Notes summary

Question 1

What is a legal system

Answer 1

sets of rules of substancve and procedure as well as institutions relating to the governance of social behaviour and resolution of disputes

Question 2

Legal methods

Answer 2

Manner in which those who make or activate the law, use the legal system to arrive at a specific legal consequence

Question 3

Legal positivism

Answer 3

is a philosophy of law that emphasizes the conventional nature of law-that is- it is socially constructed
Acoording to legal positivism, law is synonymous with positive norms made by the legislator

Question 4

Principles of legality

Answer 4

1. Sufficiently general
2. Publicly promulgated
3. Prospective
4. At least minimally clear and intelligible
5. Clear of contradictions
6. Possible to obey
7. Relatively constant, don’t change from day to dat
8. Administered in a way that does not diverge from their obvious meaning

Question 5

Functions of law

Answer 5

Facilitating and effectuating private relationships: family law etc.; (ii) Resolving social conflicts; (iii) Maintains social control; (iv) Protects public order; (v) To resolve disputes; (vi) Protects certainty of systems; (vii) Facilitates orderly change; (viii) Brings out justice in society; (ix) Outlines what the government can do and what it cannot do