FSAL sources

Question 1

what is public international law

Answer 1

Public International Law (Law of Nations/Law between Nations).
International treaties – if a country signs a treaty with other countries they are bound by it. But no way of enforcing that countries sign treaties

Question 2

what is private international law

Answer 2

Private International Law

Between individuals from different countries.

Question 3

what is substantive law

Answer 3

Rules of law: d​efines rights and duties, such as crimes and punishments in the
criminal law and civil rights and responsibilities in civil law. May be created or modified through
precedent.

Question 4

what is procedural law

Answer 4

Rules of enforcement, Comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

Question 5

what is national public law

Answer 5

• Vertical (between the state and its citizens).
• Constitutional Law (the Constitution; supreme law)
• Administrative law (law that governs the activities of the administrative bodies/agencies of the
  government) .
• Criminal law (murder etc.)
• Taxation

Question 6

what is national private law

Answer 6

• Horizontal (between citizens of the same state)
• Contract
• Delict
• Property and succession (we know what these are now guys lols)

Question 7

what is a legal subject

Answer 7

• Have rights and duties.
• Can legally enforce claims and can have claims legally enforced against them.
• Have legal personality (a pre requisite for legal capacity).
• Are juristic persons (recognised by law as having certain legal rights and duties. A corporation
  or school can also be a juristic person).

Question 8

legal object

Answer 8

The thing someone exercises a right over; the object of right acted upon.

• Corporeal (something tangible, something you can touch)
• Incorporeal (intangible, e.g. shares in a company, intellectual property)

Question 9

legal capacity

Answer 9

ability to act legally (enter into contracts etc.) Depends on things such as age, mental health.

Question 10

real right

Answer 10

(a house, car). Real rights enforceable against everyone. Everyone has a duty not to infringe on another’s real right.

Question 11

personal right

Answer 11

against a particular person, regarding the performance of some task/obligation.

Question 12

personality right

Answer 12

a right in personality aspects (dignity, privacy, reputation). Against the whole world.

Question 13

what are primary sources of law

Answer 13

1. Constitution
2. legislation
3. common law
4. customary law
5. customs

Question 14

what are secondary sources of law

Answer 14

merely persuasive

1. books
2. law journals
3. foreign law

Question 15

s39 (2) of the constitution

Answer 15

When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. (Even if not a “constitutional issue”)

Question 16

about the consitution

Answer 16

he current ​constitution​, the country’s fifth, was drawn up by the ​Parliament​ elected in 1994 in the ​first non-racial elections​. It was promulgated by President​ ​Nelson Mandela​ on 18th December 1996 and came into effect on 4 February 1997, replacing the ​Interim Constitution​.

Question 17

how is law made?

Answer 17

1. Bill introduced in NA or NCOP
2. Referred to relevant committee and published in Government Gazette for public comment
3. Debated in committee, maybe amended.
4. Submitted to a sitting of the House for further debate before vote.
5. Transmitted to other House for concurrence
6. Sent to President for assent
7. Act

Question 18

what is a bill

Answer 18

In its early stages before a new law has been tabled in Parliament it is called a draft Bill. Once it has been tabled in Parliament it is called a Bill.

Question 19

what is an act

Answer 19

Once Bill has been signed by President it becomes an Act/ a law in SA​.

Question 20

what is green paper

Answer 20

the first discussion document. A ​Government publication that details specific issues, and then points out possible courses of action in terms of policy and legislation.

Question 21

what is white paper

Answer 21

Authoritative report or guide that informs readers concisely about a complex issue and presents the issuing body’s philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision.