SCL1501 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

SCL1501 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ..... QUESTION 1 1. “This point therefore tells us that law is part of the political system and can never be separated from politics and other issues that characterise our society in various ways.” (Study Guide p.7) Now look out for the document, “Freedom Charter” and go through all the clauses. Thereafter skim through the Preamble, Chapter 1 and Chapter 2 of the Constitution of South Africa and discuss the connection between the two documents. (4) 2. Refer to Learning Unit 3 of the Study Guide and find the Sea Transport Document Act 65 of 2000. Now do the following: a) explain what is entailed in the Long Title of this Act (do not discuss/redraft the contents of the Long Title). (2) b) what is the preamble of an Act? (2) c) Jane Doe, a first-year law student, is going through this Act. She comes across a term in the Act the meaning of which she does not know. What is the first thing that she should do in this instance? Give a reason for your answer. (3) QUESTION 2 (a) Discuss Freire’s notion of praxis. Explain why it is not compatible with “banking education” (6) (b) Why is the concept of "subjective being" said to be central to learning? (4) (c) "Come learn with me and we shall be exemplars of proficiency. But if you yearn to be alone, then you must learn it on your own." Discuss the above excerpt in light of the notion of "study groups". In your answer you should refer to a model or models of how groups may function. (3) QUESTION 3 (a) What are leading questions? At which stage in a trial should they be avoided? (2) (b) At which stage of the trial is cross examination conducted? In your answer you should also state the purpose of cross examination. (3) (c) Write a paragraph in which you explain the difference between the following: (i) state attorneys and state advocates (2) (ii)registrar of the high court and clerk of the court(2) QUESTION 4 Differentiate between a majority and a minority judgment. (4) QUESTION 5 (a) Peter purchased a Mercedes Benz ML350 last week for R750 900 (VAT incl). While driving from Bendor Park in Polokwane he collides with Ken of Regime Removals, who is the owner-driver of a Porsche Cayenne. Peter is 25% negligent, whereas Ken is 43% negligent. The damage to the Porsche is estimated at R120 000.00. It is uneconomical to repair the Mercedes Benz, but its salvage value is R205 000.00. The pre-accident value of the Mercedes Benz was R699 000.00.With reference to the damages to Peter and Ken's motor vehicles, calculate who must pay whom, and what would be the amount in damages. (3) (b) Martha approaches Maria Swanepoel of Swanepoel Inc., an attorney at law practicing in the Pretoria East area to assist her with her claim for damages resulting from her dispute with Joseph. The agreed remuneration is as follows:Every letter written R 85 Every letter received R 50 Drafting of summons R1200 Drafting of an affidavit R55 per page or any part thereof Telephonic consultations R150 per 10 minutes or any part thereof Consultation R1000 per 30 minutes or any part thereof Stamps R480 Vat excl During the past month the attorney rendered the following services: Received 8 letters Wrote and posted 15 letters Drafted four affidavits: 1 consisting of 3½ pages, 1 consisting of 4½ pages and 2 consisting of 4½ pages each Consulted thrice telephonically: first for 27 minutes, second for 12½ minutes and later for 35 minutes Consultation twice: first for 31 minutes and later for 1½ hours Instructed an advocate to draft a pleading. The Advocate charged R850 VAT excl You referred the client to Kloof Medi-Clinic to consult an orthopedic surgeon at a cost of R3250 VAT excl. Vat @15% Draft Maria Swanepoel's comprehensive statement of account to Martha.