Test on South African Law: Sources and Courts

Question 1: Legislation holds a higher position in the hierarchy of South African law sources than the Constitution.

A. Ano

B. Ne

Explanation: The Constitution is the highest law in South Africa and is the starting point for interpreting legislation, making it superior to legislation in the order of importance.

Question 2: Which of the following statements accurately describe modern writings as a source of South African law?

A. They are considered primary sources and are binding on courts.

B. They are published by law academics and other lawyers, offering critical analysis of the law.

C. They create new law, forming part of our common law.

D. They possess persuasive value and are classified as secondary sources.

Explanation: Modern writings are work published by law academics and other lawyers, providing in-depth legal research and critical analysis of the law. They are not binding on courts, do not create law, and are not part of our common law. Instead, they have persuasive value only and are classified as secondary sources.

Question 3: The contextual approach to interpreting legislation relies on historical and political events, as well as the textual content of the entire legislation, to understand how a law applies to real-life circumstances.

A. Ano

B. Ne

Explanation: The contextual approach places legislation in the context of real-life circumstances and relies on historical and political events along with the textual content of the entire legislation.

Question 4: According to the study materials, what does the 'v' signify in a reported court case name such as 'Commissioner, South African Revenue Service v Motion Vehicle Wholesalers (Pty) Ltd'?

A. It indicates the value of the case in monetary terms.

B. It represents 'versus', meaning against.

C. It denotes a victory for the first listed party.

D. It refers to the volume number of the law report.

Explanation: The study materials explicitly state under the 'Parties' section that 'The ‘v’ stands for versus (against)' in a court case name.

Question 5: The year a case was reported is indicated by the information enclosed in square brackets within a case citation.

A. Ano

B. Ne

Explanation: According to the study materials on 'Meaning of each part of a case citation', the example 'Commissioner, South African Revenue Service v Motion Vehicle Wholesalers (Pty) Ltd [2007] 4 All SA 1207 (SCA)' clearly shows that '[2007]' represents the 'Year case was reported'.