SCL1501 Assignment 1 (QUALITY ANSWERS) Semester 1 2024

This document contains workings, explanations and solutions to the SCL1501 Assignment 1 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4.......... QUESTION 1 Explain the concept ‘law” and thereby show how it is different from other social rules or norms. (4) QUESTION 2 2.1 “State” is a non-physical entity, an abstract notion or phenomenon created by citizens through their deemed agreement (i.e. social contract). (a) In the light of the above statement, explain the concept “state” fully, and say why the agreement by citizens in this regard is said to be “deemed.” (4) 2.2 “However, we need to examine our environment, and ask problematic questions such as, “whose law?” Obviously, it’s the law of the dominant class in that society (Study Guide, ) Which class does the South African law, including the Constitution, serve? Explain fully. (3) QUESTION 3 3.1 Read the “Lephepane Village” story on page 10 of your Study Guide and use it as an anchor for your explanation of the notion of “praxis.” (5) 3.2 Refer to Kgalema Motlanthe’s remarks (see Learning Unit 2) in your Study Guide and do activity 2.2. (8) QUESTION 4 4.1 Read Text A and Text B (see Activity 4.5) on page 79 of your Study Guide and critique the notion of argumentum ad hominem. (3) 4.2 With reference to the Attorneys Act 53 of 1979 and the Legal Practice Act 28 of 2014 determine whether a legal practitioner can be both an attorney and an advocate. (3) QUESTION 5 Anton Lee approaches Son Attorneys, an attorney at law practising in the City of Madikizela-Mandela, to assist him with his claim for damages resulting from his dispute with Mr Chen. The agreed remuneration is as follows: Every letter written R115,50 Every letter received R77, 25 Drafting of summons R1115, 65 Drafting of an affidavit R88,50 per page or any part thereof Telephonic consultations R129,50 per 10 minutes or any part thereof Consultation R967,00 per 30 minutes or any part thereof Stamps R7,25 VAT excl VAT @ 15% During the past month the attorney rendered the following services: Received 12 letters Wrote and posted 10 letters Drafted four affidavits: 1 consisting of 1½ pages, 1 consisting of 2½ pages and 2 consisting of 5½ pages each Consulted thrice telephonically: first for 23 minutes, second for 12½ and later for 36 minutes Consultation twice: first for 33 minutes and later for 2½ hours Instructed an advocate to draft a pleading. The Advocate charged R2220, 00 VAT excl He referred the client to Nomzamo Clinic in the City, to consult a specialist at a cost of R3347, 50 VAT excl. Draft Son Attorneys’ comprehensive statement of account to Anton Lee.