SCL1501 Skills Course for Law Students Review

These vocabulary flashcards cover the key concepts, legal actors, and core skills described in the SCL1501 study guide, including study methods, reading legal texts, litigation processes, and numeracy.

Law (Strict Sense)

The body of rules governing human conduct that is recognised by the state and, if necessary, enforced.

Legal Order

A system where citizens perform duties like paying taxes and respect the rights of others as required by the state.

Anarchy

A situation of lawlessness characterized by total disorder and a lack of rules.

Praxis

The integration of action and reflection upon the world in order to transform it, as defined by Paulo Freire.

State

A non-physical entity or abstract phenomenon created by citizens through a social contract to control resources and maintain order.

Government

Natural persons acting as the physical proxies or arms of the state to execute its functions.

Criminal Law

The body of law that applies when conduct disturbs the peace, resulting in the state prosecuting the individual for a crime.

Civil Law

The body of law that protects the rights of individuals and regulates the relationships between members of a community.

Delict

The act of disturbing or harming another person's right in a civil context, leading to potential liability.

Studying

Self-disciplined work that involves finding and reading textbooks, organising notes, and preparing for assessments.

Learning

An active process and impact of studying on a student that results in a more or less permanent change in the learner.

Banking Education

A system where students are treated as empty vessels to be filled with information deposited by teachers without critical reflection.

Conscientisation

A form of education where both students and teachers are subjects in critically unveiling reality and recreating knowledge.

Exploration Phase

The initial stage of the study process involving planning, getting an overview of material, and identifying difficult concepts.

Fixation Phase

The stage of the study process involving intensive reading, consolidation of facts, and summarising material.

Testing Phase

The final stage of the study process where a student assesses their grasp and understanding of the material.

Acronym

A memory strategy involving a combination of letters where each letter serves as a cue for an item to be remembered.

Legislation

A general term for Acts of Parliament, Provincial Acts, and Municipal by-laws published in a Government Gazette.

Preamble

An introductory statement in an Act of Parliament that explains the document's purpose and underlying philosophy.

Law Reports

Commercially published volumes (e.g., SA, SACR) that contain selected important court decisions.

Court of First Instance

The court in which a specific legal case was heard for the first time.

Court a quo

The court from which a case originated before it was brought to the present court on appeal.

Flynotes (Catch Phrases)

Important points of a judgment separated by dashes at the beginning of a reported case to provide a rough overview.

Headnote

A summary of a case written by the editor of the law reports, including the area of law and the court's finding.

Ratio decidendi

The reason for the court’s ruling which creates a binding precedent for future cases.

Obiter dictum

A remark or statement made in passing by a judge that does not establish a binding precedent.

Stare decisis

The legal principle of abiding by decided decisions or following precedent.

Non-verbal Communication

A way of sending and receiving messages without using words, including body language, facial expressions, and clothing.

Interviewing

A communication skill used to establish relationships with clients, identify issues, and obtain detailed information.

Deductive Reasoning

A form of logic where the conclusion follows directly and fully from the premises: $P_1 + P_2 \rightarrow C$.

Inductive Reasoning

A form of logic where the conclusion goes beyond the premises and deals with probabilities or laws of nature.

Non sequitur

A logical fallacy where the final conclusion does not follow from the premises provided.

Argumentum ad hominem

An irrelevant argument that attacks the person making the claim rather than the argument itself.

Litigation

The process of taking legal action, specifically representing a client's interests in a court of law.

Opening Address

The initial stage of a trial where a legal representative introduces the parties and the issues in dispute to the court.

Examination-in-chief

The stage where a lawyer questions their own witness to tell their story logically without using leading questions.

Cross-examination

The questioning of the opposing side's witness to challenge their credibility or the accuracy of their testimony.

Heads of Argument

A written summary of the principal points of submission, including facts, law, and the specific order requested by the practitioner.

Legal Practitioner

The current unified term for attorneys and advocates as defined by the Legal Practice Act 28 of 2014.

Attorney

A legal practitioner who works directly with the public, handles general legal matters, and requires a fidelity fund certificate.

Advocate (Counsel)

A legal practitioner who typically works on referral/briefs from attorneys and specialises in litigation and High Court appearances.

Paralegal

A person who works beside attorneys to assist with tasks such as research, debt collection, and managing professional practice.

Notary Public

An attorney admitted by the High Court to perform specialized duties such as verifying the authority of persons and executing specific legal documents.

Conveyancer

An attorney admitted by the High Court to transfer immovable property and register ownership change with the Registrar of Deeds.

Pupillage

A period of unpaid training and mentorship where a trainee advocate, called a pupil, works under an experienced master.

Registrar of the High Court

An official responsible for court administration, including issuing summonses and compiling the court roll.

Clerk of the Court

An official appointed to control the administration of a magistrate's court.

Numeracy

The ability to understand and manipulate numbers, statistics, graphs, and calculations in practical contexts.

Assets

Possessions owned by an individual or entity, such as cash, property, and insurance policies.

Liabilities

Monetary debts or financial obligations owed by an individual or business.

VAT (Value Added Tax)

A tax added to products or professional services, currently calculated at $15\%$ in South Africa.