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Questions and Answers
What distinguishes ratio decidendi from obiter dicta in legal principles?
What distinguishes ratio decidendi from obiter dicta in legal principles?
Which statement accurately describes the relationship between common law and its historical influences?
Which statement accurately describes the relationship between common law and its historical influences?
Which of the following accurately describes customary law in South Africa?
Which of the following accurately describes customary law in South Africa?
How does international law influence South African courts regarding the Bill of Rights?
How does international law influence South African courts regarding the Bill of Rights?
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What is the primary function of the Constitutional Court in South Africa?
What is the primary function of the Constitutional Court in South Africa?
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Which of the following accurately describes the relationship governed by international law?
Which of the following accurately describes the relationship governed by international law?
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What is the main function of substantive law?
What is the main function of substantive law?
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Which legal principle dictates that courts are bound to follow previous decisions with the same material facts?
Which legal principle dictates that courts are bound to follow previous decisions with the same material facts?
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Which of the following is NOT a source of South African law?
Which of the following is NOT a source of South African law?
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Which branch of law includes constitutional law and administrative law?
Which branch of law includes constitutional law and administrative law?
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Legislation in South Africa is enacted by which of the following bodies?
Legislation in South Africa is enacted by which of the following bodies?
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What distinguishes civil law from common law?
What distinguishes civil law from common law?
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Which of the following correctly identifies the function of adjective law?
Which of the following correctly identifies the function of adjective law?
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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
- Two-stage assessment:
- 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.