SCW 2601: ASSIGNMENT 1
SUBMISSION DATE: 16 AUGUST 2013
UNIQUE NUMBER: 847256
ANSWER 1.1: The function of maintaining peace and order by making people take responsibility for their actions through criminal sanction. The second function is to balance the interests of both the individual and community regulating mutual relationships between individuals and society as a whole. ANSWER 1.2: The law is rules that govern society and humans and is recognized by the state and can therefore be enforced.
Rights refer to your human right, your right in a legal relationship and your standing in the eyes of the law.
ANSWER 1.3 A person may have a right to a thing, to his or her physical and psychological wellbeing and right to his personality. ANSWER 2.1 Legislative (makes law), executive (applies and carries out law) and judicial authority (courts of laws that hear disputes from application of law). ANSWER 2.2 Public law – Constitutional law, criminal law, law of procedure. Private law- Law of persons, law of family relations, law of personality. ANSWER 2.3 Legislation: legislation is an authoritive source of law,Mrs. Nkosi must consult any legislation dealing with divorce matters.
Case law: previous decisions regarding cases are also very important and of binding effect.
Common law: refers to the law of South Africa that is not contained in legislation. Mrs.Nkosi must consult this source that is also binding ANSWER 3. Previous conviction of the same crime, seriousness of the offence and prevalence of the offence in the courts jurisdiction. ANSWER 4. Application: parties- applicant and respondent,...
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