Cla1503 Exam Pack
Question 1
Which ONE of the following statements regarding the South African legal system is CORRECT?
A. The Constitution of the Republic of South Africa, 1996 is subordinate to Acts of Parliament.
B. Roman-Dutch law forms the historical basis of the South African legal system.
C. Customary law is not recognised as a source of law in South Africa.
D. English law has never influenced South African commercial law.
Correct Answer: B
Explanation: Roman-Dutch law forms the historical foundation of South African law,
supplemented by English law and legislation. The Constitution is supreme, and customary law is
recognised.
Question 2
Constitutional supremacy in South Africa means that:
A. Parliament may make any law without judicial review.
B. The Constitution is the highest law, and any law contrary to it may be declared invalid.
C. The President has the power to override the Constitution in emergencies.
D. Only the Constitutional Court must apply the Constitution.
Correct Answer: B
Explanation: Constitutional supremacy means the Constitution is the supreme law; any
legislation inconsistent with it is invalid. All courts must apply the Constitution.
Question 3
,A dispute arises regarding the interpretation of a will. Which court would be the appropriate
forum of first instance?
A. The Small Claims Court
B. A Magistrates' Court
C. The High Court
D. The Supreme Court of Appeal
Correct Answer: C
Explanation: The High Court has jurisdiction over the validity and interpretation of wills.
Magistrates' Courts and Small Claims Courts lack this jurisdiction.
Question 4
The doctrine of stare decisis requires that:
A. Courts must follow previous decisions of higher courts within the same jurisdiction.
B. Courts may ignore precedents if they disagree with the reasoning.
C. Only Constitutional Court decisions are binding on all courts.
D. Lower courts may overrule decisions of higher courts.
Correct Answer: A
Explanation: Stare decisis means standing by decisions; lower courts are bound by higher
courts' ratio decidendi within the same jurisdiction.
Question 5
Which part of a judgment is binding on lower courts in subsequent cases?
A. The obiter dictum
B. The ratio decidendi
C. The order of the court
D. The summary of facts
Correct Answer: B
Explanation: The ratio decidendi (the legal reasoning) is binding. Obiter dicta are persuasive but
not binding.
,Question 6
Which ONE of the following is NOT a source of South African law?
A. The Constitution
B. Legislation
C. Foreign case law
D. Customary law
Correct Answer: C
Explanation: Foreign case law is persuasive at most but not a formal source. The Constitution,
legislation, case law, common law, and customary law are sources.
Question 7
The highest court in South Africa in constitutional matters is:
A. The Supreme Court of Appeal
B. The High Court
C. The Constitutional Court
D. The Magistrates' Court
Correct Answer: C
Explanation: The Constitutional Court is the highest court in all constitutional matters and has
final jurisdiction over them.
Question 8
A magistrate's court may hear a civil claim for:
A. Divorce proceedings
B. Claims exceeding R500,000
C. Claims of R200,000 for breach of contract
D. Validity of a will
Correct Answer: C
, Explanation: District Magistrates' Courts have civil jurisdiction up to R200,000. Regional courts
have higher limits. Divorce and will validity are High Court matters.
Question 9
The term "common law" in South Africa refers to:
A. Legislation enacted by Parliament
B. Roman-Dutch law as developed by our courts
C. Customary law of indigenous communities
D. English law imported into South Africa
Correct Answer: B
Explanation: South African common law is Roman-Dutch law as interpreted and developed by
South African courts over time.
Question 10
Which ONE of the following statements about the Supreme Court of Appeal is CORRECT?
A. It is seated in Pretoria.
B. It hears appeals from any court in South Africa.
C. It is the highest court in all matters.
D. It sits in Bloemfontein.
Correct Answer: D
Explanation: The Supreme Court of Appeal is seated in Bloemfontein and hears appeals from
High Courts. The Constitutional Court is the highest court.
Question 11
The principle of judicial precedent means:
A. Judges must follow the decisions of foreign courts.
B. Decisions of superior courts bind lower courts.
C. Judges may decide cases without reference to previous decisions.
D. Only legislation is binding on courts.
Question 1
Which ONE of the following statements regarding the South African legal system is CORRECT?
A. The Constitution of the Republic of South Africa, 1996 is subordinate to Acts of Parliament.
B. Roman-Dutch law forms the historical basis of the South African legal system.
C. Customary law is not recognised as a source of law in South Africa.
D. English law has never influenced South African commercial law.
Correct Answer: B
Explanation: Roman-Dutch law forms the historical foundation of South African law,
supplemented by English law and legislation. The Constitution is supreme, and customary law is
recognised.
Question 2
Constitutional supremacy in South Africa means that:
A. Parliament may make any law without judicial review.
B. The Constitution is the highest law, and any law contrary to it may be declared invalid.
C. The President has the power to override the Constitution in emergencies.
D. Only the Constitutional Court must apply the Constitution.
Correct Answer: B
Explanation: Constitutional supremacy means the Constitution is the supreme law; any
legislation inconsistent with it is invalid. All courts must apply the Constitution.
Question 3
,A dispute arises regarding the interpretation of a will. Which court would be the appropriate
forum of first instance?
A. The Small Claims Court
B. A Magistrates' Court
C. The High Court
D. The Supreme Court of Appeal
Correct Answer: C
Explanation: The High Court has jurisdiction over the validity and interpretation of wills.
Magistrates' Courts and Small Claims Courts lack this jurisdiction.
Question 4
The doctrine of stare decisis requires that:
A. Courts must follow previous decisions of higher courts within the same jurisdiction.
B. Courts may ignore precedents if they disagree with the reasoning.
C. Only Constitutional Court decisions are binding on all courts.
D. Lower courts may overrule decisions of higher courts.
Correct Answer: A
Explanation: Stare decisis means standing by decisions; lower courts are bound by higher
courts' ratio decidendi within the same jurisdiction.
Question 5
Which part of a judgment is binding on lower courts in subsequent cases?
A. The obiter dictum
B. The ratio decidendi
C. The order of the court
D. The summary of facts
Correct Answer: B
Explanation: The ratio decidendi (the legal reasoning) is binding. Obiter dicta are persuasive but
not binding.
,Question 6
Which ONE of the following is NOT a source of South African law?
A. The Constitution
B. Legislation
C. Foreign case law
D. Customary law
Correct Answer: C
Explanation: Foreign case law is persuasive at most but not a formal source. The Constitution,
legislation, case law, common law, and customary law are sources.
Question 7
The highest court in South Africa in constitutional matters is:
A. The Supreme Court of Appeal
B. The High Court
C. The Constitutional Court
D. The Magistrates' Court
Correct Answer: C
Explanation: The Constitutional Court is the highest court in all constitutional matters and has
final jurisdiction over them.
Question 8
A magistrate's court may hear a civil claim for:
A. Divorce proceedings
B. Claims exceeding R500,000
C. Claims of R200,000 for breach of contract
D. Validity of a will
Correct Answer: C
, Explanation: District Magistrates' Courts have civil jurisdiction up to R200,000. Regional courts
have higher limits. Divorce and will validity are High Court matters.
Question 9
The term "common law" in South Africa refers to:
A. Legislation enacted by Parliament
B. Roman-Dutch law as developed by our courts
C. Customary law of indigenous communities
D. English law imported into South Africa
Correct Answer: B
Explanation: South African common law is Roman-Dutch law as interpreted and developed by
South African courts over time.
Question 10
Which ONE of the following statements about the Supreme Court of Appeal is CORRECT?
A. It is seated in Pretoria.
B. It hears appeals from any court in South Africa.
C. It is the highest court in all matters.
D. It sits in Bloemfontein.
Correct Answer: D
Explanation: The Supreme Court of Appeal is seated in Bloemfontein and hears appeals from
High Courts. The Constitutional Court is the highest court.
Question 11
The principle of judicial precedent means:
A. Judges must follow the decisions of foreign courts.
B. Decisions of superior courts bind lower courts.
C. Judges may decide cases without reference to previous decisions.
D. Only legislation is binding on courts.
