Part A

Question 1

The state is made up of which three branches ?

Answer 1

Legislature, executive and judiciary

Question 2

What is the purpose of each branch of state?

Answer 2

legislature: makes laws
Executive: enforces laws
Judiciary: applies and interprets

Question 3

What are aspects of the constitutional court

Answer 3

11 judges with a minimum of 8 per case.
A full bench consists of 11 Judges
Has nationwide jurisdiction
Deals with cases of a constitutional nature such as human rights

Question 4

What are the aspects of the Supreme Court of Appeal?

Answer 4

Purely an appeal court, never a court of first instance
Final court for non-constitutional matters
23 judges, average 3-5 per case and a full bench is 5 judges

Question 5

What are the aspects of the High Courts?

Answer 5

One per province with 17 seats in total; 9 main and 8 local
Hear cases that exceed jurisdiction of MC or when people appeal
One judge hears each case unless its an appeal then its minimum 2 judges
Has geographical jurisdiction and can hear all kinds of cases
A full bench is 3 judges

Question 6

District Magistrates court powers?

Answer 6

cannot hear serious offences such as murder or rape
limited sentencing power of 3 years and civil claims under/equal to 100K
Cannot deal with wills, divorces and determining insanity

Question 7

regional Magistrates Court powers?

Answer 7

Can hear more serious cases
Sentencing powers of life imprisonment (20 years) and a maximum fine of 300K

Question 8

what do the two magistrate courts have in common

Answer 8

Both have no appeal jurisdiction meaning they cannot hear appeals

Question 9

What are the 6 types of binding law?

Answer 9

Legislation, Roman-Dutch law, Judicial precedent, African customary law, Custom law and customary international law

Question 10

What are the subcategories of legislation ?

Answer 10

Constitution, delegated legislation and original legislation which is made up of acts of parliament as well as municipal and provincial legislation

Question 11

Define delegated legislation

Answer 11

Created by government departments under parliaments authority

Question 12

what is judicial precedent?

Answer 12

case law; created by judges when applying the law to facts of case before them.

Question 13

How can legislation be struck down (deemed unconstitutional) ?

Answer 13

Original legislation: Judicial review
Delegated legislation: Judicial review and ultra vires

Question 14

What is store decisis ?

Answer 14

Let the decision stand; Judge or magistrate must follow decision of high courts where cases are similar

Question 15

what is doctrine of precedent?

Answer 15

established the practice using past judicial decisions to guide further cases

Question 16

Define ratio decidendi?

Answer 16

Legal principle forming the basis of courts decision. has a binding effect and becomes precedent for cases with similar facts and legal issues

Question 17

What is an obiter dictum?

Answer 17

Additional observations made by judge, not binding and rather serves as an illustrative example

Question 18

What are the requirements for a custom to be legally binding?

Answer 18

must be:
long standing, reasonable, certain, consistent practice and not in conflict with existing laws

Question 19

What are the requirements for customary international law to be binding?

Answer 19

Must be:
state practice, opinio juris , duration, uniformity and acceptance

Question 20

What is the difference between a legal right and legal duty?

Answer 20

A legal right is a right that is protected by law and a legal duty is enforceable by law

Question 21

when can African customary law be applied?

Answer 21

When both parties choose it and if it is not in conflict with constitution.