Multiple-choice questions: Select one correct answer for each of the following. In your answer, write down only the number of the question and next to it, the number of the correct answer. Q.1.1 There is a distinction between morality and ethics according to Perez. Please choose the correct statement that illustrates this. (1) Ethics is the discussion of moral principles and morals is concerned with the principles of right and wrong behaviour. (2) Ethics can only exist if morality is enforced. (3) Ethics is seen as being synonymous with the concept of morality. (4) Ethics is the discussion of right and wrong behaviour and morality is the concerned with the concept of ethics. (2) Q.1.2 There were various groups of legal scholars that existed in Roman law. Please choose the correct one. (1) The Nephilim (2) The Ultra Matrimony (3) The Iuris Civilis (4) The Glossators

Q.1.3 Consider the concept of positive law and choose the correct statement. (1) The Judge should be able to have his/her moral convictions affect his/her legal decision-making. (2) Legislation should be based upon moral norms. (3) Legal rules are not based upon logic alone. (4) The law as laid down should be kept separate from the law as it morally ought to be. (2) Q.1.4 The term ratio decidendi means_____________________________ (1) It does not form part of the judgment. (2) Synonymous to the concept of obiter dictum. (3) Reasons for the court's decision. (4) It does not create binding precedent for lower courts

Q.1.5 The term obiter dictum means_________________________ (1) Remark made in passing by counsel. (2) Remark made in passing by a presiding officer. (3) Remark made in passing by applicants. (4) Remark made in passing by respondents

Q.2.1 Jeremy Bentham was an early positivist who claimed that all laws should be evaluated in terms of the principle of usefulness. Briefly discuss Bentham's view of positive law. (5) Q.2.2 'It is clear that one cannot be ethical, moral, and follow the law.' The above is extracted from a discussion of morality and law as outlined by the author, Perez. Briefly discuss the difference between, morality and law as outlined by the author. Ten marks will be allocated for discussion. Three marks will be allocated for skill. (13) Q.2.3 Throughout the history of jurisprudence, thinkers have explored the connections between law and justice. Consider the above and discuss the concepts of 'justice' and 'law

Q.2.4 The Roman goddess Justitia is 'Lady Justice'. She is blindfolded as she holds the scales of justice in one hand and a sword in the other. Her blindfold symbolises impartial decisions and her sword symbolises justice. In your own words, discuss the characteristics of law and justice. (5) Q.2.5 There are various factors that determine the effectiveness of law and normative legal systems. Briefly discuss "facilitating or making change possible."

Q.3.1 Explain what is meant by 'democracy' or 'a democracy'. Seven marks will be allocated for the explanation. Three marks will be allocated for skill. (10) Q.3.2 Briefly explain what constitutional law is and the consequences of constitutionalism. 12 marks will be allocated for explaining the concepts. Three marks will be allocated for skill. (15) Q.3.3 Identify the four methods of interpreting legislation. (2 x 4 marks) (8) Q.3.4 There are so- called first generation rights. Define this concept and provide three examples of this right

Q.4.1 Consider the article, 'Decoloniality, ubuntu and human rights in South Africa: a bridge to social justice'. Discuss the difference between decolonisation and decoloniality according to the author. (4) Q.4.2 The legal profession has both state advocate's and prosecutors. Distinguish between a state advocate and prosecutor. (4) Q.4.3 Legal ethics and professional responsibility deal with the tension that arises between the legal practitioner's duty to client, duty to court and duty to justice. Define and discuss the concept of having 'duty to client' in terms of the advocates profession. . (10) Q.4.4 Briefly discuss the concept of constitutional supremacy in terms of section 2 of the Constitution. (4) Q.4.5 Define and discuss the advantages of arbitration. (5) Q.4.6 Provide a brief description of the law of evidence. (3