Dominus litis - Study guides, Study notes & Summaries

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Accusatorial and Inquisitorial procedures  Difference between the two procedures lies in the functions of the parties. Accusatorial Procedure:  e.g. Anglo-American systems and SA (although witness can be called by the judge and procedure of questioning contains inquisitorial elements)  Judge is in ...

Summary Guide: If it is written like this: it means that the source is the SG If it is written like this: the source is from the textbook/gimmenote summary If it is written like this: the source is from an Act (mostly CPA) If it is written like this: the source is from textbook/gimmenote however it is not relevant chapter in tut 102 therefore read only CPR3701 SUMMARY-EXAM PREP. SECTION A: THE CRIMINAL JUSTICE PROCESS IN GENERAL “Section A consists of an overview of the first four phas...

CPR3701_ CRIMINAL PROCEDURE LAW NOTES UPDATED SEMESTER 02 2021.1. A BASIC INTRODUCTION TO CRIMINAL PROCEDURE 1.1. The place of the law of criminal procedure in the legal system The law of criminal procedure is the entire body of rules that prescribes the procedure to follow in punishing criminals by virtue of state authority. Criminal procedure must, subject to the supremacy of the Constitution: - provide a process to enforce criminal law; - allocate power to state officials; and - arti...

CPR3701_ CRIMINAL PROCEDURE LAW NOTES UPDATED SEMESTER 02 2021. A BASIC INTRODUCTION TO CRIMINAL PROCEDURE 1.1. The place of the law of criminal procedure in the legal system The law of criminal procedure is the entire body of rules that prescribes the procedure to follow in punishing criminals by virtue of state authority. Criminal procedure must, subject to the supremacy of the Constitution: - provide a process to enforce criminal law; - allocate power to state officials; and - articu...

Answers to assignment 1 of 2021

1. Latin terms Actor sequitur forum rei The plaintiff must institute action against the defendant in the area which the defendant is domiciled or resident. If this rule is followed it is said that the court has jurisdiction ratione domecilii ( claim sounding in money) Dominus litis More than one court may be able to exercise jurisdiction in respect of the same action, if various ratione jurisdictionis exist of different court. The plaintiff choose in which court to institute the action

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Accusatorial and Inquisitorial procedures  Difference between the two procedures lies in the functions of the parties. Accusatorial Procedure:  e.g. Anglo-American systems and SA (although witness can be called by the judge and procedure of questioning contains inquisitorial elements)  Judge is in ...

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Accusatorial and Inquisitorial procedures  Difference between the two procedures lies in the functions of the parties. Accusatorial Procedure:  e.g. Anglo-American systems and SA (although witness can be called by the judge and procedure of questioning contains inquisitorial elements)  Judge is in ...

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Do you agree w ith the following statement and, if so, why? The presumption of innocence principle is the cornerstone of constitutionalism. If this principle is not upheld at all costs in criminal procedure law and the law of evidence in South Africa, then the law in these categories could be classified as a ``crim...