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
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
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