Sources of BW Law & Court Structure Flashcards
What are laws?
Rules enforced through punishment or civil remedies(compensation)
Procedural vs Substantive.
Pro: How case is handled
Sub: Legal grounds
(Void if procedure isn’t followed)
Codified vs Uncodified with examples?
Cod: Written Law(Const, AoP, Legis)
Uncod: Unwritten Law(Precedents, Roman-Dutch)
What are the 6 sources of law?
1) The Constitution- Supreme Law(ultra vires*)
2) AoP(legislation)-Create, Repeal, Codify, Consolidate and Amend Laws.
3) Judicial Precedent/ Stare Decisis-Obitar dicta=unwritten. Ratio Decidend=written
4) Customary Law-Codifying local customs
5) International Law-Treaties and Agreements, they don’t supersede local laws.
6) Roman-Dutch Law-Common law
What is the Court of Appeal and it’s Jurisdiction?
1) Highest Court. Precedent binds other courts
2) Established under Sect 99, Sect 5(3) gives HC judges the same rank as CoA justices.
3) Criminal, Civil, Original Jurisdiction.
4) Majority rule
What is the High Court?
1) Established under Sect 95.
2) Unlimited Original & inherent jurisdiction in criminal(murder), civil(divorce) cases.
3) Can interpret the constitution.
4) Appellant Jurisdiction from Magistrates.
What is the Industrial Court?
1) Specialized court that deals with employment disputes ONLY. 1 Quorum needed.
2) IC Judges have the same rank HC Judges.
3) Awards given out: Damages, Reinstatement & Inderdicts.
4) Appeals taken to COA
What is the Magistrates Court?
1) General Jurisdiction.
2) Power set by MC Act.
3) Can’t sentence someone to death(HC does that) instead they’d set bail.
What is the Small Claims court?
1) Created to deal with simple commercial disputes.
2) Civil matters with a monetary value not exceeding P10K.
3) Easy, Fast with legal representation not being required.
Customary Courts
1) Minister of the local givernment issues a warrant.
2) Application made by chief of a tribe
3) Rulings determined by tribe’s customs.
4) Defendant should be a resident under where warrant is called.
