jurisprudence - Courts, judicial precedent and case law
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Course
JUR110 (JUR110)
Institution
University Of Pretoria (UP)
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Beginner\'s Guide for Law Students
Define and understand the hierarchy of the courts, understand what jurisdiction means and investigate the three factors that influence a court’s jurisdiction, apply these factors to the various courts, understand and explain the court structure, define a number of words and concepts, define the d...
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JURISPRUDENCE 110
Unit 9
Courts, judicial precedent and case law
Learning outcomes
- Define and understand the hierarchy of the courts.
- Understand what jurisdiction means and investigate the three factors that influence a court’s jurisdiction.
- Apply these factors to the various courts.
- Understand and explain the court structures
- Define a number of words and concepts
- Define the doctrine of judicial precedent
- Investigate where judgements can be found and which part of the judgement sets precedent by distinguishing
between reported and unreported cases and ratio decidendi versus obiter dictum.
- Investigate the application of the doctrine of precedent
- Explain the value of judicial precedent and discuss some pros and cons
- Dissect the five components of a case citation
- Understand and explain what the name of a case means
- Explain the year and volume
- Explain which series of aw reports the case was published
- Explain the page number on which the case report starts
- Investigate which court heard the matter
Definitions
Stare decisis
- To stand by previous decisions
- Principle we inherited from the English law.
- Previous judgements create binding precedents that must be followed by the lower courts as well as by the
courts themselves.
- The legal principle of determining points in litigation to precedent
Like cases treated alike
- The law that was applied to a specific factual situation should be applied to all similar situations
Material facts
- Those facts that are essential in deciding a case or making a judgement
- Facts that may alter or change a person's decisions.
- E.G.
o Road was wet & therefore slippery
▪ Drivers should reduce speed
- Sometimes called salient facts
Analogous
- Cases are analogous when the facts before the court are materially the same/similar to a previous case and
decision the existing precedent needs to be followed
- So if the facts are analogous to a previous case, the decision made in previous case should be followed.
Distinguishable
- Although there may be some similarities between the case before the court and a previous case, the facts
before the court are not materially the same as in the previous case and the court does not have to apply the
precedent to the facts before it.
1
, Hierarchy of courts
- The system of judicial precedent means that lower courts are bound (must follow) by the decisions of higher
courts.
o This implies that there is a hierarchy of lower and superior courts
- s.166 of the Constitution
o Lists the courts in order of authority or the hierarchy of the court:
▪ Judicial system
• The courts are –
o The Constitutional Court;
o The Supreme Court of Appeal;
o The High Court of South Africa and any high court of appeal that may be
established by an Act of Parliament to hear appeals from any court of a
status similar to the High Court of South Africa;
o The Magistrates’ Courts; and
o Any other court established or recognised in terms of an Act of Parliament,
including any court of a status similar to either the High Court of South Africa
or the Magistrates’ Courts’.
- Constitutional court is the highest court
o What kind of case are brought before the Constitutional Court?
o Can it be a court of first instance only?
o Is the Supreme Court of Appeal only an appeal court or can it also serve as a court of first
instance/court a quo?
o Is there a difference between a single judge’s decision in the High Court and that of the full bench
(three judges)?
▪ Answers depend on the jurisdiction of the various courts
- Constitutional Court – Johannesburg
- Supreme Court of Appeal – Bloemfontein
- High Court – per province (2 in Johannesburg)
- Magistrate’s Court – District & regional (criminal & civil)
- Special Courts
o Labour
o Tax
o Labour Appeals
o Land Claims
o Competition Appeal
▪ Lots of legislation - Judge needs to have specified knowledge
Jurisdiction
- The official power to make legal decisions & judgements
- Court’s jurisdiction refers to its competence to hear a specific case or a court’s power to hear a specific case
o Depends on 3 factors
1. Geographical area
▪ What connects person before court to specific court’s geographical jurisdiction?
▪ Factors that may influence which in court geographical area may have jurisdiction over the
dispute
• Where the crime has been committed
o or the place where the cause of action arose or the defendant’s domicile
• Where one is domiciled – in more detail; look at civil procedure
2. Type of case
▪ Is it a criminal case, a civil case or constitutional matter
3. Whether the case is appearing
▪ For the first time
• Court a quo/ of first instance
▪ On appeal
• Court made a mistake in its decision
▪ On review
• Irregularity in proceedings
2
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