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
3
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
1.1 Consequences of plagiarism include academic penalties, damage to reputation, legal consequences, and loss of credibility.
1.2 Self-plagiarism refers to the act of using one's own previous work without proper citation or acknowledgment.
1.3 The NWU policy on plagiarism likely includes definitions of plagiarism, consequences for plagiarism, and ways to avoid plagiarism.
1.4 It is wrong to plagiarize because it is dishonest, unethical, and undermines the original author's work and intellectual property rights.
2.1 The skill to conduct research is important in studying law and in the legal profession as it helps in building a strong case, staying updated on legal developments, and making informed decisions.
2.2 Different research methods used in the legal profession include legal research, empirical research, doctrinal research, and comparative research.
2.3 Two websites considered good legal authority include LexisNexis and Westlaw.
2.4 Methods to find a case include using a legal database, searching through legal journals, and checking court websites.
2.5 Methods to find a statute include checking official government websites, using legal databases, and consulting legal textbooks.
3. Criteria to evaluate information found on the internet include checking the credibility of the source, considering the timeliness of the information, verifying information with multiple sources, and looking for unbiased and objective content.
4.
a) Stare decisis - the legal principle of following precedent
b) Postea - the entry made on the record after the verdict
c) Ratio decidendi - the legal reasoning behind a decision
d) Audi alteram partem rule - the right to be heard
e) Ultra vires - acting beyond one's legal authority
f) Viva voce evidence - evidence given orally
g) Iusta causa - just cause
h) De minimis non curat lex - the law does not concern itself with trivial matters
i) Res judicata - the matter has already been adjudicated
5.
a) Adversarial or accusatorial system - legal system where two opposing parties argue their case
b) Alternative dispute resolution - methods to resolve disputes outside of court
c) Balance of probabilities - standard of proof in civil cases
d) Constitutional sovereignty - the principle that the constitution is the supreme law
e) Absolution from the instance - dismissal of a case
f) Dissenting judgment - a judicial opinion that disagrees with the majority
g) Judicial precedents - past decisions used as a basis for current cases
h) Parliamentary sovereignty - the principle that parliament is the supreme legal authority
i) White paper - government report on policy issues
6.
1.1 - G. Ind good faith
1.2 - D. The matter has already been adjudicated
1.3 - E. Date of judgment
1.4 - B. Contrary to good morals and public opinion or interest
1.5 - F. Court adjourns to consider its decision / judgment reserved
1.6 - C. Beyond the power