Unit 1: Introduction To The South African Legal System

Question 1

criminal law deals generally with:

Answer 1

conduct that is considered harmful to social order in which the guilty party may either be imprisoned or fined.

Question 2

civil law deals generally with:

Answer 2

the resolution of disputes between individuals or organisations in which a legal remedy (often monetary damages) is provided to the winning litigant

Question 3

law implies:

Answer 3

people are given (and are willing to accept ) a system of rules and guidelines which are enforced through social interaction and which will govern behavior.

Question 4

the purpose of the the law:

Answer 4

to regulate and mediate relationships between people

Question 5

the oxford English dictionary defines the law as:

Answer 5

“the system of rules which a particular country or community recognises to regulate the actions of its members and which it may enforce by the imposition of penalties.

Question 6

law can be made by the legislature (through legislation) by:

Answer 6

the executive branch of government who administer the law on a daily basis, and in doing so formulate decrees and regulations

Question 7

the judiciary who create:

Answer 7

binding precedents; decided cases on a particular topic by judges in Courts which in turn bind fellow judges to adhere to those decisions.

Question 8

the South African legal system developed from:

Answer 8

Roman Law

Question 9

Introduction of the Constitution:

Answer 9

1996

Question 10

The Constitution is:

Answer 10

the supreme law of the land

Question 11

the purpose of the Constitution:

Answer 11

establish and safeguard a demographic society in which all citizens are declared free, equally protected by law and enjoy a protected quality of life based on fundamental human rights.

Question 12

the Bill of Rights applies to :

Answer 12

every single person, every corporate entity, every elected official, all organs of state and every branch of government.

Question 13

Number of rights contained in the bill of rights?

Answer 13

Two.
First generation rights
Second generation rights

Question 14

First generation rights include:

Answer 14

the right to human dignity, the right to life, equality and freedom of religion, expression, freedom of movement and freedom to trade.

Question 15

Second generation rights include:

Answer 15

the right to housing, healthcare, food, water and education

Question 16

the Constitutional court functions largely as a Court of appeal, it does not hear evidence or question witnesses

Answer 16

the Court works with written arguments what are presented in order to expand on the issues that were raised before the original tribunal.

Question 17

Customary Law:

Answer 17

develops as a series of rules that apply to a particular society or community and which are respected and adhered to by its constituents.

Question 18

the Supreme Courts were created in terms of:

Answer 18

the Supreme Court Act 59 of 1959

Question 19

The Magistrates Courts were created in terms of:

Answer 19

the Magistrates Court Act 32 of 1944 (which was recently amended)

Question 20

South African Courts listed in their order of standing:

Answer 20

1. The Constitutional Court
2. The Supreme Court of Appeals
3. The High Courts
4. The Lower Courts

Question 21

The Constitutional Court is seated:

Answer 21

in Johannesburg

Question 22

The Supreme Court of Appeals:

Answer 22

the Court to which the High Court matters are appealed. it has its seat in Bloemfontein

Question 23

The High Courts:

Answer 23

13 Higher Courts: can give judgment in all proceedings, applications for sequestration, applications for curator-ship, liquidations of a company, business rescue proceedings and the validity or interpretation of a Will.

Question 24

the High Court has various officers (other than judges) whom assist in its duties:

Answer 24

the registrar, taxing masters, sheriffs and the Master’s Office.

Question 25

The lower Courts:

Answer 25

Magistrates Courts,
The Small Claims Courts,
Customary Law/ Tribal Courts of Chiefs and Head-men