South African Law: Legal Principles and Courts

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Questions and Answers

What does 'stare decisis' refer to?

It means that decisions must stand and courts should follow precedents set in previous cases.

Which of the following is NOT one of the three types of superior courts in South Africa?

Constitutional Court

District Court (correct)

High Courts

Supreme Court of Appeal

Define the term 'Law'.

Law is a set of rules made by the state or government to order the way in which the people in a society behave.

What are primary sources of South African law?

Legislation Signup and view all the answers

What does 'Delict' mean?

It is a wrongful and blameworthy act or omission that causes harm or loss to another person. Signup and view all the answers

At what age do you reach 'Majority'?

18 Signup and view all the answers

What does 'restitutio in integrum' mean?

Restitution. Signup and view all the answers

What is a 'voidable contract'?

It is a valid contract that may be affirmed or rejected at the option of one of the parties. Signup and view all the answers

What does 'sequestrated' mean?

It means that the court has declared that one's liabilities have exceeded one's assets. Signup and view all the answers

What is an 'antenuptial' agreement?

It means 'before marriage'. Signup and view all the answers

What does 'unjustified enrichment' refer to?

A person cannot be enriched at the expense of another without a legal basis. Signup and view all the answers

Which of the following is NOT a requirement for a valid contract?

The contract must be oral. Signup and view all the answers

What is a 'Notary of Public'?

A legally authorized official who serves as an impartial witness to the signing of important documents. Signup and view all the answers

Name two types of transactions that are commonly performed using the internet.

Online Banking and E-commerce Transactions. Signup and view all the answers

Differentiate between natural persons and juristic persons.

Natural persons are human beings; juristic persons are associations like companies or universities. Signup and view all the answers

What does public law govern?

The relationship between the government and its citizens Signup and view all the answers

Which of the following laws deals mainly with legal relationships between private individuals?

Private law Signup and view all the answers

Only natural persons may sue in a small claims court.

True Signup and view all the answers

Criminal law cases are proven on a balance of probabilities.

False Signup and view all the answers

An appeal will be granted when the presiding officer was biased.

False Signup and view all the answers

What is the role of the legislature?

To make the law. Signup and view all the answers

What is a 'short title' of an act?

The formal name of the act. Signup and view all the answers

What is the purpose of the preamble in legal interpretation?

To assist in understanding the deeper meaning behind the interpretation. Signup and view all the answers

Study Notes

Stare Decisis

Legal principle dictating that courts must adhere to precedents in previous cases.

Types of Superior Courts in South Africa

Constitutional Court: Highest court in constitutional matters.
The Supreme Court of Appeal: Reviews decisions from lower courts.
High Courts: General jurisdiction and can hear a wide range of cases.

Definition of Law

Law consists of state or government-made rules regulating societal behavior.

Primary Sources of South African Law

Legislation: Laws enacted by the government.
The Constitution of the Republic of South Africa 1996: Supreme law of the land.
Common Law: Developed through court decisions and judicial precedents.
Customary Law: Practices accepted as legal standards in specific communities.
Judicial Precedent (Stare Decisis): Previous court decisions that guide future cases.
Foreign Law: Legal principles from other countries.
International Law: Treaties and agreements between states.

Secondary Sources of Law

Academic Textbooks: Scholarly interpretations and analyses of primary laws.
Journals: Publications discussing legal issues and developments.

Delict

A wrongful act causing harm or loss, creating a liability for compensation.

Majority

Reached when an individual turns 18 years old.

Restitution (Restitutio in Integrum)

Act of restoring or compensating for loss or injury incurred.

Voidable Contract

A valid agreement that can be affirmed or rejected by one party.

Sequestration

Court declaration when liabilities exceed assets, facilitating fair asset distribution to creditors.

Antenuptial

Refers to matters occurring before marriage.

Act in Delict

Any voluntary conduct leading to legal liability if it causes harm.

Unjustified Enrichment

Legal principle that prevents one person from being unjustly benefited at another's expense.

Requirements for a Valid Contract

Must be documented and written.
Requires contractual capacity (ability to enter into a contract).
Needs registration at the deeds office.
Must be signed before a notary public.

Notary Public

Authorized official witnessing and certifying the signing of important documents.

Transactions Not Performed Online

Transactions involving real estate deeds.
Transactions requiring personal identification or physical presence.

Common Online Transactions

Online Banking: Digital management of financial accounts.
E-commerce: Buying and selling goods over the internet.

Natural vs. Juristic Persons

Natural Person: A human being who is a legal entity.
Juristic Person: Organizations such as corporations or universities recognized as legal entities.

Public Law

Governs interactions between the government and its citizens, including:
- Constitutional Law
- Criminal Law
- Administrative Law

Private Law

Deals with legal relationships among private individuals, including:
- Mercantile Law
- Law of Obligations
- Law of Property
- Family Law
- Law of Succession

Small Claims Court

Juristic persons cannot sue but may be sued; only natural persons can initiate lawsuits.

Burden of Proof

Criminal law requires proof beyond a reasonable doubt, while civil law operates on a balance of probabilities.

Foreign Law

National laws of other countries; recognized as legal systems outside one’s own country.

Primary Sources of Law

Essential and binding sources of law; must be adhered to by judges and practitioners.

Appeals and Reviews

Appeals are based on the correctness of a decision, while reviews focus on irregularities like bias from the presiding officer.

Sentencing in Courts

High Courts have no maximum sentence limit; District Magistrate Court has a maximum of three years per offense.

Role of Legislature

Responsible for making laws but not for their implementation, which is a court function.

Short Title of an Act

Formal name of legislation, used for reference.

Preamble and Teleological Interpretation

The preamble provides context for interpretation; courts may explore deeper meanings behind laws through it.

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Description

This quiz covers key concepts of South African law, including the principle of stare decisis and types of superior courts. It also examines the definition of law and primary sources of South African law. Test your knowledge on these fundamental legal terms and principles.