Legal Concepts and Definitions
Define a "natural person" in legal terms.
A living human being with legal rights and obligations.
Name the three branches of the South African government.
Legislature, Executive, Judiciary.
What is the burden of proof in criminal proceedings?
Beyond a reasonable doubt.
What is the limitation clause in the Constitution?
Section 36: Rights may be limited if reasonable and justifiable.
What is a "juristic person"?
A legal entity (e.g., a company) recognized by law as having rights and duties.
What is the role of the Legislature in South Africa?
To make laws (Acts of Parliament, provincial acts, and municipal by-laws).
What is the burden of proof in civil proceedings?
Balance of probabilities
What is the difference between real rights and personal rights?
Real rights: Enforceable against everyone (e.g., ownership).
Personal rights: Enforceable against a specific person (e.g., contractual obligations).
What are the two types of civil proceedings?
Action proceedings: Disputes involving facts + law (e.g., trials).
Application proceedings: Disputes on law only (e.g., affidavits).
What is the role of the Executive in South Africa?
To implement laws (President, Ministers, and government departments).
What is the difference between civil and criminal law cases?
Civil: Disputes between private parties (e.g., contracts).
Criminal: State prosecutes individuals for crimes.
What is the difference between ratio decidendi and obiter dicta?
Ratio decidendi: Binding legal reasoning.
Obiter dicta: Non-binding remarks.
What is the difference between an appeal and a review?
Appeal: Challenges a court’s decision in a higher court.
Review: Challenges procedural fairness in the same court.
What is the role of the Judiciary in South Africa?
To adjudicate disputes and interpret laws (courts)
What is the doctrine of stare decisis?
The principle that courts must follow precedents set by higher courts.
What is the difference between primary and subordinate legislation?
Primary: Made by Parliament.
Subordinate: Made by executives (e.g., Ministers) under delegated authority.