6/29/24, 5:27 AM Assessment 2: Attempt review
UNISA 2024 ILW1501-24-S1 Welcome to Introduction to Law (ILW1501)! Assessment 2
QUIZ
Started on Sunday, 28 April 2024, 11:45 AM
State Finished
Completed on Sunday, 28 April 2024, 11:54 AM
Time taken 9 mins 7 secs
Grade 7.00 out of 10.00 (70%)
Feedback Well done!
Remember that the examination is also a closed book, timed,
online and invigilated MCQ assessment of two hours in which
you must answer 50 MCQs. You must therefore study for the
exam!
Question 1
Complete
Mark 1.00 out of 1.00
Read the following scenario and answer the question that follows:
Two men have been murdered in a drive-by shooting in Mitchells Plain, Cape Town,
in what is believed to be a gang hit. The suspects fled the scene but were later
arrested and charged with murder. Police confirmed that the accused, Gerwin Morris
and Warren Davies, are members of the Junky Funky gang, one of the notorious
gangs on the Cape Flats. Since they fled the scene of the crime, they were denied
bail. You are their attorney and must answer several questions asked by their family
members.
Gerwin’s grandmother is heart-broken and wants to know whether her grandson will
be punished with the death penalty. You comfort her by telling her that the death
penalty no longer exists in South Africa.
Which divisions of South African public law will you use to prove to Gerwin’s
grandmother that the death penalty is an unconstitutional form of punishment in
terms of South African law?
civil law and criminal law
common law and criminal law
criminal law and case law
constitutional law and criminal law
For the divisions of South African public law that resulted in the death penalty
being regarded as an unconstitutional form of punishment, study Learning Unit 5 of
the Study Guide (pp 69-70) and Learning Unit 10 of the Study Guide (p 202) for the
answer to this question.
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6/29/24, 5:27 AM Assessment 2: Attempt review
Question 2
Complete
Mark 1.00 out of 1.00
Which one of the following institutions is NOT a state institution as determined by
Chapter 9 of the Constitution of the Republic of South Africa, 1996?
The Public Protector
The Auditor-General
The South African Revenue Service
The Human Rights Commission
This question determines whether you know which institutions have been set up in
Chapter 9 of the Constitution of the Republic of South Africa, 1996 to support
democracy. Study the focus areas in Lesson 7 and Learning Unit 7 of the Study
Guide (p 167) for the answer to the question.
Question 3
Complete
Mark 0.00 out of 1.00
Read the following scenario and answer the question that follows:
Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy
repeatedly with a bottle of wine over the head. Mr Reddy sustains several injuries
and opens a case of assault against Mr Pillay.
Which legal dispute/disputes may arise from this incident?
A criminal case can be instituted against Mr Pillay.
Neither a criminal nor a civil case can be instituted against Mr Pillay.
A civil case can be instituted against Mr Pillay.
Both a criminal and a civil case may be instituted against Mr Pillay.
In this question you are required to apply your knowledge of the three different
legal disputes and identify the legal dispute/disputes that may arise from the
incident.
If you have studied our guidelines on understanding and answering MCQs, you will
know that we inform you in one of the guidelines not to assume words and facts
that are not specifically stated in the scenario. In other words, do not read words or
facts into the scenario that are not there. Keep to the words and facts as stated in
the scenario.
If you followed this guideline, you should have realised that a criminal case can be
instituted against Mr Pillay because he assaulted Mr Reddy. Study Learning Unit
12 of the Study Guide (p 238) for the answer to this question.
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6/29/24, 5:27 AM Assessment 2: Attempt review
Question 4
Complete
Mark 1.00 out of 1.00
Read the following scenario and answer the question that follows:
The Eastern Cape Parliament has published legislation in which it states that fishers
must in future obtain a permit in order to sell fish to tourists on the beach. The
fishers are very upset and regard the legislation as contrary to the provisions of the
Bill of Rights.
Which level of government is applicable in this scenario?
local level
provincial level
executive level
national level
This question tests your understanding of the three levels of government and their
law-making authority. Study Learning Unit 6 of the Study Guide (pp 101-102), the
focus areas in Lesson 7, as well as Learning Unit 7 of the Study Guide (Activity and
Feedback 7.2 (3) (pp 169-170)) to find the correct answer to this question.
Question 5
Complete
Mark 0.00 out of 1.00
Complete the following sentence by choosing the correct option:
In a criminal case the trial on the merits of the case consists of the following:
committing and reporting of a crime; investigation by police; decision to
prosecute; first appearance in court
arrest; summons; written notice issued by peace officer; notice of trial;
indictment
state’s charges against accused; accused’s plea; state and accused state their
cases; judgment
sentence; reason for sentence; execution of sentence follows; possibility of
appeal and review
If you followed our advice and drafted a diagram to outline the process of a criminal
case as suggested when we discussed the focus areas of Learning Unit 12 in
Lesson 12 (Part 1), the question would have been easy to answer. If you did not
draft the diagram, you may have struggled to answer the question.
Study Learning Unit 12 of the Study Guide (pp 239-244) as well as Lesson 12 (Part
1) posted under “Lessons” on the ILW1501 module site for the answer to this
question.
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6/29/24, 5:27 AM Assessment 2: Attempt review
Question 6
Complete
Mark 0.00 out of 1.00
Complete the following sentence by choosing the correct option:
In the case of Richter v Minister of Home Affairs and Others, the Pretoria High Court
found certain sections of the Electoral Act 73 of 1998 to be unconstitutional on
grounds of the fundamental rights…
to vote and equal treatment.
to freedom of movement and residence.
to freedom of belief and opinion.
to citizenship and equality.
Study the focus ares of Lesson 10 as well as Question 8 and Answer 8 of Lesson
10 under "Lessons" on the ILW1501 module site for detailed feedback.
Question 7
Complete
Mark 1.00 out of 1.00
Which of the following statements regarding the nature of fundamental rights is
NOT correct?
Fundamental rights are natural rights because every person has it.
The state can never take fundamental rights away from a person.
Human dignity is the basis of every fundamental or human right.
Fundamental rights are afforded to those persons who qualify for it.
This question tests your understanding of the nature of fundamental rights. Study
the focus areas of Lesson 8 and Learning Unit 8 of the Study Guide (p 174; Activity
and Feedback 8.2 (1) (pp 176-177) for the answer to this question.
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6/29/24, 5:27 AM Assessment 2: Attempt review
Question 8
Complete
Mark 1.00 out of 1.00
Complete the following sentence by indicating the correct option:
Attorneys and advocates are referred to as private legal practitioners because
they...
act on behalf of the state.
train candidate attorneys and pupils.
perform similar functions in court.
practise for their own accounts.
Study Learning Unit 11 of the Study Guide (p 210) as well as Activity 11.1 (1) and
its Feedback (pp 219-220) for the answer to this question.
Question 9
Complete
Mark 1.00 out of 1.00
Read the following scenario and answer the question that follows:
Mbali has always dreamed of becoming a pilot. She applies to flight school and she
is accepted. She is so excited to begin the course. However, one of the requirements
is that she must pass an eye examination test. Unfortunately, Mbali fails the eye test
several times. The flight school indicates that they cannot accept her application on
this basis. Mbali feels that she has been unfairly discriminated against.
Which one of the following statements regarding the limitation of fundamental
rights best relates to the scenario above?
No provision is made for a limitation where one fundamental right is in direct
conflict with another.
Discrimination is always unfair according to the Bill of Rights and no
fundamental rights can be limited.
At certain times, discrimination may be regarded as fair and will therefore not
be unconstitutional.
The limitation of fundamental rights does not apply to discrimination as it
violates the right to equality.
This question tests your knowledge of the different ways in which fundamental
rights may be limited. Study Learning Unit 9 of the Study Guide (pp 196-198).
Study pages 196 to 197 for the answer to this question.
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6/29/24, 5:27 AM Assessment 2: Attempt review
Question 10
Complete
Mark 1.00 out of 1.00
Which section in the Bill of Rights determines that every citizen has the right to a
passport?
section 9 which deals with the right to equality
section 21 which deals with freedom of movement
section 19 which deals with political rights
section 22 which deals with freedom of residence
The learning outcomes of Learning Unit 8 require you to make a list of the 27
fundamental rights protected in the Bill of Rights and to briefly explain what each
right guarantees.
Hint: We suggest that you do so by writing down the fundamental right, the
relevant section in the Bill of Rights that protects the right and a brief
explanation of the right that is protected.
Consult Learning Unit 8 of the Study Guide (p 185) for the answer to this
question.
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