The Written Laws of Business

Question 1

What is the 3 major legal systems in the world

Answer 1

1. Civil Law
2. Common Law
3. Moral Law

Question 2

Which is the most widespread system of law

Answer 2

Civil Law

Question 3

What is Civil Law

Answer 3

is the norms and rules regarding how people/group of people behave towards each other

Question 4

What is SA Common Law

Answer 4

Roman-Dutch

Question 5

Why is there a NCA (National Credit Act)

Answer 5

to avoid abuse and create institutions to assist an over-indebted consumer

Question 6

What is the two main categories of our law

Answer 6

Substantive law (determine the content and meaning of different legal rules)
Adjective laws (Determines how substantive rules are enforced)

Question 7

What is the use of the 2 categories

Answer 7

regulate society by indicating what behavior by legal subject

Question 8

Name the 2 divisions of law

Answer 8

Public & Private

Question 9

What is Public

Answer 9

regulates the relationship between state & legal subjects

Question 10

What is Private

Answer 10

regulates the relationship between legal subject and other legal subjects in society

Question 11

Name some Public

Answer 11

Public international law
Constitutional law (bill of rights)
Administrative law (executive authority of state)
Criminal law
Procedural law (criminal & civil proceedings)
Evidence

Question 12

Name some Private

Answer 12

Persons
Family
Property
Succession (disposition of estates)
Immaterial property law
Law of Obligations
Corporate law
Labour law

Question 13

3 Spheres of state

Answer 13

National government
provincial government
Municipal government

Question 14

State power

Answer 14

legislative
executive (rule by President/cabinet)
judiciary (legal dispute in court)

Question 15

Human Rights

Answer 15

1. Right to equal/protection against discriminations
2. Human dignity
3. to life
4. to freedom and security
5. not to be subjected to slavery
6. to privacy in body, home and relationship
7. freedom of conscience, religion
8. freedom of expression
9. assembly, demonstration
10. political rights
11. freedom of movement and residence
12. freedom of trade, occupation and profession
13. labour rights
14. clean and non harmful environment
15. property rights
16. housing
17. Healthcare, food water & social security
18. education
19. culture, religion and language
20. access to information
21. administrative action
22. access to courts
23. arrested, detained and accused

Question 16

What is the Stare decisis rule

Answer 16

to stand by your previous

Question 17

Constitutional Court

Answer 17

highest court in SA, 11 judges exclusive jurisdiction to deal with disputes between organs of state, constitutionality of acts/bills

Question 18

Supreme Court of Appeal

Answer 18

requires referral by court a quo (court of the first instance) 3-5 judges (Bloemfontein)

Question 19

High court

Answer 19

Service Rural areas
14 Provincial 
Eastern Cape
Free state
WCP
KZN
Eastern Cape 
South Gauteng ( JHB)
NC

Question 20

Magistrate court Criminal

Answer 20

Criminal & Civil
Criminal (Regional) rape up to 15 years fines up to R300K
Criminal (District) Excl treason/rape up to 3 years and R60K

Question 21

Magistrate Court Civil

Answer 21

District up to R100K
Regional R300K, custody, divorce, adoption
Small claims court R15K

Question 22

What is the Civil procedures

Answer 22

1. Summons
2. Appearance to defend
3. Request for further particulars by defendant
4. reply to request to plaintiff
5. Plea and counterclaims
6. Discovery provides for exchange of document or expert summaries
7. Trial
8. Burden (Onus) of proof is on Plaintiff
9. Judgment
10. Appeal
11. Execution

Question 23

Alternative civil procedure (application procedure)

Answer 23

Founding affidavit
Answering affidavit
Replying affidavit