The Written Laws of Business Flashcards
What is the 3 major legal systems in the world
- Civil Law
- Common Law
- Moral Law
Which is the most widespread system of law
Civil Law
What is Civil Law
is the norms and rules regarding how people/group of people behave towards each other
What is SA Common Law
Roman-Dutch
Why is there a NCA (National Credit Act)
to avoid abuse and create institutions to assist an over-indebted consumer
What is the two main categories of our law
Substantive law (determine the content and meaning of different legal rules) Adjective laws (Determines how substantive rules are enforced)
What is the use of the 2 categories
regulate society by indicating what behavior by legal subject
Name the 2 divisions of law
Public & Private
What is Public
regulates the relationship between state & legal subjects
What is Private
regulates the relationship between legal subject and other legal subjects in society
Name some Public
Public international law
Constitutional law (bill of rights)
Administrative law (executive authority of state)
Criminal law
Procedural law (criminal & civil proceedings)
Evidence
Name some Private
Persons Family Property Succession (disposition of estates) Immaterial property law Law of Obligations Corporate law Labour law
3 Spheres of state
National government
provincial government
Municipal government
State power
legislative
executive (rule by President/cabinet)
judiciary (legal dispute in court)
Human Rights
- Right to equal/protection against discriminations
- Human dignity
- to life
- to freedom and security
- not to be subjected to slavery
- to privacy in body, home and relationship
- freedom of conscience, religion
- freedom of expression
- assembly, demonstration
- political rights
- freedom of movement and residence
- freedom of trade, occupation and profession
- labour rights
- clean and non harmful environment
- property rights
- housing
- Healthcare, food water & social security
- education
- culture, religion and language
- access to information
- administrative action
- access to courts
- arrested, detained and accused
What is the Stare decisis rule
to stand by your previous
Constitutional Court
highest court in SA, 11 judges exclusive jurisdiction to deal with disputes between organs of state, constitutionality of acts/bills
Supreme Court of Appeal
requires referral by court a quo (court of the first instance) 3-5 judges (Bloemfontein)
High court
Service Rural areas 14 Provincial Eastern Cape Free state WCP KZN Eastern Cape South Gauteng ( JHB) NC
Magistrate court Criminal
Criminal & Civil
Criminal (Regional) rape up to 15 years fines up to R300K
Criminal (District) Excl treason/rape up to 3 years and R60K
Magistrate Court Civil
District up to R100K
Regional R300K, custody, divorce, adoption
Small claims court R15K
What is the Civil procedures
- Summons
- Appearance to defend
- Request for further particulars by defendant
- reply to request to plaintiff
- Plea and counterclaims
- Discovery provides for exchange of document or expert summaries
- Trial
- Burden (Onus) of proof is on Plaintiff
- Judgment
- Appeal
- Execution
Alternative civil procedure (application procedure)
Founding affidavit
Answering affidavit
Replying affidavit
