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scl1501 Study Notes PDF
scl1501 Study Notes PDF
NOTES
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STUDY UNIT 1
The concept of law
What is Law
The Law is the system of legal rules recognised and enforced by the government to control human
behaviour.
It has to be noted that the LAW CREATES DUTIES (OBLIGATIONS) AND RIGHTS between individuals,
state and individuals.
Explain why it is necessary for law students to differentiate between the law and rules
FUNCTION OF LAW
1. The Law protects rights from between tampered with thus preserves harmony in the social order by
maintaining the equilibrium between the individual’s interests and those of the government.
2. The Constitution ensures that the human rights of individuals will be safeguarded from random
intrusions by the state, other individuals, groups and other dominant organisations. (Refer to Section 7 of
the Constitution)
Several laws (besides the Constitution) protect the interests of members of society in specific spheres that
are subject to these laws. (Subject to the underlying principles of the Constitution and the Bill of Rights)
(E.g. Indigenous law, law of delict, criminal law etc.
3. The circumstances, the type of misconduct/offence and the persons involved will determine the kind of
protection provided.
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4. Criminal law will be applied to an individual whose misconduct has resulted in a crime that has upset
society’s peace and balance. The state (on behalf of society) will institute legal proceedings through the
criminal courts, against the offender. A criminal sanction /punishment according to the law will be applied
against that person, if found guilty.
IMPORTANCE OF SKILLS
As a law student, you are not only supposed to know the law or its content but also expected to
have certain skills in order that you succeed
RESEARCH
WRITING
NUMERIC
Lawyers should be able to access the law that is finding and using it effectively in practical situations.
Application forms the bases of a legal career thus a lawyer is expected to apply knowledge in practical
situations for instance when interviewing clients, in a trial and drafting documents etc.
Lawyers should be able to construct, sustain sound arguments and apply the legal rules. Lawyers need skill
so that they will be in a position to evaluate facts and find and analyse critically the fields and sources.
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Skill are crucial to law students in the sense that students need the ability to study effectively thus to access
the knowledge of the law and apply it in scenarios.
Fine
Imprisonment
House arrest
This concept provides that in every aspect of thinking it should be accompanied by action and application. It
can be define as the action reflection of persons upon the world. Active reflection and reflective action is
required.
Praxis is the process by which a theory, lesson, or skill is enacted, embodied, or realised. "Praxis" may also
refer to the act of engaging, applying, exercising, realizing, or practising ideas. Praxis may be described as
a form of critical thinking and comprises the combination of reflection and action. Praxis can be viewed as a
progression of cognitive and physical actions:
STUDY UNIT 2
STUDY SKILLS
Learning is an active process which involves a lot of activities and the student participate actively in the
process as a subjective being.
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Define Bank Education.
Bank education refers to the mere adsorption of information in the sense that as a pupil your knew nothing
and brain was empty and the teacher was expected to fill it with information which must stuck in the brain
until examination time when it should be regurgitated on the examination answer sheet . In other words
facts are deposited into the pupil’s brain until they are withdrawn at the right time for a certain purpose.
Study Process
1. The exploration phase: entails the generalising of activities to find information about the topic.
Getting background information to become familiar with the work. Start to plan and manage time,
contact fellow students to sort out problems, discussing the topic, identify and clarify difficult
concepts, get an overview of the content, make summaries to study later
2. The fixation phase: Getting to grips with the real content and doing intensive reading. Full
concentration on detail. Consolidation of facts to fully understand material, summarize facts to
capture most important elements, memorise and rehearse to absorb the facts
3. The testing phase: To assess understanding of the material. Asking questions that cover the
material studied. May utilize ‘action words’ (compare, discuss, criticise, and explain).
Study Environment
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Physical space: a particular place, be comfortable, proper lighting and ventilation, temperature
control, no interruptions, no distractions
Motivation
Two perspectives:
1. External motivation
Extrinsic motivation stems from the outside of the individual (Outside influence or consequences)
Positive external motivation: if you pass you will get a bursary; if you pass with distinction you will get
promoted
Negative external motivation: if you do not pass you will not be allowed to further register / get a bursary
2. Internal motivation
Intrinsic motivation stems from the inside that is a student motivates himself/herself to succeed.
Intrinsic to the individual to achieve personal long or short term goals
Long-term goals: over a time period (months or years) with tools (signposts) to help reach them
Short-term goals: also referred to as objectives (minutes, hours, days)
Learning contract: practically writing down an agreement that help you stick to your program of study
placed somewhere that helps reminding you of your goals and commitments.
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6. WRITE THE EXAMINATION
Time Management
Joseph is your friend studying at University of Pretoria, he has the following hurdles as regards to
his studies postponing work and procrastination. He only works under pressure and imbalance in
terms of time allocation. Advice him based on your knowledge for Skills Course for Law Students. >
Advise Joseph on how to do time planning and prioritising activities.
Prioritising Activities – When you prioritise you look at the time available at your disposal and allocate
that time in accordance to importance and urgency of your activities.
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The ability to effectively prioritise one’s activities to have balance in work, study, rest and play.
Prioritise things or activities (Having a list of wants and should do’s)
Time planning by utilising for instance Timetables (to help deal with procrastination, working only
under pressure, imbalance into. time allocation).
o Burns and Sinfield lists things to consider when planning timetables:
Morning, afternoon or night person? Fitting study around maximum performance times
Time with friends and family? Time for work and chores?
Can you keep your hobbies or interests going during this time?
Time for rest and reading.
When you prioritise you decide what is or not important to you, then firstly you do the important thing first.
Study Groups
Come learn with me and we shall be exemplars of proficiency. But if you yearn to be alone, then you
must learn it on your own.
(REPRESENTATIVES OF PROFICIENT)
How can study groups assist you to be exemplars of proficiency?> write the advantages of study
groups in connection to how one may succeed by working in groups
Without reproducing the study guide, list the cons of study groups.> write the disadvantages of study
groups.
Humans are naturally group orientated. In most cases we identify with groups and are often part of groups.
We acquire and/or learn most things from our fellow humans – often this learning occurs unconsciously or
indirectly
Belonging to a group helps us develop most of our thoughts, social skills and other behavioural patterns.
What makes a group work? The key feature of functional groups is the element of respect and integrity.
Important characteristics of a functional group:
Understand common objective
Observe basic house rules (speak one at a time, punctuality, prepare, etc)
Have roles defined (chairperson, scribe, time keeper, organiser, etc)
The group must be manageable – normally between 3-5 members
Each member to contribute to discussions
Must work co-operatively with preparedness
Constructive criticism is crucial
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Benefits of a study group:
Can serve as a pool of motivation
Provide confidence to engage / participate in discussion
Different ideas and perspectives help better understanding
Comparing and discussion help to clarify issues and get better understanding
Select a way or model of a group work (study group), and explain why you think it is an effective
way of making a group function
b) Decentralised Groups
Communication flows freely between members
Suitable for small groups
Fairly unstructured and can therefore lead to ‘’talk shows’’ without a leader
Note-making
Suggests writing down the important points and leave out the less important points.
It is therefore important to have sound reading skills in order to make notes.
One cannot make correct notes if one does not UNDERSTAND the material read.
Different reading techniques: speed-reading, skimming, scanning and study reading
For notes to be adequate and effective, they must contain main ideas, details and illustrations/
examples
Study methods
Mnemonics / memory strategies: strategy to recall certain words, figures, keywords, etc. Example:
Acronyms: a combination of letters that is utilised to memorise a list of words/phrases (BODMAS)
Classification: rearranging information in the order that will make it easier to remember by grouping relevant
or associated pieces of info together
Summaries:
What should you bear in mind when summarizing a text?
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Short/brief way of representing the contents of original text – only main important ideas
Do not change the content and ideas of the original text
Read whole text to understand full topic
Find key points and identify keywords
Write in simple language, be objective and factual
ACTION WORDS:
STUDY UNIT 3
READING SKILLS
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An Act of Parliament consists of certain parts. Name and describe any part
Preamble – is an introductory statement in a document that explains the purpose of the document and the
underlying philosophy.
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(a) The short title of the Act is: the Electronic Communications Act, 2005. and sec 98.
(b) You approach an Act by reading the signed text. In our example, the English text was signed by the
President; and the Act was approved on 11 April 2006. The Act was published in the Government
Gazette on 18 April 2006. Sometimes an Act becomes effective on the same date as it is published in
the Government Gazette, but at other times it is indicated in the Act when it will be effective (sec. 98 of
the Act). Always make sure that an Act is effective before referring to it.
(c) The long title of the Act explains the purpose of the act.
(d) Chapter 1, the Definitions where technical and difficult terms or comprehensive phrases in the Act are
explained.
(e) Section
(f) Subsection EXAMPLE
(g) Paragraph Sec 4(1) (a) (i) of Act 36 of
(h) Sub paragraph
When interpreting an Act, what presumptions should be taken into consideration as per the
Interpretation Act 33 of 1957?
Legislation is presumed to only apply to future events and not retrospectively.
Legislation is presumed not to change existing laws unless it states so explicitly.
It is presumed that legislation does not intend unreasonable or unfair consequences.
Legislation is presumed not to contain meaningless sections.
What is the short title of an Act and where do you find it?
Short title is the name of the Act and it can be found under the transitional sections provisions.
List of Latin phrases to know: check other term in the study guide.
Cur adv vult - the court wishes to its verdict; reserves judgement
Postea - afterwards
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Joseph reads through the case of Molefe v Mahaeng. He comes across the words “ cur adv vult and
postea. He wants to know the reason behind those words. Explain to him what would have
happened if those terms appear in a law report.
When verdict is given on a different day to the day on which the case was heard, the words cur adv vult will
appear. If these words are followed by the word postea which means that the court gave its judgment
afterwards that is not on the very same day when the case was heard.
Case name
Any reference to a particular case will always start with the name of that case; that is the names of the
parties (or persons) involved in the case.
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In action proceedings the procedure is started by way of a summons. This procedure (that is, action
proceedings) is used when there is a fundamental difference between the parties as far as the facts of the
case are concerned. In our example, there is a fundamental difference in the sense that the parties differed
on who caused the accident.
Molefe said the accident was the result of Mahaeng’s negligence, and Mahaeng said that he was not
negligent.
This case is another example of a civil case. However, here the application proceeding has been used. In
application proceedings the Latin words ‘‘Ex parte’’ (in the application) appear before the applicant’s name.
In other words, the name of the person who is bringing the application (the applicant’s name) immediately
follows these Latin words.
With reference to our example, Mr. Addleson brought an application to be admitted as an advocate.
In application proceedings, the procedure is started by way of notice of motion. Unlike in action
proceedings, this procedure (that is, application proceeding) is used when there is no fundamental
difference between the parties as far as the facts of the case are concerned. The parties, in other words,
more or less agree on the facts of the case.
Usually one party, namely the applicant, is involved, and it is that party who brings the application. If there
is another person who wants to object to the application, then that person would be indicated as the
respondent.
In our example, Mr. Addleson applied to be admitted as an advocate. If someone wanted to, such a person
could have objected to his (Mr. Addleson’s) application, and he/she would thus be the respondent.
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Law Reports:
SACR South African Criminal Law Reports. Only criminal law cases would be reported here
SA South African Law Reports
CLR Commercial Law Reports
SALLR South African Labour Law Reports
BCLR Butterworth’s Constitutional Law Reports
What is the meaning of meaning of court a quo and the court of first instance?
The phrase, the court of first instance, is used to refer to the court in which the case was heard for the
first time.
The court a quo (‘‘from where’’) is used to refer to the court where the case was heard before it came to
the present court on appeal.
This process may be illustrated as follows:
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Headnotes
The headnotes are also written by the editor of the law reports, who is employed by the publishers. The
headnote is a summary of the case. It includes all the aspects of the case that the editor considers to be
important. It usually includes the area of law that the case is concerned with as well as the ratio (see below)
of the case. Some sentences in the headnote start with the word ‘‘Held’’. This word indicates a finding of
the court. It usually takes the following structure or format: ‘‘the court held that ...’’. The headnote is useful
because it gives you an idea of what the case is all about. You should not always rely totally on the
headnote because the editor’s summary may be incomplete or inaccurate
Legal representatives
The names of the legal representatives; in other words, the persons who represented the parties in court,
appear after the headnote. The term, ‘‘legal representatives’’ refers either to advocates or attorneys.
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A case may sometimes be heard on one day and the judge is able to give his/her decision on the same
day. However, it often happens that the judge is not able to give his/her judgment on the same day on
which the case is heard. In such a situation the case would, therefore, be heard on one day (as discussed
above) and then judgment given on another day.
When judgment is given on a different day to the day on which the case was heard, the words ‘‘Cur adv
vult’’ will appear. This is short for the Latin curia advisari vult, which means ‘‘the court wishes to consider
the verdict’’. These words are followed by the word postea which is the Latin for ‘‘afterwards’’. After postea
you will see a date. That is the date on which the judgment was given.
Judgment
If in a particular case the word postea appears, the name of the judge will then appear again below it.
Where you see this name it is the point at which the judgment starts. The name of the judge is given to
indicate which judge gave the judgment, if there is more than one judge hearing the case.
Majority judgment
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A majority judgment means that the majority of judges who have heard a particular case give the same
judgment based on the same reasons. One judge gives the judgment and the others concur with it. The
ratio decidendi of the majority judgment creates the precedent to be used in future cases, and is binding.
It means that the decisions of high court are binding on low courts.
Minority judgment
In a minority judgment the judge disagrees with the majority and reaches a different conclusion. In such a
case a judge differs from the majority of judges as far as the judgment and the reasons for the judgment
are concerned. Such a judgment does not establish a precedent. It can, however, have persuasive force in
the future. It is also possible for a judge to concur with the minority judgment of another judge.
Separate judgment
Sometimes a judge does not disagree with the conclusion of the other judges, but has different reasons
for his/her judgment. Any reasons added by the judge for his/her judgment, do not establish a precedent.
The ratio decidendi is only to be found in the majority judgment. It is also possible for a judge to concur
with the separate judgement of another judge.
Order as to costs
What are orders as per cost?
After a case has been completed, the costs must be paid. The costs are the expenses involved in the case;
in other words, the expenses relating to the case, for example the account of the attorney and/or advocate.
The presiding officer (that is, the judge or magistrate) makes an order. This order will stipulate which party
has to pay which costs. Sometimes the one party is ordered to pay both his own legal representative’s
account, as well as the other party’s expenses. Sometimes each party must pay his/her own costs, or one
party may have to pay a certain portion of his/her own costs and the other party pays the rest. These orders
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are called ‘‘orders as to costs’’ and are given at the end of a case. Sometimes, no order as to costs is
made. Dismissed with costs: the appellant had to pay all costs
What are the four steps you will take when reading an article?
Read the title as well as the abstract
Skim read the article
Read the article again for detail
Read the article again including the footnotes, as footnotes sometimes contains valuable
information.
STUDY UNIT 4
COMMUNICATION SKILLS
1. Introduction
6. Litigation and
2. Non-Verbal
Advocating in a
Communication
Court of law
Communication
And litigation
Skills
5. Logic and
3. Interviewing
Arguments
4. Listening
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Non-verbal communication
What do you understand by non-verbal communication?
People usually communicate through verbal or written expression where sounds or works have specific
meanings
We can also communicate through our body language (facial expression, posture etc) without speaking (or
writing)
This unwritten, unspoken method "language" is called non-verbal communication
Non- verbal communication is important to lawyers because their work relies on credibility and persuasion
Persuading the client you can win his case and persuading the judge to accept the logic of your arguments
Non-verbal communication can contributes to the success or failure of the lawyer
Lawyers need to master the art of non-verbal communication to create credibility by the way they dress,
their attitude and by the unspoken message they give to the client and when appearing in court
Research indicates 35% of message is communicated verbally 65% non-verbal
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Research the applicable law. If, for instance, the matter is about your client’s dismissal from work,
you may have to refresh your knowledge of Labour Law.
Read textbooks on the issue and get relevant cases on dismissals and related topics.
Make sure the cases deal with facts similar to the ones regarding your case.
Jot down the relevant facts or aspects that you consider essential to the case, or that which you
think you might need to prove your case. These will inform the type of questions that you have to
ask.
Write down the relevant questions for the information you want to obtain from the person you are
going to interview.
Think of the possible questions that your opponent may ask your client. You will find this strategy
useful when you ultimately frame your questions during the interview.
When you meet the client or witness, try to make him/her feel at ease. It is at this stage that clients or
witnesses feel apprehensive, anxious or nervous. Make them feel that they are welcome, and that you are
willing to help them. In this regard you should note the following:
One of the approaches you may take is to start off by showing interest in the client or
witness.
Do not rush into the main issue that has necessitated the interview. You should allow them
to relax.
Enquire about his/her name, and how he/she would prefer to be called. Establish whether
he/she would like to be called, say, ‘‘Mr. Nkhwashu’’ or simply ‘‘Richard’’.
Talk about general things, eg what could be happening in the wider social sphere, like sport;
ask about his/her hobbies, where he/she lives, general information about his/her
background.
If possible do offer him/her tea, coffee or a soft drink.
If you are interviewing a witness, you need to tell him/her who you are acting for (ie your
client).
Reassure the witness about the confidentiality of the discussion or interview.
When the client or witness seems relaxed, you may get to the ‘‘real’’ questions relating to the matter.
Remember that this is what the whole interview is for. You should make sure that you get what you want
from the interview: For example, you may start of by saying:
‘‘We are preparing a court case regarding the collision that happened on the Lydenburg Road on 03
January 2007, and would like to get more information from you. We got your details from our client, Mr.
Peu, whose car was one of the cars involved; and he said you witnessed the collision and that you were
willing to assist the court in the matter.’’
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Thereafter you may get into asking the questions that require the more specific details regarding the matter.
In this respect you should consider the following points:
A safe approach is to ask the client or witness to give a short outline of what happened. You
should do this to give yourself the opportunity to get the general sense of the ‘‘story’’.
Take notes as he/she speaks so that you have the necessary information.
You may stop the witness if he/she speaks too fast or if you want something clarified.
After this initial run, you may politely ask him/her to start the ‘‘story’’ from the beginning (that is,
he/she should give an outline of the events again).
At this stage you should check inconsistencies, and whether there are any deviations.
You should, again, be free to stop him/her and politely ask him/her to clarify such deviations.
Take notes.
Remain focused on the facts or the ‘‘story’’. In this way you should be able to sift away his/her
emotions or opinions, and stick to the facts.
Finally, ensure that the client or witness gives you the information that is relevant to the
questions you considered before the consultation and that such information will help you
develop your argument as far as the ‘‘issues in dispute’’ are concerned.
We are preparing a court case regarding……. Matter related details (circumstance/ place/date) and
would like to get more information from you
Your details were given to us by …….. . He said you witnessed the ……… and that you were willing
to assist the court in this matter.
You can then ask the questions needed to obtain more specific information regarding the matter.
1. Ask the client or witness to give a brief description of what transpired as this will
provide you with an understanding of situation.
2. Take notes while the interviewee provides the information
3. Stop the person for clarification or if she/he speaks too fast
4. Ask the client/witness to repeat the brief description a second time
5. You can then check for inconsistencies or deviations
6. If you discern deviations or inconsistencies politely ask the person to stop and request
clarification on the issue – take notes
7. Remain focused on the facts as this will enable you to set the emotions aside
8. Apply your listening skills and techniques
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9. Ensure that the interviewee has provided the information in answer to the questions
you formulated prior to the interview which will assist you develop your argument with regards
the disputed issues.
OVERVIEW
Listening skills
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What is logic?
A.
DEDUCTIVE
REASONING
LOGIC AND
LEGAL
ARGUMENTS
B.
INDUCTIVE
REASONING
C. GENERAL
REMARKS
ARGUMENTATION forms the foundation for all forms of legal arguments or oral advocacy
THE ROLE OF A LAWYER is to solve a problem by applying relevant laws in an argument which
persuades the court of its validity so that you achieve your objectives
LEGAL ARGUEMENTATION is the action of the lawyer to apply the relevant law to a specific legal
problem
The ability to argue effectively depends on successfully creating a logical sequence of ideas which
lead to a likely or acceptable conclusion.
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WHAT IS LOGIC?
Logic has to do with the ability to solve problems by argumentation thus by using logic you are able to
persuade the courts about the validity of your argument.
Logic is the study of rational thinking and relates to the structure of valid arguments LOGIC is related to
the ability to solve problems by argumentation and good thinking WHAT IS AN ARGUMENT?
It is a web of statements in which one statement is made on the strength of the rest. The relationship
between the premise and the conclusion may take different forms. The best known forms of argument
are Deductive reasoning and Inductive reasoning.
If you know the premise you know the conclusion as it is almost a certainty
Example: All pears are fruits, all fruit grows on trees therefore pears grow on trees.
For an argument to be true and valid the premises have to be true from which a true and valid
conclusion can be deduced o Meaning
Deductive reasoning does not provide new information but tends to provide clarification on existing
information. Clarification and interpretation are important aspects of legal participation.
Example: Jerry is an attorney, all observed attorneys are attractive therefore Jerry is attractive o
Argument from (so-called) law
Lawyer argue from the basis of laws and have to show if the laws can or cannot be applied to the
specific case. This is form of argument is often used to establish a pattern of behaviour if someone’s
behaviour is under examination.
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Connectedness or correlation
This is a weaker form of argumentation and is based on establishing a link between two events e.g.,
because this then that is to be expected. Provides and excuse.
Causality
This is a general form of argument in the legal spheres as causality usually has to be proven. This is the
strongest link between two events.
c) General Remarks
iii. Criticism
Views and opinions must be substantiated and open to criticism and discussion in
principle. Criticism of an argument can be focused on the premises or the
conclusion. The principle of reasonableness must apply
iv. Non-sequitur –conclusions do not follow the premises that they are supposed
to originate from.
Must be avoided
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Logical order should lead to a rational result or conclusion
• It is a strong argument
• The premises should not only be true but be understood and accepted by the
intended audience
• It should successful persuade its audience
•Your worship
• This is a claim for damages resulting from a motor collision which occurred on
24 September 2016, at the intersection of Vanguard Drive and Franz Comrade
Boulevard in Goodwood Cape Town
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EXAMINATION –IN-CHIEF
•Your objective is to get the witness to provide a logical and coherent account of the incident
•Frame your questions so that the response from the witness provides only the information you require
•Your witness’s evidence should correspond to the information provided in the pleadings
•Avoid asking leading questions (leading questions elicit responses about information that is still to be
provided)
CROSS-EXAMINATION
Is the process of checking, challenging or extending the testimony already given by a witnesses.
•The cross-examiner may become aggressive during the cross-examination in an effort to demonstrate that
the witness’s testimony is not reliable.
•Your opponent will cross-examine your witness after you have completed the examination-chief.
•Cross-examination should be done carefully so that you do not inadvertently strengthen your opponent’s
case.
•Cross-examination can also be used to obtain information from your opponent’s witness that can
strengthen your case
•Focus on what you need to obtain from the cross-examination and be forceful in doing so if necessary so
that the witness’s version of events is tested and inaccuracies are exposed
•Your aim should be to discredit/create doubt about the facts and veracity of the witness’s testimony
RE-EXAMINATION
•The purpose of re-examination is to reduce or repair any damage that may have been done during cross-
examination
•Some lawyers feel you should only re-examine only if you have to otherwise you could do damage to your
own case if the witness contradicts previous statements
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CLOSING ARGUMENTS
•Presented after both sides have presented all their evidence to court
•Meant to persuade the court to accept your arguments and find in your favour
ii.The evidence
iv. Ask the court for a specific order or orders- often referred to as prayers or remedies
•The heads of argument will be verbally presented during your closing argument/statement
I pray that, the court finds Steel Woods cc (state the name of the defendant) guilt for the personal injuries
caused to my client , wherefore I pray that the defendant pay my client R30 000 in regards to the medical
expenses he incurred and all legal costs.
FORMULATED DIFFERENTLY: Draft a text that effectively asks the court for an appropriate remedy
for your clients
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Study unit 5
Legal actors
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What is a social contract?
SOCIAL CONTRACT refers to the consensus of a group of people who have willingly united and agreed to
a system of rules by which their lives will be governed and which provides order, protection and certainty in
the situation.
1. ORDINARY CITIZENS: The legal system is created by citizen to serve them. In terms of a SOCIAL
CONTRACT, citizens agree to comply with the system
3. The individual should be seen as a fundamental actor in the legal system and processes
Client
An accused or complainant in a criminal matter
Plaintiff or defendant in a civil matter
Witness
a. Direct involvement:
b. Proxy
Initially ordinary citizens play a pivotal role in the creation of the legal system and processes through a
social contract and later by participating in various roles. E.g. Parties to civil or criminal litigation.
1. Formal Functionaries: means the various legal practioners and officials who participate in the legal
system who have a specific function in the execution of the law such as attorneys, judges, agencies such
as the SA Law Reform commission and so on.
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2. Democratic Constitutional order: means a legal order that is representative of the will of the people
and that safeguards their personal legal rights from interference by the state, influential others and other
individuals.
3. Civic duty: means the duty that each person has towards the community or general public
4. Actor: in the legal context means a person or agency that plays a role in the legal system and
processes
3. Discuss the role of the citizen as a legal actor in the South African legal system
• ORDINARY CITIZENS: The legal system is created by citizen to serve them. In terms of a
• The individual should be seen as a fundamental actor in the legal system and processes • In specific
cases may be:
Client
An accused or complainant in a criminal matter or Plaintiff or defendant in a civil matter or Witness
4. Clarify:
a. Referenda: refers to votes and surveys in which the citizens of a specific geographic area
participate
b. Elections: refers to the democratic process where the citizens of a specific geographic region by a
system of voting (secret ballot) choose individuals, parties or groups who will represent their interests in as
specific context.
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Legal practitioners may represent the individual by proxy. Members of society may encounter legal issues
and challenges which require the assistance of attorneys, conveyancers, notaries, paralegals, the Public
Protector or ombudsman. Legal issues can occur in civil (private) and public (criminal) matters. In
public/criminal cases they will deal with, for example, prosecutors, the Public Prosecutor, state attorneys,
state advocates, the police, etc.,
• Attorneys
• Advocates
• Paralegals
• Candidate attorneys
• Conveyancers
• Public notaries
i. The Prosecution
1. Prosecutors
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c. Presiding Officers
• Judges
• Magistrates
d. Court Officials
• Commissioner of Oaths
• Marriage Officer
Controlling Body Law Society of South Africa (LSSA) General Council of the Bar
Provincial Bar Societies
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Litigation
Representation
Study Unit 6
Numeric Skills
What is numeracy?
Numeracy is the ability to understand and use numbers. Numeracy is the ability to read, write and
understand numbers, statistics, graphs and calculations.
As a lawyer, having numeric skills implies that a you can work confidently with numbers, understand
numeric expressions and communicate or transmit information using numbers ,graphs and calculations.
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As an attorney you will keep account of your clients’ money in a trust account.
Why you need math with yourself? In what sense will bad numeric skills disadvantage you in your
practise?
When you have your own law firm one day you will determine damages especially concerning motor
vehicle accidents, work out the interest on defamation claims. In your law firm, you have to monitor and
manage your own business that is income and expenses, calculating clients’ bills and VAT amounts to be
paid
Question
Sparks Dlamini approaches Vava of Arvina-Jima Attorneys, an attorney at law practising in the Polokwane-
Seshego area, to assist him with his claim for damages resulting from his dispute with Zama Ngwenya. The
agreed remuneration is as follows:
During the past month the attorney rendered the following services:
Received 11 letters
Wrote and posted 9 letters
Drafted four affidavits: 1 consisting of 1½ pages, 1 consisting of 2½ pages and 2 consisting of 4½ pages
each
Consulted thrice telephonically: first for 23 minutes, second for 11½ and later for 36 minutes
Consultation twice: first for 33 minutes and later for 2½ hours
Instructed an advocate to draft a pleading. The Advocate charged R1505, 00 VAT excl
You referred the client to Fetakgomo Medi-Clinic near Lebowakgomo Centre to consult an orthopaedic
surgeon at a cost of R4236, 50 VAT excl.
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SOLUTION
Item/Service Fees (VAT incl) Disbursements (VAT excl)
Consultation:
33 min: 2 x R888= R1776 R6216
2½ hours: 5 x R888 = R4440
Telephone consultations
26 min: 3xR128= R384 R1152
11 ½ min: 2xR128= R256
36 min: 4 x R128 = R512
= R11050, 02
+ Disbursements = R6604.31
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Question
Sparks Dlamini purchased a Range Rover last week for R630 500 (VAT incl). While driving from the Point
area along OR Tambo Road in Durban, he collides with Skhathele Vava, who is the owner-driver of a BMW
335i. Dlamini is 20% negligent, whereas Vava is 35% negligent. The damage to the Range Rover is
estimated at R152 000.00. It is uneconomical to repair the BMW, but its salvage value is R105 000.00. The
pre-accident value of the BMW was R389 000.00.
With reference to the damages to Dlamini and Vava’s motor vehicles, calculate who must pay whom, and
what would be the amount in damages.
This question practically deals with the aspect of “apportionment”. In this particular instance, it is the
apportionment of damages resulting from a motor vehicle collision situation. Note that, in the final analysis,
the person who owes more should be the one to pay the difference. You should bear in mind that we work
on the basis of the pre-accident value rather than the purchase price. Take further note that your main
focus should be on the actual damage suffered. Thus, if the motor vehicle is uneconomical to repair, the
salvage amount/value should be subtracted from the amount of damages.
Sparks Dlamini
Skhathele Vava
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Verbatim
-For every point you make ½ a mark is awarded, thus for a 1 mark question you must write down 2 points.
-Do not rely on past papers too much as they post new Questions in the exam.
Study skills – the phases are important e.g. Exploration, fixation, testing (know these phases well)
Learning is a key element of the study process; it’s the essence of studying. Learning is an active process.
When you learn you gather information, you must also process information. You must also relate the
information to your own reality. E.g. when you take a taxi you need math to determine if you receive the
right amount of change. USE YOUR OWN EXAMPLES.
SUBJECTIVE BEING
An individual does not behave like an object, an object cannot think, whereas a subjective being can think
and apply knowledge to practical situations
Distance between the physical (desk, room) & social environment(people around you)
MOTIVATION
Intrinsic or Internal
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- You own goals pushes you
Extrinsic or External
- Outside force
TIME MANAGEMENT
Answer: Separating the less important things from the most important things (you must be able to identify
your priorities) the should do’s from the could do’s, needs & wants.
STUDY GROUPS
Hint
Action words
Eg explain, compare
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Know the concept of non-verbal communication!!!!!!!!!!!!!! Which means sending msg’s without verbalising
or communicating without words.
Interviewing skills.
Between an interviewer & an interviewee who must prepare for the interview? It is the interviewer who
must prepare in terms of the questions he will ask the interviewee.
A good interviewer has good listening skills, he listens with his ears but has heart felt emotional listening
skills. He must be able to connect & apply oral advocacy to situations.
Key- when client comes for 1st consultation(put the client at ease)
Draft 2 questions to ask your client to put him at ease during the 1st consultation.
Don’t brag and promise the client that you will win the case
EG a client comes to you who has been in an accident. He is injured & his car damaged.
You as an attorney must be able to frame proper questions & be able to give the court an overview of the
matter.
EXAMINATION IN CHIEF
- What happened?
CROSS EXAMINATION
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You are allowed to ask closed questions
ARGUMENTATION
Eg I pray that the defendant pay my client R1000.00& the cost of the suit.
LOGIC
READING SKILLS
Legislation i.e statutory law, acts laid down by parliament. Is the law laid down by organs of state.
Assented to: text signed by the president, before the act has been published it has to be approved by the
parliament & then signed by the president, the signed text becomes the official version.
When did the act come into operation (see last sec, government gazette)/buterworths
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READING A COURT CASE
S VS MAKUA
Headnote – used to get a rough idea what a case is about & the area of the law the case is concerned with.
Starts with the word held.
SEPARATE JUDGMENT – 1 judge agrees with the others on the conclusion but his reasoning is different.
Butterworrhs index
Common law
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Come learn with me and you shall pass on your first attempt!