Question 1
1.1 Define the parameters of the concept of “social contract.”
The social contract is a theoretical framework in political and moral philosophy
proposing that individuals consent—explicitly or implicitly—to surrender certain
freedoms and submit to an authority (such as a government) in exchange for protection
of their remaining rights and the maintenance of social order. Key parameters include:
Mutual consent of individuals forming society,
Transfer of individual power to a central authority,
Purpose: ensuring security, justice, and cooperation.
1.2 Distinguish between:
Prosecutors vs. State advocates: In many jurisdictions, a prosecutor is an
official who brings criminal charges on behalf of the state. A state advocate is
often similar, but the term may be used in jurisdictions where advocates
(lawyers) represent the state's interests in court—sometimes interchangeable
terminology depending on local legal system.
State attorneys vs. Attorneys: A state attorney works for/represents a
government entity (e.g., Attorney General’s office), handling public or
governmental legal matters. An attorney (or attorney-at-law) is a general term for
a legal practitioner—private or public—authorized to practice law and represent
clients.
1.3 Define “law” and explain how it differs from general “rules.”
Law: A system of binding rules created and enforced by a recognized authority
(e.g., legislature, judiciary), backed by official sanctions.
Difference from rules: “Rules” may be informal or specific to groups (like club
rules or household rules) and are not necessarily enforceable by the state. Laws
are formal, universal within their jurisdiction, and enforceable by courts.
, Question 2
(Based on Learning Unit 4 and the Legal Practice Act 28 of 2014)
2.1 (a) Short title of the Act?
Generally: the Legal Practice Act.
(b) Identify the short title of the Legal Practice Act.
It is officially the Legal Practice Act, 2014 (or “Legal Practice Act 28 of 2014”).
2.2 (a) What is the long title of the Act?
Generally: a longer descriptive title summarizing its scope.
(b) State, in full, what the legislature has set out as the long title of the Legal
Practice Act.
[You’ll need to look up the Act text] — for example, it may read something like:
“To provide for the regulation of the legal profession; to provide for the entities
governing the profession; to ensure transformation, access to justice, and
protection of the public; and to enable legal practitioners to render regulated legal
services.”
(Tip: quote it exactly as it appears in the Act.)
2.3 On which date did the President approve the Legal Practice Act?
[Lookup required, but typically Acts are approved shortly before they are
published—e.g., in mid-2014.]
2.4 On which date did it become effective, and why is the commencement date
important?
1.1 Define the parameters of the concept of “social contract.”
The social contract is a theoretical framework in political and moral philosophy
proposing that individuals consent—explicitly or implicitly—to surrender certain
freedoms and submit to an authority (such as a government) in exchange for protection
of their remaining rights and the maintenance of social order. Key parameters include:
Mutual consent of individuals forming society,
Transfer of individual power to a central authority,
Purpose: ensuring security, justice, and cooperation.
1.2 Distinguish between:
Prosecutors vs. State advocates: In many jurisdictions, a prosecutor is an
official who brings criminal charges on behalf of the state. A state advocate is
often similar, but the term may be used in jurisdictions where advocates
(lawyers) represent the state's interests in court—sometimes interchangeable
terminology depending on local legal system.
State attorneys vs. Attorneys: A state attorney works for/represents a
government entity (e.g., Attorney General’s office), handling public or
governmental legal matters. An attorney (or attorney-at-law) is a general term for
a legal practitioner—private or public—authorized to practice law and represent
clients.
1.3 Define “law” and explain how it differs from general “rules.”
Law: A system of binding rules created and enforced by a recognized authority
(e.g., legislature, judiciary), backed by official sanctions.
Difference from rules: “Rules” may be informal or specific to groups (like club
rules or household rules) and are not necessarily enforceable by the state. Laws
are formal, universal within their jurisdiction, and enforceable by courts.
, Question 2
(Based on Learning Unit 4 and the Legal Practice Act 28 of 2014)
2.1 (a) Short title of the Act?
Generally: the Legal Practice Act.
(b) Identify the short title of the Legal Practice Act.
It is officially the Legal Practice Act, 2014 (or “Legal Practice Act 28 of 2014”).
2.2 (a) What is the long title of the Act?
Generally: a longer descriptive title summarizing its scope.
(b) State, in full, what the legislature has set out as the long title of the Legal
Practice Act.
[You’ll need to look up the Act text] — for example, it may read something like:
“To provide for the regulation of the legal profession; to provide for the entities
governing the profession; to ensure transformation, access to justice, and
protection of the public; and to enable legal practitioners to render regulated legal
services.”
(Tip: quote it exactly as it appears in the Act.)
2.3 On which date did the President approve the Legal Practice Act?
[Lookup required, but typically Acts are approved shortly before they are
published—e.g., in mid-2014.]
2.4 On which date did it become effective, and why is the commencement date
important?
