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ILW1501-25-EX06C

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Read the following scenario and answer the question that follows:

Mr Venter and Mr Khumalo have been neighbours for some time. However, Mr Venter recently installed a gutter system that causes water to flow right into Mr Khumalo’s garden, damaging his plants. This is a nuisance to Mr Khumalo and makes life very unpleasant for him, as he is an avid gardener. 

In private law Mr Khumalo has a right to property. What is Mr Khumalo’s right to property called?

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Read the following scenario and answer the question that follows:

Thandi and Joseph are distressed by the restrictions to certain freedoms taken by the South African government during the Covid-19 pandemic. They contest the limitations to their fundamental freedoms during a state of emergency. Thandi and Joseph seek advice from several human rights lawyers.

Which statement will NOT form part of the advice of the human rights lawyers?

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Which one of the following is NOT an example of a normative system?

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Which of the following countries’ legal systems fall within the common law-legal family?

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What are the two types of proceedings that legal practitioners may use to institute a civil case?

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Which division of public law is concerned with the administration of the state in general by determining the way in which state bodies, state departments, numerous boards, as well as ministers should exercise their powers? 

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Read the following scenario and answer the question that follows:

After COVID-19 swept through the country, causing thousands of deaths and stretching state resources beyond their capacities, a state of emergency was declared by parliament. However, communities were concerned by the way in which residents were being treated by the South African police services and the military. Incidents of residents being harassed and mistreated started coming to light. The Concerned Lawyers Association is tasked with investigating the extent to which fundamental rights may be limited during a state of emergency.

Which one of the following statements regarding the extent to which fundamental rights may be limited during a state of emergency is correct?

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Read the following scenario and answer the question that follows:

Rendani, an artist, always signs his name at the back of his paintings before sending them to the gallery. 

In private law Rendani has a right to his artwork. What is his right to his artwork called?

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Read the following scenario and answer the question that follows:

Marcus is searched by the security guards at Pick ‘n Pay. He is suspected of shoplifting. As they go through Marcus’ backpack, several items which he had not purchased are found inside his backpack. The police are called to handle the matter further.

Which normative system is applicable to Marcus in this scenario?

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What division of the public law describes which acts are considered crimes and what penalties should be imposed by courts for the commission of crimes?

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