SU 1: Starter pack for the journey and the legal profession Flashcards
LEGAL RESEARCH
Legal research is a question related to the content, working, development or application of substantive law
SUBSTANTIVE LAW
Law which deals with creation, operation and extinction of rights and duties
RESEARCH METHODS
- Legal historical research
- Legal comparative research
- Literature studies
- Analysis of empirical data
A QUO
From which
AB INITIO
From the beginning
AD HOC
For a specific occasion
ACTIO
Claim/ action/ law suit
AD IDEM
Consensus
AD LITEM
For the purposes of the case
ADDENDUM
To be added/ something added
AMICUS CURIAE
Friend of the court
ANTE
Before; prior to
BONA FIDE
In good faith
BONI MORES
Good moral/ public opinion and usage
CADIT QUAESTIO
The Question falls away
CAUSA
Ground/ cause
COMPOS MENTIS
In one’s right mind
CONSENSUS
Agreement
CONTRA
Against/ opposing
CONTRA BONIS MORES
Contrary to public opinion and good morals
CULPA
Fault
CURATOR AD LITEM
Curator appointed by the court to assist another person (mentally ill or child in litigation)
CURATOR BONIS
A person appointed by the court to be in charge of another persons propriety interests/ estate eg Prodigal
PRODIGAL
An individual that lacks the capacity to handle own affairs
CURIA ADVISARI VULT
The court wishes to consider its decision
DE BONIS PROPRIIS
Out of own pocket
DE FACTO
In fact
DE IURE
In law
EX FACIE
On the face of it
EX LEGE
By the operation of law
EX PARTE
Only one party is interested
IN CASE
In this case
IN ABSENTIA
By default/ in his absense
DE NOVO
Anew
LOCUS STANDI
The right to be heard in court
MUTATIS MUTANDIS
With the necessary amendments
LEGAL POSITIVISM
Answers the question ‘what is the law’ by referring to what is and not what should be.
NATURAL LAW
A body of unchanging moral principles regarded as a basis of all human conduct
LAW
A set of rules of conduct established by government for all members of society to obey and follow
LEGISLATION
The making of legal rules by state organ that has the capacity to do so. These rules are laid down in writing are called statutes
JUDICAL PRECEDENTS
When the court is bound to follow the decisions of the Constitutional court on constitutional issues
POSTEA
The date of judgment.
CUSTORMARY LAW
It is mostly an unwritten law. It consists of generally adopted
customs that people live by because they consider them as
just. It does not concern all customs
INTERNATIONAL LAW
consists of rules that primarily control the
relationships between different independent states
MATERIAL / SUBTANTIVE LAW
part of the law that determines the content and meaning of different legal rules.
ADJECTIVE LAW
It is that part of the law that determines the way in which the
material law is enforced, in other words it determines in general the practical handling of a case where there has been an action presumably contrary to a legal rule
JURISTIC PERSON
A juristic person is an association of people
LEGAL CAPACITY
It is the capacity to be the bearer of rights and duties
CAPACITY TO ACT
It is the capacity to carry out legal acts.
LOCUS STANDI
Capacity to take part in legal proceedings is the competency to act in a court case
CULPABILITY
It is the capacity to be held legally liable for unlawful deeds (delicts) committed. It involves the ability to distinguish between right and wrong.
