Post-Apartheid + Western Roots
South African law is influenced by customary law, English law and which other law?
Roman-Dutch Law
What is the supreme law in South Africa
The Constitution of the Republic of South Africa, 1996
True or False: South Africa is bound by foreign law.
False.
The Supreme Court of Appeal is bound by the decisions of which other court/s?
The Constitutional Court
Name one private legal practitioner
-Attorney (notary, conveyancer)
-Advocate
What is parliamentary supremacy?
Parliamentary supremacy = The supreme controlling power to make and enforce decisions in the form of legislation is exclusively vested in an elected parliament.
SA no longer abides by this
What set of laws can be found in section 2 of the CRSA?
The Bill of Rights
Name one primary source of law
-CRSA
-Legislations
-Case law
-Common Law
-Customary Law
-International Law
What is stare decisis?
Courts are bound by the decisions of certain other courts. (Precedent)
Name one public legal practitioner
-State Attorney
-State Prosecutors and State Advocates
-State legal advisors
-Legal Aid
What is constitutional supremacy?
Any law that is inconsistent with the Constitution is invalid.
What is the limitation clause?
Section 36 of CRSA. Sets out grounds on which the rights in the Bill of Rights may be lawfully restricted.
Give one division of private law
-Law of Patrimony (property law, law of contract, law of delict, law of succession)
-Law of Persons
-Family Law
-Law of Personality
What is a ratio decidendi?
The part of a court's judgement that presents the reasons for the decision.
What does IRAC stand for?
I = Issue
R = Rule
A = Application
C = Conclusion
What is the separation of powers?
A system where governmental power is divided between the three branches of government, namely, the legislature, the executive and the judiciary.
What is transformative constitutionalism?
Using the constitution to transform society.
Give one division of procedural law.
-Criminal Procedure
-Civil Procedure
-Law of Evidence
-Legal Interpretation
Name one form of Alternative Dispute Resolution.
-Negotiation
-Meditation
-Arbitration
What Act currently governs legal practitioners?
Legal Practice Act 28 of 2014
Define positivist approach to law.
An approach to law where laws are recognised as valid if they have been enacted by the sovereign, regardless of whether they are fair and just.
Name and explain the three generation of rights.
1. First-generation rights: Consist of traditional civil and political rights. "Blue rights"
2. Second-generation rights: Social and economic rights. "Red rights"
3. Third-generation rights: Include the right to self-determination, the right to development, the right to a healthy environment. "Green right"
Define Administrative Law
Regulates the exercise of public power and the performance of public functions, but excludes certain types of state powers such as legislative, judicial, political and policy-making powers.
What matters can be heard in the Magistrates Court?
Regional: criminal matters (not treason) with imprisonment of not more than 15 years. Civil matters btw R200k and R400k
District: criminal (not treason, murder or rape). Civil matters not more than R200k
Define analogical reasoning
When one argues a case by comparing the case you want to prove with another similar case.