Flashcards on Key Concepts in South African Legal Development

Key Concepts in South African Legal Development

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What is the definition of 'digitalisation' as used in the context of legal technology?

The process of changing data into a digital form that can be easily read and processed by a computer.

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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.