FLS1501 EXAM PREP 2022

FLS1501 EXAM PREP 2022 STUDY UNIT 1 Question 1 Complete the following statements by filling in the correct word(s): 1. There are three major components of our law, namely a Western, Indigenous African and Universal component. 2. Since South African law has been influenced by both the RomanDutch tradition and the English tradition we can say that our legal system is "mixed" or hybrid. 3. There is no comprehensive written version of South African law which has the force of legislation. In other words South African law is not codified. 4. Transplantation refers to the importation of a legal system into an area which has no legal system. 5. Reception refers to the willing adoption of a legal system by a community which already has an existing legal system. 6. In South Africa, the term "common law" refers to Roman Dutch law as influenced by English law. This "common law" is regarded as a source of South African law. However, in a broader sense, the term "common law" also refers to the legal systems of countries, such as the United States of America and Australia, which have been influenced by English law. These legal systems are then also known as "commonlaw systems". 7. Two countries / states outside Europe and Africa where Roman law exercised an influence are Japan and Turkey. 8. The Roman law is an important source of the Western component of our law. 9. The internal history of the law relates to the origins and development of legal rules and principles. 10. The external history of the law relates to political, constitutional, sociological, economic and religious factors which have contributed directly or indirectly to the development of the legal system. 11. The South African Law Commission is currently investigating Islamic law of marriage with a view to integrating it into the South African legal system. 12. The history of the Western component of our law starts with the foundation of Rome (or 8th century BC; or 753BC). 13 The origin of the universal component of our law is traced to the rise of the natural-law theory as developed by Greek and Roman thinkers and by the early Christian church fathers from the 4th century AD onwards. 14. Although historical investigation usually focuses on the Western foundations of human rights, Islamic thought also impacted on its development. 15. The Bantu-speakers occupy the greatest part of Africa south of the Sahara (Sub-Saharan Africa). They established themselves south of the Limpopo 1500 years (approximately AD 500) ago. However, this was not the time when their law first developed. 16. There are four phases of the reception of Roman law in Western Europe. The first, starting in the 5th century AD when a few Roman-law rules were randomly incorporated into the indigenous European customary law, is known as the infiltration/pre-reception phase. The second, in the 12th century, was the phase of the intellectual rediscovery of Justinian's Roman law. Thirdly, the 13th and 14th centuries saw an i