Flashcards on Key Concepts in South African Legal Development
Key Concepts in South African Legal Development
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Legal Technology
14 cards
Card 1
Question: What is the definition of 'digitalisation' as used in the context of legal technology?
Answer: The process of changing data into a digital form that can be easily read and processed by a computer.
Card 2
Question: Name two practical benefits of digitalising legal materials and services.
Answer: Online access to cases, statutes and legal sources (reduces cost of maintaining physical libraries); the ability for witnesses to give evidence online
Card 3
Question: Why is the legal profession in South Africa described as currently not broadly digitalised?
Answer: Most lawyers still prefer in-person meetings with clients and courts generally lack infrastructure and preference for receiving testimony online.
Card 4
Question: What are two reasons judges, prosecutors and defence counsel may prefer in-person testimony over online testimony?
Answer: A witness’s behaviour/demeanour in court can influence a judge’s deliberations and online platforms may diminish this; cross-examination online is see
Card 5
Question: Give one example where South African courts have a specific need for video-linked testimony.
Answer: Sexual offences involving children.
Card 6
Question: How does Canada’s use of video-conferencing for testimony differ from South Africa’s position described here?
Answer: Canada has used video-conferencing for civil trial testimony for a few decades, whereas South African courts generally lack widespread infrastructure
Card 7
Question: List five elements or developments that digitalisation of the legal profession would entail according to the content.
Answer: 1) Broadcasting high-profile criminal cases; 2) Widespread use of DNA evidence; 3) Cellphone tracking; 4) Online debates and discussions; 5) Online te
Card 8
Question: What are two negative consequences or challenges of digitalising the legal profession?
Answer: High implementation costs (especially burdensome for solo and small-to-medium law firms); trust issues such as interception of digital communication a
Card 9
Question: What do Casey and Niblett predict about the future of law in relation to technology?
Answer: They argue the law will become 'self-driving' with rules and standards replaced by micro-directives that assist interpretation and in some cases repla
Card 10
Question: How is AI defined or characterised in the presentation?
Answer: AI is the simulation of human intelligence powered by algorithms, which are step-by-step instructions to achieve a goal or solve a problem.