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:
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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 1:
1.1 The consequences of plagiarism include academic penalties such as failing the assignment, course, or even expulsion from the institution. It can also damage one's reputation and credibility.
1.2 Yes, there is such a thing as 'self-plagiarism' which refers to the act of using one's own work or ideas without proper citation or acknowledgement.
1.3 The NWU policy on plagiarism states that students who are found guilty of plagiarism will face disciplinary action in accordance with the institution's rules and regulations. This can include academic penalties, fines, or expulsion.
1.4 It is wrong to plagiarize because it violates academic integrity and ethics. It is a form of intellectual theft and dishonesty which undermines the educational process and devalues the work of others.
Question 2:
2.1 The skill to conduct research is important in studying law as it helps students understand legal principles, develop critical thinking skills, support arguments, and make informed decisions. In the legal profession, research is crucial for preparing cases, advising clients, and keeping up-to-date with legal developments.
2.2 Different research methods used in the legal profession include case law research, statutory research, doctrinal research, and empirical research.
2.3 Two websites considered good legal authority are Westlaw and LexisNexis.
2.4 Methods to find a case include using legal databases, law libraries, and online case repositories.
2.5 Methods to find a statute include using legal databases, government websites, and law libraries.
Question 3: Criteria to evaluate information found on the internet include checking the credibility and expertise of the source, verifying information with multiple reputable sources, assessing the bias or agenda of the information, reviewing the currency and relevance of the information, and considering the accuracy and objectivity of the content.
Question 4:
a) Stare decisis - Let the decision stand
b) Postea - Afterwards
c) Ratio decidendi - Reason for the decision
d) Audi alteram partem rule - Hear the other side
e) Ultra vires - Beyond one's 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 - The thing has been decided
Question 5:
a) Adversarial or accusatorial system - Legal system where two opposing sides present their case
b) Alternative dispute resolution - Methods other than litigation to resolve disputes
c) Balance of probabilities - Standard of proof in civil cases
d) Constitutional sovereignty - Principle that the constitution is the ultimate source of legal authority
e) Absolution from the instance - Dismissal of a case
f) Dissenting judgment - Opinion of a judge who disagrees with the majority
g) Judicial precedents - Previous legal decisions used as a basis for current cases
h) Parliamentary sovereignty - Principle that parliament is the supreme legal authority
i) White paper - Government report or proposal on a policy issue
Question 6:
1.1 - B
1.2 - D
1.3 - E
1.4 - G
1.5 - F
1.6 - C