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What is the primary advantage of classifying the law?
Providing an overview of the different divisions or areas of law.
What are the two main divisions of law?
International law and national law.
What is international law also known as?
The law of nations or public international law.
What are the sources of international rules?
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What is the importance of S39(1) of the Constitution in relation to international law?
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What are the two types of treaties in international law?
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How is national law divided?
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What is the purpose of procedural law?
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What are the values that underlie an open and democratic society, according to the Bill of Rights?
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What must every court, tribunal, or forum consider when interpreting legislation or developing the common law or customary law?
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What is the difference between national law and international law?
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What does substantive law determine in a legal system?
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What is the purpose of procedural law in a legal system?
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Why is procedural law necessary in a legal system?
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What is the relationship between the Bill of Rights and other rights or freedoms recognized or conferred by common law, customary law, or legislation?
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What is the significance of considering foreign law when interpreting legislation or developing the common law or customary law?
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Describe the legal relationship between two parties in terms of obligations.
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What are the two subdivisions of the Law of Obligations?
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What is the main difference between contracts and delicts?
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What is governed by the Law of Intellectual Property?
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What is the main focus of Commercial Law?
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What is Private International Law concerned with?
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What are obligations, and how do they arise?
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What is the significance of the Law of Obligations?
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What is the primary function of Public Law?
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What is the nature of the relationship between the state and its subjects in Public Law?
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What is the primary focus of Private Law?
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What is the nature of the relationship between individuals in Private Law?
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What happens when someone commits a crime that harms both the community and a private person?
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Why is theft punishable under Public Law?
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What can a private person do if their interests have been harmed by someone's action?
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What is the purpose of Private Law in relation to individual interests?
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What is the primary focus of constitutional law?
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What is the significance of the Bill of Rights in constitutional law?
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What are the three branches of state authority, according to constitutional law?
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What is the primary goal of administrative law?
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What is the significance of Section 33 of the Constitution in administrative law?
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What is the purpose of criminal law?
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What is the relationship between the Promotion of Administrative Justice Act (PAJA) and Section 33 of the Constitution?
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What is the main distinction between public and private law?
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Study Notes
Classification of the Law
- Law can be classified into international law and national law.
- International law governs the relationships between independent states and is also known as public international law.
- National law refers to the law of a specific state and includes substantive law, procedural law, and supplementary disciplines.
Distinction between International Law and National Law
- International law consists of rules that govern the relationships between states.
- National law refers to the law of a specific state and is divided into substantive law, procedural law, and supplementary disciplines.
Distinction between Substantive Law and Procedural Law
- Substantive law determines the content and meaning of different legal rules, prohibits certain human acts, and determines the content and application of different legal rights.
- Procedural law regulates the enforcement of substantive law, determines how a case should proceed, and makes little sense without substantive law.
Divisions of Public Law
- Public law regulates the organization of the state, the relation between different state organs, and the relation between the state and its subjects.
- Public law includes constitutional law, administrative law, and criminal law.
- Constitutional law is concerned with the institution of the state, its organization, and the powers of the organs of state.
- Administrative law controls the administration of the state and ensures that state bodies exercise their powers lawfully and fairly.
- Criminal law states which acts are crimes and the penalties imposed by the state for committing these crimes.
Divisions of Private Law
- Private law regulates the relationship between persons and includes the law of obligations, law of property, law of intellectual property, and family law.
- The law of obligations includes contracts and delicts and deals with legal relationships between two or more parties.
- The law of intellectual property governs the relationships between persons and their intellectual property.
Commercial Law
- Commercial law includes laws important for commerce and trade, such as insurance law, tax law, company law, law of insolvency, labour law, and banking law.
Supplementary Disciplines
- Private international law regulates the relationship between two parties of different countries.
- Other supplementary disciplines include criminology, forensic science, and jurisprudence.
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Description
Understand the different classifications of law, including international law, national law, substantive law, and procedural law. Learn to distinguish between public and private law.