History and Sources of South African Law

These flashcards cover key vocabulary and concepts from the lecture on the history and sources of South African law.

Roman Law

The legal system that existed in Rome from about 753 BC to 565 AD, involving significant developments such as the Twelve Tables.

Roman-Dutch Law

The legal system that combines elements of Dutch law and Roman law, forming the basis of South African common law.

Sources of Law

The origins from which law is derived, including customs, legislation, and court decisions.

Legislation

Laws enacted by a governing body, such as Parliament.

Customary Law

An unwritten set of principles that are accepted as legal rules over time through practice.

Legal Rights

Interests that are legally protected and enforceable against others.

Burden of Proof

The obligation to prove one's assertion in legal proceedings, such as 'beyond reasonable doubt' in criminal cases.

Civil Court

A court where legal disputes between individuals are resolved, involving plaintiffs and defendants.

Criminal Court

A court where the state prosecutes individuals accused of violating criminal laws.

Precedent (Stare decisis)

The legal principle of determining points in litigation according to precedent.

Constitutional Court

The highest court in South Africa that oversees constitutional matters.

Intellectual Property Rights

Legal rights concerning creations of the mind, such as copyrights and trademarks.

Higher Courts

Courts such as the Constitutional Court and Supreme Court of Appeal that handle appeals and significant cases.

Lower Courts

Courts that handle less complex cases, such as Magistrates' Courts.

Legal Subject

An individual or entity that has legal standing and can engage in legal actions.

Legal Object

The thing or subject of a legal relationship that has legal significance.

Corpus Juris Civilis

The body of civil law compiled under the direction of Emperor Justinian I in the 6th century, which serves as a foundation for modern civil law systems. The codification had four parts

The Codex

A collection of imperial legislation, included laws issued by Roman emperors and organized and consolidated existing laws.

The Digesta (or Randects)

A compilation of writings and opinions pf Roman jurists (legal experts), selected extracts from important legal scholars and explained and interpreted legal principles.

The institutes

A textbook for for law students, explained the basic principles of Roman law and used for teaching and learning.

The Novallae

A collection of new laws issued after the codex, reflected legal development during Justinion’s reign.

South African Law

The legal system of South Africa, which incorporates Roman-Dutch law, indigenous law, and statutory law.

Coercive ( peremptory) rules

Are rules that require compliance and can impose sanctions on those who fail to obey.

Regulatory rules

Are rules that allow people to decide to obey them or not’ apply only when parities choose to follow them.

Rights

A right is legally protected interest that a person has in an object or thing , which can be enforced against others.

Real rights

The right to a physical ( corporeal) thing

Personal rights

A personal right is a right to claim performance from another person

Personality rights

Are rights that protects aspects of a persons personality such as dignity, honor, reputation and bodily integrity.

Custom to be Valid Law it must:

1 Be reasonable

2 Exist for a reasonable period

3 be generally recognized in the community

4 It must be certain and clear

Legislation made by different Authorized Bodies:

Parliament

Provincial legislatives

Subordinate legislatives bodies( municipalities)

Parliament

Parliament of South Africa is the highest legislative authority and consists of: The National Assembly and The National Council of Provinces

Provincial legislation

The South African nine provinces cam poses laws within constitutional limits.

Subordinate legislation

Parliament may delegate low-making power to ministers or local authorities.

Other specialized courts

Small claims court South Africa

Labour Courts

Tax Courts

Equity Courts

Appeals

A legal process where a higher court reviews the decision of a lower court to determine if there were errors in the application of law.