18 Questions
What is the purpose of punishing a person who commits a crime?
To maintain public order and uphold the interest of the community.
Explain the main components of Constitutional Law.
Judiciary, Legislature, and Executive.
What does Administrative Law regulate?
How the state may and should function, and how executives should exercise their powers reasonably.
Define Criminal Law.
The branch of law that determines criminal offenses and their punishment to maintain public order.
What is the role of the National Prosecuting Authority (NPA) in the legal system?
To institute criminal proceedings on behalf of the state.
List some possible sentences for a criminal offense like common assault.
Fine, direct imprisonment up to 3 years, suspended sentence, caution and discharge.
What is the main aim of the Law of Criminal Procedure?
To regulate and prescribe how accused persons who alleged committed criminal offences should be prosecuted.
What burden of proof does the state have to meet in criminal cases?
The state has to prove beyond reasonable doubt that the accused person committed the offense.
Describe the role of the National Prosecuting Authority in criminal cases.
The National Prosecuting Authority prosecutes the accused persons on behalf of the state.
What factors does the Court consider when giving out a sentence in a criminal case?
The sentence aims to punish, deter, reform, and seek retribution.
What is the main objective of the Law of Civil Procedure?
To regulate and prescribe the procedure when a person wishes to enforce their rights against others.
What burden of proof applies in civil cases according to the Law of Civil Procedure?
The onus rests on the person who alleges to prove their case on the balance of probability.
What is the importance of classifying the South African Law?
Classification of the law provides a broad overview of various divisions and areas of the law in a certain jurisdiction. It shows how the law fits together and functions.
Differentiate between national law and international law.
National law applies within the borders of a specific country, while international law governs relationships between different countries or nations.
Explain the distinction between substantive law and adjective law.
Substantive law defines rights and duties, while adjective law outlines the procedures used to enforce those rights and duties.
What is the difference between private law and public law?
Private law governs relationships between individuals, while public law deals with the relationship between individuals and the state.
Define commercial law and explain supplementary disciplines.
Commercial law regulates business and commercial transactions. Supplementary disciplines include areas like contract law, company law, and intellectual property law.
Why is the classification of law important?
The classification of law provides a systematic way to organize and understand the different branches and areas of law. It shows how the legal system functions as a coherent structure.
Study Notes
Law of Criminal Procedure
- Regulates and prescribes how accused persons who allegedly committed criminal offenses (e.g. assault, culpable homicide, and murder) should be prosecuted.
- The state (National Prosecuting Authority) prosecutes the accused persons and punishes them for committing criminal offenses.
- The state must prove beyond reasonable doubt that the accused person committed the offense.
- When the accused person is found guilty, the Court will give out a sentence that aims to punish, deter, reform, and provide retribution.
Law of Civil Procedure
- Regulates and prescribes the procedure when a person wishes to enforce their rights against others.
- Prescribes how an Applicant should make a civil application against the Respondent or how a Plaintiff should institute a civil action against the Defendant.
- Aims to enforce rights between legal subjects.
- The onus rests on the person who alleges to prove their case on the balance of probability.
Introduction to Law
- Classification of law is important as it provides a broad overview of various divisions and areas of the law in a certain jurisdiction.
- It shows how the law fits together and functions.
Classification of South African Law
- Divisions of law include:
- National law
- International law
- Substantive law
- Adjective law
- Private law
- Public law
- Procedural law
Public Law Divisions
- Constitutional law:
- Determines the nature of the state, its organs or bodies, and the relationship between different bodies of the state.
- Divides the authority of the state into three branches: The Judiciary, The Legislature, and The Executive.
- The Constitution of the Republic of South Africa is a key document.
- Administrative law:
- Regulates how the state may and should function, and how executives should exercise their powers reasonably.
- Enshrined in the Promotion of Administrative Justice Act 3 of 2000 (PAJA).
- Controls the administration of the state in general.
- Criminal law:
- Determines which acts amount to criminal offenses.
- Dictates how criminal offenses must be punished in order to maintain public order.
- A criminal act is an act that is against the law.
Private Law Divisions
- Law of persons:
- Deals with the rights and duties of individuals.
- Law of family:
- Deals with the legal relationships between family members.
- Law of personality:
- Deals with the rights and duties of individuals related to their personality.
- Indigenous customary law:
- Deals with the laws and customs of indigenous communities.
- Other divisions of private law include commercial law, and supplementary disciplines.
Test your knowledge on different divisions of law and related concepts such as constitutional law, administrative law, and criminal law. Learn about the authority branches of the state and their roles in the legal system.
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