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Summary Branches of Law

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Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.

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University Of The Witwatersrand (wits)
Course
Introduction To Law









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Institution
University of the Witwatersrand (wits)
Course
Introduction To Law
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Uploaded on
February 27, 2023
Number of pages
7
Written in
2022/2023
Type
Summary

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Branches of Law: Chapter 4
Created @April 5, 2022 10:36 AM

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International Law Vs National Law



Branches of Law: Chapter 4 1

, International Law

rules that govern the relationship between independent states

Custom/Treaties (can be between two states or several states)

Applies to SA as long as it is not in conflict with the constitution

UN and AU lay down rules

International Court of Justice (ICJ)

Warfare laws: International Humanitarian Laws

Regulates international criminal law



National Law

Law of a specific state

Applies to SA citizens

Positive Law




Substantive Vs. Procedural Law

Substantive Law (Material Law)

Determines the content and meaning of different legal rules/principles

What constitutes a crime

Prohibits criminal offences

Determines the application & content of different rights



Procedural Law (Adjective Law)

Regulates the enforcement of substantive law

Process for which an individual is prosecuted



Branches of Law: Chapter 4 2

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