branches of law

• Branches of Law


  • International Law
  • National Law
• International Law


  Also known as public international law – primarily applies across the different states of the world – deals with matters of inter-state concern
• Components of International Law


  • Rules and principles set out in international treaties and conventions
  • So-called customary international law – well-established practices that are binding on states
  • General principles of international law
• International treaties


  Can be bilateral or multilateral – countries with a treaty in place agree to incorporate the principles into their respective national
• International Law Governance


  Controlled by the UN and the AU – the UN has in international court of Justice in the Hague
• Divisions of National Law


  • Substantive (public and private law)
  • Procedural law
• Substantive Law


  Part of the law that gives content and meaning to various legal principles – tells us what we can do and what we are prohibited from doing – it also tells us how to apply the law
• Branches of Public Law


  • Constitutional law
  • Administrative law
  • Criminal law
  • Labour law
  • Law of taxation
• Private Law


  Also called civil law, governs the relationship between persons (natural and juristic) and their status – horizontal relationship
• Branches of Private Law


  • Law of persons
  • Family law
  • Law of succession
  • Law of property
  • Intellectual property
  • Mercantile law
  • Law of obligations – law of contract, law of delict, law of unjustified enrichment
• Procedural Law


  Regulates the enforcement of substantive law when it is violated – in this way substantive law and procedural law are inter-reliant
• Branches of Procedural Law

  • Law of evidence
  • Law of criminal procedure
  • Law of civil procedure
• Types of Civil Procedure


  • The action or trial procedure
  • The application procedure
• Trial Procedure


  Used when the parties are in dispute about the matter – they disagree about the true facts of the matter – this procedure allows them to argue the matter in court
• Phases of Trial Procedure


  • Pleadings
  • The trial
  • Appeals and reviews
  • Enforcement of court judgments
• Pleadings


  The documents referred to in the arguments – a summary of the main facts of each party's case
• Plaintiff


  The person who brings the claim
• Defendant


  The person against whom the claim is brought
• Pleadings Process


  1. Plaintiff's attorney issues a summons

  2. Defendant sends a notice of intention to defend

  3. Defendant delivers a plea

  4. Defendant can deliver a counter-claim

  5. Either party can ask for a judgment by default
• After the pleadings deadline, neither party may make any further pleadings or written arguments
• Trial Process


  1. Opening statements

  2. Plaintiff calls witnesses

  3. Witnesses give viva voca evidence

  4. Cross-examination

  5. Re-examination

  6. Defendant calls witnesses

  7. Closing statements
• Appeal


  If the party is of the opinion that the judge or magistrate made an error of fact or law
• Review


  Where a party feels that the judge or magistrate was biased or unfair or conducted the proceedings irregularly
• Appellant


  The party bringing the appeal
• Respondent


  The party responding to the appeal
• Appeals and Reviews Process

  1. Court relies on typed record of previous court

  2. Arguments by lawyers on why previous decision was incorrect

  3. Court tests whether previous court followed correct procedure

  4. Court tests whether attitude of magistrate or judge was fair
• Judgement Debtor


  The party that has to pay the other party a sum of money
• Judgement Creditor


  The party that is owed money
• Enforcement of Court Judgements

  1. Judgement creditor issues warrant of execution

  2. Court can order debtor to pay in affordable instalments

  3. Creditor can apply for garnishee order

  4. Creditor can apply for emolument attachment order
• Garnishee Order


  Order by a magistrates' court whereby a creditor attaches a share of the debt owed to the debtor by a 3rd party
• Emolument Attachment Order (EAO)


  An order made by the mag court whereby the creditor is allowed to attach a portion of the debtor's salary
• Garnishee Order Process


  1. Creditor applies for order to court in area where garnishee resides/works

  2. Application must be ex parte and supported by affidavit

  3. Affidavit must confirm parties, judgement, outstanding debt, and debt payable by garnishee

  4. If successful, debtor and garnishee served copy of order

  5. Garnishee can dispute order
• Application Procedure


  The argument between the parties is mainly about the differences in the may the law is interpreted – the facts are not in dispute – not necessary for the court to hear oral evidence
• Applicant


  The party bringing the application
• Respondent


  The party responding to the application
• Application Procedure Process


  1. Parties argue by way of affidavits

  2. Founding affidavit sets out the relief or compensation wanted