FUR2601 ASSIGNMENT 1
QUESTIONS AND ANSWERS
SEMESTER 2 2024
Question 1: Understanding the Nature of Law
● Question: Define the concept of "law" and explain its primary functions in society.
● Answer: Law is a system of rules that are created and enforced through social or
governmental institutions to regulate behavior. Its primary functions include maintaining
order, resolving disputes, protecting liberties and rights, and establishing standards for
the conduct of individuals and organizations.
Question 2: Sources of South African Law
● Question: Identify and describe the primary sources of South African law.
● Answer: The primary sources of South African law are:
1. Legislation: Laws passed by Parliament and other legislative bodies.
2. Common Law: Law derived from judicial decisions and interpretations.
3. Customary Law: Traditional laws that are recognized by the Constitution.
4. The Constitution: The supreme law of the land, which overrides any conflicting
laws.
5. Judicial Precedent: Past decisions of higher courts that lower courts must
follow.
Question 3: Classification of Law
● Question: Distinguish between public law and private law, providing examples of each.
● Answer:
○ Public Law: Governs relationships between individuals and the state. Examples
include constitutional law, criminal law, and administrative law.
○ Private Law: Governs relationships between individuals. Examples include
contract law, property law, and family law.
Question 4: Legal Personality
● Question: Explain the concept of legal personality and its importance in the legal
system.
● Answer: Legal personality refers to the ability of an entity (such as a person or
organization) to have rights and duties under the law. This concept is important because
it determines who can be a party to legal proceedings, own property, enter into
contracts, and be held accountable for legal obligations.
Question 5: Court Structure in South Africa
● Question: Outline the structure of the court system in South Africa.
QUESTIONS AND ANSWERS
SEMESTER 2 2024
Question 1: Understanding the Nature of Law
● Question: Define the concept of "law" and explain its primary functions in society.
● Answer: Law is a system of rules that are created and enforced through social or
governmental institutions to regulate behavior. Its primary functions include maintaining
order, resolving disputes, protecting liberties and rights, and establishing standards for
the conduct of individuals and organizations.
Question 2: Sources of South African Law
● Question: Identify and describe the primary sources of South African law.
● Answer: The primary sources of South African law are:
1. Legislation: Laws passed by Parliament and other legislative bodies.
2. Common Law: Law derived from judicial decisions and interpretations.
3. Customary Law: Traditional laws that are recognized by the Constitution.
4. The Constitution: The supreme law of the land, which overrides any conflicting
laws.
5. Judicial Precedent: Past decisions of higher courts that lower courts must
follow.
Question 3: Classification of Law
● Question: Distinguish between public law and private law, providing examples of each.
● Answer:
○ Public Law: Governs relationships between individuals and the state. Examples
include constitutional law, criminal law, and administrative law.
○ Private Law: Governs relationships between individuals. Examples include
contract law, property law, and family law.
Question 4: Legal Personality
● Question: Explain the concept of legal personality and its importance in the legal
system.
● Answer: Legal personality refers to the ability of an entity (such as a person or
organization) to have rights and duties under the law. This concept is important because
it determines who can be a party to legal proceedings, own property, enter into
contracts, and be held accountable for legal obligations.
Question 5: Court Structure in South Africa
● Question: Outline the structure of the court system in South Africa.
