Podcast
Questions and Answers
What is the primary role of the judiciary in a legal system?
What is the primary role of the judiciary in a legal system?
Which of the following defines a juristic person?
Which of the following defines a juristic person?
What distinguishes civil cases from criminal cases?
What distinguishes civil cases from criminal cases?
Which of the following is NOT considered a main source of South African law?
Which of the following is NOT considered a main source of South African law?
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Which principle underlies the concept of judicial precedent in South African law?
Which principle underlies the concept of judicial precedent in South African law?
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What is the primary function of the legislature or Parliament in a government?
What is the primary function of the legislature or Parliament in a government?
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Which of the following best describes the concept of law?
Which of the following best describes the concept of law?
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What must be followed when there is a conflict between legislation and the Constitution of the Republic of South Africa, 1996?
What must be followed when there is a conflict between legislation and the Constitution of the Republic of South Africa, 1996?
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Which of the following options describes ethical or moral rules?
Which of the following options describes ethical or moral rules?
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What is the consequence of breaking a legal rule?
What is the consequence of breaking a legal rule?
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What is the main purpose of sanctioning punishment in a criminal case?
What is the main purpose of sanctioning punishment in a criminal case?
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Which of the following courts does not handle cases of divorce or adoption?
Which of the following courts does not handle cases of divorce or adoption?
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What describes the jurisdiction of inferior courts?
What describes the jurisdiction of inferior courts?
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In terms of civil claims, what is the maximum amount a District Magistrates' Court can handle?
In terms of civil claims, what is the maximum amount a District Magistrates' Court can handle?
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Which court is responsible for hearing appeals from the inferior courts and also some constitutional matters?
Which court is responsible for hearing appeals from the inferior courts and also some constitutional matters?
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What type of cases do chiefs' and headmen’s courts typically handle?
What type of cases do chiefs' and headmen’s courts typically handle?
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Which of the following statements about Regional Magistrates' Courts is true?
Which of the following statements about Regional Magistrates' Courts is true?
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What is the relationship between inferior courts and superior courts regarding judicial precedent?
What is the relationship between inferior courts and superior courts regarding judicial precedent?
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What is one of the primary advantages of the Small Claims Court system?
What is one of the primary advantages of the Small Claims Court system?
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Which of the following accurately describes the powers of a High Court?
Which of the following accurately describes the powers of a High Court?
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Study Notes
Law and the Three Arms of Government
- Law is a set of rules created by the state to regulate societal behavior, forming a social contract for order.
- Laws define required actions, prohibited actions, and what others cannot do to individuals. They outline duties, obligations, and rights.
- Legal rules differ from ethical/moral rules, which are subjective personal standards based on belief systems (often religious).
Differentiation of Governmental Roles
- Legislature/Parliament: The first arm, responsible for creating laws and holding the executive accountable.
- Executive/Cabinet: The second arm, responsible for governing, policy development, law proposal, and implementation.
- Judiciary/Courts: The third arm, upholding laws, trying cases, and administering justice.
Legal Subjects: Natural vs. Juristic Persons
- Natural persons are human beings.
- Juristic persons are artificial entities like corporations, universities, municipalities, and the state, possessing legal rights and duties.
- Juristic persons have legal status despite lacking physical existence, and have separate legal existence from their members/directors.
Legal Systems: Parliamentary Sovereignty vs. Constitutional Supremacy
- Explain the difference between a legal system based on parliamentary sovereignty and one of constitutional supremacy. (This topic is not fully detailed, so further study is needed.)
Sources of South African Law
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Legislation: The most important source (Acts/Statutes). Legislation overrides other law except the constitution.
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Constitution: The supreme law, reflecting public policy, and a separate source.
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Common Law: A collection of laws developed over time, embodying contributions from various European cultures and South African court decisions. Common law can develop in three ways: Decisions of superior courts, looking to other countries' legal systems, or adaptation by legislation.
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Case Law (Judicial Precedent): The body of law created by court decisions. Binding on lower courts in similar cases.
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Customary Law: Unwritten, fixed practices, now less important as a source of law. Specific criteria must be met (immemorial origin, reasonableness, continued practice, certainty).
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Foreign Law: South African courts may consider foreign laws in similar cases, enabling consideration of international perspectives, as specified by Section 39(1)(c) of the Constitution.
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International Law: A source of South African law, originating from treaties and international organizations.
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Trade Practices and Customs: Established methods or dealings that have become law over time.
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Academic Writings/Textbooks/Journals: Helpful sources of legal principles, not binding but persuasive.
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Indigenous Law: Governed by customary law, applying in South African courts and acknowledged by the Evidence Amendment Act (Act 45 of 1988)
Civil vs. Criminal Cases
- Civil Cases: Dispute between individuals, aiming to establish liability. Court sanctions include damages and costs.
- Criminal Cases: Dispute between a defendant and the state, aiming to prove guilt beyond reasonable doubt. Court sanctions include punishment (e.g., imprisonment).
Courts in South Africa: Inferior & Superior
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Inferior Courts: Handle less serious cases, have limited jurisdiction (geographic area, case type, and sentences). Do not establish precedent. Example are Small Claims courts, Chiefs' & headmen's Courts, and Magistrates Courts.
- Small Claims Courts: Handle civil claims under R15 000, informal proceedings, limited to natural persons.
- Chiefs' and Headmen's Courts: Handle customary law disputes, informal, limited jurisdiction, may appeal to Magistrates’ courts.
- Magistrates Courts (District & Regional): Handle various levels of criminal and civil cases, with limited jurisdiction and sentencing. Decisions are not precedent-setting.
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Superior Courts: Handle more complex and serious cases, establish precedent.
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High Courts: Provincial jurisdiction, hear criminal and civil cases, and appeal of inferior court decisions. Have Provincial and Local Divisions
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Supreme Court of Appeal: Highest court for non-constitutional matters, hears appeals from High Courts. Has limited constitutional jurisdiction.
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Constitutional Court: Highest court, interprets, protects, and enforces the Constitution.
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Special Courts: e.g., Labour Court, Income Tax Special Court, Water Court, hear specialized cases.
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Court Judgments: Ratio Decidendi
- Ratio decidendi: The reasoning behind a court's decision.
- The legal principle that forms the binding precedent.
Divisions of South African Law
- Public Law: Governs relationships between the government and citizens.
- Private Law (Civil Law): Governs relationships between private individuals.
- Procedural Law: Describes how legal rules are enforced.
Civil Procedure: Trial vs. Application
- Trial Procedure: Used when there are disputes over facts and where parties present evidence and testimony.
- Application Procedure: Used when significant facts are not contested, for quicker and less expensive resolutions.
Application Procedures: Appeals & Reviews
- Appeal: Higher court reviews a lower court's decision, questioning its legal correctness.
- Review: Higher court reviews the lower court's proceedings, ensuring procedural fairness and legality.
Statutory Interpretation
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Interpreting Statutes: Determining the purpose, application, and intent of legislation.
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Literal Approach (Text-Based): Giving words their ordinary meaning.
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Functional Approach: Considering the statute's purpose and function.
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Historical Approach: Examining the historical context of the law.
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Purposive Approach: Considering context and environment.
Constitution's Impact on Statutory Interpretation
- Courts use internal and external aids, such as a statute's title, date, preamble, definitions, purpose, and application sections, to interpret legislation. The Constitution significantly influences approaches to statutory interpretation.
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Description
This quiz explores the foundational concepts of law and the three branches of government: legislature, executive, and judiciary. It examines the distinctions between natural and juristic persons and the essential roles each branch plays in society. Test your understanding of legal frameworks and governmental functions.
