into contempt
- Failing to comply with a court order
- Interfering with the administration of justice by influencing the outcome of a case
- Privileged Statements: Members of the Legislative Assembly are exempt from contempt charges when speaking in the assembly.
- Fair Comment: Fair and reasonable criticism of court outcomes or the administration of justice in general is acceptable.
- Intent: Generally, intention is essential, except when a newspaper editor is charged with contempt for publishing content influencing a pending case, where negligence is sufficient.
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