FUR2601
EXAM PACK
, lOMoARcPSD|18222662
Fur2601
1. The "law" in the "law of general application" as set out in section 36 of the constitution
refers to:
A. UNISA's disciplinary code
B. Customary law
C. All of the provided answers
D. the code of conduct at the Pretoria Girls High
2. Parliament passes an Act that states that no public servant may be a member of a secret
society. Would a member of a secret organisation, who is not a public servant, on behalf
of all of the members of the organisation prejudiced by the Act, have standing to challenge
theconstitutionality of the Act in a court of law?
A. Yes, in terms of Section 38(c) of the Constitution
B. Yes, in terms of Section 38(c) or section 38(b) of the Constitution
C. Yes, ni terms of section 38(e) of the Constitution
D. Yes, in terms of Section 38(b) of the Constitution
3. The remedies stage is...
A. a. When the court determines the appropriate constitutional remedy after determining
that a right has been infringed
B. b. When the court will determine the appropriate remedy after it finds that a violation
of right is not a justifiable limitation
C. c. When the courts decide on the appropriate sentence for a respondent after
determining that there has been an infringement of a right in the Bill of Rights
D. d. When the court decides on an appropriate remedy regardless of whether a right has
been infringed or not
4. Can the Western Cape provincial government invoke the right to equality?
A. None of the answers provided
B. This is unlikely because the Western Cape provincial government is an organ of state
and its nature precludes the right to equality
C. Yes, because of the nature of the right
, lOMoARcPSD|18222662
D. Yes, organs of state are not excluded to the entitlements of any rights in the Bill of
Rights
5. Which of the following is NOT a factor relevant to awarding constitutional remedies?
A. the consequences of the constitutional violation for the victims should be taken into
account
B. the identity of the violator is irrelevant
C. the separation-of-powers doctrine suggests that courts owe the legislature a certain
degree of deference when devising a constitutional remedy
D. a court order must not only afford effective relief to a successful litigant, but also to
all similarly situated people
6. Jeff Nekhumbe is a transgender man that you are representing in a discrimination
matter before the Equality Court. He tells you that he did some research and there is a
matter that was heard in India that is similar to his. He asks that you present the matter
to the court. Should the court consider the Indian case when interpreting the Bill of
Rights?
A. The court may consider the case in terms of section 39(1)(c) of the Constitution
B. The court must consider the matter in terms of section 39(2) of the Constitution
C. The court must consider the case in terms of section 39(1)(c) of the Constitution
D. The court must consider the case in terms of section 39(1)(a) of the Constitution
7. Compliance with mandatory orders is usually enforced by.
A. default judgement
B. a contempt ofcourt order
C. all of the answers above
D. a declaration of invalidity
8. The Court's approach to severance consists of two parts. Which of the following
statements accurately describe the two parts?
A. all of the answers provided
B. it must be possible to sever the bad from the good and the remainder must still give
effect to the purpose of the law
, lOMoARcPSD|18222662
C. the courts must strike down chunks of the law and leave the rest intact
D. the courts must remove the bad parts and maintain the good parts without editing the
law
9. Which of the following does NOT apply to the contextual interpretation?
A. a broad understanding of contextual interpretation includes public opinion as necessary
for determining context
B. contextual interpretation must be used with caution because it may be used as a
shortcut to eliminate "irrelevant" fundamental rights
C. One of the dangers of context may be used to limit rights instead of interpreting them
D. A broad understanding of contextual interpretation includes systemic interpretation
10. Which of the following is part of stage 1 of the enquiry to determine the violation of
the equality clause?
A. Determining whether the law or conduct differentiates between people or categories
of people.
B. Determining whether thediscrimination amounts to unfair discrimination?
C. Determining whether the violation is justified in terms of the limitation clause section
36?
D. Determining whether the differentiation is based on a specific ground?
11. Section 39 of the Constitution, the interpretation clause, provides that any court,
tribunal or forum,when interpreting the Bill of Rights may consider international law
and must consider foreign law.
A. False, section 39 of the Constitution provides that any court, tribunal or forum when
interpreting the Bill of Rights, must consider international law and may consider
foreign law.
B. False, section 39 of the Constitution provides that any court, tribunal or forum should
only consider national law when interpreting the rights in the Bill of Rights.
C. True, section 39 of the Constitution provides that any court, tribunal or forum when
interpreting the Bill of Rights, may consider international law and must consider
foreign law.
D. True, section 39 of the Constitution provides that any court, tribunal or forum, when
interpreting the Bill of Rights may consic international law and must consider fore law,
however, only as far as it pertains matters of state security.
EXAM PACK
, lOMoARcPSD|18222662
Fur2601
1. The "law" in the "law of general application" as set out in section 36 of the constitution
refers to:
A. UNISA's disciplinary code
B. Customary law
C. All of the provided answers
D. the code of conduct at the Pretoria Girls High
2. Parliament passes an Act that states that no public servant may be a member of a secret
society. Would a member of a secret organisation, who is not a public servant, on behalf
of all of the members of the organisation prejudiced by the Act, have standing to challenge
theconstitutionality of the Act in a court of law?
A. Yes, in terms of Section 38(c) of the Constitution
B. Yes, in terms of Section 38(c) or section 38(b) of the Constitution
C. Yes, ni terms of section 38(e) of the Constitution
D. Yes, in terms of Section 38(b) of the Constitution
3. The remedies stage is...
A. a. When the court determines the appropriate constitutional remedy after determining
that a right has been infringed
B. b. When the court will determine the appropriate remedy after it finds that a violation
of right is not a justifiable limitation
C. c. When the courts decide on the appropriate sentence for a respondent after
determining that there has been an infringement of a right in the Bill of Rights
D. d. When the court decides on an appropriate remedy regardless of whether a right has
been infringed or not
4. Can the Western Cape provincial government invoke the right to equality?
A. None of the answers provided
B. This is unlikely because the Western Cape provincial government is an organ of state
and its nature precludes the right to equality
C. Yes, because of the nature of the right
, lOMoARcPSD|18222662
D. Yes, organs of state are not excluded to the entitlements of any rights in the Bill of
Rights
5. Which of the following is NOT a factor relevant to awarding constitutional remedies?
A. the consequences of the constitutional violation for the victims should be taken into
account
B. the identity of the violator is irrelevant
C. the separation-of-powers doctrine suggests that courts owe the legislature a certain
degree of deference when devising a constitutional remedy
D. a court order must not only afford effective relief to a successful litigant, but also to
all similarly situated people
6. Jeff Nekhumbe is a transgender man that you are representing in a discrimination
matter before the Equality Court. He tells you that he did some research and there is a
matter that was heard in India that is similar to his. He asks that you present the matter
to the court. Should the court consider the Indian case when interpreting the Bill of
Rights?
A. The court may consider the case in terms of section 39(1)(c) of the Constitution
B. The court must consider the matter in terms of section 39(2) of the Constitution
C. The court must consider the case in terms of section 39(1)(c) of the Constitution
D. The court must consider the case in terms of section 39(1)(a) of the Constitution
7. Compliance with mandatory orders is usually enforced by.
A. default judgement
B. a contempt ofcourt order
C. all of the answers above
D. a declaration of invalidity
8. The Court's approach to severance consists of two parts. Which of the following
statements accurately describe the two parts?
A. all of the answers provided
B. it must be possible to sever the bad from the good and the remainder must still give
effect to the purpose of the law
, lOMoARcPSD|18222662
C. the courts must strike down chunks of the law and leave the rest intact
D. the courts must remove the bad parts and maintain the good parts without editing the
law
9. Which of the following does NOT apply to the contextual interpretation?
A. a broad understanding of contextual interpretation includes public opinion as necessary
for determining context
B. contextual interpretation must be used with caution because it may be used as a
shortcut to eliminate "irrelevant" fundamental rights
C. One of the dangers of context may be used to limit rights instead of interpreting them
D. A broad understanding of contextual interpretation includes systemic interpretation
10. Which of the following is part of stage 1 of the enquiry to determine the violation of
the equality clause?
A. Determining whether the law or conduct differentiates between people or categories
of people.
B. Determining whether thediscrimination amounts to unfair discrimination?
C. Determining whether the violation is justified in terms of the limitation clause section
36?
D. Determining whether the differentiation is based on a specific ground?
11. Section 39 of the Constitution, the interpretation clause, provides that any court,
tribunal or forum,when interpreting the Bill of Rights may consider international law
and must consider foreign law.
A. False, section 39 of the Constitution provides that any court, tribunal or forum when
interpreting the Bill of Rights, must consider international law and may consider
foreign law.
B. False, section 39 of the Constitution provides that any court, tribunal or forum should
only consider national law when interpreting the rights in the Bill of Rights.
C. True, section 39 of the Constitution provides that any court, tribunal or forum when
interpreting the Bill of Rights, may consider international law and must consider
foreign law.
D. True, section 39 of the Constitution provides that any court, tribunal or forum, when
interpreting the Bill of Rights may consic international law and must consider fore law,
however, only as far as it pertains matters of state security.
