Flashcards on South African Legal System: Hybrid and Uncodified
South African Legal System: Hybrid and Uncodified Explained
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South African Legal System
10 cards
Card 1
Question: What does it mean that South African common law is described as 'hybrid' or 'mixed'?
Answer: It contains different legal traditions combined, including European legal traditions (Roman law, Roman-Dutch law, English law) and African customary l
Card 2
Question: Which European legal tradition in South Africa is part of the civil law system (ius commune)?
Answer: Roman law.
Card 3
Question: What is Roman-Dutch law in the context of South African law?
Answer: A European legal tradition that forms part of South African common law as a legacy of Dutch influence.
Card 4
Question: Which tradition provides the basis of the common law tradition in South Africa?
Answer: English law.
Card 5
Question: Besides European traditions, what other legal tradition is part of the South African legal system?
Answer: African customary law of indigenous people.
Card 6
Question: What does it mean that South Africa has a plural legal system?
Answer: Multiple legal systems or traditions operate concurrently within the country (e.g., civil, common, and customary laws).
Card 7
Question: Is the South African legal system codified or uncodified?
Answer: Uncodified.
Card 8
Question: What does it mean that South Africa has an uncodified system?
Answer: Laws are not contained in a single collection or code; lawyers must use various sources to apply the law to a case.
Card 9
Question: Name the primary sources of law used in the South African uncodified system.
Answer: Statutory law (codified laws passed by Parliament), common law, judicial precedents (decisions), and customary laws.
Card 10
Question: What is meant by 'statutory law' in the South African context?
Answer: Codified laws passed by Parliament.