Introduction to Law (ILW1501)
WHAT IS THE LAW - answer- The law governs human behavior/conduct
- The law should be obeyed by all of society.
-The law is enforced by state organs.
-By ignoring or disobeying the law we may be prosecuted and punished or ordered to
pay compensation for damages or injury.
parties in Public law - answer Individual(s) and State
Parties in Private law - answer Individuals and individuals
Formal/Procedural law - answer Deals with the procedures that must be followed in
legal proceedings.
Substantive/Material law - answer determines the content and meaning of the different
legal rules.
Religion - answer apply to who- with the people who practice that religion
noncompliance- every religion has its own sanction or punishment.
enforced- is enforced by each separate religion.
Individual morality - answer Are standers that every individual sets for themselves. the
sanction for noncompliance is personal and self- imposed and is enforced by the
individual.
Community mores ( collective morals) - answerNorms of the whole community non
compliance with the rules will result in varying degrees of disapproval/ rejection/
discrimination by other members of the community and the rules are enforced by the
community.
Justice - answerEquality before the law.
Formal Justice - answerDeals with the procedures that must be followed in legal
proceedings(rules, conduct, evidence)
Basic requirements for formal justice - answer-There must be explicit rules laid down to
show how people must be treated in specific cases
- The rules must apply generally ( all people in the group under the same
circumstances)
- The rules must be applied impartially by a legal institution ( judge may not be biased`0
, Substantive justice - answerConcerns the content of the rule and not the way in which it
is applied
requirements for Substantive Justice - answerhere the content of the rule is looked at to
determine whether it is fair and just. ex- The apartheid rules were specific, applied to all
and were applied impartially- however, the content of the rules were unjust and
therefore justice was not served.
Legal subject - answeris anyone who is subject to the norms of the law and who also
may be the bearer of rights and duties.
Legal object - answerMay be anything that is of economic value to people ( cost,
usefulness, scarcity)
every Right concerns two parts - answer1. a relationship between a legal subject and
the object of the right.
2. A relationship between the legal subject who is the holder of the right, and other legal
subjects ( person - person)
Real rights - answerright of ownership
right of pledge
right of servitude
Personality rights - answerThe rights each one has to part of their personality
the right to physical integrity, the right to your good name/ reputation, the right to honor.
Intellectual property right - answerrelates to the creation of the human mind. A work of
art, an invention, a trade mark, copyright.
Personal Right - answerA personal right is a right to performance. also called a claim.
Delivery, payment, service. Action of doing something or not doing something.
The connection - answerThe content of a right is limited. the rules of law decide what
the powers of the holder of a right are and hat the limits to the content of the right are.
Classical roman Law - answerWhen the Roman Empire was reaching its highest level of
development
Canon Law - answerRoman Law formed the foundation of church law( roman catholic
Church)
The Corpus Iuris Civilis - answerThe Emperor of the eastern Roman empire ordered the
codification of early writings of the classical jurists and all the laws which had been
passed during the time of the emperors ( collected and written down as a code)
Roman Law(753BC - 476AD) - answerClassical Roman law
WHAT IS THE LAW - answer- The law governs human behavior/conduct
- The law should be obeyed by all of society.
-The law is enforced by state organs.
-By ignoring or disobeying the law we may be prosecuted and punished or ordered to
pay compensation for damages or injury.
parties in Public law - answer Individual(s) and State
Parties in Private law - answer Individuals and individuals
Formal/Procedural law - answer Deals with the procedures that must be followed in
legal proceedings.
Substantive/Material law - answer determines the content and meaning of the different
legal rules.
Religion - answer apply to who- with the people who practice that religion
noncompliance- every religion has its own sanction or punishment.
enforced- is enforced by each separate religion.
Individual morality - answer Are standers that every individual sets for themselves. the
sanction for noncompliance is personal and self- imposed and is enforced by the
individual.
Community mores ( collective morals) - answerNorms of the whole community non
compliance with the rules will result in varying degrees of disapproval/ rejection/
discrimination by other members of the community and the rules are enforced by the
community.
Justice - answerEquality before the law.
Formal Justice - answerDeals with the procedures that must be followed in legal
proceedings(rules, conduct, evidence)
Basic requirements for formal justice - answer-There must be explicit rules laid down to
show how people must be treated in specific cases
- The rules must apply generally ( all people in the group under the same
circumstances)
- The rules must be applied impartially by a legal institution ( judge may not be biased`0
, Substantive justice - answerConcerns the content of the rule and not the way in which it
is applied
requirements for Substantive Justice - answerhere the content of the rule is looked at to
determine whether it is fair and just. ex- The apartheid rules were specific, applied to all
and were applied impartially- however, the content of the rules were unjust and
therefore justice was not served.
Legal subject - answeris anyone who is subject to the norms of the law and who also
may be the bearer of rights and duties.
Legal object - answerMay be anything that is of economic value to people ( cost,
usefulness, scarcity)
every Right concerns two parts - answer1. a relationship between a legal subject and
the object of the right.
2. A relationship between the legal subject who is the holder of the right, and other legal
subjects ( person - person)
Real rights - answerright of ownership
right of pledge
right of servitude
Personality rights - answerThe rights each one has to part of their personality
the right to physical integrity, the right to your good name/ reputation, the right to honor.
Intellectual property right - answerrelates to the creation of the human mind. A work of
art, an invention, a trade mark, copyright.
Personal Right - answerA personal right is a right to performance. also called a claim.
Delivery, payment, service. Action of doing something or not doing something.
The connection - answerThe content of a right is limited. the rules of law decide what
the powers of the holder of a right are and hat the limits to the content of the right are.
Classical roman Law - answerWhen the Roman Empire was reaching its highest level of
development
Canon Law - answerRoman Law formed the foundation of church law( roman catholic
Church)
The Corpus Iuris Civilis - answerThe Emperor of the eastern Roman empire ordered the
codification of early writings of the classical jurists and all the laws which had been
passed during the time of the emperors ( collected and written down as a code)
Roman Law(753BC - 476AD) - answerClassical Roman law
