Introduction to Law and Governance

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Questions and Answers

Which court primarily hears non-constitutional civil or criminal appeals in South Africa?

  • Constitutional Court
  • High Court
  • Supreme Court of Appeal (correct)
  • Special Courts

What is the main difference between a trial procedure and an application procedure?

  • Application procedures are always more expensive than trial procedures.
  • Trial procedures cannot involve legal representation, while application procedures can.
  • Trial procedures involve oral witness testimony, while application procedures rely on written affidavits. (correct)
  • Application procedures require a jury, while trial procedures do not.

What does 'ratio decidendi' refer to in a court judgment?

  • The dissenting opinion in a judgment
  • The legal principle that binds future court decisions (correct)
  • The summary of the case facts presented in court
  • The final ruling given by the court without explanation

Which of the following is NOT a characteristic of the Constitutional Court in South Africa?

<p>It is the only court to hear non-constitutional cases. (B)</p> Signup and view all the answers

What governs the relationships between the government and its citizens under South African law?

<p>Public Law (A)</p> Signup and view all the answers

What are the primary functions of the legislature in a government?

<p>Make laws and hold the government accountable (C)</p> Signup and view all the answers

Which statement correctly defines the Constitution of the Republic of South Africa in relation to other laws?

<p>It is the supreme source of law that all other laws must adhere to (C)</p> Signup and view all the answers

What distinguishes legal rules from ethical rules?

<p>Legal rules are objective and enforced by the state, while ethical rules are subjective and personal (D)</p> Signup and view all the answers

What happens if there is a conflict between two sources of law?

<p>Legislation must be followed unless constitutional issues arise (D)</p> Signup and view all the answers

What is a key characteristic of the Cabinet or Executive in a government?

<p>It includes the president, deputy president, and ministers of state departments (A)</p> Signup and view all the answers

Which of the following best describes the role of the judiciary in a country?

<p>To uphold the law and administer justice. (B)</p> Signup and view all the answers

What distinguishes a juristic person from a natural person?

<p>Juristic persons are recognized as having rights and duties under the law. (B)</p> Signup and view all the answers

In South African law, which of the following is not considered a source of law?

<p>Personal beliefs of individuals (D)</p> Signup and view all the answers

Which principle explains the concept that lower courts must follow the decisions made by higher courts?

<p>Stare Decisis (D)</p> Signup and view all the answers

Which of the following characteristics is essential for a custom to qualify as law?

<p>It must have been established over time and considered reasonable. (B)</p> Signup and view all the answers

What is the primary difference between civil and criminal cases?

<p>Civil cases involve private disputes, while criminal cases involve offenses against the state. (B)</p> Signup and view all the answers

Which of the following is a key component of common law development?

<p>Legislative removal or adaptation of existing common law. (C)</p> Signup and view all the answers

What distinguishes the jurisdiction of inferior courts from superior courts?

<p>Inferior courts handle less serious cases. (B)</p> Signup and view all the answers

Which statement accurately reflects the maximum jurisdiction of District Magistrates’ Courts?

<p>They can hear civil claims of up to R200 000. (D)</p> Signup and view all the answers

Which type of court can deal with customary law cases?

<p>Chiefs’ and headmen’s courts (B)</p> Signup and view all the answers

What is the primary role of superior courts in the court hierarchy?

<p>To create judicial precedents. (B)</p> Signup and view all the answers

Which of the following cases cannot be adjudicated by a District Magistrates’ Court?

<p>Divorce cases. (D)</p> Signup and view all the answers

What is a characteristic of Small Claims Courts?

<p>The procedure in these courts is informal. (A)</p> Signup and view all the answers

What is the maximum sentence a District Magistrates’ Court can impose for a single offence?

<p>Three years' imprisonment. (A)</p> Signup and view all the answers

What jurisdictional limit does a Regional Magistrates’ Court have?

<p>They can issue a maximum sentence of life imprisonment. (A)</p> Signup and view all the answers

Which courts must follow the precedent set by the Constitutional Court?

<p>All inferior courts. (D)</p> Signup and view all the answers

Which statement is true regarding the appeals process within the court system?

<p>High Courts review decisions from inferior courts. (C)</p> Signup and view all the answers

Flashcards

What is the law?

A set of rules established by the state to regulate behavior within a society. These rules are part of a social contract that members agree to uphold to maintain order.

What are the roles of laws?

Laws define what actions are required, prohibited, and what others are not permitted to do to you, outlining your duties, obligations, and rights.

What are legal rules?

Rules that are enforced by the state, and breaking them can result in penalties such as fines or imprisonment. These rules are universally applicable to all members of society.

What are ethical rules?

Personal standards of behavior that define right and wrong based on individual beliefs systems. They are generally shaped by one's religious or cultural background.

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What is the Legislature (Parliament)?

The first branch of government responsible for creating and enacting laws. This branch also monitors the executive branch to ensure accountability.

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What is a juristic person?

A legal person is an entity that has legal rights and responsibilities, despite not being a human being. Examples include companies, universities, municipalities, and the state.

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What is stare decisis?

The principle of stare decisis means that courts are bound by previous decisions made by higher courts in similar cases. This helps ensure legal consistency and fairness.

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What's the supreme law of South Africa?

The Constitution of the Republic of South Africa, 1996 is the supreme law of the country, meaning all other laws must comply with it.

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What is common law?

Common law is a body of legal principles developed over time through court decisions and European influences. It acts as a base for South African law.

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What is customary law?

Customary law is based on long-standing practices followed by communities. To be recognized as law, it must be longstanding, reasonable, consistent, and clear.

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What is a civil case?

Cases between individuals, where one party claims the other caused them harm, and seeks compensation.

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What is a criminal case?

Cases brought by the state against individuals accused of breaking the law.

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Jurisdiction

The range of matters that a court has authority to hear. It defines the type of case, geographical area, and maximum sentence or claim value a court can handle.

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Inferior Courts

Courts that handle less serious cases, with smaller geographic jurisdiction and no power to set legal precedents.

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Superior Courts

Courts that establish legal precedents, with broader jurisdiction and handle more serious cases.

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Small Claims Courts

Courts that hear civil matters involving claims of R15 000 or less, with informal procedures and no lawyers representing litigants.

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Chiefs' and Headmen's Courts

Courts that handle customary law cases, heard by chiefs or headmen, with informal procedures and no lawyers representing litigants.

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Magistrates' Courts

Courts that handle criminal and civil cases, with two levels: District and Regional, each with limited jurisdiction based on geographical area, case type, and maximum sentence or claim value.

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Regional Magistrates' Courts

The highest level of Magistrates' Courts, with jurisdiction over larger regions and a higher limit on the value of claims they can hear.

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Regional Magistrates' Courts

The highest level of inferior courts, with jurisdiction over all criminal cases except treason and the power to impose life imprisonment or a fine.

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High Courts

The most important courts in the South African legal system, with the power to set legal precedents, and jurisdiction over provinces.

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Constitutional Court

The highest court in South Africa, with the power to hear constitutional matters and review decisions of other courts.

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Ratio decidendi

The reason or rationale for the decision. It is the part of a judgement that binds future court decisions and establishes a legal principle.

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Judicial precedent

A court's decision in an earlier case that is used as a precedent or basis for future rulings in similar cases.

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Special courts

Special courts are at the same level in the court hierarchy as the High Courts and have their own judicial precedent. They focus on specialized areas of law.

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Supreme Court of Appeal

The highest court in South Africa dealing with non-constitutional matters. Its main function is to hear appeals from lower courts.

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Study Notes

Law Explained

  • Law is a set of rules created by the state, governing societal behavior.
  • It's part of a social contract, promoting societal order.
  • Laws define actions: what's required, forbidden, or prohibited against individuals.
  • These rules outline duties, obligations, and rights.
  • Legal rules (laws) are mandatory for all; violations lead to state action (e.g., fines, imprisonment).
  • Ethical or moral rules are personal standards based on belief systems, usually religious.

Branches of Government

  • Legislature (Parliament): The primary law-making body.
  • Makes laws, holds the executive accountable, and monitors government actions.
  • Executive (Cabinet): Implements laws, proposes new laws, and develops policies.
  • Comprises the president, deputy president, and ministers.
  • Judiciary (Courts): Upholds the law, handles case trials, and ensures justice.
  • Natural persons: Human beings.
  • Juristic persons: Artificial entities like companies, universities, municipalities, and the state.
  • They possess legal rights and duties, despite their non-physical existence.
  • Companies have a separate legal existence from their directors and members.
  • Parliamentary sovereignty: Parliament's laws are supreme.
  • Constitutional supremacy: The constitution is the highest law, all laws must adhere.

Sources of South African Law

  • Legislation: Laws passed by the national Parliament (Acts/Statutes).
  • Constitutional law: South African Constitution (supreme).
  • Common law: Law evolving through court decisions.
  • Customary law: Unwritten traditions, practices legally recognized.
  • Judicial precedent: Decisions of higher courts binding on lower courts.
  • Foreign law: Considered by South African courts.
  • International law: Derived from agreements and global organizations.
  • Trade practices/customs: Established methods and dealings become law.
  • Academic writings: Respectful legal articles and textbooks.
  • Indigenous law: Customary law practised by black communities.

Civil vs Criminal Cases

  • Civil cases: Disputes between individuals, seeking compensation or remedies.
  • Criminal cases: State prosecution against an individual accused of a crime, seeking punishment.

Courts

  • Jurisdiction: A court's authority to hear specific cases (geographical, subject matter, sentence).
  • Superior Courts: High Courts, Supreme Court of Appeal, Constitutional Court.
  • Inferior Courts: District Magistrates' Courts, Regional Magistrates' Courts, Small Claims Courts.
  • Superior Courts Create Precedent: Only superior courts create precedents binding on lower courts.
  • Inferior Courts Follow Precedent: Inferior courts are bound by superior court decisions.

Court Decisions

  • Ratio decidendi: The legal principle behind a court's decision, binding on future decisions.
  • Obiter dicta: Comments by the judge not directly part of the ratio, not binding.

Divisions of South African Law

  • Public law: Government and its citizens (constitutional, administrative law).
  • Private law (civil law): Relationships between people (contract, property law).
  • Procedural law: How legal rules are implemented and enforced.

Civil Procedure

  • Trial procedure: Disputes over facts and actions, witness testimony, and examination of evidence.
  • Application Procedure: Cases decided on written documents (affidavits) without witness testimony when no real fact dispute exists.

Application Procedures

  • Appeal: Challenging a lower court's legal decision.
  • Review: Questioning a lower court's procedural fairness.

Statutory Interpretation

  • Interpreting Statutes: Determining the purpose and application of laws.
  • Literal approach (text-based): Ordinary meaning of the words in the statute.
  • Functional approach: Considering the statute's purpose and function.
  • Historical approach: Examining law's historical context (precursors)
  • Purposive approach (contextual): Considering broader context, social and policy implications
  • Constitutional Considerations: Courts interpret statutes by considering existing constitutional law.

Statutory Aids

  • Internal Aids: Information from the statute itself (title, definitions, purpose)
  • External Aids: Info outside the statute (historical context, social background)

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