Interpretation of Statutes and Branches of Law (Video Notes)

A set of 25 practice Q&A flashcards covering branches of law, international and South African law, civil procedure, legal subjects, interpretation of statutes, and related concepts from the lecture notes.

What are the three branches of law discussed in the introduction?

International law, Foreign law, and South African national law.

What is international law made up of?

Treaties or international conventions agreed to by a number of countries; they are the same in all signatory countries.

Which organization controls international law and where is its headquarters?

The United Nations (UN); Headquarters in New York.

What court can take action against UN member countries for violating international law and where is it located?

The International Court of Justice in The Hague.

Can non-UN member countries have their cases heard by the ICJ?

Yes, they can agree to have their cases heard in this court.

In South Africa, how must international law be considered when interpreting the Bill of Rights?

Section 39(1) of the Constitution provides that international law must be considered when interpreting the Bill of Rights.

What is foreign law?

The law of countries other than South Africa; not binding on SA courts.

When do SA courts refer to foreign law?

When it is appropriate to do so.

What are the three parts of South African national law?

Public law, Private law, and Procedural law.

Name the three sub-branches of Public law.

Constitutional Law, Administrative Law, Criminal Law.

Name the six branches under Private law.

Mercantile Law; Law of obligations; Property law; Law of persons; Family law; Law of succession.

What is Procedural law primarily concerned with?

How legal rules are enforced and the steps when rights are infringed or threatened.

What are the two main paths of Civil procedure?

Action or trial procedure; Application procedure.

How many phases are there in Trial procedure and what are they?

Four: pleadings; trial; appeals and reviews; enforcement of court judgments.

What is a summons?

A document that contains the plaintiff's claim, served by the Sheriff of the Court.

What is a notice of intention to defend?

A document stating that the defendant will dispute the claim and defend the case.

What is a default judgment?

Judgment granted when the defendant does not defend or respond on time, with proof of service.

What is the standard of proof in civil cases?

Balance of probabilities; the plaintiff bears the onus.

What is the difference between an appeal and a review?

Appeal tests whether the previous judgment was correct in law (no new evidence); Review tests for bias/fairness or procedural errors.

What is the role of the Sheriff in civil procedure?

To serve the summons and execute enforcement by listing debtor's property.

Who is the judgment debtor and who is the judgment creditor?

Debtor pays; Creditor receives.

What is an affidavit and what is the founding affidavit?

A sworn written statement; the founding affidavit is the first affidavit issued with the notice of motion.

What is a juristic person?

An artificial person (like a company) with legal personality; can bear rights and duties.

What is the key difference between a company and sole proprietorships/partnerships regarding legal personality?

A company is a separate legal entity; sole proprietorships/partnerships are not.

What are real rights and personal rights?

Real rights: ownership against the world; Personal rights: rights against specific other people (e.g., contract performance).