Summary

Summary Introduction to law and legal skills

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Course
LLB (CFLA001)

Institution
University Of Limpopo (UL)

My document talks more about legal skills. In talks about adjudication and other things that one will learn when doing legal skills in school. It is very understandable and easier to read . It is concise and straight to the point

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Uploaded on October 22, 2020
Number of pages 5
Written in 2020/2021
Type Summary

legal skills

Institution
University of Limpopo (UL)
Course
LLB (CFLA001)

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Introduction to legal skills

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1. Summary - Introduction to law and legal skills
2. Summary - Introduction to law and legal skills
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ADJUDICATION, INTERPRETATION & DISPUTE RESOLUTION

• Adjudication refers to a process whereby parties to a legal dispute refer

their matter to an impartial and independent arbitrator to decide their

dispute in accordance with the applicable law;

• Adjudication echoes the right of access to courts enshrined in section

34 of the Constitution;

• The right to access to courts promotes at least two fundamental

principles:

➢ That no one is permitted to take the law into their own hands and

the provision of self-help;

➢ That anyone has the right to challenge the legality of any law or

conduct;

• However, in order for these goals to be realized there must exist an

independent and impartial institution to which these disputes would be

referred;

• This assigned to the judiciary;

• To this end S165 vests the administration of Justice on the courts;

• S165 (2) provides that courts are independent and they must apply the

impartially without fear, favour or prejudice.

, INDEPENDENCE AND IMPARTIALLY OF THE JUDICIARY

• An independent court is one that exercise its powers without

interference;

• The court must reach the whatever outcome without any outside

influence;

• In other words, the Judge must have the complete liberty to hear and

decide cases that come before him or her;

• The test for whether the court is independent is whether the reasonable

and informed person will perceive the court as enjoying the essential

conditions for independence;

• The test is objective not subjective;

• The essential conditions for Independence include among others

➢ Other branches of state must not interfere with the functioning of

the court (Institutional Independence);

➢ That Judges must enjoy security of tenure;

➢ Basic degree of financial security;

➢ Control over administrative decisions that bear directly and

immediately on the exercise of judicial functions;

➢ Individual Independence refers to the requirement that Judges

decide cases Independently and Impartially on the basis of facts

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