LU1: Intoduction To Legal Skills Flashcards

1
Q

Concept of law

A

-system of rules, these rules are
:recognized by state
:meant to control human actions
:are enforceable
-law creates duties and rights
-legal order: perform certain acts like paying taxes
-provides rules that govern human behavior in society

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2
Q

The function of law

A
  • law creates and maintains peace and order in society by balancing interests of individual and state/community
  • social contract (the constitution) creates and maintains order among humans
  • society has a common government which, by social contract, they have entrusted the responsibility to protect them and maintain peace
  • serves to maintain order by controlling relationship between individual members of community as legal subjects
  • civil law: someone has tampered with rights (delict), approach court for civil claim, rights restored
  • create order and stability in various relationships that exist among humans and between humans and things/environment in a society
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3
Q

Importance of skills

A
  • determine whether issue can be solved through legal means
  • evaluate facts
  • categorize legal problems
  • find and analyze the legal fields and sources that apply to problem
  • ability to find and apply relevant legal rules and principles together with critical thinking to arrive at appropriate solution
  • ability to construct sound arguments
  • skill to read legal texts, writing skills and numeric skills
  • interview clients&witnesses, researching law, give legal advice, conduct trial, litigating and drafting legal documents
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