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Exam (elaborations)

CLA1503-23-S2Assessment 1.

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CLA1503-23-S2Assessment 1.

Institution
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Institution
Module

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Uploaded on
August 23, 2023
Number of pages
12
Written in
2023/2024
Type
Exam (elaborations)
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Questions & answers

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Assessment 1
Open course index
Open block drawer
Started on Monday, 21 August 2023, 11:09 PM
State Finished
Completed on Monday, 21 August 2023, 11:18 PM
Time taken 8 mins 39 secs
Marks 8.00/10.00
Grade 80.00 out of 100.00
Question 1
Correct
Mark 1.00 out of 1.00

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Question text
Mr and Mrs Potgieter want to apply for a divorce.
Which of the following courts can they approach to have the matter heard?




1.
the High Court or a Regional Magistrates’ Court


2.
the Constitutional Court


3.
only a Regional Magistrate’s Court


4.
the Supreme Court of Appeal
Feedback
Your answer is correct.
4 is CORRECT. A divorce matter can be heard by a High Court, and in terms of the Jurisdiction
of Regional Courts Amendment Act 31 of 2008 divorce matters can now also be heard by certain
Regional Magistrates’ courts.
1 is INCORRECT. The Supreme Court of Appeal is only a court of appeal.
2 is INCORRECT. The Constitutional Court hears matters regarding the interpretation of the
Constitution.
3 is INCORRECT. Although Regional Magistrates’ Courts can hear divorce matters in terms of
the Regional Courts Amendment Act 31 of 2008, the High Courts also have jurisdiction in
divorce matters.

, The correct answer is:
the High Court or a Regional Magistrates’ Court

Question 2
Correct
Mark 1.00 out of 1.00

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Question text
Jaco is a famous inventor of new environmentally friendly trucks. He stands in his ultra-modern
workshop admiring the revolutionary new electrically powered truck that he designed for the
company, Big Trucks, who still owes him R5 000 000.
This sentence contains four legal objects, one from each of the four categories of Jaco’s
subjective rights.
The R5 000 000 owed to Jaco is an example of which one of the following rights?




1.
an immaterial property right.


2.
a real right.


3.
a personal right.


4.
a personality right.
Feedback
Your answer is correct.
3 is CORRECT. Personal rights are rights in terms of which some type of conduct, referred to as
performance, can be demanded from a person. Personal rights may come about through a
contract, delict or unjustified enrichment. Performance can entail giving something, doing
something or refraining from doing something. Jaco has a personal right to the R5 000 000 Big
Trucks still owes him for the invention they bought from him, probably in terms of a contract of
sale.
1 is INCORRECT. A real right is a right a legal subject has over property such as a book, a pencil
or a farm. Jaco has a real right on his workshop, if it is registered in his name.
2 is INCORRECT. Personality rights are rights relating to aspects of a person’s personality, for
example physical integrity or reputation. Jaco’s well-earned reputation as a famous inventor of
cars is the object of a personality right.

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