LU5: Legal Actors Flashcards
1
Q
The South African legal system
A
- legal practice act 59 (feb 2015) brought about significant changes
- changing of assessment of candidate for legal practitioners and procedures
- several bodies to serve as guardians of legal system (charter 9 institutions)
2
Q
The ordinary member of society, citizen or client
A
- legal system derives its legitimacy and life from citizens agreeing to be controlled by the system known as the social contract
- social contract: situation where citizens come together and agree to a set of rules in terms of which their loves will be organized and create a sense of order, certainty, and protection
3
Q
Legal practitioners and legal actors
A
-proxy: situation where a person participates or does something through a representative
4
Q
Private legal actors
A
- employed by private person to represent them in legal system
- paralegal: person who works beside attorneys to assist them with tasks ancillary to legal matters (legal research, debt collection). Three year diploma in paralegal studies, may work in banks, law firms or gov departments
- attorney: must complete LLB degree, pass exams set by law society of SA,complete further required serving time under and experienced attorney in terms of a contact of articles or clerkship. general matters and resolving legal issues (drafting contracts and wills/affidavits) practices in lower courts and deals directly with clients
- candidate attorney: still in training under supervision of experiences attorney and serves contract of clerkship . Principle attorney will assist and train candidate and offer him the opportunity to prepare for his admission to attorneys profession
- notary public: attorney who passed exams, does notarial work. Responsible for accuracy of info contained in the document they excuse and verification of authority of person acting as representatives
- conveyancer: attorney who passed conveyancing exams. He transfers immovable property from one owner to another and registers the change of ownership with registrar of deeds
- advocate: person skilled in litigation who argues matters before presiding officers. Attorneys ask them to act for clients (briefs). Do not interact directly with clients, take briefs from attorney who pay them honoraria. Must serve pupillage after LLB (unpaid training and mentor ship under experienced advocate)
5
Q
Public legal practitioners
A
- the prosecution: stem from national prosecution authority. Set levels in hierarchical order. National director of public prosecutors>directors of public prosecutions>state advocates. Power to institute criminal proceedings on behalf of state rests on NDPP
- state attorney: civil servants who represent the state in civil legal matters
- state legal advisors: civil servings who provide legal advice and research, draft legislation, advise state on legal matter at national level, evaluate constitutional court decisions, help municipalities draft by laws
6
Q
Prescient officers
A
- judges: preside over matters brought to higher courts. High court, Supreme Court of appeal, constitutional court. My lord or lady
- magistrates: civil savants who are independent judicial officers who perform similar role to judges. Only serve in lower courts. District and regional magistrates court. Your worship
- small claims court commissioners: judicial officers employed in terms of legislation. Experienced advocates and attorneys
7
Q
Court officials
A
- persons who play a supportive role to the courts to ensure the effective administration of justice
- registrar of the high court: responsible for administration of the court. Keeps safe important info (court roll, court files, receipt of fines, issuing of summonses)
- clerk of court: appointed for purpose of controlling the admin of a magistrate court. Similar functions go registrar of high court, but renders these functions in lower courts
8
Q
Other legal officers and functionaries
A
- registrar of deeds
- companies and intellectual property commissioner
- commissioner of oaths
- marriage officer
