40 Questions
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?
International treaties or conventions.
What is the importance of S39(1) of the Constitution in relation to international law?
It is related to the interpretation of the Bill of Rights.
What are the two types of treaties in international law?
Bi-lateral (between two States) and multi-lateral (between several States).
How is national law divided?
Into substantive law, procedural law, and supplementary disciplines.
What is the purpose of procedural law?
It deals with the rules of process and procedure.
What are the values that underlie an open and democratic society, according to the Bill of Rights?
Human dignity, equality, and freedom.
What must every court, tribunal, or forum consider when interpreting legislation or developing the common law or customary law?
The spirit, purport, and objects of the Bill of Rights.
What is the difference between national law and international law?
National law refers to the domestic law of a specific state, while international law refers to laws that apply across countries.
What does substantive law determine in a legal system?
The content and meaning of different legal rules, including the elements of a crime or delict, and the content and application of different legal rights.
What is the purpose of procedural law in a legal system?
To regulate the enforcement of substantive law and determine the process to be followed when a legal rule has been violated.
Why is procedural law necessary in a legal system?
Without procedure, people would rely on force when legal rules are violated, and disputes would not be settled in an orderly and peaceful manner.
What is the relationship between the Bill of Rights and other rights or freedoms recognized or conferred by common law, customary law, or legislation?
The Bill of Rights does not deny the existence of other rights or freedoms, as long as they are consistent with the Bill.
What is the significance of considering foreign law when interpreting legislation or developing the common law or customary law?
It may be considered, but it is not a requirement.
Describe the legal relationship between two parties in terms of obligations.
One party has a right against another party for performance, and the other party has a corresponding duty to perform.
What are the two subdivisions of the Law of Obligations?
Contracts and Delicts
What is the main difference between contracts and delicts?
In contracts, the obligation arises from an agreement, whereas in delicts, there is no agreement.
What is governed by the Law of Intellectual Property?
The relationships between persons and their intellectual property.
What is the main focus of Commercial Law?
Commerce and trade
What is Private International Law concerned with?
The regulation of relationships between parties from different countries.
What are obligations, and how do they arise?
Obligations are legal relationships between parties, arising from agreement, delict, or unjustified enrichment.
What is the significance of the Law of Obligations?
It governs the rights and duties of parties in contractual and delictual relationships.
What is the primary function of Public Law?
To determine the extent of state authority and regulate the organisation of state, the relation between different state organs and the relation between the state and its subjects.
What is the nature of the relationship between the state and its subjects in Public Law?
Vertical and unequal.
What is the primary focus of Private Law?
Regulating the relationship between individuals.
What is the nature of the relationship between individuals in Private Law?
Horizontal and equal (although there may be reservations).
What happens when someone commits a crime that harms both the community and a private person?
The act becomes the concern of both Public Law and Private Law.
Why is theft punishable under Public Law?
Because it is not in the public interest.
What can a private person do if their interests have been harmed by someone's action?
They can seek a private-law remedy, such as claiming compensation for damages.
What is the purpose of Private Law in relation to individual interests?
To ensure that individual interests are protected.
What is the primary focus of constitutional law?
The institution of the state, its organisation, and the powers of the organs of state.
What is the significance of the Bill of Rights in constitutional law?
It determines the nature of the state and the relationship between different bodies of the state.
What are the three branches of state authority, according to constitutional law?
The Legislature, Judiciary, and Executive.
What is the primary goal of administrative law?
To ensure that state bodies and ministers exercise their powers in a lawful, reasonable, and fair manner.
What is the significance of Section 33 of the Constitution in administrative law?
It guarantees the right to just administrative action that is lawful, reasonable, and fair.
What is the purpose of criminal law?
To define crimes and impose penalties for their commission.
What is the relationship between the Promotion of Administrative Justice Act (PAJA) and Section 33 of the Constitution?
PAJA gives effect to Section 33, which guarantees the right to just administrative action.
What is the main distinction between public and private law?
Public law concerns the state and its institutions, while private law deals with relationships between individuals.
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.
Understand the different classifications of law, including international law, national law, substantive law, and procedural law. Learn to distinguish between public and private law.
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