ILW1501 - Introduction to Law (UNISA) Study Notes
1. Nature and Purpose of Law
Definition of Law: A system of rules created and enforced through social or governmental institutions to regulate
behavior.
Functions of Law: Maintains order, resolves disputes, protects liberties and rights, and establishes standards.
2. Sources of South African Law
Legislation: Laws enacted by Parliament.
Common Law: Law developed through court decisions and judicial precedents.
Customary Law: Traditional laws practiced by indigenous communities.
Constitution: The supreme law governing all other laws.
3. Divisions of Law
Public Law: Governs relationships between individuals and the state (e.g., Constitutional Law, Criminal Law).
Private Law: Governs relationships between individuals (e.g., Contract Law, Property Law).
4. Legal Personality
Natural Persons: Human beings with legal rights and duties.
Juristic Persons: Entities (like companies) recognized by law as having rights and duties.
5. Legal Procedures and Processes
Civil Procedure: Rules governing the process for civil lawsuits.
Criminal Procedure: Rules governing the process for criminal prosecutions.
6. Basic Principles of Constitutional Law
Supremacy of the Constitution: All laws and actions must conform to the Constitution.
Bill of Rights: Protects fundamental human rights.
7. Interpretation of Statutes
1. Nature and Purpose of Law
Definition of Law: A system of rules created and enforced through social or governmental institutions to regulate
behavior.
Functions of Law: Maintains order, resolves disputes, protects liberties and rights, and establishes standards.
2. Sources of South African Law
Legislation: Laws enacted by Parliament.
Common Law: Law developed through court decisions and judicial precedents.
Customary Law: Traditional laws practiced by indigenous communities.
Constitution: The supreme law governing all other laws.
3. Divisions of Law
Public Law: Governs relationships between individuals and the state (e.g., Constitutional Law, Criminal Law).
Private Law: Governs relationships between individuals (e.g., Contract Law, Property Law).
4. Legal Personality
Natural Persons: Human beings with legal rights and duties.
Juristic Persons: Entities (like companies) recognized by law as having rights and duties.
5. Legal Procedures and Processes
Civil Procedure: Rules governing the process for civil lawsuits.
Criminal Procedure: Rules governing the process for criminal prosecutions.
6. Basic Principles of Constitutional Law
Supremacy of the Constitution: All laws and actions must conform to the Constitution.
Bill of Rights: Protects fundamental human rights.
7. Interpretation of Statutes
