CLA 1503 - HOMEWORK 1

1. The case was reported in the fifth part of

CHAPTER 1 – A LEGAL SYSTEM - memo the SA Law reports of 2004
2. MAN TRUCK & BUS was the applicant
Question 1 and DORBYL the the respondent
Soon after the death of Multimillionaire Joe Doe a (HEARD ON APPEAL and Parties are
dispute arises regarding the validity and then Swapped)
interpretation of his will. 3. The case was heard by a full bench of five
appellate judges
Which one of the following courts should be 4. The seat of the supreme Court of Appeal is
approached to resolve the dispute? Bloemfontein
1. A magistrates court
2. A small claims court Question 5
3. the Constitutional court Which one of the following is not an authorative
4. The High Court X source of SA Law?

Question 2 1. SA Case Law

2. Corpus Iuris Civilis
Which one of the following sources will a SA 3. English case law
Lawyer consult on Roman Dutch Law? 4. The Constitution of SA, 1996
5. Judgements of the Dutch courts before
1. the law of the twelve Tables 1652
2. the Institutiones
3. the Corpus Iuris Civilis
4. Commentarius ad Pandectas QUESTION 6
Which one of the following officers is responsible for
Question 3 the issue of process, the enrolment of cases, the
Which one of the following statements regarding maintenance of records and the issuing of orders of
the stare decisis rule/doctrine is INCORRECT the High Court?
1. The clerk
1. A high court, whether it is a full bench 2. The Register
consisting of three judges, a bench of 2 3. The litigating parties themselves
judges, or only one, is bound by the 4. The Sheriff
decisions of the high court of appeal
2. One high court is not bound to follow the
decisions of a high court from another area QUESTION 7
of jurisdiction. Which one of the following statements is incorrect?

3. Within the area of jurisdiction of one High
Court, a bench of two judges is bound by
a decision of the full bench of the same
court.
4. If the judgments of the High court are
conflicting, a magistrate’s court can
follow any decision it deems to be
right irrespective of the jurisdiction in
which it falls. X
Question 4
MAN TRUCK & BUS(SA)(PTY) LTD V DORBYL
LTD t/a DORBYL TRANSPORT PRODUCTS
AND BUSAF 2004(5) SA 226 SCA. Supreme
Court of appeal.
Mpati DP, Zulman JA, Farlam JA, Cloete JA and
Lewis JA
2004 February 17; March 25
Which one of the following statements is
Incorrect?
1. Every Court is bound by the decisions of
the superior court within its jurisdiction.
2. A court is not bound by the decision
of a court of concurrent status within its
own area of jurisdiction.
3. A high Court is not bound to follow the
decision of another High Court since they
belong to different areas of jurisdiction.
4. Magistrates Courts are bound to follow
the decisions of the Supreme Court of Appeal
and the High Courts.
QUESTION 8
Which one of the following is not a requirement for a
customary rule to be recognized as a legal rule?
1. It must have existed for a long time and must
be reasonable.
2. It must be generally recognized and observed
by the community.
3. The contents thereof myst be clear and
certain.

CLA 1503 – Chapter 1- SA Legal system page 1 of 2

4. A court must have recognized it as a QUESTION 13
customary rule.
Which ONE of the following is the supreme law of
QUESTION 9 South Africa'
The ………… is the subject of the doctrine of 1. English law
Stare Decisis and is the part of the judgment 2. Roman Dutch Law
which is binding: 3. Statute Law
1. Ratio Dicidendi 4. The Constitution
2. Obitur Dictum
3. Headnote QUESTION 14
4. Case Summary
Which ONE of the following statements is
CORRECT?
QUESTION 10
1. The ratio decidendi consists of all the remarks
In the reported case, National Sorghum Breweries
and opinions by the judge giving the decision
LTD v CORPCAPITAL Bank LTD 2006 (6) SA 208
2. An obtter dictum can be persuasive for other
(SCA)
courts
1. The case was heard in the Constitutional
Court. 3. Obiter dictum" means the reason for the
2. National Sorghum Breweries Ltd is the judgment.
respondent. 4. The ratio decidendi of a minority judgement is
3. Corpcapital Bank Ltd is the respondent. binding on other courts
4. “208”represents the volume of the Law
Reports. QUESTION 15

Constitutional supremacy means that ...

QUESTION 11 1. there may be no interference with judicial
A case is heard in the Pinetown magistrates court. independence when a court applies the
An Appeal is lodged in the Durban and Coast Constitution.
Local Division of the High Court. There are 2. The Constitution is the highest law of the
conflicting Judgments made by the following country and any law which is contrary to
courts: its provisions may be declared invalid.
a) A Single judge of the High Court in 3. Parliament is the highest legislative body and
Pretoria. is entitled to make legislation without any
b) A Single judge of the High Court in interference.
Pietermaritzburg. 4. No right given by the constitution may be
C) A Full Bench of the High Court in Cape limited.
Town.
QUESTION 16
To which decision will the High Court in Durban
be bound? Which ONE of the following South African courts is a
lower court?
1. A
2. B 1. the Labour Court
3. C 2. the Constitutional Court
4. All of the above 3. the Magistrate's Court
5. None of the above
4. the Land claims court
QUESTION 12

Mr. Senekal wants to sue Mrs. Senekal for

divorce.
Which one of the following courts should be
approached;

1. Magistrates court
2. Supreme court of appeal
3. the Constitutional court
4. The High Court

CLA 1503 – Chapter 1- SA Legal system page 2 of 2