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Introduction to Law 1A > The Legal Profession > Flashcards

The Legal Profession Flashcards

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1
Q

List six traditional careers in the private sector

A
  • Attorney
  • Advocate
  • Conveyancer
  • Notary
  • Office Personnel
  • Legal Advisor
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2
Q

List 15 legal professions in the public service sector

A
  • Prosecutor
  • Presiding Officer
  • State Attorney
  • State Legal Advisor
  • Registrar of the High Court
  • Clerk of the High Court
  • Master of the High Court
  • Registrar of Deeds
  • Registrar of Patents and Trademarks
  • Family Advocate
  • Law Reform Commission
  • Public Protector
  • Human Rights Commission
  • Public Defender
  • Legal Academic
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3
Q

What is an Attorney?

A
  • General practitioners who deal with clients directly.
  • Majority of their work is administrative
  • Some may make court appearance but most refer cases to advocates for court appearances.
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4
Q

What are the three requirements for practicing as an attorney?

A
  • LLB degree
  • Pass attorney admission exams (admitted by the high court)
  • Complete structured course work and practical vocational training for 24 months at legal training school of the law society
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5
Q

What Act regulates the admission requirements for Attorneys?

A

The Legal Practice Act

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6
Q

What is an Advocate?

A
  • Special litigators who appear frequently in court
  • Have cases referred to them by Attorneys of which they draft pleadings, write opinions and appear in court
  • DO NOT approach clients directly however those with a fidelity fund certificate can be approached by clients WITHOUT an attorney
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7
Q

What are the admission requirements for an Advocate?

A
  • LLB degree
  • Completion of practical vocational training for 12 months
  • Complete programme of course-structured work offered by society of advocates, national bar council of SA/general council of the bar
  • Successfully complete bar examinations
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8
Q

Define “The Bar”

A
  • It’s an association of practicing advocates
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9
Q

Who regulates the Advocate profession?

A

The Bar Association

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10
Q

Who governs the structure of advocates?

A

The Legal Practice Council

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11
Q

Which act grants Attorneys the right to appear in the High Court or Constitutional?

A

The Right of Appearance in Courts Act 62 of 1995

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12
Q

Other than the Courts Act 62 of 1955, after applying for appearance who grants Attorneys the right to appear in the courts?

A

The Registrar of the High Court

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13
Q

What is required from the Attorney to be granted the right to appear in the High Court?

A
  • Admission as an Attorney of the High Court
  • Good standing with the regulation body (Legal Practice Act)
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14
Q

Which courts will an Attorney be able to appear in after successfully being granted permission by the High court Registrar?

A
  • High Court
  • Supreme Court of Appeal
  • Constitutional Court
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15
Q

What is a Conveyancer?

A
  • Qualified specialised Attorneys who deal with the transfer of land
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16
Q

When can land be transferred/conveyed?

A
  • When a deed is registered at the deed’s office
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17
Q

What is a deed?

A
  • An identity document of a piece of land
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18
Q

When are the rights of land brought into existence?

A
  • When the owner of the land is noted and registered on the deed
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19
Q

What is a Notary?

A
  • Qualified Attorney specialising in drawing up legal documents such as antenuptial contracts
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20
Q

What is Office Personnel?

A
  • Candidate Attorney, secretaries and other members of staff in firms of Attorneys or Advocate chambers
  • May sometimes hold legal qualifications
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21
Q

What is a Legal Advisor?

A
  • Lawyers who are members of staff in companies and financial institutions
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22
Q

Which official is charged with instituting criminal proceedings?

A
  • The Director of Public Prosecutions (DDP)
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23
Q

What does the Office for Serious Economic Offences (OSEO) entail?

A
  • Investigating and probing economic offences through speedy investigation
24
Q

List two examples of presiding officers

A
  • Judges
  • Magistrates
25
Q

Who’s advice is the President required to follow for the appointment of judges?

A
  • The Judicial Service Commission
26
Q

Who are the presiding officers of superior courts?

A
  • Judges
27
Q

Who are the presiding officers of the lower courts?

A
  • Magistrates and regional magistrates
27
Q

Who are the presiding officers of the lower courts?

A
  • Magistrates and regional magistrates
28
Q

Who appoints magistrates?

A
  • The Magistrate Commission
29
Q

What are magistrates?

A
  • Civil servants who first started off as public prosecutors
30
Q

How are judges in the High Court referred to as?

A
  • My Lord
  • My Lady
31
Q

How are judges in the Supreme Court of Appeal and Constitutional Court referred to as?

A
  • Justice
32
Q

How are magistrates referred to as?

A
  • Your Worship
33
Q

What is a State Attorney?

A
  • Do the same work as Attorneys but their clients are state departments and not individuals
  • Involved in civil matters such as the state buying and selling property and entering into contracts
  • Represent state when sued for damages
34
Q

What is a State Legal Advisor?

A
  • Undertake legal research through checking existing legislation and drafting new statutes
  • With South Africa being accepted back into the international community, in the Department of International Relations and Cooperation state legal advisors are able to fill posts in international organisations such as the African Union (AU) and the United Nations (UN)
35
Q

What is the purpose of the Registrar of the High Court?

A
  • Appointed for each seat of the High Court and is responsible for the administration and documentation of the High Court
  • Receipt of fines
  • Finalising the court roll
  • Issuing summons for people to appear in court
36
Q

What is the purpose of the Clerk of the Court?

A
  • Same duties as a Registrar in the High Court: responsible for administration and documentation in the Magistrate’s Court
37
Q

What is a Master of the High Court?

A
  • The official for specialised affairs which involve:
  • controlling and supervising the administration of deceased estates
  • controlling the liquidation of companies
  • controlling trust funds on behalf of minors
38
Q

What is a Registrar of Deeds responsible for?

A
  • The registration of deeds in the deed’s office
39
Q

What is the purpose of the Registrar of Patents and Trademarks?

A
  • Registering patents and trademarks in order for them to be recognised and protected by the law
40
Q

Which Act established Family Advocates?

A
  • The Mediation in Certain Divorce Matters Act
41
Q

What is the purpose of Family Advocates?

A
  • Ensuring the best interest of a child when they are not being catered for when referred to by the court
  • Should one of the parties be in dispute, the matter may be requested to be referred to the family advocate
42
Q

What is the Law Reform Commission?

A
  • Consists of lawyers who conduct research on various aspects of the law for the purpose of possible legal reform
43
Q

What are the duties of the Public Protector?

A
  • Investigate allegations of maladministration, such as corruption and abuse of authority, on all levels of government
  • Required to resolve the dispute through mediation, negotiation or ordering remedial action against state parties
  • If offence was committed, PP may refer matter to the Director of Public Prosecutions (DPP) or to any other appropriate bodies
44
Q

What is the Human Rights Commission?

A
  • Commission consisting of a chairperson and commissioners with the purpose of promoting the respect of human rights
45
Q

What is a Public Defender?

A
  • Attorneys and Advocates employed by the state in order to defend accused persons who are unable to afford legal representation in criminal courts
46
Q

What is a Legal Academic?

A
  • Lawyer/those with legal qualifications who partake in legal research and teaching law
  • Some have obtained qualifications such as an LLM and LLD degrees
47
Q

What are the legal professionals who assist lawyers in legal research, drafting documents and providing general administrative support?

A
  • Paralegals
48
Q

What are the legal professionals who assist lawyers in legal research, drafting documents and providing general administrative support?

A
  • Paralegals
49
Q

Which legal professionals specialise in the preparation and certification of legal documents, such as contracts and deeds?

A
  • Notaries
50
Q

Who are the legal professionals who represent the government in criminal cases?

A
  • Public Prosecutors
51
Q

Who are the legal professionals who represent the state in higher courts and appellate proceedings?

A
  • State Advocates
52
Q

Who is the official responsible for overseeing the administration and execution of deceased estate?

A
  • Master of the High Court
53
Q

Who is the individual responsible for the enforcement of court orders and the execution of legal documents

A
  • Sheriff
54
Q

What is the term for the independent official who investigates complaints against public and private institutions?

A
  • Ombudsman

Introduction to Law 1A (4 decks)

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