CLA1501 EXAM PACK 50+ QUESTIONS AND CORRECT ANSWERS 2023.

CLA1501 EXAM PACK 50+
QUESTIONS AND
CORRECT ANSWERS 2023.

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CLA1501: Commercial Law
Chapter 1: The South African Legal System
Source when lawyer consult on Roman Dutch Law
 Corpus Iuris Civilis

Constitution Supremacy
 Constitution is the Supreme Law of the Republic
 The Constitution is the highest law of the Country and any law which is contrary
to its provisions may be declared invalid

Courts
 The Constitutional Court
o Hears matters regarding the interpretation of the Constitution
o Superior Court
 Supreme Court of Appeal
o The Supreme Court of Appeal is only a court of appeal for High Courts
o Superior Court
 High Court
o Divorce
o Mental Capacity
o Sequestration of estate
o Liquidation of Company
o Will
o Superior Court
 Magistrates’ courts
o Have very limited jurisdiction
o Lower Court

Registrar: Responsible: Issue Process Enrolment of cases maintenance of records and
issuing of orders

Mr Senekal wants to sue Mrs Senekal for divorce. Which court should he approach?
 the High Court

Stare Decisis:
 The Decision Stands Judge make decision and parties must adhere
Ratio Decidendi:
 Reason for the decision
 Every decision is not imposing rule of law
Obiter Dictum:
 Incidental Remark – Additional Remarks
 Can be persuasive for other Courts




pg. 1

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Correct Answer: 1




Correct Answer: 4




pg. 2