SCL1501 EXAM_PACK

 Question 1.1 Laws are set and enforced by organs of state whereas rules are set and enforced by organizations and individuals. Laws are inflexible and carry stiff penalties while rules are more flexible and have lighter consequences  when broken. Question 1.2 (i) The aim of punishment is to do something to a person because they have broken a law. (ii) Forms of punishment Retribution Deterrence Reformation Vindication Reparation Question 2.1 In studying, one acquires knowledge through critical consolidation of facts and actively involved in the study process whereas in learning, one is being taught and follow the teacher’s instruction. Question 2.2  Questioning or interrogating the information.  Gathering new ideas and information.  Applying information to one’s own life and in relevant situations.  Interacting and discussion  Students or the lecturer LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] Question 3.1 Banking education is associated with regarding students as empty containers which educators must deposit knowledge into. The students just grasp the knowledge without criticizing it. Question 3.2 Dialogue is a conversation between two or more people. It is a core element of learning as information must flow from the teacher to the student and vice versa. Question 4.1 Prioritizing involves treating something as the most important among others. Question 4.2 What is important for me? Which activities can I afford to give up? What needs to be done urgently? Question 5.1  This except encourages one to choose a study group than studying alone. This is due to the fact that law practitioners always find themselves being part of a group in practice. For those who cannot manage to study with others in study groups may study individually but however they will at some stage be required to be part of a group in their careers. Question 5.2  Free flow of communication and chairperson.  In this model there is a leader or chairperson responsible for the flow of communication even though group members may freely talk to each other. It is LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] suitable for a big group and the chairpersons see to it that the decisions taken are implemented.  It is also used with biggest success. SECTION 2 Question 1.1 Legal studies also involve mathematics when lawyers need to pay the employees’ salary, work out consultation fees, divide estates, determine damages etc. Question 1.2 The clients will lose confident in their lawyer and it will be difficult to convince the court with bad numeric skills. Question 2.1 R450 000 ÷ 3 = R150 000 each Question 2.2 (R12000 + R13 000 + R11 000 + R18 000) ÷ 4 R 54 000 ÷ = R 13 500 is average income pm. Question 3.1 Junior Maake is 36 % negligent 36/100 x R320 000 – R78 000 36/100 X R242 000 = R87 120 Junior Maake has to pay Fix Mogule R87 120 Fix Mogale is 53% negligent LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] Damage = ¼ x R240 000 = R60 000 53/100 X R60 000 = R31 800 Fix Mogale has to pay Junior Maake R31 800 Junior Maake has to pay R87 120 R31 800 = R55 320 to Fix Mogale Question 3.2 Salvage value is the value of an asset after it has come to the end of its useful life. After the accident, the Mercedes Benz was damaged to an extent that its useful life came to an end. The scrap which was left behind is worth R78 000 is its salvage value. SECTION 3 Question 1.1  Showing interest in Monadha  Allow him to relax  Enquire the client’s name and how he would be preferred to be addressed as  Talk about general issuesoffer him a tea, coffee or a soft drink  Reassure him about the confidentiality of the discussion. Question 1.2  Ask the client to give a short outline of what happened.  Write down notes as she speaks.  Ask him to stop if he is speaking too fast or if I want to make clarifications.  Politely ask him to restart the story.  Check all inconsistencies and deviations  Remain focused on the facts of the story.  Ensure that all the relevant information have been gathered from him. LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] Question 1.3  Do not judge the speaker  Use non – verbal communication to help the speaker relax and rust in you.  Do not interrupt the speaker.  Avoid disturbances like phone ringing etc.  Do not quote examples from your own life  Once the person has finished make a summary of what he/she said.  Do not give advice unless you are asked for it.  Ask questions if you need clarification. Question 1.4 (a) Comprehensive opening address Your worship My name is xx I act for the accused, Manadha My client is charged with the offence of grievous bodily harm (GBH) done against Gooham that occurred on 1 March 2015 at Lenyenye township in Tzaneen. I will call Makopini, a vendor operating within the area and Letsatsi, a friend of Monadha, who were all present when the alleged offence took place. (b) Tell the court where you were on 1 March 2015 Do you know why you are here in court Mr. Monadha. (c) My client Monadha is not guilty because he only acted in self-defense against Salojee and Goolam. Therefore he must be acquired. Question 2.1 (a) Argumentum ad hominem is when one goes off topic by attacking the arguer instead of the argument. LUCIANO SCHOOL OF LAW & SOCIAL SCIENCES [LSLSS] (b) Argue from authority is when one introduce a name in an attempt to strengthen the argument. Question 2.2  Premises are statements, propositions, facts assumptions from which another is inferred or follows as conclusion.  Conclusions on the other hand are judgments or decisions reached by reasoning.  Examples of a premise and a conclusion are written below:  Premise – Brazil is the home of soccer  Conclusion – all Brazilians play soccer. SECTION 4 Question 1.1  An ombudsman in the South African legal system is an official appointed by the government who is charged with representing the interest of the public by investigating and addressing complaints reported by individual citizen. Question 1.2  The individual is seen as a fundamental actor because the legal system is created by the citizen to serve them and citizens agree to comply with the system.