HFL1501
Historical Foundations of South African Law
MAY 2022
EXAM PACK
Consisting of MCQ and Longer Questions
Compiled by
Camecia Cass
, FIRST AND SECOND SEMESTER: ASSIGNMENT
Question 1
Which one of the following is not an official source of South African law?
(1) The common law
(2) Islamic law
(3) Indigenous African law
(4) Judicial precedent
Question 2
Which one of the following statements regarding the South African legal system is not
correct?
(1) It is a pluralistic legal system.
(2) It has features of various legal traditions.
(3) It is a codified legal system
. (4) It is a mixed legal system.
Question 3
Which one of the following statements regarding the South African common law is correct?
(1) The South African common law consists of only Roman-Dutch law.
(2) The South African common law consists of Roman-Dutch law and indigenous African
law.
(3) The South African common law consists of Roman-Dutch law, influenced by English law
and indigenous African law.
(4) The South African common law consists of Roman-Dutch law, influenced by
English law and adapted over the centuries by local legislation and judicial
precedent.
Question 4
Which one of the following statements regarding the application of indigenous African law is
not correct?
(1) It appears that the Bantu speakers came to South Africa 1 500 years ago.
,(2) Indigenous law has, to some extent, been recorded through legislation and
restatement, and is no longer essentially oral in nature.
(3) Until the 1950s, pre-colonial history in Africa was a much neglected part of historical
research.
(4) Ethnography and archaeology are two disciplines that are used when researching pre-
colonial African history.
Question 5
In which one of the following decisions did the Constitutional Court hold that the natural
interpretation of the word “spouse” in the Intestate Succession Act 81 of 1987 and in the
Maintenance of Surviving Spouses Act 27 of 1990 should include partners in a
monogamous Muslim marriage?
(1) Daniels v Campbell
(2) Ismail v Ismail
(3) Ryland v Edros
(4) Hassam v Jacobs
Question 6
Which one of the following statements regarding the ancient Greek philosophers and legal
system is not correct?
(1) Greek philosophers, such as Plato and Aristotle, wrote much on the purpose of the law,
the ideal society and the nature of justice.
(2) The roots of critical thinking in the Western tradition originated in ancient Greece.
(3) The content and structure of ancient Greek law greatly influenced the South
African legal system.
(4) The ancient Greeks’ ideal of a scientific and rational legal system greatly influenced the
Western legal tradition.
Question 7
Read the following scenario and then answer the question by choosing the correct option:
It is the second century BC. Flavius, a Roman merchant, enters into an agreement with
Nikolaus, a Greek potter, to send him two hundred finely crafted Greek urns. However,
when the urns finally arrive three months later, Flavius claims that the quality of the urns is
not as agreed. Flavius refuses to accept the shipment and tells Nikolaus that he considers
the contract to be void. Nikolaus is very distraught as he has travelled far in order to
, personally deliver the urns to Flavius in Rome; Nikolaus needs to sell the urns to be able to
afford the journey home. He decides to take the dispute to court.
Which official will administer justice, and determine the civil procedure that the parties
should follow in their lawsuit? Choose your answer from one of the following options:
(1) The aediles curules
(2) The praetor peregrinus
(3) The praetor urbanus
(4) The emperor
Question 8
Which one of the following statements regarding the development of Roman law is
correct?
(1) During the republican period, the king of Rome was the supreme judge and he made
the law.
(2) The Statute of Citation codified the praetorian edicts and was promulgated during the
period of the Principate.
(3) The post-classical era was characterised by the decline of classical Roman
science.
(4) During the later years of the Monarchy, the jurists developed into a separate group that
gave free legal advice to the public.
Question 9
Which one of the following factors did not contribute to the revival of Roman law in Western
Europe in the eleventh century?
(1) The law of that time could no longer satisfy the needs of a more complex and
sophisticated society.
(2) In terms of the feudal system, each region, city or town had its own separate legal
system.
(3) The legal diversity at the time hampered trade and created a need for one universal
written legal system.
(4) Roman law, a sophisticated legal system, was known to everybody and was
easily available in the form of the Decretum Gratiani.
Question 10
Historical Foundations of South African Law
MAY 2022
EXAM PACK
Consisting of MCQ and Longer Questions
Compiled by
Camecia Cass
, FIRST AND SECOND SEMESTER: ASSIGNMENT
Question 1
Which one of the following is not an official source of South African law?
(1) The common law
(2) Islamic law
(3) Indigenous African law
(4) Judicial precedent
Question 2
Which one of the following statements regarding the South African legal system is not
correct?
(1) It is a pluralistic legal system.
(2) It has features of various legal traditions.
(3) It is a codified legal system
. (4) It is a mixed legal system.
Question 3
Which one of the following statements regarding the South African common law is correct?
(1) The South African common law consists of only Roman-Dutch law.
(2) The South African common law consists of Roman-Dutch law and indigenous African
law.
(3) The South African common law consists of Roman-Dutch law, influenced by English law
and indigenous African law.
(4) The South African common law consists of Roman-Dutch law, influenced by
English law and adapted over the centuries by local legislation and judicial
precedent.
Question 4
Which one of the following statements regarding the application of indigenous African law is
not correct?
(1) It appears that the Bantu speakers came to South Africa 1 500 years ago.
,(2) Indigenous law has, to some extent, been recorded through legislation and
restatement, and is no longer essentially oral in nature.
(3) Until the 1950s, pre-colonial history in Africa was a much neglected part of historical
research.
(4) Ethnography and archaeology are two disciplines that are used when researching pre-
colonial African history.
Question 5
In which one of the following decisions did the Constitutional Court hold that the natural
interpretation of the word “spouse” in the Intestate Succession Act 81 of 1987 and in the
Maintenance of Surviving Spouses Act 27 of 1990 should include partners in a
monogamous Muslim marriage?
(1) Daniels v Campbell
(2) Ismail v Ismail
(3) Ryland v Edros
(4) Hassam v Jacobs
Question 6
Which one of the following statements regarding the ancient Greek philosophers and legal
system is not correct?
(1) Greek philosophers, such as Plato and Aristotle, wrote much on the purpose of the law,
the ideal society and the nature of justice.
(2) The roots of critical thinking in the Western tradition originated in ancient Greece.
(3) The content and structure of ancient Greek law greatly influenced the South
African legal system.
(4) The ancient Greeks’ ideal of a scientific and rational legal system greatly influenced the
Western legal tradition.
Question 7
Read the following scenario and then answer the question by choosing the correct option:
It is the second century BC. Flavius, a Roman merchant, enters into an agreement with
Nikolaus, a Greek potter, to send him two hundred finely crafted Greek urns. However,
when the urns finally arrive three months later, Flavius claims that the quality of the urns is
not as agreed. Flavius refuses to accept the shipment and tells Nikolaus that he considers
the contract to be void. Nikolaus is very distraught as he has travelled far in order to
, personally deliver the urns to Flavius in Rome; Nikolaus needs to sell the urns to be able to
afford the journey home. He decides to take the dispute to court.
Which official will administer justice, and determine the civil procedure that the parties
should follow in their lawsuit? Choose your answer from one of the following options:
(1) The aediles curules
(2) The praetor peregrinus
(3) The praetor urbanus
(4) The emperor
Question 8
Which one of the following statements regarding the development of Roman law is
correct?
(1) During the republican period, the king of Rome was the supreme judge and he made
the law.
(2) The Statute of Citation codified the praetorian edicts and was promulgated during the
period of the Principate.
(3) The post-classical era was characterised by the decline of classical Roman
science.
(4) During the later years of the Monarchy, the jurists developed into a separate group that
gave free legal advice to the public.
Question 9
Which one of the following factors did not contribute to the revival of Roman law in Western
Europe in the eleventh century?
(1) The law of that time could no longer satisfy the needs of a more complex and
sophisticated society.
(2) In terms of the feudal system, each region, city or town had its own separate legal
system.
(3) The legal diversity at the time hampered trade and created a need for one universal
written legal system.
(4) Roman law, a sophisticated legal system, was known to everybody and was
easily available in the form of the Decretum Gratiani.
Question 10
