IURI 171

• A quo


  From which - the court of first instances
• Ab initio


  From the beginning
• Actio


  Action
• Ad hoc


  For a specific occasion, for the present purpose
• Ad idem


  Agree; Consensus
• Ad litem


  for the purpose of the case
• Addendum


  Something to be added
• Amicus Curiae


  A friend of the court
• Bona fide


  in good faith
• Boni mores


  good moral
• Consensus

  Agreement
• Contra bonos mores


  Contrary to public opinion and good morals or interest
• Curator ad litem


  a person appointed by the court to assist another person (mentally ill or child)
• Curator bonis


  a person appointed by the court to be in charged of the administration of another person's estate
• Ex parte 


  only one party interested, without notice
• id est


  that is
• Legal positivism 


  It answers the question "what is the law?" by referring to what is, not to what should be.

  Morality and law are kept apart.
• Natural Law

  • Law has a moral dimension
  • that there are moral principles or moral codes that exist. ( a god )
• Legislation

  making of legal rules by a state organ that has the capacity to do so.

  Rules are laid down in writing (statutes)
• Define plagiarism 


  Plagiarize - steal ideas, passages from someone else's work and present them as one's own
• The Vexatious Proceedings Act

  Provide for the imposition of restrictions on the institution of vexatious legal proceedings
• Legal research databases

  • Lexis Nexis
  • Juta
  • Google Scholar
• Primary Sources of law

  • SA cases (Juta)
  • SA legislation (Juta)
  • Old Authorities (De Groot)
  • International and foreign cases and legislation
  • Indigenous Law
• Abbreviation SA


  South African Law Reports
• Abbreviation SACR


  South African Criminal Law Reports
• Abbreviation JDR


  Juta's Daily Reports
• Parallel reporting 


  a case published by both Juta and LexisNexis
• Flynote


  provides key phrases on the topic of the case
• Headnote 


  Provides a summary of the facts and issues of the case
• What is research?


  Acquisition and transfer of new knowledge
• Substantive Law


  Law which deals with creation, operation and extinction of rights and duties
• Legal Historical research 


  Examine the law as it exists today and law as it existed (Roman-Dutch period)
• Legal Comparative Research 


  Examine aspects of law in different countries or jurisdictions legal system
• Types of Law

  • Substantive Law
  • Adjectival Law (Procedural Law)
  • Public Law
  • Private Law
• Substantive Law


  Law which deals with creation, operation and extinction of rights and duties
• Adjectival Law (Procedural Law)


  Body of law governing the enforcement of rights and duties of substantive law
• Public Law


  The law that governs the relations between the state and individuals
• Private Law


  The law that governs relations between individuals, and their status
• Areas of Public Law


  • Constitutional Law
  • Criminal Law
  • Administrative Law
  • Human Rights Law
• Areas of Private Law


  • Family Law
  • Indigenous Law
  • Intellectual Property
  • Law of Delict
  • Law of Contract
  • Law of Persons
  • Law of Succession
  • Law of Property
  • Law of Personality
  • Law of Obligation
  • Law of Patrimony