JUR110
University of Pretoria (UP)
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Summary
Study notes on Law of Delict
Elements of a delict relevant cases Unlawfulness & general test Fault (dolus directus and dolus eventualis Negligence Causation Damage Possible test/exam question & previous test/exam questions
tanlanwebber
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Criminal law study notes
Criminal case vs. Civil case Sources of criminal law Specific crimes Elements of a crime Punishment and sentence The death penalty
tanlanwebber
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Jurisprudence - second year LLB
Jurisprudence notes taken from the slides and from the lectures as well as the textbook.
MBanks
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Jurisprudence - Post-Apartheid Legal Order and the Constitution
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 ...
MBanks
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jurisprudence - Courts, judicial precedent and case law
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...
MBanks
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Jurisprudence - Legislation
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
MBanks
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Jurisprudence - Customary Law
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
MBanks
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Jurisprudence - Introduction to Jurisprudence
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...
MBanks
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Jurisprudence - Chapter 14/ unit 2
- 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
MBanks
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Jurisprudence - The Historical developments in South Africa
Understanding; the importance of legal history, the historical influences on the development of the South African Legal System, the importance of legal history, the historical influences on the development of the SA legal system, the different ways of conceiving of the history of SA and why SA law may be considered as a product of conquest
MBanks
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Jurisprudence - Sources of South African Law
- Distinguish and understand he different sources of law and the relative importance of each, define the sources of law according to your text book and identify them in a scenario, understand and distinguish between primary and secondary sources of law, understand the difference between codified and uncodified law, understand and critically discuss the Constitution as single system of law and understand and be able to apply s.39 (2) to a legal problem
MBanks
Class notes
Jurisprudence - Introduction to Jurisprudence
Detailed descriptions of understanding the idea of a social contract and the difference between a Western and African approach to it, Investigating 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 understa...
MBanks
Class notes
Jurisprudence - Common law
Detailed descriptions include investigating and defining the meaning of common law, determining when the common law is applicable and where to find it, understanding the relationship between the common law and legislation, discussing the relationship between the Constitution and the common law and looking at some examples from case law of how the courts transform the common law
MBanks