BER 210 - History and Creation of South African Law

6 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Four Periods of Roman Law`
Kings - Primitive
Republican - Twelve Tables
Emperors - Peak
Post-Classical - Decline
Corpus Iuris Civilis
Codex - Set of Legislation
Digesta - Works of Roman Jurists
Institutes - Textbook for Students
Novellae - Legislation promulgaed after Codex
South African Law's Influential Factors
English Judges presiding in SA
Local Jurists in England
Enlish Decisions applied here
SA legislation modelled on English Legislation
Four Categories of Rights - Explanation
Real Right - Ownership
Personal Right - Claim performance of act or service
Intellectual Property - Ideas
Personality Right - Some form of their personality
Customs to Create Law
Reasonable
Long Existence
Generally Accepted
Clear and Certain
Courts of South Africa
Constitutional Court - Only Constitutional Matters
Supreme Court of Appeal - Never first Instance, all other matters.
High Court - Criminal & Civil Matters
Magistrates Court - 100k Reigonal, 300k Reigonal - Can do divorce
Others - eg Small Claims