Tutorial Questions: Chapter 1 TOTAL MARK: 30
QUESTION 1
1. What is the law? (1)
2. Why is the law important in society? (1)
3. Name the three tiers of Government. (3)
4. How are moral values different from legal principles? (2)
QUESTION 2
Tshepho drafts a business proposal that he intends to present to NBC Bank to secure
capital for his business. Three weeks later, he receives the good news that NBC Bank
will provide him with a business start-up loan of R50 000.
On that same day, Tshepo goes to incorporate his company with CIPC and names it
“Tshepho’s Posh Delights”
1. When did Tshepho’s company acquire legal personality?
Choose ONE of the following statements that are correct.
a. The day Tshepho told his mom about his business idea.
b. The day he presented his business proposal to NBC Bank.
c. The day he incorporated his company.
d. None of the above.
Motivate your answer.  (3)
(10)
QUESTION 3
Answer whether the following statements are either TRUE or FALSE.
1. Customary law is not considered a primary source of South African law. (1)
2. The judiciary in South Africa is responsible for making laws. (1)
3. A legally binding rule must be obeyed, and failure to do so may result in legal
consequences. (1)
QUESTION 4
Multiple Choice Questions
1. Which of the following is NOT considered a primary source of South
African law?
a) The Constitution
b) Legislation
c) Foreign law
d) Judicial precedent (1)
2. Which of the following statements about judicial precedent is correct?
a) Lower courts can overrule higher courts’ decisions if they find them unfair.
b) Judicial precedent ensures similar cases are decided similarly for
consistency.
c) Stare decisis means "to disregard previous decisions."
d) Obiter dictum is the binding part of a judgment. (1)
(5)
3. Which statement best describes the difference between personal
rights and real rights?
a) Personal rights apply only to businesses, while real rights apply to
individuals.
b) Personal rights can be enforced against anyone, while real rights apply
only to specific individuals.
c) Personal rights can be enforced only against specific individuals, while real
rights can be enforced against everyone.
d) Personal rights exist only in contractual relationships, while real rights do
not exist in commerce.
(1)
4. Which of the following statements about the Constitution is FALSE?
a) The Constitution is the supreme law of South Africa.
b) All laws inconsistent with the Constitution are invalid.
c) The Constitution only applies to government institutions and does not affect
private individuals.
d) The Bill of Rights is part of the Constitution and applies to all laws.
(1)
QUESTION 5
Longer Questions
1. Explain the principle of separation of powers and its significance in South
Africa. (4)
2. What are the requirements for a custom or trade practice to become a legally
binding rule? (2)
3. What is the difference between common law and legislation? Provide one
example of each. (2)
(10)
QUESTION 6
Kim is a matric learner and is conducting research in preparation for a toast masters
debate meet. Her topic of focus is the South African judiciary system. She uses AI for
research purposes and discovers that the hierarchy of South African Courts are
structured as follows:
1. Magistrate Court
2. Constitutional Court
3. High Court
4. Supreme Court of Appeal
1. Advise Kim, what is the CORRECT hierarchy of South African Courts. (4)
2. Where is the Constitutional Court situated in South Africa? (1)
(5)