Law Fundamentals and Government Roles

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Questions and Answers

What defines the obligations and rights of individuals within society?

Moral principles established by religions

Social contracts enforced by individuals

Guidelines provided by community leaders

Laws made by the state (correct)

Which arm of government is responsible for making laws?

The Local Government

The Judiciary

The Executive

The Legislature (correct)

What is the highest law of the land in South Africa?

The common law

International treaties

Acts passed by Parliament

The Constitution of the Republic of South Africa, 1996 (correct)

Which statement best describes ethical rules?

They are subjective and based on personal belief systems. Signup and view all the answers

What happens if two laws conflict with each other but do not involve constitutional issues?

The legislation must be followed. Signup and view all the answers

What is the primary role of the Judiciary?

To uphold the law and administer justice Signup and view all the answers

Which of the following correctly describes a juristic person?

An artificial entity like a company or municipality Signup and view all the answers

What is the purpose of judicial precedent in South African law?

To ensure similar cases are decided in a similar manner Signup and view all the answers

Which source of law originates from treaties or agreements between countries?

International Law Signup and view all the answers

What distinguishes civil cases from criminal cases?

Criminal cases require proof beyond reasonable doubt Signup and view all the answers

What is the primary aim of a criminal case?

To determine the accused guilty or not guilty Signup and view all the answers

Which type of court has the authority to create judicial precedent?

Superior courts Signup and view all the answers

What is the maximum claim amount that a Small Claims Court can hear?

R15 000 Signup and view all the answers

What type of cases cannot be heard by District Magistrates’ Courts in the civil category?

Divorce cases Signup and view all the answers

Which court's decisions must be followed by District Magistrates’ Courts when there is no precedent from superior courts?

High Court Division Signup and view all the answers

What is the highest penalty that Regional Magistrates’ Courts can impose?

Life imprisonment Signup and view all the answers

What distinguishes the geographical area of jurisdiction of inferior courts compared to superior courts?

Inferior courts have a smaller geographical area jurisdiction Signup and view all the answers

Which courts deal with customary law cases?

Chiefs' and headmen's courts Signup and view all the answers

How many levels do Magistrates’ Courts have?

Two levels Signup and view all the answers

What is the formal representation status in Small Claims Courts?

No lawyers are present to represent litigants Signup and view all the answers

Study Notes

LO1: Understanding the Term "Law"

Law is a set of rules created by the state to govern societal behavior.
It forms a social contract ensuring order within society.
Rules dictate actions; what is required, prohibited, and what others can't do to you.
Law clarifies duties/obligations and rights.
Legal rules must be obeyed by all, with potential penalties (fines, imprisonment) for violations.
Ethical/moral rules are personal, based on beliefs, often religious, and subjective.

LO3: Differentiating Roles of Government Arms

Legislature/Parliament: The first arm, responsible for creating and overseeing ("holding accountable") government laws.
The highest law-making body.
Legislation (system of laws) is the most crucial source, overriding other sources except the constitution.
Acts/statutes are laws passed by Parliament.
Correct procedures are necessary for legislation to be enforceable.
Executive (Cabinet): Implements and develops policies, proposing and enacting laws.
Led by the country's president, deputy president and various ministers.
Judiciary (Courts): Upholds the law, handles cases, and delivers justice.

LO4: Natural vs. Juristic Persons

Natural persons: Human beings.
Juristic persons: Artificial entities (companies, universities, municipalities, state) with legal rights and responsibilities.
Juristic persons have legal standing despite their lack of physical existence.
Companies have a separate legal existence from their directors and members.

LO6&8: Sources of South African Law

Legislation: Laws made by Parliament, overriding most other sources (except Constitution)
Constitution (1996): Highest law, supreme source.
Common Law: A body of law developed over time, influenced by European cultures and South African court decisions. Includes methods of development and adaptation.
Case Law (Judicial Precedent): Law based on court decisions, binding on lower courts. Developed through judgments, statutory interpretations and resolving ambiguity.
Customary Law: Unwritten traditions, fixed practices; proof often required for legal standing, with criteria including its antiquity, reasonableness, continuation, and clarity.
Foreign Law: Used by South African courts in cases with no specific South African precedent.
International Law: Derived from treaties and international organizations.
Trade Practices and Customs: Established methods that have become customary law over time.
Academic Textbooks & Journals: Useful sources but not legally binding.

LO9: Civil vs. Criminal Cases

Civil Cases: Disputes between individuals; aiming to determine liability.
Criminal Cases: Person(s) accused of a crime against the state; aiming to prove guilt beyond reasonable doubt.
Civil cases (outcomes): Damages or costs orders.
Criminal cases (outcomes): Punishment like imprisonment.

LO10: Superior vs. Inferior Courts

Court Jurisdiction: Area of power over cases/geographical regions, types of cases, maximum sentences.
Inferior Courts: Handle less serious cases, smaller jurisdictional areas. E.g., Small Claims (under R15,000), Chiefs'/Headmen's (customary law) , Magistrates (civil/criminal). Magistrates Courts have limitations. Superior courts have broader jurisdiction, and are legally binding.
Superior Courts: Most significant courts, create binding precedents. E.g., High Courts, Supreme Court of Appeal, Constitutional Court (interpret, protect, enforce Constitution; and limited non-constitutional jurisdiction).

LO13: Ratio Decidendi

Ratio decidendi: The legal principle behind a court's decision; the binding part of a judgment.
Used by lawyers to support arguments in future similar cases.

LO15: Divisions of South African National Law

Public Law: Governed relationships between the government and citizens (constitutional, administrative, criminal law).
Private Law (Civil Law): Regulates relations among individuals, citizens.
Procedural Law: Rules for enforcing legal rules, steps for resolving disputes.

LO16: Trial vs. Application Procedure

Trial Procedure: Used when facts are disputed in court through formal questioning.
Application Procedure: Used when facts aren't in dispute, arguments are made through sworn statements (affidavits).

LO17: Appeals vs. Reviews

Appeal: Higher court revises a lower court's decision on legal errors.
Review: Higher court examines the proceedings' fairness and legality, not the case's merits.

LO18: Statutory Interpretation

Interpreting statutes: Determining a statute's purpose and application details.
Literal Approach (Text-based): Emphasis on the ordinary/grammatical meaning of words; used when the law is clear.
Functional Approach: Considering purpose and function within a broader context.
Historic Approach: Historical situation from which a law was created.
Purposive Approach (Contextual): Considering social/policy context to find the law's intent.

LO20: Impact of Constitution on Statutory Interpretation

Statutory Interpretation Tools: Legal aids (internal/external) used to apply a statute to a situation, considering the statute's: title, date of enactment, purpose section, definitions, provisions.
Using aids like the Constitution greatly impacts how statutes are understood and applied.

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Description

This quiz delves into the fundamental concepts of law, its role in society, and the responsibilities of different government branches. Understand how laws are created and enforced, and explore the distinctions between legislative and executive functions in governance.