SCL 1501 STUDY GUIDE

Table of contents Introduction 1 Learning unit 1: Introduction to legal skills 7 1.1 Introduction 7 1.2 The concept of law 7 1.3 The function of law 9 1.4 The importance of skills 11 1.5 Our approach in the module 13 1.6 Conclusion 14 Learning unit 2: Study skills 15 2.1 Introduction 15 2.2 Learning and studying 15 Learning unit 3: Reading legal text 36 3.1 Introduction 36 3.2 When are you an effective reader? 36 3.3 How to read and understand an Act of Parliament 37 3.4 How to read a court case 40 3.5 Latin terms 52 3.6 Reading and understanding a journal article 55 3.7 Conclusion 56 Learning unit 4: Communication and litigation skills 57 4.1 Introduction 57 4.2 Non-verbal communication 57 4.3 Interviewing 59 4.4 Listening skills 61 4.5 Logic and legal arguments 64 4.6 Litigation and advocating in a court of law 70 4.7 Conclusion 73 Learning unit 5: Legal actors 75 5.1 Introduction 75 5.2 The South African legal system 76 5.3 Conclusion 85 Learning unit 6: Numeracy skills 86 6.1 Introduction 86 6.2 What is numeracy? 87 6.3 Why lawyers need numeracy skills 88 6.4 Addition and subtraction of numbers 89 6.5 Multiplication and division 90 6.6 Fractions, decimals and percentages 91 6.7 Pocket calculators 94 6.8 Apportionment 94 6.9 Rate of exchange 96 6.10 Interest 96 6.11 Tax 97 6.12 Apportionment of damages 98 6.13 Attorney's account 99 6.14 Conclusion 101 Introduction Dear Student This module, Skills Course for Law Students (SCL1501), is intended for beginner students in legal studies or the study of law. It also constitutes part of other law-related programmes such as Social Work and Criminal Justice. In essence, it is argued that law is, and should be, related to all disciplines of knowledge. Most probably this is your first encounter with this field of study. However, we are well aware that it is by no means your first encounter with the law. You will notice, in the first le a r n in g unit of this study guide, that we make the important point that law is part of our daily lives as we interact with one another as members of society or as humans. It is the main purpose of this module to introduce you to the concept of law and thereby give you an overall background to the study of law. An overriding aspect with regard to the objective and approach of the module is to help you to develop important skills that we believe are crucial when you interact with the law from a student point of view. We are mindful of the fact that this will also help you fit in easily in the world of practice, especially as a candidate legal practitioner or simply a new entrant to the profession. The module (and this study guide obviously) is motivated by the realisation that the main purpose for studying law is not merely to absorb information, and know the rules and the procedures involved. At the end of the day, legal studies should also enable the student to apply the law in a practical situation when required. Knowing the law or about the law is one thing, but being able to use or apply it in real life situations is quite another. We truly hope that you will enjoy the course content, and that it will inspire you to become a very successful student and, ultimately, an effective lawyer! We repeat that a successful student is not one who has managed to memorise legal facts or theories, but rather one who is able to relate his/her knowledge of the law to his/her own political and social consciousness, and therefore apply the knowledge from a solid contextual viewpoint. This module differs from other law modules in the sense that in it you a r e required to DO most of the work yourself. We also give you tasks or activities that should help you integrate the theoretical aspects of the law and its application. You should thus not approach this module the same way you approach other more theoretical subjects. The benefit of this module lies in the fact that you will be able to apply everything that you learn. If you can DO that, we can almost guarantee that you will have a successful career. By way of background information, this module came about as a response to the concerns raised by the legal profession in about 2005. The profession then was represented by the Law Society of South Africa and the General Bar Council (of Advocates). The former is a body that regulates the work of attorneys in South Africa, while the latter regulates the operation of advocates. At the moment, the profession is in a state of flux while the structural changes provided for by the Legal Practice Act 28 of 2014 are put into effect. Thus, in the near future, only one regulatory body, the Legal Practice Council, will regulate the legal profession or activities of all legal practitioners. You will learn more about this in the module BWE1501. The concerns raised by the profession in 2005 centred on the unpreparedness of LLB graduates for the world of legal practice. Key among these was the observation that the graduates lacked the necessary skills to succeed in practice. According to the profession (that is, the Law Society and the General Bar Council), graduating students had all the necessary theoretical knowledge, but could not apply it. It is thus the main purpose of this course to prepare you to study better, and to demonstrate your skills in law, so that you are better equipped for the challenges that the legal practice will present. At the end of this module you should be able to do the following: 1. Define the concept of law, distinguish the law from other rules or social norms, and explain its function and its impact on human lives. 2. Apply effective study skills (the study process, study environment, time management, note taking, summaries and study methods, writing of assignments, preparing for and writing examinations). 3. Apply basic knowledge and applicable practical skills (e.g. numeric skills, communication and litigation skills, skills for reading texts such as statutes and cases) that relate to the daily challenges in legal practice. The three points mentioned above are called specific outcomes (and basically include the knowledge and skills that you should demonstrate by the time you complete this module). To determine whether you have successfully achieved the learning outcomes, they (the outcomes) will be assessed as follows: Learning outcome 1 1.1 Distinguish “law” from other rules or social norms. 1.2 Identify social situations and interactions to which law is applicable. Learning outcome 2 2.1 Plan studies with the help of the right time management as shown in the exercises in the study guide. 2.2 Complete assignments in the correct format. 2.3 Prepare early for the examinations. 2.4 Use conducive study environments. 2.5 Choose and analyse study methods according to the activities in the study guide and in the assignments. Learning outcome 3 3.1 Solve numeric problems. 3.2 Answer questions and complete activities in the study guide after court observations using appropriate communication and litigation skills. 3.3 Analyse legal texts effectively and distinguish them from other (non-legal) texts. These outcomes s h o u l d help you to achieve certain outcomes for the (LLB) degree. Skills Course for Law Students (SCL1501) comprises six learning units. You should organise your available time for study in such a way that these six learning units can be completed in one semester. A semester is a study period that takes more or less half an academic year. Thus, you will be taking this module ether in the period January to June or July to December. If you register early, a semester comprises approximately 16 weeks of study time. We urge you to spend three weeks on each learning unit, and the rest of the semester on revision and preparation for the examination. This study guide comprises the following learning units: ● Learning unit 1: Introduction to Legal Skills In this learning unit we introduce the concept of law and distinguish law from other rules or social norms. We also highlight the importance of skills or application to legal studies. It is in this context that law is seen as a praxis. ● Learning unit 2: Study Skills In this learning unit we teach you how to study effectively, to help you become a competent student. Our point of departure is the realisation that, like all other students, law students need effective study skills in order to excel in their work. ● Learning unit 3: Reading Legal Texts This learning unit and the ability to source relevant reference materials go hand in hand. Thus, as soon as you know how to find legislation or court cases, you should also know how to read these legal texts. ● Learning unit 4: Communication and Litigation Skills This is a comprehensive section, and addresses non-verbal communication, interviewing and consultation, group work, oral advocacy skills, as well as how to set out arguments logically. ● Learning unit 5: Legal Actors The learning unit focuses on the various role players in the South African legal system. The ordinary member of society p l a y s a very important role. Other role players include all kinds of legal practitioners and various relevant state functionaries and institutions. Reference to legal practitioners in the way that they are cited in this learning unit is expected to change in the next three years (2015 – 2018) when the relevant provisions of the Legal practice Act 28 of 2014 are finally effected. ● Learning unit 6: Numeracy Skills In this learning unit we highlight certain skills required to work with numbers. These include addition, subtraction, multiplication and division, percentages, tax, fractions, apportionment of damages and interest. Numeric skills are very important in any legal practitioner’s work. You should study all six le a r n in g units together with any other material that we might send you during the semester. Such material may, for example, include tutorial letters. All tutorial material must be studied for the examination. Remember that the purpose of this module is not only t o h e lp you pass the examination, but also to equip and prepare you for the world of practice that awaits you. A s m e nt i o ne d, yo u will also receive tutorial letters during the course of the semester. These tutorial letters form part of the study material for the examination. Further, note that all tutorial material will also be made available electronically on the myUnisa system. Each le a r n i n g unit has activities. In order to benefit from this module, you must ensure that you do the activities according to the “ instructions”. Every activity will contain feedback. However, providing feedback does not mean that we give you the answers. Feedback is aimed at guiding you in completing the activities. You will also receive feedback for all the assignments by way of tutorial letters during the course of the semester. There is no prescribed textbook for this module. However, we urge you n o t to restrict yourself to this study guide, as we believe that you should NOT be studying merely for the sake of passing the examinations. Please also note that not all relevant information is included in this study guide. You should therefore refer to other textbooks that we have found useful in the footn otes of each learning unit. We particularly recommend the textbook, Introduction to law and legal skills in South Africa1. It is very helpful in the way it addresses the various issues dealt with in this study guide or module. We also emphasise that this module is very closely associated with the module Research Skills for Law (SCL1502). In this last-mentioned module you are familiarised with research skills. You should attempt to l in k the information in these two modules as much as possible. It is very exciting to study law, but you will quickly discover that it is not that simple. Do not hesitate to consult your lecturers, whose particulars appear in Tutorial Letter 101, should you experience any problems with the work. We hope you will enjoy this module! David Letsoalo Department of Jurisprudence College of Law, Unisa June 2015