Divisions of South African Law - Chapter 5 Introduction to Law 1501 (UNISA LLB) with 100% expert curated questions and answers (Guaranteed Pass)

Main divisions of law

Public & Private

Divisions of public law

International law ; Constitutional law ; Administrative law ; Criminal law ; Law of procedure

Subdivisions of Law of procedure

Civil & criminal procedure, law of evidence

Divisions of private law

Law of persons ; Family law ; Law of personality ; Law of patrimony

Subdivisions of Law of Patrimony

Law of property ; Law of successions (Testate succession & Intestate succession) ; Law of obligations (Law of contract, Law of delict, Enrichment)

Other areas of Law

Mercantile law ; Labour law ; Conflict of laws ; Legal philosophy

Public International Law

Law that governs relationships between governments/states

Constitutional Law

Concerned with the institution of the state(how state is formed) and its organisation. Governs powers of state organs. (Parliament, courts, cabinets)

Administrative Law

Controls the administration of the state in general. Determines the way state bodies, departments, boards and ministers exercise their power, especially in relation to citizens.

Criminal Law

States which acts are crimes and what punishments are imposed by the state for commission of these crimes. Provides legal definition for every act that is regarded as a crime

Elements for the commission of a crime

Act/omission ; that is unlawful ; where accused is at fault

Law of civil procedure

Concerned with procedures of bringing civil matters before a court (ex. how summons must be served on the defendant ; how and when pleading must be drawn up and lodged ; how to approach the court for a court order ; what the jurisdiction of each court is ; each party must be heard)

Law of criminal procedure

Concerned with the way someone who is suspected of committing a crime is prosecuted and tried

Law of evidence

How evidence must be presented before the court. How witnesses must give their evidence in court and what kinds of evidence are admissible

Law of persons

Concerned with the persons as subjects of the law: legal subjects beginning, status and end

Family law

Concerned with legal relationships between spouses, parent and child, and guardian and child. Governs marriage and its consequences and relationships within the family

Law of personality

Concerned with 'personality rights'. (ex. Rights regarding our body, reputation and dignity).

Law of patrimony

Concerned with persons and their means

Law of property/things

Movables/immovables. Ownership is the most comprehensive right in property. (Limited in certain circumstances; may not infringe upon rights of others)

Law of succession

Concerned with who inherits from a person who dies.

Testate succession: person dies with a written will

Intestate succession: person dies without valid will; property is given away in accordance with rules of intestate succession

Law of obligation

Obligation: legal relationship between 2 or more party.

Each party has a mutual right against the other party for performance and each party has a corresponding duty to perform

Law of contract

Agreement between 2 or more parties in which mutual obligation comes into existence.

Deals with the requirements for the conclusion of contracts, rights and duties created by a contract and termination of contracts

Law delict

Delict: an unlawful act by one party that causes damages to another.

Party who suffers damages will want to claim damages and compensation from the one that caused it

Delict creates obligation; right to claim compensation, corresponding duty to compensate

Unjustified enrichment

No one may be enriched, without justification, at the expense of another

Mercantile/Commercial law

Relates to the broad field of commerce (company law, insolvency, negotiable instruments, tax law)

Both public and private

Labour law

Governs the relationship between employers and employees

Includes all labour legislation

Both public and private

Conflict of laws (private international law)

Concerned with the question of which private-law system applies if more than one is involved

Legal philosophy/Jurisprudence

a school of thought (method of reasoning) concerning the purpose of law and how it should operate

Positivism, natural-law approach, feminism, critical legal studies