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South African Law History

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18 Questions

What characterized the legal system of the Dutch Republic?

Customary law and over 700 local codes

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

All of the above

What is a characteristic of English Common Law?

Centrality of legal procedure and precedent-focused

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

It had a significant influence on legislation and case law

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

Procedural law and legal techniques

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

They were influential in shaping the legal framework of the Boer Republics

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

It was orally transmitted and shaped by traditional practices

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

Roman Dutch Law

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

It introduced the notion of obligation between debtor and creditor

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

English Law

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

Adoption of the Constitution of the Republic of South Africa

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

A mixed legal system

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

Obligations created in terms of an agreement must be honoured.

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

The Praetor played a significant role in justice, issuing edicts and providing defenses.

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

It brought English common law principles, including case law precedents.

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

The Constitution of 1996.

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

They are recognized, provided they are consistent with the Constitution.

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

Common law and customary law continue to coexist, subject to the Constitution.

Test your knowledge of the history of South African law, from the influence of English common law to the apartheid era and beyond. Covering key principles and legislation, this quiz is perfect for law students and enthusiasts alike.

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