SCL1501 COMPREHENSIVE EXAM PREP
QUESTIONS AND SOLUTIONS VERIFIED
STUDY RESOURCE
●● What does 'Postea' indicate in a legal judgment?
Answer: It indicates the date on which the judgment was given after the
case was heard.
●● In which case was judgment given on the same day it was heard?
Answer: S v Makua 1993 (1) SACR 160 (T)
●● What is the typical structure of a judgment?
Answer: 1. Facts are given. 2. Relevant legal principles are discussed. 3.
Existing law is applied to the facts. 4. A decision is given. 5. An order is
made. 6. An order regarding costs is made.
●● What is a majority judgment?
Answer: A judgment where the majority of judges agree on the same
decision and reasons.
●● What is a minority judgment?
Answer: A judgment where one judge disagrees with the majority and
provides a different conclusion.
,●● What is a separate judgment?
Answer: A judgment where a judge agrees with the outcome but has
different reasons for the decision.
●● What is the binding effect of a majority judgment?
Answer: The ratio decidendi of the majority judgment is binding and
creates precedent for future cases.
●● Can a minority judgment establish precedent?
Answer: No, a minority judgment does not establish precedent but can
have persuasive force.
●● What does it mean when a judge concurs with another's judgment?
Answer: It means that the judge agrees with the conclusions or reasons
of another judge's judgment.
●● In the case of S v Laurence, what was the majority judgment about?
Answer: It was about the legality of selling alcohol on Sundays, where
the majority found no infringement of religious freedom.
●● Who wrote the judgment in S v Laurence?
Answer: Chaskalson P wrote the majority judgment.
,●● What was the outcome of the appeal in Molefe v Mahaeng?
Answer: The appeal failed and was dismissed.
●● What was the order made in S v Makua?
Answer: The conviction was confirmed, and the sentence was
substituted with a fine and suspended imprisonment.
●● What does 'party and party' mean in legal costs?
Answer: It refers to the scale on which costs are assessed between the
parties involved in a case.
●● What happens if a judge does not agree with the majority but concurs
with the decision?
Answer: They may write a separate judgment while agreeing with the
outcome.
●● What is the significance of the judge's name appearing below the
word 'postea'?
Answer: It indicates the judge who gave the judgment after the case was
heard.
●● What is the role of the judge in a majority judgment?
Answer: One judge gives the judgment, and others concur with it.
, ●● What is the legal implication of a judgment being given 'as agreed or
assessed'?
Answer: It means the costs will be determined based on an agreement or
assessed by the court.
●● What does the term 'ratio decidendi' refer to?
Answer: It refers to the legal reasoning or principle that underlies a
court's decision.
●● In the case of Ex Parte Addleson, what was the outcome?
Answer: The application was refused.
●● What is the difference between a majority judgment and a separate
judgment?
Answer: A majority judgment is agreed upon by most judges, while a
separate judgment has different reasoning from the majority.
●● What is the importance of the judge's name in a judgment?
Answer: It identifies who delivered the judgment, especially in cases
with multiple judges.
●● What does it mean if a judgment is described as 'binding'?
QUESTIONS AND SOLUTIONS VERIFIED
STUDY RESOURCE
●● What does 'Postea' indicate in a legal judgment?
Answer: It indicates the date on which the judgment was given after the
case was heard.
●● In which case was judgment given on the same day it was heard?
Answer: S v Makua 1993 (1) SACR 160 (T)
●● What is the typical structure of a judgment?
Answer: 1. Facts are given. 2. Relevant legal principles are discussed. 3.
Existing law is applied to the facts. 4. A decision is given. 5. An order is
made. 6. An order regarding costs is made.
●● What is a majority judgment?
Answer: A judgment where the majority of judges agree on the same
decision and reasons.
●● What is a minority judgment?
Answer: A judgment where one judge disagrees with the majority and
provides a different conclusion.
,●● What is a separate judgment?
Answer: A judgment where a judge agrees with the outcome but has
different reasons for the decision.
●● What is the binding effect of a majority judgment?
Answer: The ratio decidendi of the majority judgment is binding and
creates precedent for future cases.
●● Can a minority judgment establish precedent?
Answer: No, a minority judgment does not establish precedent but can
have persuasive force.
●● What does it mean when a judge concurs with another's judgment?
Answer: It means that the judge agrees with the conclusions or reasons
of another judge's judgment.
●● In the case of S v Laurence, what was the majority judgment about?
Answer: It was about the legality of selling alcohol on Sundays, where
the majority found no infringement of religious freedom.
●● Who wrote the judgment in S v Laurence?
Answer: Chaskalson P wrote the majority judgment.
,●● What was the outcome of the appeal in Molefe v Mahaeng?
Answer: The appeal failed and was dismissed.
●● What was the order made in S v Makua?
Answer: The conviction was confirmed, and the sentence was
substituted with a fine and suspended imprisonment.
●● What does 'party and party' mean in legal costs?
Answer: It refers to the scale on which costs are assessed between the
parties involved in a case.
●● What happens if a judge does not agree with the majority but concurs
with the decision?
Answer: They may write a separate judgment while agreeing with the
outcome.
●● What is the significance of the judge's name appearing below the
word 'postea'?
Answer: It indicates the judge who gave the judgment after the case was
heard.
●● What is the role of the judge in a majority judgment?
Answer: One judge gives the judgment, and others concur with it.
, ●● What is the legal implication of a judgment being given 'as agreed or
assessed'?
Answer: It means the costs will be determined based on an agreement or
assessed by the court.
●● What does the term 'ratio decidendi' refer to?
Answer: It refers to the legal reasoning or principle that underlies a
court's decision.
●● In the case of Ex Parte Addleson, what was the outcome?
Answer: The application was refused.
●● What is the difference between a majority judgment and a separate
judgment?
Answer: A majority judgment is agreed upon by most judges, while a
separate judgment has different reasoning from the majority.
●● What is the importance of the judge's name in a judgment?
Answer: It identifies who delivered the judgment, especially in cases
with multiple judges.
●● What does it mean if a judgment is described as 'binding'?
