,CL1501 – Assignment 1 (Semester 1, 2026)
Total: 50 Marks
Question 1
1.1 Define the parameters of the concept of “social contract”. (2)
The social contract refers to an implied agreement between
individuals and the state in terms of which individuals surrender
certain freedoms and accept the authority of the state in exchange for
protection, security, and the maintenance of order.
Its parameters include:
The existence of a governing authority,
Consent (express or implied) of the governed,
The exchange of individual freedoms for state protection and
regulation.
1.2 Distinguish between the following terms: prosecutors and state
advocates; state attorneys and attorneys. (4)
(a) Prosecutors and State Advocates
A prosecutor represents the state in criminal cases, mainly in the
Magistrates’ Courts. Prosecutors conduct criminal proceedings on
behalf of the state.
A state advocate also represents the state in criminal matters but
generally appears in higher courts such as the High Court. State
advocates deal with more serious and complex criminal cases.
The difference lies mainly in the level of court and complexity of
matters handled.
, (b) State Attorneys and Attorneys
A state attorney is a legal practitioner employed by the government to
represent state departments and organs of state in civil matters.
An attorney is a private legal practitioner who provides legal services
to individuals, companies, or other private clients.
The distinction is that state attorneys represent the government, while
private attorneys represent members of the public.
1.3 Define the term “law” and explain how it differs from rules in
general. (4)
Law is a system of binding rules and principles recognised and
enforced by the state to regulate conduct in society.
Law differs from rules in general because:
Law is created or recognised by the state.
Law is enforceable by courts and carries legal sanctions.
Law applies to all persons within a jurisdiction.
General rules (such as school rules or moral rules) may regulate
behaviour but are not enforceable by courts and do not carry legal
consequences.
Question 2
(Refer to the Legal Practice Act 28 of 2014)
1(a) In general, what is the short title of the Act? (1)
The short title is the abbreviated name by which an Act of Parliament
is commonly known.