CML - Mod 1-3 Flashcards
what is law?
body of rules that regulate human conduct, enforced by state and binding
what is law’s primary purpose?
ensure order and justice in all spheres of the community
what is rule of law?
for laws to be considered just they must be reasonable, apply equally in all circ, predictable, no one above the law
what is organs of state?
the SA state structure, powers and functions from consititution
what are the three organs of state?
- legislature
- executive
- judiciary
what does the executive do?
enforces laws, led by pres and ministers
what does judiciary do?
apply the laws, comprised of courts
what is a legal subject?
someone capable of holding rights and capabilities
what is a juristic act?
an act to which the law attaches consequences envisaged by parties
what is nasciturus fiction?
can be applied to protect the interests of unborn persons. child must have been conceived at the time the benefit would have been accrued to them and must be born alive
types of companies
(Pty) Ltd - private (Ltd) - public (NPC) (Inc) - limited liability (SoC Ltd)
what is a right?
a legal interest protected by law
what is corporeal items?
tangible items
what is trademark?
words/symbols which represent a company/product legally registered with CIPC
CIPC?
companies and intellectual property commission
what is patent?
gives an inventor the right to stop people from making/using their creation (register with CIPC). last up to 20yrs
what is copyright?
an exclusive right granted for a limited period for an original work
what is a personal right?
a right than can be held against and only enforced against a specific person
what is a real right?
a right held in property. can be held against anyone who tries to cause loss/damage to it. created by ownership/possession, can be transferred
how are personal rights usually created?
- by agreement / contract
- someone getting an unfair benefit at the exp of another person
- harm done by another person that causes injury
what is vicarious liability?
employees are liable for harm caused to their employees while they perform their duty
what is rei vindicatio?
you can get a court order to reclaim a laptop stolen and sold to someone else
what is legal liability?
the condition of being bound to a legal duty and bearing civil consequences for failure
what is criminal liability?
the duty to abide by provisions of criminal law as defined by state and bear punishment that comes with failure