Legal Practice N5 — Document
November 2020 — N5 — Legal Practice
N5
2020
Nated Business
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Q6— Section header —
Q1— Section header —
1.1Indicate whether the following statements are TRUE or FALSE by writ ing only 'True' or 'False' next to the question number (1.1.1
1.1.15\in the ANSWER BOOK.
1.1.1chief justice of the onstitutional ourt is assisted by 10 judges.
1.1.2A commissioner is a presiding officer of the Small Claims Court.
1.1.3Legal advisers usually have the same qualifications as attorneys and advocates.
1.1.4Only an a dvocate may act as a public prosecutor on behalf of the state.
1.1.5All closed files must be kept in the attorney's office for a period of three years.
1.1.6National aw governs the relationship between different countries.
1.1.7Customar aw is the most important source of South African law.
1.1.8Stealing is an example of a common law transgression.
1.1.9The right of the court to handle a case is known as jurisdiction.
1.1.10Supreme court documents must be typed or prin ted in blue black or blue ink.
1.1.11A codicil is an addition or addendum to an existing will.
1.1.12Only the first and last page of a will must be initialled.
1.1.13Descendants of a testator include parents, grandparents and great grand parents.
1.1.14A joint will is a simple document in which one person expresses his/her wishes regarding his/her estate.
1.1.15
1.2Choose an item from COLUMN B that matches a description in COLUMN A. Write only the letter (A \next to the question number (1.2.1
1.2.10\in the ANSWER BOOK COLUMN COLUMN
1.2.10elivers all court documents such as a summons Can only act in an advisory capacity in certain legal matters The oldest means of creating law Law made through court judgments
Q2— Section header —
2.1Write down the prescribed academic qualification (degree\that a person would study towards in order qualify for admission as an attorney. (2\
2.2The names of all qualified and practising attorneys are featured on a list, (2\
2.3
2.4
2.5A very good friend of yours, who is employed and recently got married, approaches and asks whether you can draft a will for him. Advise him on the formalities that must be complied with in order for any will
Q3— Section header —
3.1Legal documents must meet the prescribed requirements regarding the typing and preparation. The Registrar of the High Court or the Clerk of the Lower Court may refuse legal documents should they not meet the requirements of
3.3
3.3.1Where would you file a formal complain t against Mr Maputla? (2\
3.3.230
Q4— Section header —
4.1You work at an attorney's office as a legal secretary. A client who has to complete and sign a lease agreement, as ks you what she must write in the section that refers to the client's domicilium citandi et executandi.
4.2Consult ADDENDUM A attached to the question paper and answer the questions.
4.2.1State the name of the deponent of this affidavit. (2\
4.2.2Give a reason why this affidavit was made. (2\
4.2.3In general, are affidavits legally binding? Say 'yes' or 'no' and give a suitable reason for your answer. (3\
4.2.4Can an affid avit be handwritten? Say 'yes' or 'no' and give a suitable reason for your answer. (3\
4.2.5Who verifies the authenticity of an affidavit? (3\
4.2.6Consider the following situation and comment. After making an affidavit, Yolanda realised sh had made a mistake. Can her affidavit be revoked or amended? Say 'yes' or 'no' and give a
4.2.7
4.2.8Is there an age limit or requirement to signing an affidavit? Say 'yes' or 'no' and give a suitable reason for your answer. (3\
4.2.9Comment of the fol lowing statement: A minor can make and sign an affidavit as long as he/she is old enough to understand the significance of the oath and affirmation of facts. (2\
4.2.10What will happen to you if lie in your affidavit? HINT: Highlight the meanin g and consequences of lying. (3\ [30] 1303011530
Q5— Section header —
5.1Read ADDENDUM B attached to this question paper and answer the questions.
5.1.1Correctly identify the legal document in ADDENDUM B. (2\
5.1.2What is the aim and purpose of document J155 in the addendum? (2\
5.1.3Briefly explain (in general terms\ who the applicant is in paragraph 3 of document J155. (2\
5.1.4Assume situation where the deceased did not appoint anybody to administer the estate. In what rela tionship to the deceased must anybody stand before he/she would be appointed executor of the deceased's estate?
Q4— Section header —
5.1.6Explain the correct meaning of the term unrehabilitated insolvent as shown in paragraph 10 of document J155. (2\
5.2Read the following scenario and answer the questions. Recently you successfull y completed a Legal Secretary Paralegal Diploma at member of the public approached you, enquiring whether there is somebody in the office who could
5.2.1Before advising the person reg arding the type of power of attorney he can choose from, what particular question would you ask him that would let you decide on the advice you are about t give
5.2.2
5.2.3Which particular type of power of attorney would you advise where a high degree of trus t exists between the grantor and the proxy? (2\
Q5— Section header —
5.2.5Assume the power of attorney was granted to attorney X who is in partnership with four other attorneys. On th e day when the transfer came through, attorney X is not available. Will the transfer of the
5.2.6What is the motive behind inclu ding the words with power of substitution in a power of attorney document? (2\ [30]30
Q6— Section header —
6.1
6.2You are Lucy Diale, working as a secre tary in an attorney's firm, called Big Five Global. On 25 May 2020, at 10 00, you received a phone call from a client, Mr Sibeko (a businessman\He wanted to speak to one of the
Q6— Section header —
Q7— Section header —
7.1Read the following scenario and answer the questions. You have been working as a secretary in a law firm for six mont hs. At one of the meetings it was mentioned that the office intern struggles with the office
7.1.1Since you were asked to introduce a new filing system i n your office, you did some research and found the following data (below\ Want to introduce a new filing system that will improve the way you organise your files in your law practice?
7.1.2
7.1.3
7.2One of the aims of the subject Legal Practice is to give students a basic knowledge and understanding of the role and functions of the variou s legal practitioners who practi se aw in both the public and private sector in South
Topics Identified
3
Business EnvironmentsForms of OwnershipBusiness Plan
Mark Allocation
Total150 marks
Sections50 + 30 + 30 + 30 + 30 + 30 + 30 = 230 marks
Key Information
Qualification TypeDiploma
Paper information
TitleDocument
SubjectLegal Practice
LevelN5
Document typeQuestion paper
Year2020
MonthNovember
Pages14
Downloads3
Examination context
Decade2020s
Years ago6y
SeasonSpring (SH)
Start daySunday
Exam periodNovember 2020
Days since exam2,172
About Legal Practice examination preparation
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