Skills Course for Law Students SCL1501
Exam Questions and Answers
Definition of Law
(define the concepts of Law?) - Answer-the only body of rules governing human conduct
that is recognized by the state if necessary, enforced
points or characteristics of Law - Answer-*Law is a system of rules (not all systems of
rules are law);
-The rules: are recognized by the state ( not religion, science or sporting codes);
- meant to control human actions (in relation to society, things, the environment
- are enforceable
Laws create - Answer-sense of duties/obligations like:
*paying taxes
*observing rules of the road
* respect the rights of others
=the is known as legal order
"law"not easy to define - Answer-entails different views of rules, sense of community
and ubuntu quite highly
Humby et al - Answer-law provides the rules that guide human behaviour in society. the
law prescribes what is acceptable and not acceptable, what type of behavior must be
rewarded and what type of behaviour must be punished to avoid future repetition. It also
holds people accountable for harm they have done.
Explain the importance or function of law and how the law differs from other laws -
Answer-purpose of law is to create order and stability in the various relationships that
exist (i) among humans, and (ii) between humans and things/the environment in a
society. Without law, what results is informally referred to as "the law of the jungle",
characterised by uncertainty, unfairness, chaos, self-help, inequality and arbitrariness.
It differs from other laws in the way that it affects people as a whole because it exists
among humans, since it brings order to society where other laws like laws of chess only
affects the ones playing
Describe the importance of skills in the study of law - Answer-is to have the ability to
apply the relevant legal rules and principles.
*Solve problems through law
*evaluate facts
*categorise legal problems
*find and analyse critically legal fields and sources that apply to the problem
, *ability to apply the relevant legal rules and principles together with innovation and
critical thinking to arrive at a legally sound and appropriate solution
Difference between law and rules? - Answer-The main difference between rules and
laws is the consequences associated with breaking them. While each is developed to
invoke a sense of order, fair play, and safety, the weight of a law is much heavier than
the weight of a rule. Laws are like the legal version of rules.
Learning unit 3 - Answer-Reading legal text
Act of parliament: - Answer-AKA. statute or legislation
Legislation is essentially a general term for Acts::
Acts of Parliament (National legislation)
Provincial Acts (Provincial legislation)
Municipal Acts (Local legislation/by-laws)
Published in a government gazette
Reading an act of parliament - Answer-a) look at the text or act itself
b) the context of the act
c) certain persumptions
a) Text - Answer-signed text: before it can be published it has to be signed by the
president after approval from parliament
english version will be official
Short title: Electronic Communications Act, 2005
Long title: piece printed in bold under the word ACT
Preamble: after long title there may be an introductory statement that explains the
purpose and underlying philosophy of the document
Chapter 1: the definitions= extremely important, technical and difficult terms or
comprehensive phrases are explained
divided: into sections, subsections, paragraphs and subparagraphs
when referred to an act use short title plus number and the year of publication then say
hereinafter referred as the Act
b) Context - Answer-consider the context that gave rise to the Act.
Courts sometimes recognize external circumstances in explaining the reason the Act
came into being. They investigate the reason why its necessary. Might be considered
the socio-economic, political or historical milieu in which the Act was Formulated.
Exam Questions and Answers
Definition of Law
(define the concepts of Law?) - Answer-the only body of rules governing human conduct
that is recognized by the state if necessary, enforced
points or characteristics of Law - Answer-*Law is a system of rules (not all systems of
rules are law);
-The rules: are recognized by the state ( not religion, science or sporting codes);
- meant to control human actions (in relation to society, things, the environment
- are enforceable
Laws create - Answer-sense of duties/obligations like:
*paying taxes
*observing rules of the road
* respect the rights of others
=the is known as legal order
"law"not easy to define - Answer-entails different views of rules, sense of community
and ubuntu quite highly
Humby et al - Answer-law provides the rules that guide human behaviour in society. the
law prescribes what is acceptable and not acceptable, what type of behavior must be
rewarded and what type of behaviour must be punished to avoid future repetition. It also
holds people accountable for harm they have done.
Explain the importance or function of law and how the law differs from other laws -
Answer-purpose of law is to create order and stability in the various relationships that
exist (i) among humans, and (ii) between humans and things/the environment in a
society. Without law, what results is informally referred to as "the law of the jungle",
characterised by uncertainty, unfairness, chaos, self-help, inequality and arbitrariness.
It differs from other laws in the way that it affects people as a whole because it exists
among humans, since it brings order to society where other laws like laws of chess only
affects the ones playing
Describe the importance of skills in the study of law - Answer-is to have the ability to
apply the relevant legal rules and principles.
*Solve problems through law
*evaluate facts
*categorise legal problems
*find and analyse critically legal fields and sources that apply to the problem
, *ability to apply the relevant legal rules and principles together with innovation and
critical thinking to arrive at a legally sound and appropriate solution
Difference between law and rules? - Answer-The main difference between rules and
laws is the consequences associated with breaking them. While each is developed to
invoke a sense of order, fair play, and safety, the weight of a law is much heavier than
the weight of a rule. Laws are like the legal version of rules.
Learning unit 3 - Answer-Reading legal text
Act of parliament: - Answer-AKA. statute or legislation
Legislation is essentially a general term for Acts::
Acts of Parliament (National legislation)
Provincial Acts (Provincial legislation)
Municipal Acts (Local legislation/by-laws)
Published in a government gazette
Reading an act of parliament - Answer-a) look at the text or act itself
b) the context of the act
c) certain persumptions
a) Text - Answer-signed text: before it can be published it has to be signed by the
president after approval from parliament
english version will be official
Short title: Electronic Communications Act, 2005
Long title: piece printed in bold under the word ACT
Preamble: after long title there may be an introductory statement that explains the
purpose and underlying philosophy of the document
Chapter 1: the definitions= extremely important, technical and difficult terms or
comprehensive phrases are explained
divided: into sections, subsections, paragraphs and subparagraphs
when referred to an act use short title plus number and the year of publication then say
hereinafter referred as the Act
b) Context - Answer-consider the context that gave rise to the Act.
Courts sometimes recognize external circumstances in explaining the reason the Act
came into being. They investigate the reason why its necessary. Might be considered
the socio-economic, political or historical milieu in which the Act was Formulated.