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Jurisprudence - Questions & Answers

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Questions and answers to help ace examinations and tutorial questions that cover the basics of jurisprudence 110.

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January 14, 2022
Number of pages
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Written in
2021/2022
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JURISPUDENCE 110
Questions & answers
Name the most appropriate official/ office to deal with each issue and reasons for your answer
1. Relebogile is prosecuted for murder and cannot afford legal representation
2. This person prosecutes the accused persons in a criminal matter on behalf of the state in the Magistrate’s
court
3. This body investigates, reports and makes recommendations on complaints received from the public against
the government officials
4. This person will draft your ante nuptials before you get married
5. This official of the court delivers summonses to parties in civil cases
6. This official is the head of administration in the High Court
7. Your legal representation in the Con Court when testing the validity of an act
8. Y and B are busy getting a divorce but cannot seem to agree on the parenting pplan of the minor children
9. This person represents the state when suing Relebogile for breach of contract
10. This person represents you in the magistrate’s court
11. This official adjudicates cases in the district magistrate’s court
12. This person deals with the transfer of land registration thereof in the Deeds office
13. This body will become the single government structure for all legal practitioners under the new act

Question 2
Andile is a Rastafarian and smokes marijuana as an integral part of his religion. His dream is to become a human rights
advocate. Advise Andile on this matter. You must apply to applicable case law
Critically discuss the problematic issue of being considered ‘fit and proper’
- Discretionary value-judgement
- At beginning of career
- Political and examples

Question 3
You are an advocate and your mother’s friend is truly in need of some legal assistance. Can she contact you directly to
request your legal assistance? You must discuss the positions before and after introduction of LPA.

Question 4
Your cousin is an attorney and you need someone to represent you in a civil matter in the High Court. Explain whether
and why/ why not your cousin will be able to represent you in this court. You must always provide reasons for your
answer and the necessary requirements if applicable.

Question 5
Andile is a 4th year LLB student. He has heard some rumours about a new legislation for the legal profession.
Apparently this act is really focusing on transformation and access to justice. Explain to Andile what justice Mojapelo
meant with his reference to ‘access to justice’ and how the new act will impact on these ideals.

Answers
1. Public defender
2. Public prosecutor
3. Public prosecutor
4. Notary
5. Registrar
6. Sheriff
7. Attorney, advocate (litigation specialist)
8. Family advocates
9. Advocate
10. Magistrate
11. Competitor
12. –
13. Legal council
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