SCL1501 Assignment 1 Semester 1 2023

SCL1501 ASSIGNMENT 1 SEMESTER % TRUSTED workings, explanations and solutions. For assistance call or us on 079 811 9845 . SCL1501 Assignment 1 SEMESTER 1 2023 TOTAL [50] QUESTION 1 Read Study Unit 1 in your Study Guide and answer the following questions: 1.1 Discuss the relevance of "learning by doing", especially for law students. (4) 1.2 Read the section on “finding an Act of Parliament” (Study Unit 3 of your Study Guide) and then find any Act of Parliament. With reference to that Act, explain the following: a) Preamble (2) b) Long Title (2) c) Date of Effect (2) (6) QUESTION 2 “So, the Advocate Dali Mpofu is correct, we can afford free education for all South African children. But where I come from, I do not jubilate at free education, I want to revisit the curriculum; I want to know which publishing companies benefit from the education of our children, where they come from and what their philosophy of education is”. Moss Mashamaite (2014). (a) Explain the notion of praxis and why it has no place in "banking education". (4) (b) Discuss the above extract with reference to Freire’s views on education. (6) QUESTION 3 (a) "Apart from the rules concerning the interpretation of Acts as contained in the Interpretation of Act 33 of 1957, certain presumptions must also be taken into account." Explain the reasons why it is important for presumptions to be taken into account. (4) (b) Remember that there are three different types of cases: criminal, civil and constitutional cases. Explain when a case would be regarded as a criminal, civil or constitutional case. In your answer refer to the courts which have jurisdiction to hear those cases. (5) QUESTION 4 Read the section on “litigation in a court of law” (Study Unit 4 of your Study Guide) and then differentiate between (i) examination-in-chief and (ii) cross-examination”. Give practical examples. (5) QUESTION 5 Jane Doe purchased a Range Rover last week for R790 500 (VAT incl). While driving from the Dube Port area along the N2 Road in Durban, she collides with John Wick, who is the owner-driver of a Porshe Cayenne. Doe is 23% negligent, whereas Wick is 33% negligent. The damage to the Range Rover is estimated at R175 000.00. It is uneconomical to repair the Porsche, but its salvage value is R125 000.00. The pre-accident value of the Porsche was R985 000.00. With reference to the damages to Doe and Wick’s motor vehicles, calculate who must pay whom, and what would be the amount in damages. (4) Question 6 Lisa Malan, an attorney at Pieterse Attorneys, arranges an account for her client, Thabo Makhene, on the following basis: Every letter written R54 Every letter received R35 Drafting of summons R950 Drafting of an affidavit R66 per page or any part thereof Telephonic consultations R180 per 15 minutes or any part thereof Consultation R760 per 30 minutes or any part thereof Stamps R4.20 VAT excl During the past month Malan rendered the following services: Received 7 letters Wrote and posted 12 letters Drafted 2 summonses Drafted three affidavits: 1 consisting of 2 pages, 1 consisting of 2½ pages and 1 consisting of 3½ pages Consulted twice telephonically: first for 26 minutes and later 16 minutes Consultation twice: first for 35 minutes and later for 1 hour and 32 minutes Instructed an Advocate to draft a document. The Advocate charged R975 VAT excl Client went to Grahamstown Hospital to consult a doctor, and source out a medico-legal report. The doctor charged R3 350.00 VAT excl. Draft a comprehensive statement of account for Lisa Malan to Thabo Makhene. (12)