SU 1: Starter pack for the journey and the legal profession

Question 1

LEGAL RESEARCH

Answer 1

Legal research is a question related to the content, working, development or application of substantive law

Question 2

SUBSTANTIVE LAW

Answer 2

Law which deals with creation, operation and extinction of rights and duties

Question 3

RESEARCH METHODS

Answer 3

1. Legal historical research
2. Legal comparative research
3. Literature studies
4. Analysis of empirical data

Question 4

A QUO

Answer 4

From which

Question 5

AB INITIO

Answer 5

From the beginning

Question 6

AD HOC

Answer 6

For a specific occasion

Question 7

ACTIO

Answer 7

Claim/ action/ law suit

Question 8

AD IDEM

Answer 8

Consensus

Question 9

AD LITEM

Answer 9

For the purposes of the case

Question 10

ADDENDUM

Answer 10

To be added/ something added

Question 11

AMICUS CURIAE

Answer 11

Friend of the court

Question 12

ANTE

Answer 12

Before; prior to

Question 13

BONA FIDE

Answer 13

In good faith

Question 14

BONI MORES

Answer 14

Good moral/ public opinion and usage

Question 15

CADIT QUAESTIO

Answer 15

The Question falls away

Question 16

CAUSA

Answer 16

Ground/ cause

Question 17

COMPOS MENTIS

Answer 17

In one’s right mind

Question 18

CONSENSUS

Answer 18

Agreement

Question 19

CONTRA

Answer 19

Against/ opposing

Question 20

CONTRA BONIS MORES

Answer 20

Contrary to public opinion and good morals

Question 21

CULPA

Answer 21

Fault

Question 22

CURATOR AD LITEM

Answer 22

Curator appointed by the court to assist another person (mentally ill or child in litigation)

Question 23

CURATOR BONIS

Answer 23

A person appointed by the court to be in charge of another persons propriety interests/ estate eg Prodigal

Question 24

PRODIGAL

Answer 24

An individual that lacks the capacity to handle own affairs

Question 25

CURIA ADVISARI VULT

Answer 25

The court wishes to consider its decision

Question 26

DE BONIS PROPRIIS

Answer 26

Out of own pocket

Question 27

DE FACTO

Answer 27

In fact

Question 28

DE IURE

Answer 28

In law

Question 29

EX FACIE

Answer 29

On the face of it

Question 30

EX LEGE

Answer 30

By the operation of law

Question 31

EX PARTE

Answer 31

Only one party is interested

Question 32

IN CASE

Answer 32

In this case

Question 33

IN ABSENTIA

Answer 33

By default/ in his absense

Question 34

DE NOVO

Answer 34

Anew

Question 35

LOCUS STANDI

Answer 35

The right to be heard in court

Question 36

MUTATIS MUTANDIS

Answer 36

With the necessary amendments

Question 37

LEGAL POSITIVISM

Answer 37

Answers the question 'what is the law' by referring to what is and not what should be.

Question 38

NATURAL LAW

Answer 38

A body of unchanging moral principles regarded as a basis of all human conduct

Question 39

LAW

Answer 39

A set of rules of conduct established by government for all members of society to obey and follow

Question 40

LEGISLATION

Answer 40

The making of legal rules by state organ that has the capacity to do so. These rules are laid down in writing are called statutes

Question 41

JUDICAL PRECEDENTS

Answer 41

When the court is bound to follow the decisions of the Constitutional court on constitutional issues

Question 42

POSTEA

Answer 42

The date of judgment.

Question 43

CUSTORMARY LAW

Answer 43

It is mostly an unwritten law. It consists of generally adopted customs that people live by because they consider them as just. It does not concern all customs

Question 44

INTERNATIONAL LAW

Answer 44

consists of rules that primarily control the | relationships between different independent states

Question 45

MATERIAL / SUBTANTIVE LAW

Answer 45

part of the law that determines the content and meaning of different legal rules.

Question 46

ADJECTIVE LAW

Answer 46

It is that part of the law that determines the way in which the material law is enforced, in other words it determines in general the practical handling of a case where there has been an action presumably contrary to a legal rule

Question 47

JURISTIC PERSON

Answer 47

A juristic person is an association of people

Question 48

LEGAL CAPACITY

Answer 48

It is the capacity to be the bearer of rights and duties

Question 49

CAPACITY TO ACT

Answer 49

It is the capacity to carry out legal acts.

Question 50

LOCUS STANDI

Answer 50

Capacity to take part in legal proceedings is the competency to act in a court case

Question 51

CULPABILITY

Answer 51

It is the capacity to be held legally liable for unlawful deeds (delicts) committed. It involves the ability to distinguish between right and wrong.