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QUESTION 1
1. “This point therefore tells us that law is part of the political system and can never be separated from politics and other issues that characterise our society in various ways.” (Study Guide p.7)
Now look out for the document, “Freedom Charter” and go through all the clauses. Thereafter skim through the Preamble, Chapter 1 and Chapter 2 of the Constitution of South Africa and discuss the connection between the two documents. (4)
2. Refer to Learning Unit 3 of the Study Guide and find the Sea Transport Document Act 65 of 2000. Now do the following:
a) explain what is entailed in the Long Title of this Act (do not discuss/redraft the contents of the Long Title). (2)
b) what is the preamble of an Act? (2)
c) Jane Doe, a first-year law student, is going through this Act. She comes across a term in the Act the meaning of which she does not know. What is the first thing that she should do in this instance? Give a reason for your answer. (3)
QUESTION 2
(a) Discuss Freire’s notion of praxis. Explain why it is not compatible with “banking education” (6)
(b) Why is the concept of “subjective being” said to be central to learning? (4)
(c) “Come learn with me and we shall be exemplars of proficiency. But if you yearn to be alone, then you must learn it on your own.” Discuss the above excerpt in light of the notion of “study groups”. In your answer you should refer to a model or models of how groups may function. (3)
QUESTION 3
(a) What are leading questions? At which stage in a trial should they be avoided? (2)
(b) At which stage of the trial is cross examination conducted? In your answer you should also state the purpose of cross examination. (3)
(c) Write a paragraph in which you explain the difference between the following:
(i) state attorneys and state advocates (2)
(ii)registrar of the high court and clerk of the court(2)
QUESTION 4
Differentiate between a majority and a minority judgment. (4)
QUESTION 5
(a) Peter purchased a Mercedes Benz ML350 last week for R750 900 (VAT incl). While driving from Bendor Park in Polokwane he collides with Ken of Regime Removals, who is the owner-driver of a Porsche Cayenne. Peter is 25% negligent, whereas Ken is 43% negligent……………………………..
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