LSK152 - Legal Skills: Sample Questions and Answers
1. What is the main purpose of legal writing?
Answer: The main purpose of legal writing is to communicate legal information clearly, precisely,
and persuasively. It must be logical, well-organized, and supported by appropriate legal authority.
2. Name and explain the four primary sources of South African law.
Answer: 1. The Constitution - Supreme law of the land.
2. Legislation - Laws passed by Parliament and provincial legislatures.
3. Case law (precedent) - Judicial decisions from previous cases.
4. Common/customary law - Traditional rules and societal customs recognized by courts.
3. What does the term 'ratio decidendi' mean?
Answer: 'Ratio decidendi' refers to the legal reasoning or principle upon which a court's decision is
based. It is binding in future cases with similar facts.
4. How is referencing done in legal writing (Harvard style)?
Answer: Referencing includes citing the author's surname, year of publication, and page number in
brackets, e.g., (Smith, 2021:45). A full reference list is included at the end of the document.
5. Define 'case citation' with an example.
Answer: A case citation identifies a legal case and allows others to locate it.
Example: S v Makwanyane 1995 (3) SA 391 (CC) - 'S' is the state, 'v' is versus, and the rest refers
to the law report and court.
6. What is the difference between primary and secondary legal sources?
Answer: Primary sources are the actual law (e.g., statutes, case law). Secondary sources explain or
analyze the law (e.g., textbooks, journal articles).
7. What are the characteristics of effective legal research?
1. What is the main purpose of legal writing?
Answer: The main purpose of legal writing is to communicate legal information clearly, precisely,
and persuasively. It must be logical, well-organized, and supported by appropriate legal authority.
2. Name and explain the four primary sources of South African law.
Answer: 1. The Constitution - Supreme law of the land.
2. Legislation - Laws passed by Parliament and provincial legislatures.
3. Case law (precedent) - Judicial decisions from previous cases.
4. Common/customary law - Traditional rules and societal customs recognized by courts.
3. What does the term 'ratio decidendi' mean?
Answer: 'Ratio decidendi' refers to the legal reasoning or principle upon which a court's decision is
based. It is binding in future cases with similar facts.
4. How is referencing done in legal writing (Harvard style)?
Answer: Referencing includes citing the author's surname, year of publication, and page number in
brackets, e.g., (Smith, 2021:45). A full reference list is included at the end of the document.
5. Define 'case citation' with an example.
Answer: A case citation identifies a legal case and allows others to locate it.
Example: S v Makwanyane 1995 (3) SA 391 (CC) - 'S' is the state, 'v' is versus, and the rest refers
to the law report and court.
6. What is the difference between primary and secondary legal sources?
Answer: Primary sources are the actual law (e.g., statutes, case law). Secondary sources explain or
analyze the law (e.g., textbooks, journal articles).
7. What are the characteristics of effective legal research?
