IOS 2601 PRACTICE QUESTIONS AND ANSWERS-LATEST UPDATE

IOS 2601 PRACTICE QUESTIONS AND ANSWERS-LATEST UPDATE South African common law is known as … (1) English-Dutch law. (2) Latin law. (3) Roman-Dutch law. (4) Roman law. 2.According to the Constitution, the legislative menu consists of several items, such as municipal by-laws. Which of the following is NOT an item on the legislative menu? (1) Green Paper and White Paper policy legislation. (2) Provincial and national legislation. (3) Assigned legislation. (4) Instruments of subordinate legislation, proclamations and regulations. 3.Subordinate legislation is sometimes also referred to as … (1) original or supreme legislation. (2) direct or indirect legislation. (3) secondary or delegated legislation. (4) primary legislation. 4.Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence … (1) when it is published in the Government Gazette or on a date specified in the legislation or on an unspecified date still to be proclaimed by the President or the Premier of a province. (2) when it is published in the Government Gazette or on a date specified in the legislation or when it is published in a national newspaper. (3) when it is published in the Government Gazette or on an unspecified date still to be proclaimed by the Minister of Justice and Constitutional Development. (4) when it is published in the Government Gazette or on a date specified in the legislation or at the time when it becomes known throughout the country through mass information campaigns/sessions. 5.A directory statutory provision requires … (1) exact compliance. (2) direct compliance. (3) strict adherence. (4) substantial compliance. 6.A peremptory statutory provision requires … (1) some compliance. (2) that it may be complied with. (3) exact compliance. (4) that is may be deviated from. 7.Peremptory provisions are indicated … (1) by a word or words with an imperative or affirmative character. (2) by a word or words with a permissive character. (3) if the wording of the provision is in positive terms and no penal sanction is included for non-compliance with the requirements. (4) if strict compliance with the provisions would lead to injustice and even fraud (and the legislation contains neither an express provision as to whether the action should be null and void nor a penalty). . 8.In Bezuidenhout v AA Mutual Insurance Association Ltd 1987 (1) SA 703 (A) the court held the following: (1) A word or words with an imperative or affirmative character indicate a peremptory provision. (2) Words in a negative form indicate a peremptory connotation. (3) The word “shall” is a strong indication that the provision is peremptory. (4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory. . 9.Grammatical interpretation focuses on: (1) The clarification of the meaning of a particular constitutional provision in conjunction with the Constitution as a whole. (2) A construction that is congruent with the aim and purpose of the provision and with fundamental constitutional values must be determined. (3) The term refers to the process by means of which the court examines international law and the constitutional decisions of foreign courts. (4) The linguistic and grammatical meaning of the words, phrases, sentences and other structural components of the text. 10.Comparative interpretation entails: (1) That the travaux preparatoires of the Constitution may be consulted as an external aid, but they cannot be the deciding factor. (2) A process during which the court examines international law and the constitutional decisions of foreign courts. (3) An acknowledgement of the importance of the role of the language of the constitutional text. (4) That the values and moral standards underpinning the Constitution must be taken into account throughout. 11.Fill in the missing words. According to your prescribed textbook, the various dimensions of the “practical inclusive method of interpretation” include the language or grammatical aspect, the systematic aspect, the … aspect, the historical aspect and the … aspect. (1) value-based or teleological; comparative (2) contextual; textual (3) peremptory; directory (4) internal; external 12.In the case of ... the court acknowledged the unqualified application of the preamble to the Constitution. (1) Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A) (2) Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E) (3) Brown v Cape Divisional Council 1979 (1) SA 589 (A) (4) Chotabhai v Union Government 1911 AD 24 13.What does the term “repeal” refer to in the context of statutory interpretation? (1) The process whereby legislation is declared unconstitutional. (2) The process whereby legislation is invalidated. (3) The process whereby legislation is removed from the statute book. (4) The process whereby courts declare a statute legally unacceptable. 14.The presumption that legislation does not intend to change the existing law more than is necessary may be rebutted in the following circumstances. Which of the following is correct? (1) If the legislation clearly provides that the common law is being altered. (2) If the legislation contradicts the common law in a minor way. (3) If the legislation can be interpreted in a way that is in accordance with existing law. (4) Where the legislation is plainly not intended to alter the course of the common law. 15.Botha identifies three false assumptions that textualists make about the law-making function of the courts. Which of the following is NOT one of the assumptions? (1) They confuse the modification of the meaning of legislation with the literal modification of the text or language of the legislation. (2) They are willing to accept a literal interpretation of a statute which goes beyond the purpose of the legislation. (3) They rely on the doctrine of parliamentary supremacy, which has been replaced by the Constitution. (4) They rely on the common-law presumption that the legislature does not intend futile, meaningless and nugatory legislation. 16.The eiusdem generis rule can be applied where … (1) the specific words have not already exhausted the genus. (2) there is no common quality or common denominator. (3) the legislature’s intention does not support restrictive interpretation. (4) the order in which the words appear is of high importance. 17.The eiusdem generis rule can be applied where ... (1) the specific words have already exhausted the genus. (2) there is a common quality or common denominator. (3) the legislature’s intention does not support restrictive interpretation. (4) the order in which the words appear is of high importance. 18.In which case was it stated that a supreme constitution must be given a generous and purposive interpretation? (1) Nyamakazi v President of Bophuthatswana (1994) 1 BCLR 92 (B) (2) Nortje v Attorney General of the Cape 1995 (2) SA 460 (C) (3) Shabalala v The Attorney-General of Transvaal 1996 (1) SA 125 (CC) (4) S v A Juvenile 1990 (4) SA 151 (ZSC) 19.Promulgation refers to... (1) the different stages, readings and processes through which legislation has to pass before it is accepted and issued by the relevant legislative body. (2) the process by which the judiciary may modify or adapt the ordinary meaning of a legislative provision in such a way that it conforms to the purpose or aim of the legislation. (3) the process by which legislation commences and is formally put into operation. (4) the process whereby legislation which is alleged to be in conflict with the Constitution is reviewed or tested by the court. 20.The following court case is an example in which restrictive interpretation was applied: (1) Skinner v Palmer 1919 WLD 39. (2) Minister van Polisie v De Beer 1970 (2) SA 712 T. (3) Jaga v Donges 1950 (4) SA 653 (A). (4) Tefu v Minister of Justice 1953 (2) SA 61 (T). 21.When interpreting a piece of legislation, internal aids are used. Which of the aids mentioned below is not an internal aid of interpretation? (1) The long title. (2) The definitions clause. (3) Commission reports. (4) The preamble. 22.When interpreting a piece of legislation, internal aids are used. Which of the aids mentioned below is not an internal aid of interpretation? (1) (1) The long title. (2) The definitions clause. (3) Dictionaries. (4) The preamble. . 23.When interpreting a piece of legislation, external aids are used. Which of the aids mentioned below is not an external aid of interpretation? (1) the time factor (2) the Constitution (3) dictionaries and linguistic evidence (4) the source of a provision 24.Which of the following is NOT an external aid to statutory interpretation? (1) definitions in the Constitution (2) definitions in the Interpretation Act (3) definitions in the Act being interpreted (4) definitions in dictionaries 25.The following are semantic guidelines determining that a provision is directory. Identify the incorrect guideline. (1) Permissive words such as “may” indicate discretion and will be interpreted as being directory, unless the purpose of the provision indicates otherwise. (2) Positive language suggests that the word is merely directory. (3) A word or words with an imperative character indicate a directory provision. (4) If the provision is formulated in flexible and vague terms, it is an indication that it is directory. 26.The following are some of the semantic and jurisprudential guidelines and the presumptions about specific circumstances determining that a provision is directory. Identify the INCORRECT guideline. (1) If strict compliance with the provisions would lead to injustice and even fraud, it is presumed that the provision is directory. (2) If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-compliance with the requirements, it is an indication that the provision in question should be regarded as directory. (3) If other provisions in the legislation could become superfluous (meaningless) when non- compliance with prescribed requirements results in the nullity of the act, there is a presumption that the requirements are merely directory. (4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory. 27.Indicate which statement is NOT correct. Followers of the contextual school claim the following: (1) The court has a creative law-making function during statutory interpretation. (2) It is the task of the court to ensure that the legislative process has a just end. (3) Only when the court applies legislation does it become a real and complete, functional statute. (4) The court should interpret legislation only within the framework of the words in the legislation. 28.Although they are published in the Government Gazette, the following documents do not constitute legislation: (1) Legal notices, reports, draft Bills, discussion papers and proclamations. (2) Legal notices, reports, draft Bills, discussion papers and advertisements. (3) Legal notices, reports, draft Bills, discussion papers and the Constitution. (4) Legal notices, reports, draft Bills, discussion papers and regulations. 29.In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed that a court is obliged to………….. (1) develop the common law in view of the Constitution. (2) allow legislation to trump common law as it is usually the practice. (3) allow common law and legislation to operate side-by-side. (4) develop common law in view of applicable legislation. 30.If an act was tabled on 13 January, agreed to by the parliament on 14 January, signed by the president on 21 February and published in the Government Gazette on 2 March, what would the date of promulgation be? (1) 21 February. (2) 2 March. (3) 13 January. (4) 14 January. 31.The following are guidelines to constitutional interpretation. Please state which guideline is incorrect. (1) A supreme Constitution must be given a generous and purposive interpretation. (2) The spirit and tenor of the Constitution must be adhered to during interpretation. (3) The context of the Constitution is anchored by the values in the Constitution. (4) The principles of international human rights law must be applied during interpretation. 32.In S v Makhubela 1981 (4) SA 210 (B) … (1) the court held that the word “drive” should only be construed according to its dictionary meaning. (2) the accused was charged with the performance of illegal abortions in terms of the Abortion and Sterilisation Act 2 of 1975. (3) the court decided that the definition of the word “drive”, as found in the Road Traffic Act 7 of 1973, was inadequate, and therefore also consulted a dictionary. (4) the case dealt with a claim for damages after a police vehicle had collided with a private motorcar. 33.According to the textualism viewpoint, courts will only use the secondary and tertiary aids to interpretation … (1) to determine the intention of the legislature. (2) when the words in the legislation seem unclear and ambiguous. (3) to determine the abstract purpose of the text. (4) to determine the purpose of the legislation. According to the practical inclusive method of interpretation, teleological interpretation … (1) considers the circumstances which gave rise to the adoption of the legislation and the legislative history (prior legislation and preceding discussions). (2) is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the fundamental constitutional values. (3) refers to the process during which the court examines the interpretation of similar legislation by foreign courts, as well as international law. (4) is concerned with the clarification of the meaning of a particular legislative provision in relation to the legislative text as a whole. 35.Indicate which statement is NOT correct: The mischief rule … (1) is an explanation of the legislation which is given by persons in some or other way involved in the adoption of the legislation, or shortly afterwards during its first application. (2) was laid down by Lord Coke in the famous Heydon’s case (1584) 3 Co Rep 7a (76 ER 637). (3) aims to examine the circumstances that lead to the adoption of the legislation in question. (4) was applied in Santam Insurance Ltd v Taylor 1985 (1) SA 514 (A) where the court examined the historical background of the Compulsory Motor Vehicle Insurance Act 56 of 1972 in order to ascertain its purpose. 36.In Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA ... (1) acknowledged that the purpose of section 22 of Act 22 of 1913 was to create a subjective test for the identification of undesirable persons who should be removed from society by deportation. (2) stated that irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem to be, the relevant contextual factors may be taken into account. (3) stated that the ordinary meaning of the expression “sentenced to imprisonment” is unambiguous and solely meant “being physically removed to prison”. (4) acknowledged that right from the outset the interpreter may take the wider context of the provision into consideration with the legislative text in question. 37.Adoption refers to ... (1) the process of putting legislation officially and legally into operation. (2) a state of affairs where legislation operates as of a time prior to its enactment, in other words, it operates backwards in time and changes the law from what it was. (3) the constitutionally prescribed and other legal processes and procedures required for the draft legislation to become law, including preparation of a draft Bill, introduction of the Bill in the legislature, and public participation (if required), as well as the committee stages, voting and assent. (4) construing enacted legal texts with reference to and reliance on other legal texts, concretising the text to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation. 38.The presumption that legislation applies only to the future is based on ... (1) the prevention of fair and reasonable results. (2) predictability and illegality. (3) unpredictability and legality. (4) the prevention of unfair and unreasonable results. 39.Indicate which statement is NOT correct: According to Botha, the following principles govern conflicts arising between signed and unsigned legislation: (1) The unsigned version of the legislative text may never be used to determine the intention of the legislature. (2) The signed version is conclusive only when there is an irreconcilable conflict between the versions. (3) If the one version of the text is wider than the other, then the common-denominator rule is followed. (4) If the versions differ but there is not conflict, the versions complement one another and they have to be read together. 40.In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC), the Constitutional Court laid down a number of principles to be considered and followed before … is applied. (1) reading-down (2) substitution (3) reading-in (4) suspension 41.Statutory interpretation … (1) deals with those rules and principles which are used to construct the correct meaning of legislative provisions to be applied in impractical situations. (2) is easy, quick and mechanical; doesn’t require excellent language skills and neither must the interpreter have a very good knowledge of the law and know where to find it. (3) is about construing enacted law-texts with reference to and reliance on other law-texts, concretising the text to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation. (4) is a mechanical exercise during which predetermined formulae, well-known maxims and careful reading will reveal the meaning of the legislative provision. 42.The Constitution: (1) provides that the spirit and purport of the Bill of Rights must be promoted when interpreting legislation. (2) influenced the interpretation of statutes only in cases of delegated legislation. (3) provides that international law may not be used to choose between different interpretations of the same legislation. (4) provides that legislation must be published at least 10 days before its commencement. CONTINUED.........................DOWNLOAD FOR MORE PRACTICE TO BEST SCORES