Module: Legal Writing Skills

Module code: HLWS 130-1

Date: 31 March 2023

Formative Assessment 1
Contents
QUESTION 1 ............................................................................................................. 3
QUESTION 2 ............................................................................................................. 3
QUESTION 3 ............................................................................................................. 4
QUESTION 4 ............................................................................................................. 5
QUESTION 5 ............................................................................................................. 7
QUESTION 6 ............................................................................................................. 7
QUESTION 7 ............................................................................................................. 8
QUESTION 8 ............................................................................................................. 9
QUESTION 9 ........................................................................................................... 12
BIBLIOGRAPHY ...................................................................................................... 14
QUESTION 1
1.1. interpretation

1.2. accountability

1.3. simultaneously

1.4. unique

1.5. sovereignty

1.6. procedure

QUESTION 2
2.1. lower court

2.2. court of appeal

2.3. high court

2.4.for the

2.5. in the

2.6. following

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QUESTION 3
3.1 Invention

3.2 Invent

3.3 Characteristically

3.4 Characterize

3.5 Strength

3.6 Competitively

3.7 Compete

3.8 Justice

3.9 Justify

3.10 Argumentative

3.11 Decision

3.12 Decide

3.13 Analysis

3.14 Analyze

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QUESTION 4
The instructions of multiple choice (MC) questions inform one on how and where to
answer (Van der Walt & Nienaber, 2022). The most important point is to add the
name and student number to the answer sheet, depending on whether it is on paper
or a computer test. Make sure that to write or type the student number correctly (Van
der Walt & Nienaber, 2022). The second most important point is to read the
instructions carefully to know whether to cross, circle, tick, type or punch out the
correct answer (Van der Walt & Nienaber, 2022).

Some MC items are of the type in which a question is asked (the stem of the item)
and four or five different answers given (the alternatives) (Van der Walt & Nienaber,
2022). Others have an incomplete sentence (the stem) and four different
completions (the alternative) (Van der Walt & Nienaber, 2022). It is important to read
the stem with each alternative, especially when dealing with the sentence-completion
type (Van der Walt & Nienaber, 2022).

MC questions can be aimed at different levels of understanding and include both the
basic knowledge of facts to highly complex reasoning skills (Van der Walt &
Nienaber, 2022).

Two types of Questions

QUESTION A QUESTION B
Knowledge of the facts of a case is Understanding the case and theoretical
required. implications is required.

Success depends on effective Success depends on effective

memorisation. memorisation and logical reasoning.

There is less to read, therefore less time There is much to read and think about,
for answering is needed in the test. therefore much more time must be
allowed for answering in a test.
(Van der Walt & Nienaber, 2022) (Van der Walt & Nienaber, 2022)

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If one prepared for the factual knowledge type of question (as in question A) and
received the other (question B), the likelihood is that the test will be failed. It is of
crucial importance to find out what type of questions will be asked (Van der Walt &
Nienaber, 2022).

Allow enough time for MC questions. Do not assume it will be done quickly like in the
last 10 minutes of the test (Van der Walt & Nienaber, 2022). If it seems like short
questions, allow at least 1 minute per question (Van der Walt & Nienaber, 2022).

If a test consists of longer (paragraph-type) and MC questions, try to finish questions

that require more writing first (Van der Walt & Nienaber, 2022).If one starts on the
MC questions and run out of time, only 5 or 6 marks will be lost (Van der Walt &
Nienaber, 2022). If one starts on the MC questions first and leave out longer
questions because time ran out, 20 or more marks might be lost (Van der Walt &
Nienaber, 2022).

Some lecturers who might not be expert at setting MC questions give away the
correct answer by making it the longest or shortest answer – This will be lucky if it
happens (Van der Walt & Nienaber, 2022).

If one must answer on a card or an answer sheet, make one hundred percent certain
that you circle or put a cross or punch a hole next to the correct number (Van der
Walt & Nienaber, 2022). It is very easy to skip a number and then put the answer for
question 7 next to number , etc. Use a ruler and check before putting pen to paper
(Van der Walt & Nienaber, 2022).

Do not guess all the answers! Only for answers that one is really unsure of, but not
all of them. It is best to study everything and be able to answer everything (Van der
Walt & Nienaber, 2022).

Practice makes perfect. Try to take as many example MC test questions as possible.

Read the question twice or another time before answering.

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QUESTION 5
5.1 went

5.2 doing

5.3 were

5.4 saw

5.5 bought

5.6 was

QUESTION 6
6.1 Martin would’ve loved to go fishing with us.

6.2 Who’s going to Chad’s party?

6.3 We were so overwhelmed, we couldn’t even finish the food.

6.4 Lyne can’t possibly come with us tonight because she is preoccupied with work.

6.5 Tumelo won’t pay back the money.

6.6 Salie shouldn’t have eaten that cupcake because he is allergic to nuts.

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QUESTION 7
Tips for understanding complex sentences:

➢ Read the sentence twice if you have difficulty understanding it (Van der Walt &
Nienaber, 2022).
➢ Try the technique of thinking appoint the global meaning of the sentence:
• What are the main points?
• What other information is important?
(Van der Walt & Nienaber, 2022)

➢ Divide the sentence into shorter phrases. Study each phrase:

• for content -what information does the phrase give to you?
• for function-what is its relation or connection to the sentence?
(Van der Walt & Nienaber, 2022)

➢ Divide the sentence into the subject and object, add the conditions of the
sentence (Van der Walt & Nienaber, 2022).
➢ Understand complex sentences is formed by adding one or more dependent
clauses to the independent clause using conjunctions and or relative pronouns
(Unknown, 2023).
➢ Understand that relative pronouns (that, which, who, whose), conjunctions
(while, because, although, as, when) and verb structures join the clauses to
make the complex sentences (Unknown, 2023).
➢ It is important to practice identifying simple, compound, and complex sentences
(Unknown, 2023)
➢ Remember that all sentences need a verb or a verb clause. Searching for the
verb clause first makes understanding of the sentence easier.
➢ The more one engages with the complex sentences, the easier it becomes to
understand. So read, read, read! Practice, practice, practice!
➢ It is important to search the definitions of wording within the sentence that you
are unfamiliar with.
➢ Asking for assistance is the best way to learn. So do not be shy to ask for help
from a lecturer, a senior in the profession or a student who have graduated
from the same course. Asking is the same as doing research online or via
textbooks.

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QUESTION 8
As a research assistant, Tamera will need to be able to locate all the different
sources in the Library at the University of the Western Cape. This will include the
location of books, cases, legislation, and journal articles.

In order to locate a book in the library she should have the one or two of the
following detail: The initials and surname of the author; a main word in the title of the
book; the full title of the book, and the author’s surname (Van der Walt & Nienaber,
2022). The library will have a system on how to locate books. Libraries can follow a
system, usually an electronic system is used nowadays, to search for a book by
using the title of the book and the surname of the author (Van der Walt & Nienaber,
2022). Having both requirements make the process much easier (Van der Walt &
Nienaber, 2022).

The location of finding South African cases will need a similar approach to finding
books. Tamera will need to know the name or heading of the case and in which year
it was reported (Van der Walt & Nienaber, 2022). Usually reported cases are
published together in one volume, every three months (Van der Walt & Nienaber,
2022). There is a reference within the heading of the case to the year and the
quarter in which it was published (Van der Walt & Nienaber, 2022). Each volume of
cases has an index in which cases are listed alphabetically so to the heading of the
case (Van der Walt & Nienaber, 2022). This means that the name of the first party in
the heading will be listed in alphabetical order in the index (Van der Walt & Nienaber,
2022). South African cases before 1947 will need information regarding the province
in which the then South African Union the case was decided (Van der Walt &
Nienaber, 2022).

Legislation is shelved differently in different libraries. It can be collected from the

legislation which is published in the public Government gazette of a specific year and
at the end of the year everything can be bind together in a volume with the relevant
year on the back (Van der Walt & Nienaber, 2022). Thus, the year in which the
statue was promulgated will be required to locate it (Van der Walt & Nienaber, 2022).
Statues can also be collected in loose-leaf format and kept in files from which it can
be removed or replaced (Van der Walt & Nienaber, 2022). The first volume of would
contain a chronological stable of statues which is followed by an alphabetical index

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of the titles of the acts (Van der Walt & Nienaber, 2022). The acts will thereafter be
grouped together according to the specific areas of the law which they are relevant
to (Van der Walt & Nienaber, 2022). The subjects are indicated in the first volume of
the alphabetical index of the first volume (Van der Walt & Nienaber, 2022).

Journal articles can be found in the library. The name of the author and the title of
the article is important; however, it is not necessary to know the precise details
thereof (Van der Walt & Nienaber, 2022). Some journals include an index of all the
articles published in a specific year in the last issue of that year, so by indicating the
year, the article can be located (Van der Walt & Nienaber, 2022). However, this does
not apply to all articles (Van der Walt & Nienaber, 2022). Within law textbooks
references to journals are often to abbreviations of the titles. For example, SAJHR-
South African Journal of Human Rights (Van der Walt & Nienaber, 2022).

For more information in the library Tamera will have to know the information sources
of a microfiche, a CD-ROM system, and the Internet (Van der Walt & Nienaber,
2022). She will need to familiarize herself with these three sources and how to
operate on them (Van der Walt & Nienaber, 2022).

Microfiche is a small card that contains a great amount of information which is

reduced to fit onto this card (Van der Walt & Nienaber, 2022). The information is
retrieved by placing it under an “eye” that enlarges it on a screen for reading (Van
der Walt & Nienaber, 2022). The information stored on this is usually newspaper
articles, academic thesis documents and dissertations (Van der Walt & Nienaber,
2022).

CD-ROM (Compact Disk Read-Only Memory) is used to store mass information on

discs (Van der Walt & Nienaber, 2022). This operated on a turntable and the
information is displayed on the computer screen (Van der Walt & Nienaber, 2022).
Juta is a South African publishing firm which have transferred all South African cases
and legislation onto CD-ROM, known as Judastat (Van der Walt & Nienaber, 2022).

The internet is the richest source of information. Specific sites can be used to find
cases of the Supreme Court of Appeal, the Constitutional Court, and the Land
Claims Court from 1994 onwards (Van der Walt & Nienaber, 2022). The newest and
latest decisions appear on the internet before it is printed (Van der Walt & Nienaber,
2022). Every tertiary institution like the University of the Western Cape, is subscribed

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to electronic academic journals and notice of how to access these should be made
(Van der Walt & Nienaber, 2022). Useful websites for court decisions should also be
known (Van der Walt & Nienaber, 2022).

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QUESTION 9
The problem-type questions should be approached in the following way:

• Problem-type questions are asked in the format of a presentation with a long set
of facts, and you need to decide on a course of action (Van der Walt & Nienaber,
2022).
• Read the question as carefully as you can. Make sure you understand the
problem and what is being asked (Van der Walt & Nienaber, 2022).
• Select the essential facts from those given in the question (Van der Walt &
Nienaber, 2022).
• Remember with which subject you are dealing: the lecturer might include non-
essential facts from other areas of the law and might add irrelevant detail (This is
a tactic to overload you with information) (Van der Walt & Nienaber, 2022).
• Once the essential facts have been selected, it will be possible to identify the key
issue or legal question being asked. (Van der Walt & Nienaber, 2022).
• PLAN! PLAN! PLAN!
• Plan your answer with the following detail:
I. The legal question raised by these facts (Van der Walt & Nienaber, 2022)
II. The legal position on this question, consisting of the general principles and
specific legal rules, exceptions to the general legal rule, and any authority in
the form of cases on the issue. Mention any other considerations that need to
be considered (Van der Walt & Nienaber, 2022)
III. The application of the legal position to the facts (Van der Walt & Nienaber,
2022)
IV. The conclusion (Van der Walt & Nienaber, 2022).
At this stage you are ready to answer the question (Van der Walt & Nienaber,
2022).
• It is important to correctly use tenses when answering problem-type questions
(Van der Walt & Nienaber, 2022).
• Make sure you reference the information that you used from other sources. It is
illegal to use somebody else’s ideas and pose it as your own. Plagiarism is a
criminal offense.
• You should attempt to find the most relevant rules, principles, and cases to
support your advice or opinion (Van der Walt & Nienaber, 2022).

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• Make sure to ask for assistance when answering problem-type questions. Never
be shy to ask for help from a lecturer, senior person in the field or a previous
graduate of the same course. They can give valuable tips on how to face these
challenges.
• Even the most esteemed and well-spoken lawyer started off as a first year. It is
important to take a breath and remember that efforts produce results. Work daily
on bettering your understanding of problem-type questions. Practice makes
perfect.
• Make sure to go back to the problem-question, read it and read the answer you
have provided. Evaluate whether you have answered correctly. Look at the mark
allocation and compare if you have enough key facts mentioned.

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BIBLIOGRAPHY
Unknown, 2023. NSW Government website - Education. [Online]
Available at: https://education.nsw.gov.au/teaching-and-learning/student-
assessment/smart-teaching-strategies/literacy/writing/stage-3/sentence-
structure/writing-complex-sentences
[Accessed 29 March 2023].
Van der Walt, C. & Nienaber, A., 2022. English for Law Students. Third ed. Cape
Town: Juta and Company (Pty) Ltd.

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