SKILLS COURSE FOR LAW STUDENTS NOTES
UNIT 1: WHAT IS LAW?
What is law?
A closer look at this definition shows a number of important points or characteristics:
● Law is a system of rules (however, not all systems of rules are law);
● The rules are recognised by the state (not religion, science, or sporting
codes);
● The rules are meant to control human actions (in relation to society, things,
the environment);
● The rules are enforceable
It is not neutral. It always carries the values of those who have the power.
What is a state?
> A non-physical entity, an abstract notion or phenomenon.
> created by citizens through their deemed agreement (i.e. social contract) in terms
of which they entrust their existence, power and resources to this imagined authority.
> Keeps law and order (protection) and providing other social / economic services.
> In the modern state, these roles are carried out by a government
(natural persons) who categorise their functions into the judiciary, executive and
Legislature (arms of government)
> “state” needs physical beings or human beings to act on its behalf (carry out its
functions - organs of state)
Therefore, “state capture” is an odd concept because the state has always been an
object of capture.
What is Government?
A group of people who have assumed the authority to run the affairs of the state.
The function of law:
Maintains peace & order in society for legal subjects - individual to individual (e.g
Constitution and Bill of Rights)
Enforced by means of criminal sanctions (imprisonment, fine, correctional
supervision, community service)
Keeps order among individuals and between individuals and things/environments in
society.
Importance of skills
Praxis = the practical action of theory learnt
,UNIT 2: STUDY SKILLS
Concept of studying
Studying = self discipline in physically engaging with organising study materials
(books, cases, legislature) and using them to acquire knowledge for a certain
purpose.
“Banking education” is the result of a student studying without learning.
Learning = The result of studying - a process (subjective being)
● Questioning the information and, if necessary, changing or interpreting it.
● Gathering new ideas and information and making it one’s own.
● Relating that information to one’s own life, realities and experiences and
applying it in relevant situations in a meaningful way.
● Interacting or discussing with fellow students or the teacher, sharing ideas
and thus engaging in dialogue.
The studying process:
Exploration phase:
> Ensure that you have all the required study material.
> Contact fellow students to sort out problems.
> Discuss the topic with lecturers, etc.
> Identify and clarify difficult concepts.
> Get an overview of the content of the learning material.
> Identify questions you must answer.
> Make summaries for intensive study later.
Fixation phase:
> Consolidation of facts
> Summarising facts
> Supplementing and reviewing your notes.
> Memorisation/rehearsal without “banking education”
Testing phase:
> Asking yourself questions that cover the material
, Study environment:
a) Social space:
People that support your studies
Don’t distract you
b) Physical space:
Particular space where you study
Be comfortable
Good lighting and ventilation
Temperature control
No interruptions
No distractions
Motivation
External Motivation:
Negative external motivation:
- Anxiety to make you want to work
Positive external motivation:
- Rewards
Internal Motivation:
- Drive
- Long term goals
- Short term goals
Important things to consider:
1. Wants vs needs in to do list
2. Prioritising
3. Your lifestyle’s accommodation to your studies
4. Time management
5. Note making to determine importance of info in modules ; visual vs narrative
notes
6. Memorisation strategies: acronyms, associations, imagery
Study groups
a) Central figure model:
- The person in the middle is responsible for the flow of communication.
- This model is suitable for simple tasks.
- Disadvantage: central figure can be overloaded with information or he/she can
block the flow of information.
- Success: depends on the leadership abilities of the person in charge.
b) Decentralised groups model:
UNIT 1: WHAT IS LAW?
What is law?
A closer look at this definition shows a number of important points or characteristics:
● Law is a system of rules (however, not all systems of rules are law);
● The rules are recognised by the state (not religion, science, or sporting
codes);
● The rules are meant to control human actions (in relation to society, things,
the environment);
● The rules are enforceable
It is not neutral. It always carries the values of those who have the power.
What is a state?
> A non-physical entity, an abstract notion or phenomenon.
> created by citizens through their deemed agreement (i.e. social contract) in terms
of which they entrust their existence, power and resources to this imagined authority.
> Keeps law and order (protection) and providing other social / economic services.
> In the modern state, these roles are carried out by a government
(natural persons) who categorise their functions into the judiciary, executive and
Legislature (arms of government)
> “state” needs physical beings or human beings to act on its behalf (carry out its
functions - organs of state)
Therefore, “state capture” is an odd concept because the state has always been an
object of capture.
What is Government?
A group of people who have assumed the authority to run the affairs of the state.
The function of law:
Maintains peace & order in society for legal subjects - individual to individual (e.g
Constitution and Bill of Rights)
Enforced by means of criminal sanctions (imprisonment, fine, correctional
supervision, community service)
Keeps order among individuals and between individuals and things/environments in
society.
Importance of skills
Praxis = the practical action of theory learnt
,UNIT 2: STUDY SKILLS
Concept of studying
Studying = self discipline in physically engaging with organising study materials
(books, cases, legislature) and using them to acquire knowledge for a certain
purpose.
“Banking education” is the result of a student studying without learning.
Learning = The result of studying - a process (subjective being)
● Questioning the information and, if necessary, changing or interpreting it.
● Gathering new ideas and information and making it one’s own.
● Relating that information to one’s own life, realities and experiences and
applying it in relevant situations in a meaningful way.
● Interacting or discussing with fellow students or the teacher, sharing ideas
and thus engaging in dialogue.
The studying process:
Exploration phase:
> Ensure that you have all the required study material.
> Contact fellow students to sort out problems.
> Discuss the topic with lecturers, etc.
> Identify and clarify difficult concepts.
> Get an overview of the content of the learning material.
> Identify questions you must answer.
> Make summaries for intensive study later.
Fixation phase:
> Consolidation of facts
> Summarising facts
> Supplementing and reviewing your notes.
> Memorisation/rehearsal without “banking education”
Testing phase:
> Asking yourself questions that cover the material
, Study environment:
a) Social space:
People that support your studies
Don’t distract you
b) Physical space:
Particular space where you study
Be comfortable
Good lighting and ventilation
Temperature control
No interruptions
No distractions
Motivation
External Motivation:
Negative external motivation:
- Anxiety to make you want to work
Positive external motivation:
- Rewards
Internal Motivation:
- Drive
- Long term goals
- Short term goals
Important things to consider:
1. Wants vs needs in to do list
2. Prioritising
3. Your lifestyle’s accommodation to your studies
4. Time management
5. Note making to determine importance of info in modules ; visual vs narrative
notes
6. Memorisation strategies: acronyms, associations, imagery
Study groups
a) Central figure model:
- The person in the middle is responsible for the flow of communication.
- This model is suitable for simple tasks.
- Disadvantage: central figure can be overloaded with information or he/she can
block the flow of information.
- Success: depends on the leadership abilities of the person in charge.
b) Decentralised groups model:
