SCL1501 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

SCL1501 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references , Question 1 1.1 Define the parameters of the concept of “social contract” (2) 1.2 Distinguish between the following terms: prosecutors and state advocates, state attorneys and attorneys. (4) 1.3 Define the term “law” and explain how it differs from rules in general. (4) Question 2 Refer to Learning Unit 4 and the Legal Practice Act 28 of 2014; then answer the following questions: 1. (a) In general, what is the short title of the Act? (1) (b) Identify the short title of the Legal Practice Act (1) 2. (a) In general, what is the long title of the Act? (1) (b) State, in full, what the legislature has set out as the long title of the Legal Practice Act. (5) 3. On which date did the President approve the Legal Practice Act? (1) 4. On which date did the Legal Practice Act become effective and why is it important for a legal practitioner or researcher to establish the commencement date of the piece of legislation? (5) Question 3 Read the following scenario and then answer the questions set out below. Mr X (the applicant) lodges an appeal against the decision of the court in which the majority judgment ruled in favour of Y (the respondent). His appeal relies predominantly on the reasoning and conclusion of the minority judgment, which highlighted flaws in the majority’s reasoning. Refer to Learning Unit 4 and then answer the following questions: 1. What is the difference between minority and majority judgments? (6) 2. Can someone rely on the minority judgment as the binding authority? Briefly explain. (5) Question 4 Mr Kettle and Mr Pot, both employees at the Tshwane Metro Municipality, are involved in a dispute regarding the nature of court judgments. Mr. Kettle asserts that a court judgment is simply a judgment, and there are no different types. In contrast, Mr. Pot contends that there are various types of court judgments, each serving a distinct legal purpose. They now seek legal advice to resolve their disagreement. As a legal practitioner, provide a well-reasoned explanation to clarify the issue and advise both Mr. Kettle and Mr. Pot accordingly. (5) Question 5 Mr. Theron Leburu approaches Ms. Esther Molefe, an attorney at Molefe Attorneys—a law firm located in the small town of Botshabelo in the Free State—to assist him with his legal claim for damages arising from a dispute with Mr. Mosha Matshaba. The agreed remuneration is as follows: Every letter written R120 Every letter received R 80 Drafting of summons R 1250,00 Drafting of an affidavit R 90,50 per page or any part thereof Telephonic consultations R150,50 per 10 minutes or any part thereof Consultation R1500,00 per 30 minutes or any part thereof Stamps R3,50 VAT excl VAT @ 15% During the past month the attorney rendered the following services: Received 10 letters Wrote and posted 8 letters Drafted four affidavits: 1 consisting of 2½ pages, 1 consisting of 4½ pages and 2 consisting of 5½ pages each Consulted thrice telephonically: first for 23 minutes, second for 22½ and later for 35 minutes Consultation twice: first for 30 minutes and later for 3½ hours Instructed an advocate to draft a pleading. The Advocate charged R3220, 00 VAT excl. He referred the client to Postmansburg Private Hospital; to consult a specialist at a cost of R3347,50 VAT excl. Considering the above facts, draft Molefe Attorneys’ comprehensive statement of account to Mr Theron Leburu.