Exam (elaborations)
HFL1501 Assignment 6 Semester 1 2024 - DUE 9 May 2024
- Course
- HFL1501 (HFL1501)
- Institution
- University Of South Africa (Unisa)
HFL1501 Assignment 6 Semester 1 2024 QUESTIONS WITH WELL OUTLINED ANSWERS
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+254792947610HFL1501
Assignment 6
Semester 1
2024 - DUE 9
May 2024
QUESTIONS WITH DETAILED ANSWERS
, HFL1501 Assignment 6 Semester 1 2024 - DUE 9 May 2024
QUESTION 1
1.1 Read the following statement and answer the question that follows: “South
Africa has an uncodified legal system.” In your own words, discuss how this
fact impacts on a lawyer who is searching for a remedy with regard to a legal
question. (4)
1.2 Name one country of which you have learned in this module that has a
codified legal system. (1)
1.1 Uncodified Legal System and Lawyer's Work
An uncodified legal system, like South Africa's, means there isn't one single,
official codebook containing all the laws. For a lawyer searching for a remedy to a
legal question, this requires more effort compared to a codified system.
Here's how it impacts the lawyer's work:
• Research Focus: The lawyer needs to rely on various legal sources like past
court judgements (precedent), legislation passed by Parliament, and even
customary law in some cases.
• Increased Research Time: Finding relevant legal principles requires sifting
through various sources and analyzing precedents to see how similar cases
were decided. This can be time-consuming.
• Importance of Interpretation: Judges play a more prominent role in
interpreting existing laws and shaping legal principles through their
decisions. Lawyers need to understand these interpretations when building
their case.
1.2 Country with a Codified Legal System
One example of a country with a codified legal system learned about in this
module could be France (or any other country studied in the module that has a
codified system). In these countries, the laws are systematically organized in a
central code, making it easier for lawyers to find relevant legal provisions.
QUESTION 2
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