Public Law N6 — Document
November 2018 — N6 — Public Law
N6
2018
Nated Business
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Q1— Section header —
1.1Various options are given as possible answers to the following questions. Choose the answer and write only the letter (A D\ next to the question number (1.1.1
1.1.5\n the ANSWER BO OK.
1.1.1The functions of the deeds office are as follow Sub
1.1.2The golden rule of interpretation mea ns: to interpret legislation it must first be read and analysed.
1.1.3Which type of appeal does NOT exist in South Africa Statutory appeal from a lower court to a higher court
1.1.4The 'characteristics of law' can be summarised as follows: It is a set of rules that are inconsistent with the Constitution It ensures disorder in s
1.1.5Which ONE of the following is NOT a so urce of South African Constitutional Law
1.2Complete the following sentences by writing down the missing word or words next to the question number (1.2.1
1.2.10\t he ANSWER BOOK.
1.2.1... presides in the higher courts in South Africa.
1.2.2The state can only be held liable for the action or neglect of an
1.2.3Private Law regulates the relationship between two
1.2.4Foreign Law is also known as
1.2.5in terms of the Constitution to receive and investigate complaints from the public against government officials.
1.2.6Decisions made by administrative bodies are subject to ... review.
1.2.7re authorised by arliamentary legislation to issue ordinances
1.2.8Internal governmental relations take place between
1.2.9Decentralisation is the transfer of powers and functions from a
1.2.10
1.3Choose an item from COLUMN B that matches a description in COLUMN A. Write only the letter (A \next to the question number (1.3.1 1.
3.5\in the ANSWER BOOK. COLUMN COLUMN
1.3.5Regulates the relationship bet ween the state and its subjects Rig hts with respect to performance Rules that are valid for the ent ire country
1.4Indicate whether the following statements are TRUE or FALSE. Choose the answer and write only 'True' or 'False' next to the question number (1.4.1
1.4.5\ the ANSWER BOOK.
1.4.1All courts are bound by previous verdicts
1.4.2Material law determines the way a case must be practically handled when a legal ru le has allegedly been violated
1.4.3Judicial precedents are the decisions of the lower courts.
1.4.4Mechanical administrative proceedings may be delegated without authorisation.
1.4.5
1.5Give ONE word or term for each of the following descriptions. Write only the word or term next to the question number (1.5.1
1.5.5\in the ANSWER BOOK.
1.5.1The presiding officer of the Small Claims ourt
1.5.2One govern ment organ has the authority to approve the actions of an other authority.
1.5.3Section 33 of the Constitution
1.5.4They a ssist legal functionaries in court and should have experience in judicial process
1.5.5
1.6Choose the correct word or words from those given in brackets. Write only the word or words next to the question number (1.6.1
1.6.5\in the ANSW ER BOOK.
1.6.1(Judicial/Legislative\proceedings are the decisions taken by legislative bodies to carry out administrative action.
1.6.2A m andamus An i nterdict\ a legal proceeding in which you ask a court to order someone to act in a part icular way so that your rights are not interfered
1.6.3The reamble/ ong title\states the circumstances and background of legislation.
1.6.4The law of patrimony forms part of (private/public\ law.
1.6.5The ( executive/judiciary \is made up of the resident and the abinet at national
1.7State which court has jurisdiction to try each case below. Write only the answer next to the question number (1.7.1
1.7.5\the ANSWER BOOK.
1.7.2.7.3
1.7.5the value of R10 000. After a week he realises that the DVD has a defect and wants to cl aim his money back. Jean and Scott have been married for ten years in community of property.
Q2— Section header —
2.1.1List THREE types of public law (3\
2.1.2List T WO types of private law (2\
2.2Distinguish between objective s ense and subjective rights (8\
2.3A Master of the High Court is appointed for every provincial division of the High Court of South Africa by the Minister of Justice and Constitutional Development. Discuss the functions of the Master of the High Cou
2.4Read the extract below and answer the questions. LexisNexis The Rule of Law , in its most basic form, is the principle that no person is above the law. The rule follows from the idea that truth, and therefore law,
2.4.1Explain the principle of the Rule of Law. (13\
2.4.2What are the conditions that the sta te must consider in an emergency before they can take action or declare war? (2\
2.5Briefly discuss the advantages and dis advantages of judicial precedents. (4\ [40] (1303013640
Q3— Section header —
3.1Read the following case study and answer the questions. Dr Y treated rs for complications arising from sepsis in the abdomen and surgical wound following a total hysterectomy done at the ABC
3.1.1Advise your client on the articles of the Law of State Liability. (7\
3.1.2Which legal functionary will defend the state? (1\
3.1.3If Mrs ha grounds to i ns titute an action
3.1.4Briefly write an explanatory note on the difference between criminal cases and civil cases (4\
3.2Briefly describe the principle of legality and explain the app lication thereof in administrative proceedings. (8\
3.3Discuss egislation as a source of Administrative Law and all the components that are part of this source of Administrative Law. (15\
3.4Explain the requirements for the court to regard a c ustom as a legal rule. (4\ [40] (1303013640
Q4— Section header —
4.1Identify the TWO types of Administrative Law relationships an explain each briefly by means of examples
4.2Name and discuss the THREE types of delegation within administrative auth ority. (14\
4.3When does a court or tribunal have the power to judicially review an administrative action? (10\
4.4
4.5What is the difference between mechanical administrat ive proceedings and limited discretion (2\ [40]40
Q5— Section header —
5.1Briefly explain each fundamental rule of interpretation. (14\
5.2Name and discuss internal aids regarding the interpretation of laws. (16\ [30] TOTAL SECTION B: GRAND TOTAL: 150 20030
Topics Identified
1
Business Plan
Mark Allocation
Total150 marks
Sections50 + 40 + 40 + 40 + 30 = 200 marks
Key Information
Websitewww.lexisnexis.co.za
Paper information
TitleDocument
SubjectPublic Law
LevelN6
Document typeQuestion paper
Year2018
MonthNovember
Pages9
Downloads4
Examination context
Decade2010s
Years ago8y
SeasonSpring (SH)
Start dayThursday
Exam periodNovember 2018
Days since exam2,902
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