Magistrates Court, High Court - Introduction to Law - Past Paper, Exams of Law

Download Magistrates Court, High Court - Introduction to Law - Past Paper and more Exams Law in PDF only on Docsity! UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : MAY/JUNE 2009 SUBJECT, COURSE AND CODE: INTRODUCTION TO LAW (LAWS1IL) DURATION : 3 HOURS TOTAL MARKS: 100 External Examiner : Professor J Lund Internal Examiners: Ms W Banoobhai Ms P Singh ______________________________________________________________________________ STUDENTS ARE REQUESTED, IN THER OWN INTERESTS, TO WRITE LEGIBLY PLEASE NOTE: This paper consists of 4 (FOUR) pages. Ensure that you have all the pages. USE SEPARATE ANSWER BOOKS FOR SECTION A AND SECTION B SECTION A (50 MARKS) ASNWER THIS SECTION IN A SEPARATE BOOK ANSWER ALL QUESTIONS QUESTION ONE 1.1 Write a brief note in which you explain what the Doctrine of Precedent is. (10 marks) 1.2 Distinguish between the Magistrates’ Court and the High Court. (5 marks) 1.3 Distinguish between the natural law approach and the positivist approach to law. (10 marks) QUESTION TWO 2.1 Distinguish between an appeal and a review. In the following situations should the process of appeal or review be followed? Give reasons for your answer. 2.1.1 Sindy sues John. She loses the case. She later finds out that the magistrate is John’s uncle. 2.1.2 Sam is convicted of theft in the magistrates’ court. He believes that he should not have been convicted. 2.1.3 Jane loses her case for damages against her building contractor. She finds out thereafter that he promised to build the magistrate a holiday home in Ballito. (9 marks) …/2.2 UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS :MAY/JUNE 2009 SUBJECT: INTRODUCTION TO LAW PAGE 2 Question 2… continued 2.2 Given the following citations, supply all the information that you can about each case: i) In re Rome 1991 3 SA 291 (A) ii) Ex Parte Davidson 1981 (3) SA 575 (D) iii) Casey NO v The Master and Others 1992 4 SA 505 (N). (6 marks) QUESTION THREE 3.1 Act 200 of 2009 has recently been passed. Section 3 of the Act prohibits the ‘production, distribution and possession of sexually explicit material involving children’. A producer of videos of this nature alleges that his right to freedom of expression is infringed by the provisions of section 3. You are required to explain how a court will go about assessing whether section 3 is constitutional or not, with reference to section 36 of the Constitution. (10 marks) TOTAL MARKS FOR SECTION A - 50