Table of Contant
introduction
conclusion
TUTORIAL 1: IURI 171 & IURX 171 (INTRODUCTION TO LAW AND LEGAL SKILLS)
DUE DATE: 13 MARCH 2024 (/100)
Question 1 [14 marks]
1.1 What are the consequences of plagiarism? (3 marks)
1.2 Is there such thing as ‘self-plagiarism’? (2 marks)
1.3 Briefly describe the NWU policy on plagiarism. (6 marks)
1.4 Discuss why it is wrong to plagiarise. (3 marks)
Question 2 [20 marks]
2.1 Discuss why the skill to conduct research is important in studying law as well as in
the legal profession. (6 marks)
2.2 Name and define the different research methods used in the legal profession. (4
marks)
2.3 Name 2 web sites that are considered good legal authority. (4 marks)
2. 4 List three methods that can be used to find a case. (3 marks)
2.5 List three methods that can be used to find a statute. (3 marks).
Question 3 [10 marks]
Internet users should be aware that not every information found on the internet is
accurate. Discuss the criteria to evaluate information found on the internet.
Question 4 [17 marks]
Explain the following Latin term and phrases commonly used in the legal profession:
2
a) Stare decisis (2 marks)
b) Postea (2 marks)
c) Ratio decidendi (2 marks)
d) Audi alteram partem rule (2 marks)
e) Ultra vires (2 marks)
f) Viva voce evidence (2 marks)
g) Iusta causa (2 marks)
h) De minimis non curat lex (1 marks)
i) Res judicata (2 marks)
Question 5 [18 marks]
Explain the following terms and phrases commonly used in the legal profession:
a) Adversarial or accusatorial system (2 marks)
b) Alternative dispute resolution (2 marks)
c) Balance of probabilities (2 marks)
d) Constitutional sovereignty (2 marks)
e) Absolution from the instance (2 marks)
f) Dissenting judgment (2 marks)
g) Judicial precedents (2 marks)
h) Parliamentary sovereignty (2 marks)
i) White paper (2 marks)
Question 6 [6 marks]
Match column A with column B
Column A Column B
1.1 Culpa A. Intention / negligence
1.2 Res judicata B. Contrary to good morals and public
opinion or interest
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1.3 Postea C. Beyond the power
1.4 Contra bonis mores D. The matter has already been
adjudicated
1.5 Curia advisari vult E. Date of judgment
1.6 Ultra vires F. Court adjourns to consider its
decision / judgment reserved
G. Ind good faith
H. Agreement, meeting of the minds.
Question 7 (15 marks)
6.1 State and explain the requirements that an individual must fulfil to be admitted as an
attorney? (5 marks)
6.2 State and explain the requirements that an individual must fulfil to be admitted as an
advocate? (5 marks)
6.3 State the different occupations that exist in the legal profession. (5 marks)
Introduction
In this tutorial, we will be exploring various aspects of law and legal skills, including the consequences of plagiarism, research methods in the legal profession, evaluating information found on the internet, Latin terms commonly used in the legal profession, and key terms related to the legal system.
Conclusion
By the end of this tutorial, you should have a better understanding of the fundamentals of law and legal skills, which will be valuable in your academic and professional journey in the legal field.
TUTORIAL 1: IURI 171 & IURX 171 (INTRODUCTION TO LAW AND LEGAL SKILLS)
Question 1
1.1 The consequences of plagiarism include academic consequences such as failing grades, disciplinary action, and damage to one's reputation.
1.2 Yes, self-plagiarism refers to reusing one's own work without proper citation, which can be considered academically dishonest.
1.3 The NWU policy on plagiarism emphasizes the importance of original work and proper citation to avoid plagiarism.
1.4 It is wrong to plagiarise because it undermines the academic integrity of the educational institution, prevents the original author from receiving proper credit, and is a form of dishonesty.
Question 2
2.1 The skill to conduct research is important in studying law and the legal profession to ensure accuracy, credibility, and thoroughness in legal analysis and decision-making.
2.2 Different research methods used in the legal profession include case law research, statutory research, and interdisciplinary research.
2.3 Two websites considered good legal authority are Westlaw and LexisNexis.
2.4 Methods to find a case include using databases, legal research platforms, and court websites.
2.5 Methods to find a statute include using legislative databases, government websites, and legal research tools.
Question 3
Criteria to evaluate information found on the internet include credibility of the source, accuracy of information, timeliness, relevance to the topic, and corroboration from multiple sources.
Question 4
a) Stare decisis - The legal principle of precedent.
b) Postea - Afterward.
c) Ratio decidendi - The reason for the decision.
d) Audi alteram partem rule - The rule of natural justice to hear the other side.
e) Ultra vires - Beyond the legal power.
f) Viva voce evidence - Oral evidence given in court.
g) Iusta causa - Just cause.
h) De minimis non curat lex - The law does not concern itself with trifles.
i) Res judicata - Matter already adjudicated.
Question 5
a) Adversarial or accusatorial system - Legal system where parties present their case before a neutral judge.
b) Alternative dispute resolution - Methods of resolving disputes outside of the court system.
c) Balance of probabilities - Burden of proof in civil cases.
d) Constitutional sovereignty - Supreme authority of the constitution.
e) Absolution from the instance - Dismissal of a case.
f) Dissenting judgment - Opinion of a judge who disagrees with the majority opinion.
g) Judicial precedents - Previous decisions that guide future case law.
h) Parliamentary sovereignty - Supreme authority of the parliament.
i) White paper - Government report or policy document.
Question 6
1.1 - B
1.2 - D
1.3 - E
1.4 - A
1.5 - F
1.6 - C
Question 7
6.1 Requirements to be admitted as an attorney include completing a law degree, serving articles of clerkship, passing the bar exam, and meeting ethical standards.
6.2 Requirements to be admitted as an advocate include completing a law degree, serving pupillage, passing the bar exam, and being a member of a bar association.
6.3 Occupations in the legal profession include attorneys, advocates, judges, legal consultants, legal researchers, legal secretaries, and legal assistants.