BUSL6222 Legal Lecture Notes Flashcards

Comprehensive vocabulary flashcards covering the basic principles of South African law, court structures, contract law, and legal processes as described in the BUSL6222 lecture notes.

Law

A set of rules made by the State or government that control how people behave in society, determining duties, obligations, and rights.

Legal

Something that relates to the law or is allowed by law.

Morals / Ethics

Personal beliefs about right and wrong that are subjective and not necessarily legally punishable.

Legislature

The arm of government responsible for making laws; in South Africa, this is Parliament.

Executive

The arm of government consisting of the President and Ministers that develops, implements, and puts legislation into practice.

Judiciary

The court system that determines if laws have been followed, interprets laws, and holds people responsible for breaking them.

Customary Law

Traditional laws developed by indigenous people based on beliefs, practices, and oral traditions, recognized by the South African Constitution.

Roman-Dutch Law

The legal system brought to South Africa by Dutch settlers in 1652.

Parliamentary Sovereignty

The system before 1994 where Parliament was the supreme law-making power and courts could not overrule its laws.

Constitutional Supremacy

The current South African system where the Constitution is the supreme law and all branches of government must comply with it.

Primary Sources of Law

Authoritative sources including Legislation, the Constitution, Common Law, Customary Law, and Judicial Precedent.

Secondary Sources of Law

Non-binding sources that help explain or persuade, such as academic journals, textbooks, and foreign law.

Legislation

Acts or Statutes passed by Parliament at National, Provincial, or Local levels.

By-laws

Laws created by local government that apply to a specific town or local area.

Ultra Vires

A Latin term meaning 'beyond the powers'; refers to an act where a law-making body exceeds its granted legal authority.

Common Law

A collection of legal principles developed over time through court decisions and European legal influences.

Judicial Precedent

The principle that similar cases should generally be decided in a similar way to promote consistency and fairness.

Stare Decisis

The legal principle that courts should follow previous decisions in similar cases.

Ratio Decidendi

The legal principle or reasoning from a judgment that creates a binding precedent for future cases.

Foreign Law

The law of another country, which South African courts may consider under Section $39(1)(c)$ of the Constitution.

International Law

Law governing relationships between nations and international organizations, which courts must consider under Section $39(1)(b)$.

Onus

The responsibility or burden of proving something in a legal case.

Jurisdiction

The power or authority of a court to hear a particular matter and make certain orders.

Civil Case

A private law dispute (Plaintiff v Defendant) where the goal is to compensate or restore the innocent party using the balance of probabilities.

Criminal Case

A public law matter (State v Accused) where the state seeks to punish a wrongdoer based on proof beyond reasonable doubt.

Small Claims Court

A court dealing with civil claims of $R20\,000$ or less, where lawyers are not allowed and proceedings are informal.

District Magistrates Court

An inferior court handling civil claims up to $R200\,000$; it cannot hear murder, rape, treason, or divorce matters.

Regional Magistrates Court

An inferior court that can hear almost all criminal matters except treason and can handle divorce matters.

Supreme Court of Appeal (SCA)

Located in Bloemfontein, this court hears non-constitutional appeals from across South Africa.

Constitutional Court

Located in Braamfontein, it is the highest court in SA for constitutional matters and protects fundamental rights.

Public Law

Regulates the relationship between the government and its citizens, including Constitutional, Administrative, and Criminal law.

Private Law

Deals with legal relationships between private individuals, including Mercantile, Property, and Family law.

Procedural Law

The branch of law explaining the steps and rules for enforcing legal rights and remedies.

Plaintiff

The person or party who initiates a civil case.

Defendant

The person or party being sued in a civil case.

Summons

A document issued by a plaintiff's attorney and served by the Sheriff to start a civil action.

Plea

The defendant's response to a summons, in which they may admit, deny, or bring a counter claim.

Balance of Probabilities

The standard of proof in a civil case, determining which version of events is more probable.

Warrant of Execution

A court order allowing the Sheriff to sell a debtor's property to satisfy a judgment.

Affidavit

A written statement made under oath before a Commissioner of Oaths.

Ex Parte Application

A legal application made to the court without giving notice to the other party.

Natural Person

A human being recognized by law as having legal rights and duties.

Juristic Person

An artificial entity created or recognized by law, such as a company or municipality, possessing legal rights and duties.

Grammatical Interpretation

A method of statutory interpretation focusing on the ordinary and current meaning of the words.

Teleological Interpretation

Interpreting legislation according to the values contained in the South African Constitution.

Obligation

A legal relationship between legal subjects that creates rights for one party and duties for another.

Real Rights

Rights relating to a physical thing, such as ownership, which are enforceable against everyone.

Personal Rights

Rights relating to performance by another specific person, often arising from a contract.

Contract

An agreement between two or more people with the serious intention of creating legally enforceable obligations.

Consensus

A meeting of the minds where all parties agree on the rights and duties being created.

Animus Contrahendi

The serious intention to contract and be legally bound.

Infant

A child under $7$ years old who has no contractual capacity.

Minor

A person between the ages of $7$ and $18$ who has limited contractual capacity.

Void Contract

A contract that is invalid from the beginning (ab initio) and cannot be enforced.

Voidable Contract

A contract that is initially valid but may be set aside by an innocent party due to improper consensus (e.g., fraud or duress).

Ratification

The process of making a previously invalid contract valid from the beginning by fixing the error later.

Restitutio in Integrum

A remedy that returns parties to the position they were in before the contract (status quo ante).

Unjustified Enrichment

Occurs when one person's financial position increases at another's expense without legal cause.

Marriage in Community of Property (ICOP)

The automatic marriage regime where spouses' estates are joined and profits and losses are shared.

Antenuptial Contract (ANC)

A contract entered into before marriage to keep estates separate or include an accrual system.

Insolvent Person

A person declared insolvent by the High Court because their liabilities exceed their assets.

Offer

A clear declaration by an offeror of their intention to enter into a contract on specific terms.

Acceptance

A clear and unambiguous communication by the offeree agreeing to all terms of an offer.

Information Theory

The general rule that a contract is concluded when and where the offeror becomes aware of the acceptance.

Caveat Subscriptor

A legal principle meaning 'let the signer beware,' stating that a person is generally bound by what they sign.

Misrepresentation

An untrue statement made during negotiations that induces a party to enter into a contract.

Duress

Unlawful threats or violence used to force someone into a contract against their will.

Undue Influence

When one party uses their power over a weaker party to cause them to enter into a contract against their best interest.

Rectification

A remedy used to correct a written document that does not reflect what the parties actually agreed to verbally.

IRAC Method

A method for answering legal applications consisting of identifying the Issue, Rule, Application, and Conclusion.