Introduction to Law: LAWS1011 Tutorial Four

Please answer the following questions, and justify your answers.

1. The President of Country X dispatches one of his highly trained soldiers to place and detonate a bomb in the capital city of Country Y in order to cause civil unrest in that country. Which branch of law/s can be used to bring the President of Country X to justice?

Judiciary branch, which is responsible for application of law, they shall apply the International Law relating to this offence, it is concerned with the law concerning different states/countries of the world and the law concerning the offence in both countries and procedures for such would be contained in this branch of law

2. Avis has been accused of theft of a small portable radio from Electric Express. Which branch of law will be used to convict Avis for the crime he has committed?

Judiciary, They shall apply law stated in Legislation concerning theft as it governs how theft should be trated and will be used by the judge when convicting Avis.

3. Belinda has been married to her husband Charles for five (5) years. Belinda discovers that Charles has been having an affair with his secretary for three (3) months. Belinda wants to institute divorce proceedings against Charles. Which branch of the law may be utilized to deal with the matter?

Judiciary, will apply Trade and custom law as marriage is a longestablished practise that has acquired the force of law and there are dictates in custom about the grounds for divorce, one of which is adultery.
4. Mr. Forbes a wealthy businessman dies in a jet skiing accident whilst on holiday in Mauritius. Mr. Forbes attorney presents his will to his family upon hearing about the death of his client. Mr. Forbes wife and brother dispute the contents of the will. Which branch of the law may be used to solve the dispute between the two aggrieved parties?

The judiciary will hear the matter and apply the legislative law concerning wills to discern the different parties to which different parts of the estate are due and the executive branch of the law will then implement their ruling.

5. Adrian is thirty-eight (38) years old. He works for Anglo Platinum Mine in the Free State Province. One fateful day Adrian collapses at work and is rushed to hospital. Upon arrival at the hospital Adrian is certified dead. A post mortem reveals that Adrian died as a result of a lung infection. The post mortem results further confirm that such lung infection would have been caused by exposure to toxic, hazardous gases at Anglo Platinum Mine. Adrian does not have a valid will. In addition he has not accumulated a lot of assets except for a house. His wife wishes to institute a claim for loss of income against Anglo Platinum and for money to pay for the outstanding hospital bills that have not been paid. In addition a human rights lawyer wishes to bring awareness about the negative effects of toxic and hazardous substances that have been affecting the surrounding communities near Anglo Platinum and to ensure that Anglo Platinum
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compensates the communities. Give an outline of all the different branches of law that may be used in addressing the aforementioned issues.Thus ensure you deal with which branch of law deals with the following: the distribution of Adrians estate, the wifes claim for loss of income and hospital bills, and the human rights lawyers actions against Anglo Platinum.

The legislative branch created the law concerning administration of estates, human rights e.t.c, the judiciary branch will apply the to Adrians wife and the human rights lawyers case against Angloplatinum and the executive branch will make sure whatever the judge rules is carried out.