What are the important features of the South African legal system?

What are the main features of the common law system?

The distinctive feature of common law is that it represents the law of the courts as expressed in judicial decisions. Judges decide cases cases found in precedents provided by past decisions, in contrast to the civil law system, which is based on statutes and prescribed texts.

What is the importance of legal system?

Legal system plays a pivotal role in developing a sense of equality among different groups, communities, and people. Social laws create an understanding in the mind of people that there will be no injustice based on superiority. Every person will have to face the consequences in case he/she does something wrong.

What is common law legal system in South Africa?

South Africa has a mixed legal system – a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law. The Roman Dutch civilian law and English common law influence reflects South Africa’s history of successive colonial governance by the Dutch and English.

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What are the three types of legal systems?

Types of Legal Systems

Legal systems do fall into groups or patterns with some similar features within each group. Among the main groups that you might encounter are: 1) common law; 2) civil law; 3) religious law; and 4) customary law.

What is a good legal system?

ELEMENTS OF A GOOD LEGAL SYSTEM. • Simple~ a law has to be written in a language that can be easily understood by a large section of society. • Comprehensive ~it should not leave gaps but attempt to cover all possible areas of disputes, concern or debate.

What is the function of legal system in the society?

The role that law has in society is that it creates a norm of conducts in the society we live in laws are made to protect its citizen from harm. It set in way that all citizens are given equal opportunity, protection from harm no matter your race, Gender, religion and social standing.

What is legal system and its types?

There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems. … Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made.

What are the 5 sources of South African law?


As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.

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What are the different branches of law in South Africa?

Specific fields of law

  • Constitutional law.
  • Common law.
  • Customary law.
  • Law of agency.
  • Criminal law.
  • Contract law.
  • Law of delict.
  • Property law.

What is the difference between criminal law and civil law South Africa?

Civil cases handle almost all other disputes, and typically aim for some sort of recovery. A criminal case is filed by the government and is led by a prosecuting attorney. A civil case is filed by a private party, typically an individual or corporation, against another individual or corporation.

What are the two main sources of law in South Africa?

South African law has more than one source: Legislation. Case Law (court decisions) Common Law.

What are the 5 sources of law?

The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.