Legal Framework Overview

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Questions and Answers

What distinguishes ratio decidendi from obiter dicta in legal principles?

Obiter dicta contain the essential law, whereas ratio decidendi provides opinions.

Ratio decidendi is binding, while obiter dicta are not. (correct)

Both ratio decidendi and obiter dicta are equally binding.

Ratio decidendi applies to international law, while obiter dicta only apply to local law.

Which statement accurately describes the relationship between common law and its historical influences?

Common law has no influence from Roman-Dutch law at all.

Common law is a hybrid of Roman-Dutch and English law developed after 1800.

Common law is exclusively derived from English law.

Common law incorporates elements from both Roman-Dutch and English law. (correct)

Which of the following accurately describes customary law in South Africa?

Customary law has no legal recognition and cannot be applied in courts.

Customary law reflects indigenous traditions and is implemented by traditional leaders. (correct)

Customary law is always binding and takes precedence over the Constitution.

Customary law is independent of the Constitution and its provisions.

How does international law influence South African courts regarding the Bill of Rights?

International law is considered persuasive but not binding when interpreting the Constitution. Signup and view all the answers

What is the primary function of the Constitutional Court in South Africa?

To serve as the highest court for all constitutional issues. Signup and view all the answers

Which of the following accurately describes the relationship governed by international law?

Regulates relationships between sovereign states. Signup and view all the answers

What is the main function of substantive law?

To define the rights and obligations of legal subjects. Signup and view all the answers

Which legal principle dictates that courts are bound to follow previous decisions with the same material facts?

Stare decisis Signup and view all the answers

Which of the following is NOT a source of South African law?

Customary law Signup and view all the answers

Which branch of law includes constitutional law and administrative law?

Public law Signup and view all the answers

Legislation in South Africa is enacted by which of the following bodies?

Parliament Signup and view all the answers

What distinguishes civil law from common law?

It is codified in written rules and codes. Signup and view all the answers

Which of the following correctly identifies the function of adjective law?

Regulates the enforcement of substantive law. Signup and view all the answers

Study Notes

The Legal Framework

Law governs behaviour, defining acceptable and unacceptable conduct
Regulates relationships between:
- The state and individuals/organizations
- Individuals/organizations among themselves
Common Law:
- Origins in social customs
- Developed through judicial precedent (decisions from previous cases)
- Prevalent in many former British colonies, including South Africa
Civil Law:
- Origins in Roman legal systems
- Codified in written rules and codes
- Primarily found in European countries
Classification of Law:
- International Law: regulates relationships between countries
- Private International Law: determines which legal system applies to international contracts
- National Law: applies within a specific country
  - Substantive Law: defines rights and obligations
  - Adjective Law: regulates the enforcement of substantive laws
  - Private Law: governs relationships between individuals and organizations
    - Family law
    - Property law
    - Law of succession
    - Contracts
    - Torts (delict)
  - Public Law: governs relationships between individuals/organizations and the state
    - Administrative law
    - Constitutional law
    - Human rights law
    - Criminal law

Sources of South African Law

Constitution:
- Supreme law of the land
- Contains the Bill of Rights, guaranteeing fundamental rights for all
- Binding on all government branches, limiting their powers
Legislation:
- Laws (Acts) enacted by the legislature
- Parliament:
  - National Assembly
  - National Council of Provinces
- Bills passed by both houses are signed by the President to become Acts
- Provincial legislatures enact ordinances
- Municipal councils enact bylaws
Judicial Precedent (stare decisis):
- Courts are bound by previous decisions with similar facts
- This principle applies to all cases going forward
- Ratio decidendi: essential principle of the case
- Obiter dicta: judge's opinion, not binding but persuasive
Common Law:
- Derived from 17th-18th century Roman-Dutch law
- Introduced by Dutch settlers in 1652
- Influenced by English law during British occupation
- Hybrid system with elements of both Roman-Dutch and English law
Customary Law:
- Reflects indigenous traditions and practices
- Recognized by the Constitution
- Implemented by traditional leaders and applied by courts
- Subject to the provisions of the Constitution
International Law:
- Considered by South African courts when interpreting the Bill of Rights
- Not binding, but persuasive in interpreting the Constitution
  - S v Makwanyane and Another 1995 case: an example of reliance on international law.

The South African Legal Framework

Constitution:
- Cornerstone of the legal system
- Governs state powers and individual rights
Court System:
- Independent and subject to the Constitution
- Jurisdiction: authority of a court to hear a specific matter
  - Two-stage assessment:
    - Determine whether a lower court (Magistrates' Court) or a High Court is competent to hear the case
    - Identify the relevant provincial or local division within the High Court or Magistrates' Court
- Court hierarchy:
  - Constitutional Court: highest court in the land, with final say on all constitutional matters
  - Supreme Court of Appeal: second highest court
  - High Courts: superior courts in each province
  - Magistrates' Courts: lower courts
  - Other courts: specialized courts (e.g., Labour Court)

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Description

Explore the key aspects of the legal framework including the differences between common law and civil law. This quiz covers the classification of law and how it regulates relationships between individuals, organizations, and the state. Understand the nuances of international, national, and private law.