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INTRODUCTION TO LAW AND LEGAL SKILLS > SU 1: Starter pack for the journey and the legal profession > Flashcards

SU 1: Starter pack for the journey and the legal profession Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

LEGAL RESEARCH

A

Legal research is a question related to the content, working, development or application of substantive law

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2
Q

SUBSTANTIVE LAW

A

Law which deals with creation, operation and extinction of rights and duties

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3
Q

RESEARCH METHODS

A
  1. Legal historical research
  2. Legal comparative research
  3. Literature studies
  4. Analysis of empirical data
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4
Q

A QUO

A

From which

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5
Q

AB INITIO

A

From the beginning

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6
Q

AD HOC

A

For a specific occasion

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7
Q

ACTIO

A

Claim/ action/ law suit

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8
Q

AD IDEM

A

Consensus

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9
Q

AD LITEM

A

For the purposes of the case

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10
Q

ADDENDUM

A

To be added/ something added

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11
Q

AMICUS CURIAE

A

Friend of the court

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12
Q

ANTE

A

Before; prior to

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13
Q

BONA FIDE

A

In good faith

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14
Q

BONI MORES

A

Good moral/ public opinion and usage

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15
Q

CADIT QUAESTIO

A

The Question falls away

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16
Q

CAUSA

A

Ground/ cause

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17
Q

COMPOS MENTIS

A

In one’s right mind

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18
Q

CONSENSUS

A

Agreement

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19
Q

CONTRA

A

Against/ opposing

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20
Q

CONTRA BONIS MORES

A

Contrary to public opinion and good morals

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21
Q

CULPA

A

Fault

22
Q

CURATOR AD LITEM

A

Curator appointed by the court to assist another person (mentally ill or child in litigation)

23
Q

CURATOR BONIS

A

A person appointed by the court to be in charge of another persons propriety interests/ estate eg Prodigal

24
Q

PRODIGAL

A

An individual that lacks the capacity to handle own affairs

25
Q

CURIA ADVISARI VULT

A

The court wishes to consider its decision

26
Q

DE BONIS PROPRIIS

A

Out of own pocket

27
Q

DE FACTO

A

In fact

28
Q

DE IURE

A

In law

29
Q

EX FACIE

A

On the face of it

30
Q

EX LEGE

A

By the operation of law

31
Q

EX PARTE

A

Only one party is interested

32
Q

IN CASE

A

In this case

33
Q

IN ABSENTIA

A

By default/ in his absense

34
Q

DE NOVO

A

Anew

35
Q

LOCUS STANDI

A

The right to be heard in court

36
Q

MUTATIS MUTANDIS

A

With the necessary amendments

37
Q

LEGAL POSITIVISM

A

Answers the question ‘what is the law’ by referring to what is and not what should be.

38
Q

NATURAL LAW

A

A body of unchanging moral principles regarded as a basis of all human conduct

39
Q

LAW

A

A set of rules of conduct established by government for all members of society to obey and follow

40
Q

LEGISLATION

A

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

41
Q

JUDICAL PRECEDENTS

A

When the court is bound to follow the decisions of the Constitutional court on constitutional issues

42
Q

POSTEA

A

The date of judgment.

43
Q

CUSTORMARY LAW

A

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

44
Q

INTERNATIONAL LAW

A

consists of rules that primarily control the

relationships between different independent states

45
Q

MATERIAL / SUBTANTIVE LAW

A

part of the law that determines the content and meaning of different legal rules.

46
Q

ADJECTIVE LAW

A

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

47
Q

JURISTIC PERSON

A

A juristic person is an association of people

48
Q

LEGAL CAPACITY

A

It is the capacity to be the bearer of rights and duties

49
Q

CAPACITY TO ACT

A

It is the capacity to carry out legal acts.

50
Q

LOCUS STANDI

A

Capacity to take part in legal proceedings is the competency to act in a court case

51
Q

CULPABILITY

A

It is the capacity to be held legally liable for unlawful deeds (delicts) committed. It involves the ability to distinguish between right and wrong.

INTRODUCTION TO LAW AND LEGAL SKILLS (5 decks)

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