.PVL3704 ASSIGNMENT 1
[COMPLETE ANSWERS]2024
SEMESTER 2
General Tips for Preparing for Law Exams:
1. Understand Key Concepts: Make sure you have a solid grasp of fundamental legal
concepts, principles, and case law relevant to your course.
2. Study Case Law: Be familiar with landmark cases and how they apply to different legal
scenarios. Understanding the facts, issues, judgments, and reasoning behind cases is
crucial.
3. Review Lecture Notes and Textbooks: Your lecture notes and recommended
textbooks are vital resources. Focus on the key topics covered in your course.
4. Practice Application: Law exams often test your ability to apply legal principles to
hypothetical scenarios. Practice by writing out answers to past exam questions or
hypothetical problems.
5. Use Study Guides: Look for any available study guides or summaries that align with
your course content. These can be helpful in reviewing essential topics.
6. Form Study Groups: Discussing material with peers can help reinforce your
understanding and expose you to different perspecti
Question 1: Discuss the principle of “stare decisis” and its application in South African
law.
Answer: "Stare decisis" is a Latin term meaning "to stand by things decided." It is a
fundamental principle in common law systems where courts adhere to precedents established in
previous rulings. In South African law, which is a hybrid system incorporating both common law
and statutory law, the principle of stare decisis ensures consistency and predictability in the
legal system. Lower courts are bound by the decisions of higher courts. However, the Supreme
Court of Appeal and the Constitutional Court can overturn or modify precedents to reflect
changes in law or societal values. This principle promotes stability while allowing for legal
evolution.
Question 2: Explain the concept of "dolus eventualis" and how it differs from "dolus
directus" in South African criminal law.
Answer: In South African criminal law, "dolus eventualis" refers to a form of intent where the
perpetrator foresees the possibility of their actions causing a result but proceeds with the action
[COMPLETE ANSWERS]2024
SEMESTER 2
General Tips for Preparing for Law Exams:
1. Understand Key Concepts: Make sure you have a solid grasp of fundamental legal
concepts, principles, and case law relevant to your course.
2. Study Case Law: Be familiar with landmark cases and how they apply to different legal
scenarios. Understanding the facts, issues, judgments, and reasoning behind cases is
crucial.
3. Review Lecture Notes and Textbooks: Your lecture notes and recommended
textbooks are vital resources. Focus on the key topics covered in your course.
4. Practice Application: Law exams often test your ability to apply legal principles to
hypothetical scenarios. Practice by writing out answers to past exam questions or
hypothetical problems.
5. Use Study Guides: Look for any available study guides or summaries that align with
your course content. These can be helpful in reviewing essential topics.
6. Form Study Groups: Discussing material with peers can help reinforce your
understanding and expose you to different perspecti
Question 1: Discuss the principle of “stare decisis” and its application in South African
law.
Answer: "Stare decisis" is a Latin term meaning "to stand by things decided." It is a
fundamental principle in common law systems where courts adhere to precedents established in
previous rulings. In South African law, which is a hybrid system incorporating both common law
and statutory law, the principle of stare decisis ensures consistency and predictability in the
legal system. Lower courts are bound by the decisions of higher courts. However, the Supreme
Court of Appeal and the Constitutional Court can overturn or modify precedents to reflect
changes in law or societal values. This principle promotes stability while allowing for legal
evolution.
Question 2: Explain the concept of "dolus eventualis" and how it differs from "dolus
directus" in South African criminal law.
Answer: In South African criminal law, "dolus eventualis" refers to a form of intent where the
perpetrator foresees the possibility of their actions causing a result but proceeds with the action
