TRY ME!
Electoral Act Constitutionality Case
Summary
The richter v minister of home affairs case highlights the unconstitutionality of certain electoral act sections, emphasizing voting rights and equality. Second-generation rights relate to socio-economic issues. The table of non-derogable rights is in section 37 of the bill of rights. Fundamental rights can be limited under certain circumstances. The constitutional court confirms unconstitutionality of laws. The eastern cape parliament operates at the provincial level. State advocates are public prosecutors. Magistrates’ courts include district and regional courts. The minister of home affairs v fourie case influenced family law. Both criminal and civil cases may arise from assault incidents.Full Conversation
Which one of the following statements regarding the three categories of fundamental rights is correct?
Third-generation rights are known as red rights, for example the rights to education, language and culture.
Blue rights relate to environmental issues such as the rights to a clean environment and unpolluted air.
Second-generation rights are rights that relate to socio-economic issues, for example the rights to housing and food.
First-generation rights are civil rights that protect groups of people from the state such as the rights to protest and vote.
The correct statement is:
- Second-generation rights are rights that relate to socio-economic issues, for example the rights to housing and food.
First-generation rights are typically civil and political rights, while third-generation rights include collective and development rights.
- Second-generation rights are rights that relate to socio-economic issues, for example the rights to housing and food.
First-generation rights are typically civil and political rights, while third-generation rights include collective and development rights.
In which section of the Bill of Rights is the Table of Non-Derogable Rights?
section *
section *
section *
section *
The Table of Non-Derogable Rights is found in Section * of the Bill of Rights in the South African Constitution.
Which of the following statements regarding the nature of fundamental rights is NOT correct?
Human dignity is the basis of every fundamental or human right.
The state can never take fundamental rights away from a person.
Fundamental rights are afforded to those persons who qualify for it.
Fundamental rights are natural rights because every person has it.
Case Rating: *
The statement that is NOT correct is: "The state can never take fundamental rights away from a person." Fundamental rights can be limited under certain circumstances, such as during a state of emergency, as outlined in legal frameworks like the South African Constitution.
The statement that is NOT correct is: "The state can never take fundamental rights away from a person." Fundamental rights can be limited under certain circumstances, such as during a state of emergency, as outlined in legal frameworks like the South African Constitution.
Once law has been declared unconstitutional by a court of law, who must confirm the unconstitutionality of the specific law before it has legal force?
Public Protector
President
Parliament
Constitutional Court
Case Rating: *
Once a law is declared unconstitutional by a court, the Constitutional Court must confirm the unconstitutionality for it to have legal force in South Africa.
Once a law is declared unconstitutional by a court, the Constitutional Court must confirm the unconstitutionality for it to have legal force in South Africa.
Read the following scenario and answer the question that follows:
The Eastern Cape Parliament has published legislation in which it states that fishers must in future obtain a permit in order to sell fish to tourists on the beach. The fishers are very upset and regard the legislation as contrary to the provisions of the Bill of Rights.
Which level of government is applicable in this scenario?
executive level
provincial level
local level
national level
Case Rating: *
The level of government applicable in the scenario is the provincial level, as the legislation was published by the Eastern Cape Parliament.
The level of government applicable in the scenario is the provincial level, as the legislation was published by the Eastern Cape Parliament.
Complete the following sentence by indicating the correct option:
State advocates are also known as...
public legal practitioners.
private legal practitioners.
presiding officers.
public prosecutors.
Case Rating: *
State advocates are also known as public prosecutors.
State advocates are also known as public prosecutors.
Which one of the following indicates the two types of magistrates’ courts?
district courts and regional courts
civil courts and criminal courts
courts of appeal and superior courts
lower courts and higher courts
Case Rating: *
The two types of magistrates’ courts are district courts and regional courts.
The two types of magistrates’ courts are district courts and regional courts.
Read the following statement and answer the question that follows by choosing the correct option:
In the case of Minister of Home Affairs and Another v Fourie and Another (CCT */*) [*] ZACC *, the Constitutional Court found the definition of marriage to be unconstitutional on grounds of the fundamental rights to equality and human dignity.
On which division of South African private law did the Constitution have an influence in the case of Minister of Home Affairs and Another v Fourie and Another?
family law
law of persons
constitutional law
law of civil unions
Case Rating: *
The correct answer is "family law." The case of Minister of Home Affairs and Another v Fourie and Another involved the definition of marriage, which falls under family law in South African private law.
The correct answer is "family law." The case of Minister of Home Affairs and Another v Fourie and Another involved the definition of marriage, which falls under family law in South African private law.
Read the following scenario and answer the question that follows:
Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy repeatedly with a bottle of wine over the head. Mr Reddy sustains several injuries and opens a case of assault against Mr Pillay.
Which legal dispute/disputes may arise from this incident?
Neither a criminal nor a civil case can be instituted against Mr Pillay.
A civil case can be instituted against Mr Pillay.
A criminal case can be instituted against Mr Pillay.
Both a criminal and a civil case may be instituted against Mr Pillay.
Case Rating: *
Both a criminal and a civil case may be instituted against Mr Pillay. Criminal charges could be filed for assault, while Mr Reddy can pursue a civil case for damages due to the injuries sustained.
Would you like to be connected to local lawyers who can better assist you with your case?
Both a criminal and a civil case may be instituted against Mr Pillay. Criminal charges could be filed for assault, while Mr Reddy can pursue a civil case for damages due to the injuries sustained.
Would you like to be connected to local lawyers who can better assist you with your case?
Start a new chat