Questions and Answers
What is the maximum claim amount that can be brought to the Small Claims Court?
Who is the presiding officer in the Small Claims Court?
Which of the following statements about the appeal process in the Small Claims Court is correct?
Which type of court is NOT considered a specialized court created by statute?
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What is the role of the Sheriff in the context of court operations?
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Under the doctrine of precedent, what must lower courts do when a higher court establishes a legal principle?
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What does the term 'ratio decidendi' refer to in a court ruling?
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Which of the following courts is responsible for family-related legal issues?
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What is the primary role of a court in relation to judicial precedent?
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Which of the following is NOT a requirement for customs to be recognized as unwritten legal rules?
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Under what condition can customary law be enforced in court in South Africa?
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Which legal system has NOT influenced common law development?
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Which statement accurately reflects the doctrine of judicial precedent?
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What is the effect of a court abolishing an existing legal rule, as demonstrated in the case Green v Fitzgerald?
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Which of these describes the role of foreign law in South African legal context?
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What does the term 'spirit, purport and objects of the bill of rights' refer to in a court's interpretation of legislation?
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What is the primary role of the ratio decidendi in legal precedents?
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Which of the following courts is bound by its own decisions and that of the Constitutional Court?
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In a situation where two high courts provide conflicting interpretations, which principle dictates which decision a lower court must follow?
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Which court is bound by the decisions of both the Supreme Court of Appeal and the Constitutional Court?
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What type of legal reasoning does an obiter dictum represent in a court ruling?
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If the South Gauteng High Court interprets a term in the Consumer Protection Act, would the Western Cape High Court be bound by this interpretation?
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Which of the following statements about lower courts is correct?
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In the hierarchy of courts, which court is only influenced by its own decisions or those of the Constitutional Court?
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Study Notes
Doctrine of Precedent
- Ratio decidendi creates binding precedents; obiter dictum is non-binding but persuasive.
- Lower courts must follow higher court decisions; deviation allowed only if a previous decision is believed to be incorrect.
- South African Supreme Court of Appeal (SCA) bound by its own decisions and those of the Constitutional Court (CC).
- High courts are bound by the decisions of the CC, SCA, and other High Courts within the same jurisdiction.
- A single judge in a High Court is also bound by decisions from the CC and SCA, including full bench decisions.
- Lower courts are bound by higher court decisions via the principle of stare decisis.
Interpretation of Statutes
- Necessary to determine the meaning of legislation.
Small Claims Court
- A specialized court handling civil claims, capped at R15,000.
- Only natural persons can bring claims; legal representation is prohibited.
- The presiding officer is termed a commissioner, and there is no appeal process—only reviewable by the High Court.
Other Courts
- Various specialized courts established by statute, including:
- Labour Courts
- Land Claims Court
- Tax Appeal Court
- Equality Courts
- Regional Divorce Courts
- Water Tribunal
- Family Court
- Magistrates’ Courts
- Maintenance Court
- Juvenile and Children's Court
Officers of the Courts
- Registrar of the High Court/Clerk of the Magistrate’s Court: Handles processes, case enrollments, orders, and records.
- Sheriff: Responsible for serving processes and executing court judgments.
- Master of the High Court: Administers deceased and insolvent estates, liquidation of companies, and matters involving individuals under legal disability.
- Legal practitioners include advocates and attorneys (notaries and conveyancers).
Key Legal Terms
- Stare Decisis: Doctrine mandating judges to follow established precedents in similar cases.
- Ratio Decidendi: The reasoning behind a court's judgment that creates binding precedent.
- Obiter Dictum: Non-binding remarks or opinions given by a judge that may influence future decisions.
Sources of Law
- Common Law: Developed through historical legal systems like Roman law, Roman-Dutch law, and English law; no new rules can arise through common law.
- Judicial Precedent: Law created from court judgments when neither statute nor common law provides answers; courts must administer justice.
- Customs: Long-standing community habits can create unwritten legal rules; must be reasonable and widely accepted.
- Customary/Indigenous Law: Specific to ethnic groups, enforceable in court when consistent with public policy.
- Foreign Law: Other countries’ legal principles may be used for guidance but hold no authoritative power in South Africa.
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Description
This quiz focuses on the Doctrine of Precedent, specifically the concepts of ratio decidendi and obiter dictum. Test your understanding of how binding precedents affect court decisions and the hierarchies within the court system. Explore the implications of judicial decisions and how they guide lower courts.
