Study Unit 13- The Legal Profession And The Courts

Question 1

Attorneys

Answer 1

• trained lawyers who can advise clients and represent them in court
• have to apply to high court to be admitted to the legal profession
• have to fulfill certain academic and professional requirements which are laid down by the law
• LLB degree, practical training for 2 years at a private firm of attorneys, legal aid clinic or community aid center and completion of an attorneys admission exam
• all practicing attorneys must belong you the law society (professional body for attorneys) in their province

Question 2

Advocates

Answer 2

• have an automatic right to appear in all courts
• main function is to represent clients in court
• admitted to the profession by high court provided they comply with statutory requirements
• LLB degree
• belong to professional bar councils, have to do legal practical training with one of the already qualified advocates and complete bar councils exam

Question 3

State prosecutor

Answer 3

-conducts cases in magistrates court

Question 4

State advocate

Answer 4

• conducts cases in high court

- serve as legal advisors to the state and may be involved in drafting legislation

Question 5

Magistrate

Answer 5

-presiding officer in magistrates court

Question 6

Judge

Answer 6

-presiding officer in Hugh court

Question 7

Hierarchy of courts

Answer 7

• constitutional court (only constitutional matters)
• Supreme Court of appeal
• high court (different divisions)
• magistrates court (district and regional)

Question 8

Three basic legal principles

Answer 8

• judicial precedent
• appeal
• review

Question 9

Appeal

Answer 9

• in a civil matter when a party feels the court has made an error in its decision, that party can appeal to a higher court. The higher court will yen reconsider this decision.
• on appeal the court does not listen to all oral evidence , they study the typed record of the court which originally made the decision and listens to arguments by legal representatives
• if appeal is upheld it means the decision of the court a quo is set aside
• I’d appeal is dismissed the decision of the court a quo is confirmed
• parties are called appellant and respondent

Question 10

Review

Answer 10

• if there has been an irregularity in the procedure the case can be reviewed by a hugger court
• complaint is about the way the proceedings have taken place, not the decision itself