SCL1501/101/3/2011

READ THIS TUTORIAL LETTER FIRST. IT CONTAINS THE

ASSIGNMENTS.

COLLEGE OF LAW
School of Law: Department of Jurisprudence
SKILLS COURSE FOR LAW STUDENTS (SCL1501)
TUTORIAL LETTER 101/2011

CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

A WORD OF WELCOME
STRUCTURE AND CONTENT OF THE COURSE
COMMUNICATION WITH YOUR LECTURERS
COMMUNICATION WITH THE UNIVERSITY
STUDENT SUPPORT SYSTEM
STUDY MATERIAL
ASSIGNMENTS: GENERAL INFORMATION
EXAMINATION
FREQUENTLY ASKED QUESTIONS
ASSIGNMENTS

2
________________________________________________________________
1
A WORD OF WELCOME
________________________________________________________________
Welcome as a student of SCL1501, the module Skills Course for Law Students.
We trust that you will find the module interesting and helpful. Please contact us
should you experience any problems regarding the content of this module.
Since this is a semester module, PLEASE MAKE SURE FOR WHICH
SEMESTER YOU ARE REGISTERED. This tutorial letter is extremely important
as it contains vital information concerning the module. You are therefore
requested to read through it carefully.
________________________________________________________________
2
STRUCTURE AND CONTENTS OF THE COURSE
________________________________________________________________
The Skills Course for Law Students is one of the compulsory foundation modules
for the four-year LLB degree.
This subject is a semester course; which means you will be writing exams
in the middle OR at the end of the year.
The module Skills Course for Law Students is simply what its name says it is. It is
a course which introduces certain skills to beginner students in law on a very
basic but sound level. Skills integrate theoretical knowledge with the application
of that knowledge. In other words this module will teach you HOW to approach
your legal studies as well as your legal career.
We hope that this module will be an excellent foundation for your future as a
lawyer.
For many of you who have enrolled for the Skills Course for Law Students, this
will be your first experience of studying at Unisa. By and large your study material
consists of the written word in the form of study guides and tutorial letters. All of
these are components of a comprehensive study package and no single
component should be neglected. Remember this is a skills module, and it is
therefore extremely important that you DO what is asked, otherwise the module
will not benefit you.
To learn skills can be both frustrating and stressful, but at the same time it can be
a lot of fun! It depends on whether you are prepared to take part and DO things
only then will it work.

SCL1501/101

Although the group of which you are a member is large, we must stress that we
regard personal contact between lecturer and student and amongst students
themselves as important. We try to achieve this, for example, by encouraging
students to contact their lecturers, join tutorial discussion sessions on the Internet
(myUnisa), or form study groups.
________________________________________________________________
3
COMMUNICATION WITH YOUR LECTURERS
________________________________________________________________
All written enquiries that are not of a purely administrative nature, but are
about the contents of this module, should be directed to:
The Module Leader (SCL1501)
Department of Jurisprudence
P O Box 392
Unisa
0003
Letters to lecturers may not be enclosed with or inserted into assignments.
All telephonic enquiries that are not of a purely administrative nature but are
about the contents of this module should be directed to:
David Letsoalo
(012) 429 8765
or
Mrs P Molusi
(012) 429 8346
or
FM Mahlobogwane (012) 429 8582
Fax

(012) 429 3442

International: +27 12 429 8765

+27 12 429 8346
+27 12 429 8582
+27 12 429 3442

Please have your study material at hand when you contact us about the content
of the module.
You are welcome to visit us to discuss any queries or problems. However,
please make an appointment. David Letsoalos office is room 4-92, Mrs
Molusis is room 4-95 and Mr Mahlobogwanes is room 4-85 in the Cas van
Vuuren Building on the main Campus in Muckleneuk Ridge, Pretoria.
Students who have access to the appropriate computer technology may contact
us by means of e-mail at the following addresses:

4
David Letsoalo
Mrs P Molusi
FM Mahlobogwane

letsomd@unisa.ac.za
molusap@unisa.ac.za
mahlofm@unisa.ac.za

________________________________________________________________
4
COMMUNICATION WITH THE UNIVERSITY
________________________________________________________________
When you have to contact the University concerning administrative matters which
have nothing to do with the content of this module, you should contact the
relevant department. Contact addresses of the various administrative
departments are included in My Studies @ Unisa, which you received with your
study package. The general Unisa Contact Centre (UCC) number is
0861670411. In addition to the relevant contact details/telephone numbers, this
book gives you the procedure to follow. Please keep your student number at
hand when you make the call.
You may contact us (your lecturers) by post, email, telephone or on myUnisa.
Physical Address:

University of South Africa

Preller Street
Muckleneuk
Pretoria
City of Tshwane

Postal address:

University of South Africa

PO Box 392
Unisa
0003

CONTACT NUMBER FOR ALL ENQUIRIES:

Telephone number:
UCC

(RSA only):
International calls:

0861670411
+27 11 670 9000

Fax number:
E-mail:
Online address:

012 429 4150 / +27 11 429 670 9000

study-info@unisa.ac.za
http://my.unisa.ac.za

Always use your student number when you contact the university.

SCL1501/101

________________________________________________________________
5
STUDENT SUPPORT SYSTEM
________________________________________________________________
For all information concerning student support please consult My Studies @
Unisa.
5.1 Study groups
It is advisable to form study groups and to have contact with fellow students. In
this way you can test your arguments and offer one another support and
encouragement. The addresses of students in your neighbourhood are
obtainable from:
Directorate: Student Administration and Registration
PO Box 392
Unisa
0003
5.2 myUnisa
myUnisa is an electronic service on the Internet to registered Unisa students.
Visit the Unisa website at: http://www.unisa.ac.za and select "myUnisa". Read
My Studies @ Unisa on how to activate myUnisa.
5.3 Tutorial support (Tutorial classes)
Unisa offers tutor services for students as additional academic support at the
various Unisa regional learning centres throughout the country. For details of a
learning centre near you, please consult Directorate Curriculum and Learning
Development at Tel: +27 12 429 6889.
A tutorial is an organised session where students and tutor(s) meet regularly at a
common venue and at scheduled times to discuss course material. The main
purpose of the tutorial services is to facilitate student learning by developing the
students independent learning skills and assisting students to develop and
enhance their learning experience and academic performance through interaction
with the tutor and fellow students. Tutorials are not compulsory and willing
students receive tutorial support at a nominal fee. Interested students are
advised to consult a learning centre closest to them to enrol for tutorials. For
further information on tutorials consult the brochure My Studies @ Unisa.

6
5.4 Discussion Classes and Satellite Broadcasts
As lectures, we may conduct satellite broadcasts during the course of the
semester. At times we do visit certain regional centres for discussion classes.
Specific details regarding dates and venues in respect of these classes will follow
in further tutorial letters during the semester.
________________________________________________________________
6
STUDY MATERIAL
________________________________________________________________
6.1 Inventory
Unisas Department of Despatch should supply you with the following tutorial
matter for this module (SCL1501):

Tutorial Letter 101 (this tutorial letter)

Study Guide (Only Guide for SCL1501)
Workbook (Skills Course for Law Students/SCL1501 Workbook)
Skills Course for Law Students/SCL1501 DVD

Note: Some of this tutorial matter may not be available when you register. It will
be posted to you as soon as possible.
You will (on registration) receive an inventory letter containing information about
your tutorial matter. Also see the brochure entitled My Studies @ Unisa (which
you received with your tutorial matter).
Check the study material you receive against the inventory. You should have
received all the items specified in the inventory, unless there is a statement like
out of stock. If any item is missing, follow the instructions on the back of the
inventory without delay. Items which are marked out of stock will be despatched
to students by registered post from Pretoria as soon as they are available.
PLEASE NOTE: We cannot help you with missing study material. Please
contact the Department of Despatch: +27 12 429 4104 / +27 11670 9000
(international calls) 0861 670 411 (RSA only)
6.2 Study material
The study material for SCL1501 includes the following:
6.3.1
Study Guide
There is ONE study guide for SCL1501
You do NOT have to buy any prescribed book.

SCL1501/101

6.3.2
Workbook
There is ONE SCL1501 Workbook. The workbook is for the written exercises.
Use your workbook together with your study guide. We urge you to take the
activities in the Workbook seriously as they are meant to give you an opportunity
to assess your study progress. We will NOT send you any answers or
feedback to the activities in the workbook.
PLEASE NOTE: The exercises in your workbook should NOT be submitted
for marking. They are for self-evaluation only!
6.3.3
DVD
You will receive a DVD with your study material. This DVD is relevant to the
study units on communication skills and research skills. There is an Afrikaans
DVD for Afrikaans speaking students and an English DVD for English speaking
students.
6.3.4
Tutorial letters
Tutorial Letter 101/2011 for SCL1501 (this tutorial letter) is an extremely
important tutorial letter. It contains very important information regarding the
University and the module SCL1501, as well as all the assignments for this
module. You should therefore study Tutorial Letter 101/2011 very, very carefully.
Apart from Tutorial Letter 101, you may also receive other tutorial letters (eg 102,
103, 104, 201, 202 and 203) during the year. All the tutorial letters will not
necessarily be available at the time of your registration, but will be despatched to
students as soon as they are available.
NOTE: It may seem as if Tutorial Letter 301 is a duplication of the study unit on
study skills.
Tutorial letters are part of your study material. Study each tutorial letter that
you receive for SCL1501 carefully, and keep it for further reference.
Students who have access to the Internet, can access all their study material on
the web on: http://www.unisa.ac.za click on myUnisa.
________________________________________________________________
7
ASSIGNMENTS: GENERAL INFORMATION
________________________________________________________________
FOR ALL QUESTIONS REGARDING ASSIGNMENTS, please call 0861670411.
For detailed information and requirements as far as assignments are concerned,
see My Studies @ Unisa, which you received with your study package.

8
7.1 TWO assignments
There are TWO assignments for the SCL1501 course. Assignment 01 is
compulsory. However, both assignments will count towards your year mark.

Assignment 01 - submission date 14 March (first semester) OR 22 August

if you are registered for the second semester. (Assignment 01 is a multiple
choice assignment and the marks you receive will be added to assignment
02 and then divided by 2 for your semester mark out of 20)

Assignment 02 (this assignment will count towards your year-mark) submission date 11 April (first semester) OR 12 September (second
semester) (Assignment 02 is not a multiple choice assignment)

YOU NEED TO SUBMIT THE FIRST COMPULSORY ASSIGNMENT TO GET

ADMISSION TO WRITE THE EXAMINATION.
Assignments must be addressed as follows:
The Registrar
P O Box 392
UNISA
0003
You can also submit your assignments electronically via myUnisa:

Go to myUnisa
Log in with your student number and password
Select the module code from the orange bar
Click on assignments in the menu on the left
Click on the assignment number that you want to submit
Follow the instructions on the screen

7.2 No extension!
The University must provide the Department of Education with proof of its
students active study before a specific date. Therefore, no extension for the
submission of assignments is possible.
7.3 Marks obtained for the assignments = a semester mark out of 20
The marks obtained for the assignments will make up a total of 20 marks, and
can if you obtain an examination mark of at least 40% - count 20% of your final
mark for this module. See in this regard 8.2 below.

SCL1501/101

7.4 Purpose of assignments

Assignments, just as the exercises in the SCL1501 workbook, form an extremely
important part of the module. In the assignments you must prove your ability to
deal with the subject-matter. We urge you to start preparing early for the
court observation which forms part of your second assignment (Part B).
7.5 Commentaries on assignments
Commentary on the compulsory assignments will be sent to all students
registered for the module SCL1501 in follow-up tutorial letters, and not only to the
students who submitted the assignments.
As soon as you have received the commentary, please check your answers. The
assignments and the commentary on the assignments constitute an important
part of your study material for the examination.
7.6 Plagiarism
Please keep in mind that you must submit your own work when sending in the
assignments. You may, of course, consult with your lecturers, tutor and/or fellow
students if you encounter any problems with the assignments.
Working together does not mean copying another students assignment. At the
university we take a serious view of plagiarism which might lead to a disciplinary
hearing and expulsion.
Plagiarism is the act of taking words, ideas and thoughts of others and passing
them off as your own. It is a form of theft which involves a number of dishonest
academic activities.
The Disciplinary Code for Students (2004) is given to all students at
registration. Students are advised to study the Code, especially Sections 2.1.13
and 2.1.14 (2004:3-4). Kindly read the Universitys Policy on Copyright
Infringement and Plagiarism as well.
________________________________________________________________
8
EXAMINATION
________________________________________________________________
8.1 Examination period
SCL1501 is a semester module. This means you will be writing exams in
May/June OR October/November.

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During the course of the year the Examination Section will provide you with
further information regarding the examination in general, examination venues,
examination dates and examination times. Please DO NOT send any queries
regarding administrative aspects involving examinations to us (the
lecturers). You may also consult the Unisa website (www.unisa.ac.za) in
this regard.
8.2 Examination paper
You will write one 2-hour paper on the module SCL1501. The paper counts 100
marks (you must write fast!). Your examination mark out of 100 will be adapted
to a mark out of 80. Your examination mark out of 80 will be added to your
semester mark out of 20 (in other words, your assignments marks) to determine
your final mark for this module. Remember, you have to obtain a sub-minimum of
40% in the examination before your semester mark out of 20 (your assignment
marks) can be taken into account.
NOTE: There are NO multiple choice questions in the examination. Latin terms
will be tested in short questions. You may use a pocket calculator in the
exams, but not a cellphone!
8.3 Previous examination papers
The University does make available copies of previous examination question
papers on the myUnisa system. The aim of this initiative is to help you have an
idea of what your examination paper will be like at the end of the semester.
Please make use of the paper to enhance your study process, rather than as a
tool for exam spotting. However, you should not direct any enquiries
regarding previous question papers to us!
8.4 Admission to the examination
All students who submit the first compulsory assignment in time (before or on the
closing date) will automatically get admission to the examination, regardless of
the mark obtained for the assignment. In other words, a student who submitted
the first assignment but obtained 0%, will be allowed to sit for the examination.
Students who have not submitted the first compulsory assignment in time, will not
get admission to the exams.
Both assignments will be taken into account for your semester mark. Your
semester mark counts 20% of your final mark.

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SCL1501/101

8.5 How will this work in practice?

Your SEMESTER MARK counts 20% (first assignment 10%, second

assignment 10%) of the final mark.
Your EXAM MARK counts 80% of the final mark.
Your FINAL MARK for the module is thus calculated in the following way:
20% (semester mark) + 80% (exam mark) = 100% (final mark).

NOTE: Your semester mark will not be considered if you do not obtain the
required subminimum in the examination. At present the subminimum is 40%.
8.6 Supplementary examination and the semester mark
This module is a semester course. Supplementary exams will be written at the
end of the next semester. In other words, should you not be able to write the
exam in May/June or fail it, but be granted a supplementary exam, you will be
writing the exam in October/November. The same applies if you fail the exam in
October/November and the University gives you another chance through a
supplementary exam: you will be writing in May/June the following year.
PLEASE NOTE: Should the University grant you a supplementary exam, your
semester mark will not count towards your final mark. In other words, your exam
mark will count 100% of your final mark and you will have to achieve a mark of at
least 50% in the supplementary exam to pass this module.
However, this arrangement will not affect students who write the aegrotat (sick)
exam. In other words, students who, for health reasons, are unable to write the
exam when they are supposed to and have a medical certificate to prove it, will
be in the same position as any other student. Their semester mark will constitute
20% of their final mark.
________________________________________________________________
9
FREQUENTLY ASKED QUESTIONS
________________________________________________________________
We receive many calls from students asking the same questions over and over
again. We have therefore decided to include these questions in this tutorial letter.
Please do not make an unnecessary telephone call to ask one of the following
questions:
9.1 Are there assignments for SCL1501? Do I have to submit the
assignments?
Yes, there are TWO assignments for SCL1501. The exercises in your
SCL1501 Workbook must not be submitted.

12
9.2 What do I do if I experience problems with the content of the study
material for SCL1501?
Contact the lecturer immediately. You can phone us any time during the
mornings, make an appointment if you want to come and see us, write a
letter or send an e-mail.
9.3 I have not received my study material. Can you send me a copy of the
tutorial letter etc?
No, unfortunately we do not keep the study material in our offices. Please
contact the Department of Despatch.
9.4 When do the classes at Unisa start?
Unisa is a university which offers distance learning, and is not a residential
university. Therefore we do not offer classes to our students on a daily
basis. There are, however, tutorial classes conducted at the Unisa regional
centres. Contact the Department of Student Support in this regard.
9.5 Do I have admission to write exam in SCL1501?
All students who submit the first compulsory assignment in time (before the
closing date) will automatically get admission to the exam regardless of the
mark obtained for the assignment. Students who have not submitted the first
compulsory assignment in time will not get admission to the exam.
9.6 When and where will I write the exam?
Sorry, we do not have that information. Should you have any enquiries
about the exam: date, time and venue for SCL1501, please contact the
Examination Section.
9.7 When will the exam results be released?
Sorry, we do not have this information. Please contact the Examination
Section.
9.8 What should I do if I am not happy with my results?
The information on the reverse side of your official results that you will
receive by post gives the different options you may consider. Also consult
the brochure My Studies @ Unisa which you have received as part of your
study package.
9.9 How do I apply for the remarking or rechecking of my exam script?
You will find all the information with regard to the remarking or rechecking of
exam scripts on the reverse side of the official results that you will receive
by post. You will also find the information in the brochure My Studies @
Unisa that you have received as part of your study material.
9.10 When I pass SCL1501 for which modules do I have to register?
Sorry, we cannot assist you. Please phone the student counsellors.

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SCL1501/101

________________________________________________________________
10 ASSIGNMENTS
________________________________________________________________
READ THE FOLLOWING BEFORE YOU DO YOUR ASSIGNMENTS
Assignments 01 and 02:
ASSIGNMENT 01: Closing date: 14 March for the FIRST SEMESTER
ASSIGNMENT 02: Closing date: 11 April for the FIRST SEMESTER
ASSIGNMENT 01: Closing date: 22 August for the SECOND SEMESTER
ASSIGNMENT 02: Closing date: 12 September for the SECOND SEMESTER
The information that follows is extremely important. It deals with the instructions
on how to complete and submit the assignments.
1.

2.

3.

4.

Assignment 01 is an assignment consisting of multiple-choice questions.

You must mark your answers to the assignment questions directly on the
mark-reading sheet which you have received as part of your study package.
This mark-reading sheet will then be marked by the computer. Check that
Unisa has supplied you with mark-reading sheets. Written answers on a
sheet of paper will not be marked. Note: This assignment is compulsory.
Please consult the brochure My Studies @ Unisa for instructions on how to
use and complete a mark-reading sheet, as well as an example of a markreading sheet used for assignment purposes. Follow the instructions very
carefully. Please ensure that your name, address, student number, unique
number, module code and assignment number appear on the mark-reading
sheet, and that this information is correct.
Please use an HB pencil when you fill in the mark-reading sheet. Do not use
a pen when you complete the mark-reading sheet. Mark the number of the
statement that you choose next to the number of the relevant question. You
may choose only ONE statement for each question.
Each year a number of students submit faulty mark-reading sheets which
cannot be processed by the computer. Sheets that are rejected by the
computer will be returned to students without being marked.

14
5.

6.
7.
8.
9.
10.
11.
12.

13.

When submitting a multiple-choice question assignment to the

ASSIGNMENTS section, you must send only your mark-reading sheet in
one of the brown envelopes which you have received as part of your study
package. Do not send an assignment cover sheet with your mark-reading
sheet. You may also submit the assignment via myUnisa. Do not fax the
assignment to the University. Do not fax or e-mail the assignment to the
lecturers.
Do not submit the assignment a second time. The computer will simply
reject this assignment as a duplicate assignment.
Make sure that you submit the mark-reading sheet before or on the closing
date. No extension can be granted for submission of the assignment since
the assignment is marked by the computer.
Students who submit the assignment long before the closing date will have
to wait for their results until the assignment is marked by the computer. No
results will be available before the closing date for the assignment.
Soon after the closing date of the assignment you will receive a computer
printout giving your answers, the correct answers to the questions (that is,
the lecturers answers) and your mark for the assignment.
Each question counts ONE mark. The assignments count a total of 20
marks.
It is not easy to do a multiple-choice question assignment. It requires much
effort and time. Do not under-estimate this assignment!
The detailed commentary on the assignment will be sent to you in another
tutorial letter. Remember, the assignments and the commentaries on the
assignment constitute an important part of your study material for the
examination.
Note that Part B of Assignment 02 comprises a fill-in observation sheet. You
may cut the relevant pages out and post them together with Part A as your
complete Assignment 02. Should you decide to send the assignment
electronically (ie via myUnisa) you should ensure that the page bearing the
stamp and signature of the Clerk of Court/Registrar is scanned and sent
with the rest of the assignment.

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SCL1501/101

________________________________________________________________

ASSIGNMENT 01: FIRST SEMESTER

UNIQUE NUMBER: 850283
________________________________________________________________
CHOOSE ONLY ONE CORRECT ANSWER
QUESTION 1
Indicate the CORRECT statement:
The learning process entails the following:
1.
2.
3.
4.

it is the responsibility of the teacher to make it an active process

the pupil is responsible for his/her learning
the teachers ability to fill learners brain with good information
gathering new ideas and information for the teacher

QUESTION 2
Indicate the CORRECT statement
The essence of the exploration phase is:
1.
2.
3.
4.

getting ready for intensive study

dealing with action words, assignments and writing exams
questioning or interrogating information and reinterpreting it
consolidating the facts we explore

QUESTION 3
Indicate the CORRECT statement
Good relationships with people around you is an aspect of:
1.
2.
3.
4.

time management
social space
physical space
good behaviour in class or examination hall

16
QUESTION 4
Indicate the CORRECT statement
If you fail the exams, you will be given a hiding is an example of:
1.
2.
3.
4.

negative internal motivation

positive external motivation
motivation
long- term goal

QUESTION 5
Indicate the CORRECT statement
To avoid conflicting demands, we should do the following:
1.
2.
3.
4.

do the wants first

avoid the should dos
read a text in preparation for a discussion class
draw a complete time plan

QUESTION 6
Indicate the CORRECT statement
Study groups are important because:
1.
2.
3.
4.

human beings can only learn in natural group contexts

we must build our families, clans or communities
there are many people who do believe in group work
they offer an opportunity to fill gaps of knowledge

QUESTION 7
Indicate the CORRECT statement
An effective reader does the following:
1.
2.
3.
4.

sees the bigger picture only

suspends assumptions in the text
reads for meaning
reads very fast

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SCL1501/101

QUESTION 8
Indicate the CORRECT statement
Legislation refers to:
1.
2.
3.
4.

law laid down by an organ of state which has power to do so

parliament as an organ of state
the national legislation only
the bill which is published in the Government Gazette

QUESTION 9
Indicate the CORRECT answer
1.
2.
3.
4.

Before an Act is signed it must be published

Parliament approves an Act after the President has signed it
The President signs the English version
The President signs the Act before it appears in the Government Gazette

QUESTION 10
Indicate the CORRECT answer
The difference between the long title and the short title is:
1.
2.
3.
4.

the long title is bolder

the long title is longer than the short title
the long title carries the aim whereas the short title describes the Act
the short title is electronic

QUESTION 11
Indicate the CORRECT answer
The following are the presumptions to be considered when reading an Act
1.
2.
3.
4.

the context which gave rise to the Act

meaningless sections
unreasonable or unfair consequences are envisaged
if there are changes dealt with, such changes are necessary

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QUESTION 12
Choose the CORRECT answer:
Sv Makua 1993 (1) SACR 160 (1) is an example of:
1.
2.
3.
4.

civil case
secondary source of law
ratio decidendi
primary source of law

QUESTION 13
Indicate the CORRECT answer:
Obiter dictum
1.
2.
3.
4.

creates a precedent
objectively dictates to the court
are remarks made in passing
are contained in the Act

QUESTION 14
Indicate the CORRECT answer.
Summary of heads of argument:
1.
2.
3.
4.

always appears in a case

appears in criminal cases only
includes authorities used by the judges
includes authorities presented by lawyers to the court

QUESTION 15
Indicate the CORRECT answer
Textbooks and journal articles are secondary sources because:
1.
2.
3.
4.

they have authoritative value

they may also be read at secondary school level
they are written at university for plagiarism
they do not create the law

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SCL1501/101

QUESTION 16
Indicate the CORRECT answer
In a percentage form, the fraction is:
1.
2.
3.
4.

12 %
50%
7%
75%

QUERSTION 17
Choose the CORRECT answer
Lenyenye invests R15000 at a Lephepane bank, and earns 17,5% interest per
annum. How much interest does Lenyenye earn in 2 years?
1.
2.
3.
4.

R2625
R6250
R5250
R5625

QUESTION 18
Indicate the CORRECT statement:
Non-verbal communication is:
1.
2.
3.
4.

ability to use spoken word (sounds) that have specific meaning

the use of your mouth to talk
conveying a message without using words
your attitude, your face and your clothes

QUESTION 19
Indicate the CORRECT answer:
Logical reasoning:
1.
2.
3.
4.

establishes the truth

helps in persuasion
creates an authoritative premise
dictates to the presiding officer or the magistrate

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QUESTION 20
Choose the CORRECT answer:
Leading questions are not objectionable in:
1.
2.
3.
4.

re-examination
examination-in-chief
cross-examination
when you lead your client in evidence
TOTAL: [20]

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SCL1501/101

_____________________________________________________________

ASSIGNMENT 02: FIRST SEMESTER

_____________________________________________________________
TOTAL: [25]
PART A
QUESTION 1
Using your own words and examples, discuss what the following phases of a
study process entail.
(3)
(i)

Exploration________________________________________________

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
(ii)

Fixation__________________________________________________

_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
(iii) Testing___________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
QUESTION 2
Refer to page 9 of your Study Guide and do the activity (ie activity 5).
(3)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

22
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 3
Read the text Being a Major at 18, What Happened to 21? on pages 27-28 of
your Study Guide. Summarise it by using any visual note-making strategy. (2)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 4
Distinguish between:
(i) common law and legislation
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________

23

SCL1501/101

(ii) examination-in-chief and re-examination

(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 5
Pretend you are a successful lawyer. You have agreed with your client that you
will send him a detailed account every month. In your negotiations you have
decided the following will be applicable:

R15 for every letter received

R35 for every letter written
R525 for a summons
R30 per page or part thereof for an affidavit
R50 per 15 minutes or part thereof for telephone consultations
R350 per half an hour or part thereof for a consultation

In the preceding month you did the following for your client:
1.
2.
3.
4.
5.
6.

You received 3 letters and wrote and posted 10

You compiled a summons
You compiled an affidavit of 9 and a quarter pages.
You instructed an advocate to write a document concerning the case. The
advocate invoiced you for R1425,00 excluding VAT
You consulted with the client for 66 minutes
You consulted 4 times telephonically. Once for 18 minutes, once for 23
minutes and twice for 9 minutes each.

VAT is 14% for this exercise and postage stamps will cost you R1 per stamp
including VAT.
Write the detailed account.

(5)

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

24
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 6
If partner Motsinonis assets amount to R455 000 and the value of the
Madumeleng Partnership is R1 382 799, what is partner Modubungs
contribution?
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 7
Masego earns a salary of R18 000 per month (after tax is deducted). She earns
R960 per hour overtime (tax not deducted. Tax rate is 45%). During February she
worked 6 hours overtime. What will her salary be for the month of February? (1)

25

SCL1501/101

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 8
The distance between Namakgale and Lephepane towns is 326 km. When the
highway, which is under construction, is finished; the distance will be 15%
shorter. What will the distance in kms then be?
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 9
Sebola and Bapela divide the profit of their business on a pro rata basis of 3:1.
Their profit is R190 000. Sebola will get?
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

PART B: COURT OBSERVATION

In order to do this part of the assignment, you have to visit a court of law
(magistrate/high) in your area, attend a real court case to make observations.
Take note of what actually transpires during the proceedings and record the
details on a piece of paper. This is what you need to consider:

Prior your court observation, visit the clerk of court/registrar or court

manager and introduce yourself and that you would like to observe a real
case as part of your studies.

26

Note the name of the magistrate court

Type of case: civil or criminal
The parties (persons involved in the matter or dispute)
The matter before court
The court officials including the presiding officer, legal representatives, court
orderly, prosecutor, etc
Any witnesses?
The clerk of court/registrar (who should also sign your observation
sheet and stamp it. See item 10 of the observation sheet)
Your inclusion of the names of these persons will earn you points
Case name/number
NOTE: The university may contact the court you have mentioned to verify
the truthfulness of the information that you provide in your observation
sheet.
After completing the observation sheet, you should send it together with
Part A as your Assignment 02.
The page bearing the stamp and signature of the Clerk of Court or
Registrar of the High Court forms part of the assignment. It should
NOT be sent separately.

OBSERVATION SHEET (PART B of ASSIGNMENT 02)

(5 marks)
Surname of Student: ______________________________________________
Full Names: ______________________________________________________
Student number: _________________________________________________
1.

Name of the magistrate/high court: ________________________________

2.

Date(s) attended: ______________________________________________

3.

Duration: ____________________________________________________

4.

The type of case (civil or criminal?) ________________________________

5.

Explain why you say so in 4 above: ________________________________

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

27

SCL1501/101

________________________________________________________________
________________________________________________________________
________________________________________________________________
6.

Who are/were the parties involved?

______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
7.

What was the case about? (state briefly)

______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
8.

Who were the court officials? Were there any legal representatives? If so,
indicate who represented whom?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

28
______________________________________________________________
______________________________________________________________
______________________________________________________________
9. What was the decision of the court or the magistrate/judge?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
10. Name of the Clerk of Court/Registrar:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
This is to declare that the student ___________________________________
visited this court and observed the case mentioned in this document.
Signature
Date:..

Stamp:

29

SCL1501/101

________________________________________________________________

ASSIGNMENT 01: SECOND SEMESTER

UNIQUE NUMBER: 766898
________________________________________________________________
TOTAL: [20]
CHOOSE ONLY ONE CORRECT ANSWER
QUESTION 1
Choose the CORRECT answer
A key element of the study process is:
1.
2.
3.
4.

to interact with fellow students or the teacher

methods
learning
reading, underlining and making notes

QUESTION 2
Choose the CORRECT answer.
Understanding action words is part of:
1.
2.
3.
4.

time management
study environment
testing phase
responsibility

QUESTION 3
Choose the CORRECT answer
The decentralised model of study groups has:
1.
2.
3.
4.

no free flow of communication

no place for small groups
no talk shows
no main leader

30
QUESTION 4
Choose the CORRECT answer.
We do the following when we summarise:
1.
2.
3.
4.

briefly misrepresent the original text in a nice way

outline the key ideas of the original text
outline insignificant ideas of the author
only read the whole text

QUESTION 5
Choose the CORRECT answer
Legislation does not want to change existing laws unnecessarily is an example
of:
1.
2.
3.
4.

previous knowledge
context
presumption
parliament

QUESTION 6
Choose the CORRECT answer
The following cases are not reported in Law Reports:
1.
2.
3.
4.

criminal cases
civil cases
cases involving actions of the police
magistrate court cases

QUESTION 7
Choose the CORRECT answer
Separate judgment is:
1.
2.
3.
4.

when a judge disagrees with the conclusion of other judges

when a judge disagrees with the reasons of other judges
when a judge creates a separate precedent
when a judge creates a separate ratio decidendi

31

SCL1501/101

QUESTION 8
Choose the CORRECT answer.
Primary sources:
1.
2.
3.
4.

are common law, legislation and law lecturers

have very strong persuasive value
include law journals
are authoritaive

QUESTION 9
Choose the CORRECT answer
In Molefe v Mahaeng (1999) (1) SA 562(SCA).
1.
2.
3.
4.

This case appears in volume 562

The case appears on page1
S.A. stands for South Africa
The case appears in volume 1

QUESTION 10
Choose the CORRECT answer.
The chronological list for the relevant statute is used:
1.
2.
3.
4.

to search for titles

if you know the number and year of publication
to look for subject index
to look for topics

QUESTION 11
Choose the CORRECT answer.
In South Africa, common law is found in:
1.
2.
3.
4.

the writings of old university authors

the table of cases and index of cases
one specific book (code) containing a list of all the possible crimes
the writings of old authors from Roman and Roman-Dutch times

32
QUESTION 12
Choose the CORRECT answer.
Lephepane Rovers football club won 30 games, and lost 12. What percentage of
games have they won?
1.
2.
3.
4.

3,6%
25%
40%
71%

QUESTION 13
Choose the CORRECT answer.
Trust account is:
1.
2.
3.
4.

the account that the lawyer uses to pay salaries from

used when the lawyer trusts that it has funds
used for funds that do not belong to the lawyer
used to buy tea or coffee for clients during consultation

QUESTION 14
Choose the CORRECT answer.
A law textbook costs R165-00 including VAT. What is the price of the textbook
excluding VAT?
1.
2.
3.
4.

R140,65
R144,73
R151,00
R141,00

33

SCL1501/101

QUESTION 15
Choose the CORRECT answer
In non-verbal communication, we recognise that
1.
2.
3.
4.

people communicate exclusively with each other through the spoken words
(sounds) that have specific meanings
language is spoken without words
in addition to words with specific meanings, messages may be sent through
other bodily or personal means
cell phones, letters, faxes and e-mails are useful means of communication

QUESTION 16
Choose the CORRECT answer
In order to show respect to the presiding officer (magistrate/judge):
1.
2.
3.
4.

we should always carry a clean bag to put our files in

we should not use non-verbal communication
we should look at him/her directly
we should avoid looking at him/her directly

QUESTION 17
Choose the CORRECT answer
When preparing for interviews with our clients, we should
1.
2.
3.
4.

avoid possible questions that our opponent may ask our client
avoid leading questions
avoid the kind of information we will need for the file
find out which law/s apply to the matter at hand

QUESTION 18
Choose the CORRECT answer
The following is true for listening skills:
1.
2.
3.
4.

listening is a natural skill

listening is a passive exercise of the ear
effective listening also considers the speakers feelings
listening damages your ability to build up a rapport and gain the clients
confidence

34
QUESTION 19
Choose the CORRECT answer
In Logic, effective and well-practised argumentation
1.
2.
3.
4.

shows the magistrate/judge the truth

has authoritative value
is a useful persuasion tool
will necessarily win you the case

QUESTION 20
Choose the CORRECT answer
As a lawyer, you include your prayers in:
1.
2.
3.
4.

your consultation with the client

your examination-in-chief
opening address
closing argument

35

SCL1501/101

_____________________________________________________________

ASSIGNMENT 02: SECOND SEMESTER

_____________________________________________________________
TOTAL: [25]
PART A
QUESTION 1
Discuss the hurdles that timetables can help you deal with.
(4)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
QUESTION 2
Using your own words, and without copying from your Study Guide, explain
the concept learning.
(1)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

36
QUESTION 3
Without merely copying from the Study Guide, distinguish between:
i)
linear notes and time-line notes`
(1)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
ii) compare and contrast
(1)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
QUESTIION 4
Read the Ex Parte Pieters case on pages 18-23 of your Workbook (Skills
Course for Law Students Workbook) and summarise it in no more than 5 lines.
Note: Avoid mere copying/paraphrasing from your Study Guide.
(3)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

37

SCL1501/101

QUESTION 5
Hlebi Hlebela, an attorney, arranged with his client, Motapola, to account him on
a monthly basis. The agreed fees are as follows:

Every letter received: R25

Every letter written: R150
Drafting of a summons: R2400-00
Drafting of an affidavit: R100 per page or any part thereof
Every telephone enquiry or consultation: R25 per 10 minutes or part thereof
Every consultation: R250 per half hour or part thereof
Stamps at R10 (VAT excl)
Medico-legal report R4867 (VAT excl)

During the past month, Hlebi Hlebela completed the following work on behalf of
Motapola:
1
2
3
4
5
6
7

Received 10 letters
Wrote 5 letters
Drafted one summons
Drafted one affidavit consisting of 5 pages
Consulted telephonically once for 18 minutes
Consulted once for 2 hours
Sourced a medico-legal report from a doctor in Lephepane.

Calculate the account.

(5)

______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________

38
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
QUESTION 6
Rathelele charges R450 (VAT excl) per hour for court appearance. He is at court
for 3 hours. What is the amount that his client, Malo, must pay him?
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 7
A Khujwana firm charges R550 per 30 minutes for consultation. If the firm
decideds to incresae by 7,5%, what will the new charge be per hour?
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
QUESTION 8
The year-end figure for Motetene Attorneys Inc. is R100 000 profit.
(a)

Evalate the tax the firm will have to pay if the tax rate is 35% .
(1)
____________________________________________________________
____________________________________________________________
____________________________________________________________

39
(b)

SCL1501/101

If Benni and Ramodike are the partners,what will their share be on the
remaining profit if the ratio is 3:2 ?
(1)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

QUESTION 9
Calculate the sum Makolobe can claim with actio legis Acquiliae if he suffered the
following damages: R54 000 for loss of income; R37 000 for medical costs and
R14 185 for future medical costs.
(1)
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

40
PART B: COURT OBSERVATION
In order to do this part of the assignment, you have to visit a magistrate court in
your area, attend a real court case to make observations. Take note of what
actually transpires during the proceedings and record the details on a piece of
paper. This is what you need to consider:

Prior your court observation, visit the clerk of court and introduce yourself
and that you would like to observe a real case as part of your studies.
Note the name of the magistrate court
Type of case: civil or criminal
The parties (persons involved in the matter or dispute)
The matter before court
The court officials including the presiding officer, legal representatives, court
orderly, prosecutor, etc
Any witnesses?
The clerk of court (who should also sign your observation sheet and
stamp it. See item 10 of the observation sheet)
Your inclusion of the names of these persons will earn you points
Case name/number
NOTE: The university may contact the magistrate court you have mentioned
to verify the truthfulness of the information that you provide in your
observation sheet.
After completing the observation sheet, you should send it together with
Part A as your Assignment 02.
The page bearing the stamp and signature of the Clerk of Court or
Registrar of the High Court forms part of the assignment. It should
NOT be sent separately.

OBSERVATION SHEET (PART B of ASSIGNMENT 02)

(5 marks)
Surname of Student: ______________________________________________
Full Names: _____________________________________________________
Student number: _________________________________________________
1

Name of the magistrate/ high court:______________________________

Date(s) attended: _____________________________________________

Duration: ____________________________________________________

The type of case (civil or criminal?) ________________________________

41
5

SCL1501/101

Explain why you say so in 4 above: ________________________________

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
6

Who are/were the parties involved?

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
7

What was the case about? (state briefly):

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

42
8

Who were the court officials? Were there any legal representatives? If so,
indicate who represented whom?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
9

What was the decision of the court or the magistrate/judge?

______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
10

Name of the Clerk of Court/Registrar:

______________________________________________________________
______________________________________________________________

43

SCL1501/101

______________________________________________________________
This is to declare that the student ____________________________________
visited this court and observed the case mentioned in this document.
Signature
Date:..

Stamp:

Best wishes
DAVID LETSOALO
MRS P MOLUSI
MR FM MAHLOBOGWANE
Tloga tloga e tloga kgale... a Sepedi proverb