JUR110 (JUR110)

Explore the difference between custom and customary law and refer to the test as formulated in Van Breda v Jacobs, define customary law, distinguish between living and official customary law, examine when customary/indigenous law will apply to a dispute and investigate the impact of the Constitution and s.39(2) on customary law

Importance of legal history, phases of South African legal history

Questions and answers to help ace examinations and tutorial questions that cover the basics of jurisprudence 110.

Understand and distinguish between the types of constitutions, understand and discuss the structures of government that the 1996 Constitution creates, understand and discuss the constitutional recognition of traditional leadership and of eleven official languages, be able to explain the transformative nature of the Constitution, understand and be able to discuss transformative constitutionalism and substantive justice, explain what is understood as an African constitutional jurisprudence and an ...

Define and understand the hierarchy of the courts, understand what jurisdiction means and investigate the three factors that influence a court’s jurisdiction, apply these factors to the various courts, understand and explain the court structure, define a number of words and concepts, define the doctrine of judicial precedent, investigate where judgements can be found and which part of the judgement sets precedent by distinguishing between reported and unreported cases and ratio decidendi versu...

Understand and apply; the basic classification of law, the various subdivisions within each branch of law, how factual problems are allocated into particular branches of law, that a strict classification is not an accurate representation of law in context

Understand and explain when legislation will be passed, understand and explain the legislative process, investigate how legislation comes into force and stops being in force, define and understand amendments and repeals, understand and be able to explain and apply the theoretical approaches to the interpretation of statutes and understand and apply the techniques of interpretation and presumptions

Understand the idea of a social contract and the difference between a Western and African approach to it, investigate why we have ‘laws’ and what the law is, understand the South African legitimacy crisis, understand the relationship between law and morality, how law as a normative system is distinguishable from other normative systems in context of the change in the South African legal order, investigate the link and meaning between law and justice and understand the fallacy of legal certai...

- Understand who the role players are in the public and private spheres, understand what it means to be deemed ‘fit and proper’ and how this connects to possible professional and constitutional discrimination, understand the amendments to the Legal Practice Act 28 of 2014 and the implication thereof on the legal profession, investigate the impact of legal fees on access to justice and investigate some ethical questions and conduct that applies to the relationship between lawyer and client