SCL 1501 sammarised notes is the overall summary of the module as it allows students to minimize wasting time in reading the entire book and still have to prepare for the exams. with the summary it prepares you for the exams as it provides all the most important information needed in dept.
What do you understand by the term LAW?
There are various approaches or views towards the definition
What is Law
The Law is the system of legal rules recognised and enforced by the government to control human
behaviour.
WHAT ARE THE CHARACTERISTICS OF THE LAW
1. System of rules
2. Intended to control human behaviour
3. Should be recognised by the state
4. Enforced by the state
It has to be noted that the LAW CREATES DUTIES (OBLIGATIONS) AND RIGHTS between individuals,
state and individuals.
Explain why it is necessary for law students to differentiate between the law and rules
FUNCTION OF LAW
1. The Law protects rights from between tampered with thus preserves harmony in the social order by
maintaining the equilibrium between the individual’s interests and those of the government.
2. The Constitution ensures that the human rights of individuals will be safeguarded from random
intrusions by the state, other individuals, groups and other dominant organisations. (Refer to Section 7 of
the Constitution)
Several laws (besides the Constitution) protect the interests of members of society in specific spheres that
are subject to these laws. (Subject to the underlying principles of the Constitution and the Bill of Rights)
(E.g. Indigenous law, law of delict, criminal law etc.
3. The circumstances, the type of misconduct/offence and the persons involved will determine the kind of
protection provided.
“The Expert In Anything Was Once A Beginner”
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4. Criminal law will be applied to an individual whose misconduct has resulted in a crime that has upset
society’s peace and balance. The state (on behalf of society) will institute legal proceedings through the
criminal courts, against the offender. A criminal sanction /punishment according to the law will be applied
against that person, if found guilty.
IMPORTANCE OF SKILLS
As a law student, you are not only supposed to know the law or its content but also expected to
have certain skills in order that you succeed
Explain why is it important to develop various skills as a lawyer or law student?
RESEARCH
READING SKILLS COMMUNICATION
WRITING
NUMERIC
Lawyers should be able to access the law that is finding and using it effectively in practical situations.
Application forms the bases of a legal career thus a lawyer is expected to apply knowledge in practical
situations for instance when interviewing clients, in a trial and drafting documents etc.
Lawyers should be able to construct, sustain sound arguments and apply the legal rules. Lawyers need skill
so that they will be in a position to evaluate facts and find and analyse critically the fields and sources.
“The Expert In Anything Was Once A Beginner”
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Skill are crucial to law students in the sense that students need the ability to study effectively thus to access
the knowledge of the law and apply it in scenarios.
Mention forms of punishment
Fine
Imprisonment
House arrest
Freire speaks of notion of praxis. Define this concept.
This concept provides that in every aspect of thinking it should be accompanied by action and application. It
can be define as the action reflection of persons upon the world. Active reflection and reflective action is
required.
KNOW WHY THIS CONCEPT IS IMPORTANT TO LAW STUDENTS
Praxis is the process by which a theory, lesson, or skill is enacted, embodied, or realised. "Praxis" may also
refer to the act of engaging, applying, exercising, realizing, or practising ideas. Praxis may be described as
a form of critical thinking and comprises the combination of reflection and action. Praxis can be viewed as a
progression of cognitive and physical actions:
Taking the action
Considering the impacts of the action
Analysing the results of the action by reflecting upon it
Altering and revising conceptions and planning following reflection
Implementing these plans in further actions
STUDY UNIT 2
STUDY SKILLS
The Leaning and Studying Concept
In your own words define the learning process.
Learning is an active process which involves a lot of activities and the student participate actively in the
process as a subjective being.
“The Expert In Anything Was Once A Beginner”
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