South African Law History
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Questions and Answers

What characterized the legal system of the Dutch Republic?

  • A single dominant legal code
  • Uniform law and a centralized system
  • A mix of Roman and English law
  • Customary law and over 700 local codes (correct)

    • Who are some of the influential legal scholars associated with the codification of law in the Dutch Republic?

  • Hugo de Groot, Van Leeuwen, and Johannes Voet
  • Van der Keessel, Van der Linden, and Groenewegen
  • Grotius, Voet, and Van Leeuwen
  • All of the above (correct)

    • What is a characteristic of English Common Law?

  • Codification of law and a centralized system
  • Centrality of legal procedure and precedent-focused (correct)
  • Strict law of evidence and a jury system
  • Customary law and over 700 local codes

    • What was the impact of English law on South Africa after the British occupation?

    <p>It had a significant influence on legislation and case law</p> Signup and view all the answers

    What is a notable area of impact of English law on South Africa?

    <p>Procedural law and legal techniques</p> Signup and view all the answers

    What is the significance of the works of jurists like Grotius and Voet in South Africa?

    <p>They were influential in shaping the legal framework of the Boer Republics</p> Signup and view all the answers

    What was the primary characteristic of African Customary Law during the pre-colonial era?

    <p>It was orally transmitted and shaped by traditional practices</p> Signup and view all the answers

    What was introduced by settlers in 1652 and formed the basis for the civil law system in South Africa?

    <p>Roman Dutch Law</p> Signup and view all the answers

    What is the significance of Roman Law in shaping South Africa's legal system?

    <p>It introduced the notion of obligation between debtor and creditor</p> Signup and view all the answers

    What was adopted in 1806 and had a significant influence on South Africa's legal system?

    <p>English Law</p> Signup and view all the answers

    What is the primary characteristic of the post-colonial era in South Africa's legal history?

    <p>Adoption of the Constitution of the Republic of South Africa</p> Signup and view all the answers

    What is the result of the combination of different legal systems in South Africa?

    <p>A mixed legal system</p> Signup and view all the answers

    What is the principle of 'pacta sunt servanda' in agreements?

    <p>Obligations created in terms of an agreement must be honoured.</p> Signup and view all the answers

    What was the significance of the Praetor in the pre-classical era of Roman Law?

    <p>The Praetor played a significant role in justice, issuing edicts and providing defenses.</p> Signup and view all the answers

    What was the impact of British colonial rule on the South African legal system?

    <p>It brought English common law principles, including case law precedents.</p> Signup and view all the answers

    What is the main source of law in democratic South Africa?

    <p>The Constitution of 1996.</p> Signup and view all the answers

    How do religious and customary laws operate in South Africa today?

    <p>They are recognized, provided they are consistent with the Constitution.</p> Signup and view all the answers

    What is the current relationship between common law and customary law in South Africa?

    <p>Common law and customary law continue to coexist, subject to the Constitution.</p> Signup and view all the answers

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