scl1501 Study Notes PDF

lOMoARcPSD|4301536
SCL1501 study notes
Skills Course for Law Students (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)
lOMoARcPSD|4301536
SKILLS COURSE FOR LAW STUDENTS
NOTES
1ST SEMESTER 2016

0718875769
hewilladd@outlook.com

lOMoARcPSD|4301536
1
STUDY UNIT 1
The concept of law
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”

lOMoARcPSD|4301536
2
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.

lOMoARcPSD|4301536
3
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.

lOMoARcPSD|4301536
4
Define Bank Education.
Bank education refers to the mere adsorption of information in the sense that as a pupil your knew nothing
and brain was empty and the teacher was expected to fill it with information which must stuck in the brain
until examination time when it should be regurgitated on the examination answer sheet . In other words
facts are deposited into the pupil’s brain until they are withdrawn at the right time for a certain purpose.
NB KNOW THE DEFINITION OF MEMORASATION AND TO EXPLAIN THE CONCEPT OF A LEANER

AS A SUBJECTIVE BEING.
List four activities that characterise a learning process.

Learner participation involves:
 Questioning the information and, if necessary, change or re-interpret it
 Gathering new ideas and info and making it your own
 Relating said information to one’s own life and applying it in relevant situations in a meaningful way
 Interacting/discussing with fellow students or the teacher
 Sharing ideas, etc.
Study Process
1. The exploration phase: entails the generalising of activities to find information about the topic.
Getting background information to become familiar with the work. Start to plan and manage time,
contact fellow students to sort out problems, discussing the topic, identify and clarify difficult
concepts, get an overview of the content, make summaries to study later
2. The fixation phase: Getting to grips with the real content and doing intensive reading. Full
concentration on detail. Consolidation of facts to fully understand material, summarize facts to
capture most important elements, memorise and rehearse to absorb the facts
3. The testing phase: To assess understanding of the material. Asking questions that cover the
material studied. May utilize ‘action words’ (compare, discuss, criticise, and explain).
Study Environment
Elements that is helpful to study effectively:

 Social space : Good relationships with those around you, master it and use it to your
advantage.

lOMoARcPSD|4301536
5
 Physical space: a particular place, be comfortable, proper lighting and ventilation, temperature
control, no interruptions, no distractions
Motivation
Using your own word discuss intrinsic and extrinsic motivation.
Two perspectives:
1. External motivation
Extrinsic motivation stems from the outside of the individual (Outside influence or consequences)
Positive external motivation: if you pass you will get a bursary; if you pass with distinction you will get
promoted
Negative external motivation: if you do not pass you will not be allowed to further register / get a bursary
2. Internal motivation
Intrinsic motivation stems from the inside that is a student motivates himself/herself to succeed.
Intrinsic to the individual to achieve personal long or short term goals
Long-term goals: over a time period (months or years) with tools (signposts) to help reach them
Short-term goals: also referred to as objectives (minutes, hours, days)
KNOW WHY EXTRINSIC MOTIVATION IS WEAKER THAN INTRINSIC

KNOW THE DIFFERENCE BETWEEN THE TWO.
What is a learning contract?
Learning contract: practically writing down an agreement that help you stick to your program of study
placed somewhere that helps reminding you of your goals and commitments.
LEARNING CONTRACT OF JACKMAV HERISON –1ST YEAR LLB STUDENT AT UNISA

I, JACKMAV, IN ORDER TO SUCCESSFULLY COMPLETE THE SCL1501 SKILLS COURSE FOR LAW
STUDENTS, HEREBY UNDERTAKE TO DO THE FOLLOWING:
1. SCHEDULE MY LEARNING ACTIVITIES SO THAT I CAN COMPLETE THE MATERIAL IN TIME TO
WRITE THE EXAMINATION
2. READ THROUGH THE STUDY GUIDE
3. MAKE NOTES AND SUMMARIES
4. SUBMIT BOTH ASSIGNMENTS BY THE DUE DATE
5. PREPARE FOR EXAMINATIONS

lOMoARcPSD|4301536
6
6. WRITE THE EXAMINATION
SHOULD I NEGLECT TO DO THE ABOVE AS PLANNED, WITHOUT VALID REASON, AND BY

PUTTING MY “WANTS” BEFORE THE ABOVE “MUST DO” TASKS, I UNDERTAKE TO FORFEIT MY
FRIDAY NIGHT OFF STUDY EVENING UNTIL I HAVE CAUGHT UP ON MY STUDY SCHEDULE.
THUS AGREED AND SIGNED ON THIS [ ] DAY OF MAY 2016 AT PRETORIA
SIGNATURE:
WITNESS 1: [FULL NAME] SIGNATURE: [ ] DATE: [ ]
WITNESS 2: [FULL NAME] SIGNATURE: [ ] DATE: [ ]
NB Internal motivation should be more developed than external

motivation. If you are self-motivated with the right attitude and have
the necessary confidence you can practically deal with many
factors/challenges that the external environment may pose
KNOW THE RELATIONSHIP BETWEEN LEANING CONTRACTS AND INTRINSIC MOTIVATION
What is the relationship between a learning contract and motivation?

When you constantly read your learning contract, it will remind you of the commitments you have set for
yourself and this will push you to study in order to achieve your goals.
Healthy diet and lifestyle

Avoid unhealthy substances and refined foods, eat lots of fruit and veggies, eat small regularly, lots of
water, get enough sleep and exercise.
Time Management
Joseph is your friend studying at University of Pretoria, he has the following hurdles as regards to
his studies postponing work and procrastination. He only works under pressure and imbalance in
terms of time allocation. Advice him based on your knowledge for Skills Course for Law Students. >
Advise Joseph on how to do time planning and prioritising activities.
Prioritising Activities – When you prioritise you look at the time available at your disposal and allocate
that time in accordance to importance and urgency of your activities.

lOMoARcPSD|4301536
7
The ability to effectively prioritise one’s activities to have balance in work, study, rest and play.
 Prioritise things or activities (Having a list of wants and should do’s)
 Time planning by utilising for instance Timetables (to help deal with procrastination, working only
under pressure, imbalance into. time allocation).
o Burns and Sinfield lists things to consider when planning timetables:
Morning, afternoon or night person? Fitting study around maximum performance times
Time with friends and family? Time for work and chores?
Can you keep your hobbies or interests going during this time?
Time for rest and reading.
When you prioritise you decide what is or not important to you, then firstly you do the important thing first.
Study Groups
Come learn with me and we shall be exemplars of proficiency. But if you yearn to be alone, then you
must learn it on your own.
(REPRESENTATIVES OF PROFICIENT)
How can study groups assist you to be exemplars of proficiency?> write the advantages of study
groups in connection to how one may succeed by working in groups
Without reproducing the study guide, list the cons of study groups.> write the disadvantages of study
groups.
Humans are naturally group orientated. In most cases we identify with groups and are often part of groups.
We acquire and/or learn most things from our fellow humans – often this learning occurs unconsciously or
indirectly
Belonging to a group helps us develop most of our thoughts, social skills and other behavioural patterns.
What makes a group work? The key feature of functional groups is the element of respect and integrity.
Important characteristics of a functional group:
 Understand common objective
 Observe basic house rules (speak one at a time, punctuality, prepare, etc)
 Have roles defined (chairperson, scribe, time keeper, organiser, etc)
 The group must be manageable – normally between 3-5 members
 Each member to contribute to discussions
 Must work co-operatively with preparedness
 Constructive criticism is crucial

lOMoARcPSD|4301536
8
Benefits of a study group:
 Can serve as a pool of motivation
 Provide confidence to engage / participate in discussion
 Different ideas and perspectives help better understanding
 Comparing and discussion help to clarify issues and get better understanding
Disadvantages of a study group:

 Some students do not contribute enough and become parasites
 Some students will not prepare for the discussions
 Some students dominate and have a detrimental effect on the group
 Silent, passive participants that do not contribute
NB BE ABLE TO EXPLAIN > WHY IS IT IMPORTANT TO WORK IN GROUPS AS AN ASPRINAT

LAWYER?
Different kinds of groups
Select a way or model of a group work (study group), and explain why you think it is an effective
way of making a group function
a) The central figure

The person in the middle is responsible for the flow of communication
Model is suitable for simple tasks
C
Disadvantage: central figure can be overloaded with information or C may block the
flow of information
Success of this model relies on the leadership abilities of the person on charge
b) Decentralised Groups
Communication flows freely between members
Suitable for small groups
Fairly unstructured and can therefore lead to ‘’talk shows’’ without a leader

lOMoARcPSD|4301536
c) Free flow communication + chairperson

Communication flows freely between members
C The person in the middle is responsible for the flow of communication

Model used with biggest success
Note-making
Suggests writing down the important points and leave out the less important points.
It is therefore important to have sound reading skills in order to make notes.
One cannot make correct notes if one does not UNDERSTAND the material read.
Different reading techniques: speed-reading, skimming, scanning and study reading
For notes to be adequate and effective, they must contain main ideas, details and illustrations/
examples
Two types/note making styles:

Visual notes: schematic or diagrammatic (mind maps, spider grams, branching notes, tables, flow charts)
Narrative notes: textual and engage a lot of written work (linear notes, lists, time-line notes)
The choice of note making will depend on
Individual learning style
Kind of subject matter (maths different from history subject)
Time before examinations
First time studying particular topic
Study methods
Mnemonics / memory strategies: strategy to recall certain words, figures, keywords, etc. Example:
Acronyms: a combination of letters that is utilised to memorise a list of words/phrases (BODMAS)
Classification: rearranging information in the order that will make it easier to remember by grouping relevant
or associated pieces of info together
Summaries:
What should you bear in mind when summarizing a text?

lOMoARcPSD|4301536
10
Short/brief way of representing the contents of original text – only main important ideas
Do not change the content and ideas of the original text
Read whole text to understand full topic
Find key points and identify keywords
Write in simple language, be objective and factual
ACTION WORDS:
What does the following words/verbs require you to do?
Analyse Divide into sections or elements and discuss in full.

Compare Id the similarities or differences btw facts or examine the differences btw ideas, facts, viewpoints
Contrast Point out the differences between certain objects or characteristics.
Criticise Point out the good and bad characteristics & give your own opinion after taking all the facts into
account.
Define Give a short and concise definition (a summary of essential properties) of a subject or topic.
Describe Name the characteristics of an object or topic. You should do this in a logical, well-structured
way.
Discuss a topic by examining its various aspects. Use a critical approach.
Evaluate Give your own opinion, using certain standards as a basis, about a topic.
Explain & clarify to ensure reader understanding. Use illustrations, descriptions or simple but logical
explanations.
STUDY UNIT 3
READING SKILLS
What are the characteristics of an effective reader?
An effective reader is someone who can read fast but effectively

This means that he or she can:

lOMoARcPSD|4301536
11
•Able to use various reading techniques

•understand purpose of reading and act accordingly
•See bigger picture as well as detail when reading
•Identify the structure of different types of texts
•identify interrelations (within, without and link to known facts
•Make correct assumptions /read between the lines
•Evaluate the text for purpose, content, usefulness, objectivity and scientific correctness
•Interpret and understand the text
An Act of Parliament consists of certain parts. Name and describe any part
Preamble – is an introductory statement in a document that explains the purpose of the document and the
underlying philosophy.

lOMoARcPSD|4301536
12
(a) The short title of the Act is: the Electronic Communications Act, 2005. and sec 98.
(b) You approach an Act by reading the signed text. In our example, the English text was signed by the
President; and the Act was approved on 11 April 2006. The Act was published in the Government
Gazette on 18 April 2006. Sometimes an Act becomes effective on the same date as it is published in
the Government Gazette, but at other times it is indicated in the Act when it will be effective (sec. 98 of
the Act). Always make sure that an Act is effective before referring to it.
(c) The long title of the Act explains the purpose of the act.
(d) Chapter 1, the Definitions where technical and difficult terms or comprehensive phrases in the Act are
explained.
(e) Section
(f) Subsection EXAMPLE
(g) Paragraph Sec 4(1) (a) (i) of Act 36 of
(h) Sub paragraph
When interpreting an Act, what presumptions should be taken into consideration as per the
Interpretation Act 33 of 1957?
 Legislation is presumed to only apply to future events and not retrospectively.
 Legislation is presumed not to change existing laws unless it states so explicitly.
 It is presumed that legislation does not intend unreasonable or unfair consequences.
 Legislation is presumed not to contain meaningless sections.
What is the short title of an Act and where do you find it?
Short title is the name of the Act and it can be found under the transitional sections provisions.
List of Latin phrases to know: check other term in the study guide.
Cur adv vult - the court wishes to its verdict; reserves judgement
Postea - afterwards

lOMoARcPSD|4301536
13
Joseph reads through the case of Molefe v Mahaeng. He comes across the words “ cur adv vult and
postea. He wants to know the reason behind those words. Explain to him what would have
happened if those terms appear in a law report.
When verdict is given on a different day to the day on which the case was heard, the words cur adv vult will
appear. If these words are followed by the word postea which means that the court gave its judgment
afterwards that is not on the very same day when the case was heard.
Reading a court case
Case name
Any reference to a particular case will always start with the name of that case; that is the names of the
parties (or persons) involved in the case.
(1) S v Makua 1993 (1) SACR 160 (T)

The parties are: State v Accused
This is an example of a criminal case. In this type of a case (criminal case) the first party is always the ‘‘S’’;
the state. The other party is the ‘‘accused’’. In our example the accused is thus ‘‘Makua’’.
The ‘‘v’’ stands for ‘‘versus’’ (or against).
You will notice that in earlier criminal cases (that is, cases that were heard by our courts before 1961) the
letter ‘‘R’’ was used instead of ‘‘S’’. Loosely, the ‘‘R’’ stands for the (royal) crown. In other words the
prosecutions during that period (before South Africa became a Republic in 1961) were instituted on behalf
of the King or Queen of England. This is because the King or Queen of England had sovereignty over
South Africa. Note, further, that ‘‘R’’ refers to Latin ‘‘Rex’’ (which means King) or ‘‘Regina’’ (which means
Queen).
(2) Molefe v Mahaeng 1999 (1) SA 562 (SCA)

The parties are: Plaintiff v Defendant or Appellant v Respondent)
This case is an example of a civil case (ie a case between citizens).

In this particular case an action proceeding was used. In action proceedings the name of the plaintiff is
given first, and followed by the defendant’s.
Should the matter be on appeal, the name of the appellant will appear first, and followed by the
respondent’s. In this example, the matter is heard on appeal.
We can say this because the case is heard before the SCA - the Supreme Court of Appeal. Thus, the
parties are the appellant (Molefe) and the respondent (Mahaeng).

lOMoARcPSD|4301536
14
In action proceedings the procedure is started by way of a summons. This procedure (that is, action
proceedings) is used when there is a fundamental difference between the parties as far as the facts of the
case are concerned. In our example, there is a fundamental difference in the sense that the parties differed
on who caused the accident.
Molefe said the accident was the result of Mahaeng’s negligence, and Mahaeng said that he was not
negligent.
(3) Ex Parte Addleson 1948 (2) SA 16 (E)

The parties are: Applicant and/or Respondent if any
This case is another example of a civil case. However, here the application proceeding has been used. In
application proceedings the Latin words ‘‘Ex parte’’ (in the application) appear before the applicant’s name.
In other words, the name of the person who is bringing the application (the applicant’s name) immediately
follows these Latin words.
With reference to our example, Mr. Addleson brought an application to be admitted as an advocate.
In application proceedings, the procedure is started by way of notice of motion. Unlike in action
proceedings, this procedure (that is, application proceeding) is used when there is no fundamental
difference between the parties as far as the facts of the case are concerned. The parties, in other words,
more or less agree on the facts of the case.
Usually one party, namely the applicant, is involved, and it is that party who brings the application. If there
is another person who wants to object to the application, then that person would be indicated as the
respondent.
In our example, Mr. Addleson applied to be admitted as an advocate. If someone wanted to, such a person
could have objected to his (Mr. Addleson’s) application, and he/she would thus be the respondent.
List the characteristics of an application proceeding.

It is used is a civil case
The procedure is that by way of notice of motion
The words Ex parte appear before the applicant’s name
Also know action proceeding
Name the characteristics of action proceeding

In an action proceeding the procedure is started by a way of summons
This procedure is used when there is a fundamental difference between the parties as far as the facts of
the case are concerned.
Action proceeding is used in civil cases

lOMoARcPSD|4301536
15
NB BE ABLE TO DISTINS BE ACTION AND APPLICATION PROCCEDING
Law Reports:
SACR South African Criminal Law Reports. Only criminal law cases would be reported here
SA South African Law Reports
CLR Commercial Law Reports
SALLR South African Labour Law Reports
BCLR Butterworth’s Constitutional Law Reports
What does series law reports mean and give examples?

The abbreviation that appear after the date and volume of the report. Name any of the above examples.
It is important to note that:

 Not all civil and criminal cases are reported. Only the ones (cases) that are regarded as important are.
 No magistrate’s court cases are reported.
 Only certain decisions of the higher courts are reported.
 All constitutional cases are reported
The court where the case was decided
What is the meaning of meaning of court a quo and the court of first instance?
 The phrase, the court of first instance, is used to refer to the court in which the case was heard for the
first time.
 The court a quo (‘‘from where’’) is used to refer to the court where the case was heard before it came to
the present court on appeal.
This process may be illustrated as follows:
Magistrate’s court in Welkom: hears case as court of first instance.

↓
Appeal from magistrate to High Court: Magistrate’s court is the court a quo in relation to the High Court
↓
Appeal from High Court to Supreme Court of Appeal: High Court is the court a quo in relation to the
Supreme Court of appeal.

lOMoARcPSD|4301536
16
Date on which the case was heard

The date on which the matter was heard is normally written, or rather it appears, under the name or names
of the judge or judges who presided over that case. In this respect, you may look at our examples:
Catch Phrases (Flynote)

The catch phrases, also called a ‘‘flynote’’, are the most important points with which the judgement is
concerned. The catch phrases are put in point form and are separated by dashes. You use the catch
phrases of a case to get a rough idea of what the case is about.
Other than this aspect, the catch phrases have very little value. The publishers compile the catch phrases
in such a way that they do not form part of the judgment itself.
Headnotes
The headnotes are also written by the editor of the law reports, who is employed by the publishers. The
headnote is a summary of the case. It includes all the aspects of the case that the editor considers to be
important. It usually includes the area of law that the case is concerned with as well as the ratio (see below)
of the case. Some sentences in the headnote start with the word ‘‘Held’’. This word indicates a finding of
the court. It usually takes the following structure or format: ‘‘the court held that ...’’. The headnote is useful
because it gives you an idea of what the case is all about. You should not always rely totally on the
headnote because the editor’s summary may be incomplete or inaccurate
What does the word Held in a headnote indicate?

Some sentences in the headnote starts with the word “held”. This explicitly indicates a finding of the court
and usually takes the following structure
“The court held”
Legal representatives
The names of the legal representatives; in other words, the persons who represented the parties in court,
appear after the headnote. The term, ‘‘legal representatives’’ refers either to advocates or attorneys.
Summary of heads of argument

The summary of heads of argument is a summary of the arguments and authorities which the lawyers
presented to the court
Date on which judgment is given

lOMoARcPSD|4301536
17
A case may sometimes be heard on one day and the judge is able to give his/her decision on the same
day. However, it often happens that the judge is not able to give his/her judgment on the same day on
which the case is heard. In such a situation the case would, therefore, be heard on one day (as discussed
above) and then judgment given on another day.
When judgment is given on a different day to the day on which the case was heard, the words ‘‘Cur adv
vult’’ will appear. This is short for the Latin curia advisari vult, which means ‘‘the court wishes to consider
the verdict’’. These words are followed by the word postea which is the Latin for ‘‘afterwards’’. After postea
you will see a date. That is the date on which the judgment was given.
Judgment
If in a particular case the word postea appears, the name of the judge will then appear again below it.
Where you see this name it is the point at which the judgment starts. The name of the judge is given to
indicate which judge gave the judgment, if there is more than one judge hearing the case.
Most often the judgment will take the following form:

(a) First, the facts are given.
(b) Second, there is a discussion of the relevant legal principles.
(c) Third, the existing law is applied to the facts of the case.
(d) Fourth, a decision is given in the light of the relevant legal principles.
(e) Fifth, an order is given.
(f) Finally, an order regarding costs is made.
Different kinds of judgments:

A case may sometimes be heard by more than one judge. If the judges are in agreement, one judge hands
down the judgment. This judgment represents the opinion of all the judges on the bench. Judges may also
disagree with one another, and when this happens more than one judgment can be handed down. We
would, in such situations, get different kinds of judgments.
We are now going to explain each of these judgments briefly:
NB KNOW THE DEFINITIONS OF KINDS OF JUDGMENTS.
Majority judgment

lOMoARcPSD|4301536
18
A majority judgment means that the majority of judges who have heard a particular case give the same
judgment based on the same reasons. One judge gives the judgment and the others concur with it. The
ratio decidendi of the majority judgment creates the precedent to be used in future cases, and is binding.
What is a precedent? KNOW
It means that the decisions of high court are binding on low courts.
Minority judgment
In a minority judgment the judge disagrees with the majority and reaches a different conclusion. In such a
case a judge differs from the majority of judges as far as the judgment and the reasons for the judgment
are concerned. Such a judgment does not establish a precedent. It can, however, have persuasive force in
the future. It is also possible for a judge to concur with the minority judgment of another judge.
Separate judgment
Sometimes a judge does not disagree with the conclusion of the other judges, but has different reasons
for his/her judgment. Any reasons added by the judge for his/her judgment, do not establish a precedent.
The ratio decidendi is only to be found in the majority judgment. It is also possible for a judge to concur
with the separate judgement of another judge.
Order as to costs
What are orders as per cost?
After a case has been completed, the costs must be paid. The costs are the expenses involved in the case;
in other words, the expenses relating to the case, for example the account of the attorney and/or advocate.
The presiding officer (that is, the judge or magistrate) makes an order. This order will stipulate which party
has to pay which costs. Sometimes the one party is ordered to pay both his own legal representative’s
account, as well as the other party’s expenses. Sometimes each party must pay his/her own costs, or one
party may have to pay a certain portion of his/her own costs and the other party pays the rest. These orders

lOMoARcPSD|4301536
19
are called ‘‘orders as to costs’’ and are given at the end of a case. Sometimes, no order as to costs is
made. Dismissed with costs: the appellant had to pay all costs
Reading and understanding a journal article
What are the four steps you will take when reading an article?
 Read the title as well as the abstract
 Skim read the article
 Read the article again for detail
 Read the article again including the footnotes, as footnotes sometimes contains valuable
information.
What do you understand by the concept “bibliography?”

A bibliography is an alphabetical list of sources that you used during your research. A bibliography is found
at the last page at the end of your research document.
STUDY UNIT 4
COMMUNICATION SKILLS
1. Introduction
6. Litigation and
2. Non-Verbal
Advocating in a
Communication
Court of law
Communication
And litigation
Skills
5. Logic and
3. Interviewing
Arguments
4. Listening

lOMoARcPSD|4301536
20
Non-verbal communication
What do you understand by non-verbal communication?
People usually communicate through verbal or written expression where sounds or works have specific
meanings
We can also communicate through our body language (facial expression, posture etc) without speaking (or
writing)
This unwritten, unspoken method "language" is called non-verbal communication
How do you relate non-verbal communication to our profession as a lawyer?

Use examples to illustrate why non-verbal communication is an important element in a lawyers
work.
The Importance of non-verbal communication for a lawyer
Non- verbal communication is important to lawyers because their work relies on credibility and persuasion
Persuading the client you can win his case and persuading the judge to accept the logic of your arguments
Non-verbal communication can contributes to the success or failure of the lawyer
Lawyers need to master the art of non-verbal communication to create credibility by the way they dress,
their attitude and by the unspoken message they give to the client and when appearing in court
Research indicates 35% of message is communicated verbally 65% non-verbal
Examples of non-verbal communication:

Clothes, body language, eye contact, facial expression, tone of voice
Interviews (Exam practical scenario)
The following functions of an interview:

 To establish the interpersonal dimensions of the lawyer-client relationship;
 To identify the issues and obtain sufficient detailed information to advance the matter;
 To determine the client’s objectives, and so far as possible, advise accordingly;
 To prepare the way for further action on behalf of the client.
Preparing for interviews

 Know the kind of information you will need for the file: personal details, addresses, employment,
contact numbers, marital status, identity documents, birth certificates etc.

lOMoARcPSD|4301536
21
 Research the applicable law. If, for instance, the matter is about your client’s dismissal from work,
you may have to refresh your knowledge of Labour Law.
 Read textbooks on the issue and get relevant cases on dismissals and related topics.
 Make sure the cases deal with facts similar to the ones regarding your case.
 Jot down the relevant facts or aspects that you consider essential to the case, or that which you
think you might need to prove your case. These will inform the type of questions that you have to
ask.
 Write down the relevant questions for the information you want to obtain from the person you are
going to interview.
 Think of the possible questions that your opponent may ask your client. You will find this strategy
useful when you ultimately frame your questions during the interview.
The actual interview
When you meet the client or witness, try to make him/her feel at ease. It is at this stage that clients or
witnesses feel apprehensive, anxious or nervous. Make them feel that they are welcome, and that you are
willing to help them. In this regard you should note the following:
 One of the approaches you may take is to start off by showing interest in the client or
witness.
 Do not rush into the main issue that has necessitated the interview. You should allow them
to relax.
 Enquire about his/her name, and how he/she would prefer to be called. Establish whether
he/she would like to be called, say, ‘‘Mr. Nkhwashu’’ or simply ‘‘Richard’’.
 Talk about general things, eg what could be happening in the wider social sphere, like sport;
ask about his/her hobbies, where he/she lives, general information about his/her
background.
 If possible do offer him/her tea, coffee or a soft drink.
 If you are interviewing a witness, you need to tell him/her who you are acting for (ie your
client).
 Reassure the witness about the confidentiality of the discussion or interview.
When the client or witness seems relaxed, you may get to the ‘‘real’’ questions relating to the matter.
Remember that this is what the whole interview is for. You should make sure that you get what you want
from the interview: For example, you may start of by saying:
‘‘We are preparing a court case regarding the collision that happened on the Lydenburg Road on 03
January 2007, and would like to get more information from you. We got your details from our client, Mr.
Peu, whose car was one of the cars involved; and he said you witnessed the collision and that you were
willing to assist the court in the matter.’’

lOMoARcPSD|4301536
22
Thereafter you may get into asking the questions that require the more specific details regarding the matter.
In this respect you should consider the following points:
 A safe approach is to ask the client or witness to give a short outline of what happened. You
should do this to give yourself the opportunity to get the general sense of the ‘‘story’’.
 Take notes as he/she speaks so that you have the necessary information.
 You may stop the witness if he/she speaks too fast or if you want something clarified.
 After this initial run, you may politely ask him/her to start the ‘‘story’’ from the beginning (that is,
he/she should give an outline of the events again).
 At this stage you should check inconsistencies, and whether there are any deviations.
 You should, again, be free to stop him/her and politely ask him/her to clarify such deviations.
Take notes.
 Remain focused on the facts or the ‘‘story’’. In this way you should be able to sift away his/her
emotions or opinions, and stick to the facts.
 Finally, ensure that the client or witness gives you the information that is relevant to the
questions you considered before the consultation and that such information will help you
develop your argument as far as the ‘‘issues in dispute’’ are concerned.
HOW TO HANDLE THE INTERVIEW – ONCE THE CLIENT/WITNESS HAS RELAXED
We are preparing a court case regarding……. Matter related details (circumstance/ place/date) and
would like to get more information from you
Your details were given to us by …….. . He said you witnessed the ……… and that you were willing
to assist the court in this matter.
You can then ask the questions needed to obtain more specific information regarding the matter.
1. Ask the client or witness to give a brief description of what transpired as this will
provide you with an understanding of situation.
2. Take notes while the interviewee provides the information
3. Stop the person for clarification or if she/he speaks too fast
4. Ask the client/witness to repeat the brief description a second time
5. You can then check for inconsistencies or deviations
6. If you discern deviations or inconsistencies politely ask the person to stop and request
clarification on the issue – take notes
7. Remain focused on the facts as this will enable you to set the emotions aside
8. Apply your listening skills and techniques

lOMoARcPSD|4301536
23
9. Ensure that the interviewee has provided the information in answer to the questions
you formulated prior to the interview which will assist you develop your argument with regards
the disputed issues.
OVERVIEW
Listening skills
Why do lawyers need listening skills?

 Listening is an essential skill for lawyers because the nature of their work requires well-developed
listening skills taking into consideration the importance of obtaining relevant information and facts
during consultations, court appearances and communication with other role players in the legal
system and processes.
 Failure to listen to the information provided by a client or a witness will impede the accuracy of
gathering relevant information and providing accurate advice. it may also hinder establishing a
connection with the interviewee and gaining his/her trust and confidence there is a difference
between hearing and listening – hearing is passive whereas listening is an active, conscious action
by the receiver of a message

lOMoARcPSD|4301536
24
What is a good listener?

A good listener would be someone who understands why he has to listen to something, in the first place.
He knows what he wants from the context in which he/she is listening. The following are some of the points
that characterise a good, and effective, listener:
 Be empathetic.
 A good listener keeps eye-contact and responds to the speaker accordingly.
 A good listener also listens with his eyes. This is especially so in face-to-face interactions where the
listener is able to receive messages transmitted by non-verbal communication mode, such as facial
expressions.
 A good listener also participates in the interaction, silently, by active body language. In other words,
as you listen to the speaker, you also give that speaker feedback to make him/her feel that his/her
message is received, and reassure him/her that he/she is being attended to. An example in this
regard would, for instance, be nodding.
 A good listener would thus also encourage the speaker that he/she is actively involved and is
interested in the interaction by using both receptive language (eg ‘‘I see’’) and non-verbal cues (eg
nodding or shaking head).
 He/she seeks clarification where there is any misunderstanding, or signs that there is coherence in
what is being presented. He/she would thus ask questions if he/she is not really sure whether
he/she understands what is being said.
 He/she cares about the speaker and other role players in the listening context, and value of the
messages (not necessarily that he/she agrees).
 He/she pays full and genuine attention to what is said. He/she does not fake attention.
 A good listener shows interest in, and commitment to, the interaction. In a professional setting this
will be evident when the listener takes notes.
 A good listener must be open-minded. Allow your mind to be open to new ideas and criticisms and
thus be comfortable with ideas you may not agree with.

lOMoARcPSD|4301536
25
What is logic?
A.
DEDUCTIVE
REASONING
LOGIC AND
LEGAL
ARGUMENTS
B.
INDUCTIVE
REASONING
C. GENERAL
REMARKS
Be able to distinguish between A and B
ARGUMENTATION forms the foundation for all forms of legal arguments or oral advocacy
CONTENT OF THE LAW is both substance and rules of procedure
THE ROLE OF A LAWYER is to solve a problem by applying relevant laws in an argument which
persuades the court of its validity so that you achieve your objectives
LEGAL ARGUEMENTATION is the action of the lawyer to apply the relevant law to a specific legal
problem
The ability to argue effectively depends on successfully creating a logical sequence of ideas which
lead to a likely or acceptable conclusion.

lOMoARcPSD|4301536
26
WHAT IS LOGIC?
What is the relationship between logic and legal practice?
Logic has to do with the ability to solve problems by argumentation thus by using logic you are able to
persuade the courts about the validity of your argument.
Logic is the study of rational thinking and relates to the structure of valid arguments LOGIC is related to
the ability to solve problems by argumentation and good thinking WHAT IS AN ARGUMENT?
It is a web of statements in which one statement is made on the strength of the rest. The relationship
between the premise and the conclusion may take different forms. The best known forms of argument
are Deductive reasoning and Inductive reasoning.
a) Deductive Reasoning: Goes from general to specific
If you know the premise you know the conclusion as it is almost a certainty
Example: All pears are fruits, all fruit grows on trees therefore pears grow on trees.
3 aspects of Form and Content
In deduction the form determines the validity. P1 plus P2 results in C o Truth
For an argument to be true and valid the premises have to be true from which a true and valid
conclusion can be deduced o Meaning
Deductive reasoning does not provide new information but tends to provide clarification on existing
information. Clarification and interpretation are important aspects of legal participation.
b) Inductive Reasoning: Goes from specific to general
Example: Jerry is an attorney, all observed attorneys are attractive therefore Jerry is attractive o
Argument from (so-called) law
Lawyer argue from the basis of laws and have to show if the laws can or cannot be applied to the
specific case. This is form of argument is often used to establish a pattern of behaviour if someone’s
behaviour is under examination.

lOMoARcPSD|4301536
27
Connectedness or correlation
This is a weaker form of argumentation and is based on establishing a link between two events e.g.,
because this then that is to be expected. Provides and excuse.
Causality
This is a general form of argument in the legal spheres as causality usually has to be proven. This is the
strongest link between two events.
c) General Remarks
i. The nature of premises

• Should be relevant to the point in question Can be perceived or
acknowledged facts.
• Or Assumptions
• Conclusions in previous arguments Two forms of irrelevant
argumentation:
• Argumentum ad hominum
Explain fully with examples the notion of argumentum ad hominum.
(Personal attack) attacking the arguer instead of the argument being made.
• Argue from authority – introducing a name in an attempt to strengthen an
argument without using an authority correctly
ii. Beware of arguing in circles
Occurs when the desired outcome is introduced as a premise- unacceptable
because it starts with what still must be proven
iii. Criticism
Views and opinions must be substantiated and open to criticism and discussion in
principle. Criticism of an argument can be focused on the premises or the
conclusion. The principle of reasonableness must apply
iv. Non-sequitur –conclusions do not follow the premises that they are supposed
to originate from.
Must be avoided

lOMoARcPSD|4301536
28
Logical order should lead to a rational result or conclusion
There are ways in which logical reasoning can be challenged in situations
• The argument is based on weak and unacceptable premises

• Inferences made from the premises are faulty
• Non sequitur where the final conclusion made does not follow the premises
presented.
What is a good argument?
• It is a strong argument
• The premises should not only be true but be understood and accepted by the
intended audience
• It should successful persuade its audience
Litigation and Advocating in a court of law
How to draft an opening address
Address the Magistrate
•Your worship
State your name
•My name is Joseph Harrison from Harrison & Maverick

Associates
State for whom you act
•I act for the plaintiff /defendant [NAME AND SURNAME]
State what the matter is about
• This is a claim for damages resulting from a motor collision which occurred on
24 September 2016, at the intersection of Vanguard Drive and Franz Comrade
Boulevard in Goodwood Cape Town
State the issue in dispute

•The parties differ on the quantum of the claim
State what evidence you will present
•I will call Prof Duvenhage, an expert in reconstruction of accidents as well as

Mr. Jack a panel beater from Jacks Panelbeaters situated in Goodwood Cape
Town

lOMoARcPSD|4301536
29
EXAMINATION –IN-CHIEF
•Conducted after the witnesses have been sworn in
•Encourage the witness to relax
•Your objective is to get the witness to provide a logical and coherent account of the incident
•Adopt a calm, friendly conversational style of questioning
•Frame your questions so that the response from the witness provides only the information you require
•Your witness’s evidence should correspond to the information provided in the pleadings
•Avoid asking leading questions (leading questions elicit responses about information that is still to be
provided)
CROSS-EXAMINATION
Is the process of checking, challenging or extending the testimony already given by a witnesses.
•The cross-examiner may become aggressive during the cross-examination in an effort to demonstrate that
the witness’s testimony is not reliable.
•Your opponent will cross-examine your witness after you have completed the examination-chief.
•Cross-examination should be done carefully so that you do not inadvertently strengthen your opponent’s
case.
•Cross-examination can also be used to obtain information from your opponent’s witness that can
strengthen your case
•Focus on what you need to obtain from the cross-examination and be forceful in doing so if necessary so
that the witness’s version of events is tested and inaccuracies are exposed
•Your aim should be to discredit/create doubt about the facts and veracity of the witness’s testimony
RE-EXAMINATION
•Re-examination is done after your witness has been cross-examined
•The purpose of re-examination is to reduce or repair any damage that may have been done during cross-
examination
•Some lawyers feel you should only re-examine only if you have to otherwise you could do damage to your
own case if the witness contradicts previous statements

lOMoARcPSD|4301536
30
CLOSING ARGUMENTS
•Presented after both sides have presented all their evidence to court
•Meant to persuade the court to accept your arguments and find in your favour
•Prepare typed heads of argument to support your argument
•Heads of argument are written presentations where you briefly outline
i. The facts or background of the case
ii.The evidence
iii.Applicable law and sources
iv. Ask the court for a specific order or orders- often referred to as prayers or remedies
•The heads of argument will be verbally presented during your closing argument/statement
Prayers > Example of prayers.
Draft a concise paragraph that would constitute your “prayers”
I pray that, the court finds Steel Woods cc (state the name of the defendant) guilt for the personal injuries
caused to my client , wherefore I pray that the defendant pay my client R30 000 in regards to the medical
expenses he incurred and all legal costs.
FORMULATED DIFFERENTLY: Draft a text that effectively asks the court for an appropriate remedy
for your clients

lOMoARcPSD|4301536
31
Study unit 5
Legal actors
Overview of legal actors in the South African legal system.
ORDINARY PRIVATE PUBLIC PROTECTORS PRESIDING COURT OTHER LEGAL

MEMBER PRACTIIONERS PRACTIONERS OFFICERS OFFICIALS OFFICERS
OF /FUNCTIONARIES
SOCIETY
Client Paralegals Prosecutor Public Judge The Registrar of
Protector Master ‘Deeds
Criminal Attorneys State Public Magistrate Registrar Companies and

accused Attorney Defender of the High Intellectual
Court Properties
Commission
Civil parties Advocates State Ombudsmen Small Claims Clerk of Commissioner of
Advocate Court the Court Oaths
Commissioners
Conveyancers State Legal Traditional Family Marriage Officer

Advisor leaders Advocate
Notaries Presiding The

Officers in Sheriff
special courts
The Police

lOMoARcPSD|4301536
32
What is a social contract?
SOCIAL CONTRACT refers to the consensus of a group of people who have willingly united and agreed to
a system of rules by which their lives will be governed and which provides order, protection and certainty in
the situation.
Ordinary citizens as legal actors:
1. ORDINARY CITIZENS: The legal system is created by citizen to serve them. In terms of a SOCIAL
CONTRACT, citizens agree to comply with the system
2. Legal processes often revolve around the individual member of society
3. The individual should be seen as a fundamental actor in the legal system and processes
4. In specific cases may be:
 Client
 An accused or complainant in a criminal matter
 Plaintiff or defendant in a civil matter
 Witness
5. The participation of the ordinary citizen in the legal system may be by
a. Direct involvement:
b. Proxy
6. Important role should be recognised and not disregarded. Exercises
1. Summarise the text in two narrative lines.
Initially ordinary citizens play a pivotal role in the creation of the legal system and processes through a
social contract and later by participating in various roles. E.g. Parties to civil or criminal litigation.
2. Discuss the meaning of:
1. Formal Functionaries: means the various legal practioners and officials who participate in the legal
system who have a specific function in the execution of the law such as attorneys, judges, agencies such
as the SA Law Reform commission and so on.

lOMoARcPSD|4301536
33
2. Democratic Constitutional order: means a legal order that is representative of the will of the people
and that safeguards their personal legal rights from interference by the state, influential others and other
individuals.
3. Civic duty: means the duty that each person has towards the community or general public
4. Actor: in the legal context means a person or agency that plays a role in the legal system and
processes
3. Discuss the role of the citizen as a legal actor in the South African legal system
• ORDINARY CITIZENS: The legal system is created by citizen to serve them. In terms of a
SOCIAL CONTRACT, citizens agree to comply with the system
• Legal processes often revolve around the individual member of society
• The individual should be seen as a fundamental actor in the legal system and processes • In specific
cases may be:
 Client
 An accused or complainant in a criminal matter or Plaintiff or defendant in a civil matter or Witness
• Important role should be recognised and not disregarded.
4. Clarify:
a. Referenda: refers to votes and surveys in which the citizens of a specific geographic area
participate
b. Elections: refers to the democratic process where the citizens of a specific geographic region by a
system of voting (secret ballot) choose individuals, parties or groups who will represent their interests in as
specific context.
Explain the meaning of proxy in light of lawyers.
PROXY: refers to the indirect participation of an individual who is represented in a situation by a

representative (agent) or representatives (agency).
Legal Practitioners as legal actors
NB KNOW THE FUNCTIONS (SEE STUDY GUIDE)

lOMoARcPSD|4301536
34
Legal practitioners may represent the individual by proxy. Members of society may encounter legal issues
and challenges which require the assistance of attorneys, conveyancers, notaries, paralegals, the Public
Protector or ombudsman. Legal issues can occur in civil (private) and public (criminal) matters. In
public/criminal cases they will deal with, for example, prosecutors, the Public Prosecutor, state attorneys,
state advocates, the police, etc.,
Legal practitioners can be divided into two groups:
a. Private legal practitioner
b. Public legal practitioners
a. Private legal Practitioners
• Attorneys
• Advocates
• Paralegals
• Candidate attorneys
• Conveyancers
• Public notaries
b. Public legal practitioners
i. The Prosecution
1. Prosecutors
2. State Advocates ii. State Attorneys
iii. The state legal advisors

lOMoARcPSD|4301536
35
c. Presiding Officers
• Judges
• Magistrates
• Small Claims Courts Commissioners
d. Court Officials
• The Registrar of the High Court
• The Clerk of the Court
e. Other Legal Officers and Functionaries
• The Registrar of Deeds
• The Companies and Intellectual Property Commission
• Commissioner of Oaths
• Marriage Officer
Overview of Attorney and Advocates Professions
NB COMPARE THE REQUIREMENTS
Requirements Attorney Advocate
Training LLB Degree; Legal Articles of LLB Degree; Pupillage

Clerkship or (ranging between four months
to 1 year) Bar examination
Articles (1 year plus practical legal
training)
Attorney’s admission exam (the

Side Bar Exam)
Controlling Body Law Society of South Africa (LSSA) General Council of the Bar
Provincial Bar Societies
Act/Rules Attorneys Act 53 of 1979 Admission of Advocates Act

74 of 1964

lOMoARcPSD|4301536
36
Jurisdiction Deals Directly with the All courts in South Africa

public(clients) Practises and right of
appearance in the lower courts
Powers/Competencies General legal matters and problem Litigation

solving Examples:
Drafting legal documents
Drafting of contracts, wills, powers
Pleadings
of attorney, and other legal
documents Legal Opinions
Litigation
Representation
Ex officio commissioner of oaths
Study Unit 6
Numeric Skills
What is numeracy?
Numeracy is the ability to understand and use numbers. Numeracy is the ability to read, write and
understand numbers, statistics, graphs and calculations.
Why lawyers need numeracy skills?
Write the importance of numeric skills.
As a lawyer, having numeric skills implies that a you can work confidently with numbers, understand
numeric expressions and communicate or transmit information using numbers ,graphs and calculations.
For instance lawyers need numeracy skills in the following fields …
 Calculating damages when making claims on behalf of your clients

 When you advise on matters with financial implications for instance commercial contracts.
 In certain areas such as tax law or commercial require advanced mathematics literacy

lOMoARcPSD|4301536
37
 As an attorney you will keep account of your clients’ money in a trust account.
Why you need math with yourself? In what sense will bad numeric skills disadvantage you in your
practise?
When you have your own law firm one day you will determine damages especially concerning motor
vehicle accidents, work out the interest on defamation claims. In your law firm, you have to monitor and
manage your own business that is income and expenses, calculating clients’ bills and VAT amounts to be
paid
NB APPORTIONMENT/ WHAT IS SALVAGE VALUE / KNOW THE ATTORNEYS ACCOUNT
Question
Sparks Dlamini approaches Vava of Arvina-Jima Attorneys, an attorney at law practising in the Polokwane-
Seshego area, to assist him with his claim for damages resulting from his dispute with Zama Ngwenya. The
agreed remuneration is as follows:
Every letter written R75

Every letter received R45
Drafting of summons R967
Drafting of an affidavit R77 per page or any part thereof
Telephonic consultations R128 per 10 minutes or any part thereof
Consultation R888 per 30 minutes or any part thereof
Stamps R5,75 Vat excl
During the past month the attorney rendered the following services:
Received 11 letters
Wrote and posted 9 letters
Drafted four affidavits: 1 consisting of 1½ pages, 1 consisting of 2½ pages and 2 consisting of 4½ pages
each
Consulted thrice telephonically: first for 23 minutes, second for 11½ and later for 36 minutes
Consultation twice: first for 33 minutes and later for 2½ hours
Instructed an advocate to draft a pleading. The Advocate charged R1505, 00 VAT excl
You referred the client to Fetakgomo Medi-Clinic near Lebowakgomo Centre to consult an orthopaedic
surgeon at a cost of R4236, 50 VAT excl.

lOMoARcPSD|4301536
38
Draft Vava of Arvina-Jima Attorneys’ comprehensive statement of account to Dlamini. (10)
SOLUTION
Item/Service Fees (VAT incl) Disbursements (VAT excl)
Letters received 11 x R45 R495

Letters written 9 x R75 R675
Stamps/Postage 9 x R5,75 + 14% VAT =
R59
Affidavits
1 ½ pages: 2xR77= R154 R1155
2½ pages: 3xR77=R231
2x 4 ½ pages: 10xR77=R770
Consultation:
33 min: 2 x R888= R1776 R6216
2½ hours: 5 x R888 = R4440
Telephone consultations
26 min: 3xR128= R384 R1152
11 ½ min: 2xR128= R256
36 min: 4 x R128 = R512
Advocate’s fees R1505 + VAT = R1715.70

Medical fees R4236,50 +VAT =
R4829.61
Total= R9693 R 6604.31

Vat @ 14% = R1, 357.02
= R11050, 02
+ Disbursements = R6604.31
Total due by Sparks Dlamini: R17 654.33

lOMoARcPSD|4301536
39
Question
Sparks Dlamini purchased a Range Rover last week for R630 500 (VAT incl). While driving from the Point
area along OR Tambo Road in Durban, he collides with Skhathele Vava, who is the owner-driver of a BMW
335i. Dlamini is 20% negligent, whereas Vava is 35% negligent. The damage to the Range Rover is
estimated at R152 000.00. It is uneconomical to repair the BMW, but its salvage value is R105 000.00. The
pre-accident value of the BMW was R389 000.00.
With reference to the damages to Dlamini and Vava’s motor vehicles, calculate who must pay whom, and
what would be the amount in damages.
This question practically deals with the aspect of “apportionment”. In this particular instance, it is the
apportionment of damages resulting from a motor vehicle collision situation. Note that, in the final analysis,
the person who owes more should be the one to pay the difference. You should bear in mind that we work
on the basis of the pre-accident value rather than the purchase price. Take further note that your main
focus should be on the actual damage suffered. Thus, if the motor vehicle is uneconomical to repair, the
salvage amount/value should be subtracted from the amount of damages.
Sparks Dlamini
389 000 – R105 000 = R284 000
20/100 x R284000 = R56 800,00
Skhathele Vava
35/100 x R152 000=R53 200, 00
Thus, R56 800-R53 200 = R3 600
Sparks Dlamini must pay Skhathele Vava R3 600,000

lOMoARcPSD|4301536
40
Overview of the module (Important)
Verbatim
-We must always use our examples.
-For every point you make ½ a mark is awarded, thus for a 1 mark question you must write down 2 points.
-Do not rely on past papers too much as they post new Questions in the exam.
STUDY GUIDE SEC 1
Study skills – the phases are important e.g. Exploration, fixation, testing (know these phases well)
These phases or stages overlap because learning is integrated!
LEARNING & SUBJECTIVE BEING
Learning is a key element of the study process; it’s the essence of studying. Learning is an active process.
When you learn you gather information, you must also process information. You must also relate the
information to your own reality. E.g. when you take a taxi you need math to determine if you receive the
right amount of change. USE YOUR OWN EXAMPLES.
SUBJECTIVE BEING
An individual does not behave like an object, an object cannot think, whereas a subjective being can think
and apply knowledge to practical situations
PHASES: EXPLORATION, FIXATION, TESTING
Distance between the physical (desk, room) & social environment(people around you)
MOTIVATION
Intrinsic or Internal
- Inner drive as a student
- Slower level of motivation
- Doesn’t depend on outside force

lOMoARcPSD|4301536
41
- You own goals pushes you
Extrinsic or External
- Outside force
- Eg your parents forcing you to study
TIME MANAGEMENT
Premised on the concept of prioritising.
Explain prioritising? What is the key element?
Answer: Separating the less important things from the most important things (you must be able to identify
your priorities) the should do’s from the could do’s, needs & wants.
STUDY GROUPS
-co-operating learning, to defeat the study material.
Why do we have study groups in learning & legal practice?
Pg13 sg-advantages & disadvantaged of study groups NB*
MODELS…KNOW EACH MODEL THOROUGLY
EVALUATE EACH MODEL & USE EXAMPLES.
Note making know the differences.
Summarising- important points to consider when making notes 2nd paragraph
Hint
Action words
Action words-key words in the question that carry an instruction
Eg explain, compare
SEC 3 COMMUNICATION SKILLS

lOMoARcPSD|4301536
42
Know the concept of non-verbal communication!!!!!!!!!!!!!! Which means sending msg’s without verbalising
or communicating without words.
Interviewing skills.
Between an interviewer & an interviewee who must prepare for the interview? It is the interviewer who
must prepare in terms of the questions he will ask the interviewee.
A good interviewer has good listening skills, he listens with his ears but has heart felt emotional listening
skills. He must be able to connect & apply oral advocacy to situations.
Key- when client comes for 1st consultation(put the client at ease)
Draft 2 questions to ask your client to put him at ease during the 1st consultation.
Eg 1. What is your fav sport?
2. what is your fav team?
Don’t make statements, but ask questions
Don’t brag and promise the client that you will win the case
EG a client comes to you who has been in an accident. He is injured & his car damaged.
You as an attorney must be able to frame proper questions & be able to give the court an overview of the
matter.
EXAMINATION IN CHIEF
Ask questions such as
- Who are you?
- With whom were you?
- Where were you?
- What happened?
Do not ask yes/no questions!!!
Where you at unisa on Thursday is a Yes, No question.
CROSS EXAMINATION
You are allowed to ask yes,no questions!

lOMoARcPSD|4301536
43
You are allowed to ask closed questions
Eg where you at unisa on Thursday?
ARGUMENTATION
Prepare an argument based on the
1. facts of the case
2. Sources you consulted eg acts, articles of parliament
3. Your prayers i.e remedies as well as the courts
4. What you want the court to do on behalf of your client
Eg I pray that the defendant pay my client R1000.00& the cost of the suit.
LOGIC
Non-Sequitor – use your own examples
READING SKILLS
Legislation i.e statutory law, acts laid down by parliament. Is the law laid down by organs of state.
It is a powerful source of law that binds society.
How to read an act
Eg THE ELECTRONIC COMMUNICATIONS ACT – (Short title)
The purpose of the act ( Long title, paragraph in bold)
Preamble (1 part of an act-underlining the philosophy of an act)
Assented to: text signed by the president, before the act has been published it has to be approved by the
parliament & then signed by the president, the signed text becomes the official version.
When did the act come into operation (see last sec, government gazette)/buterworths
Presumptions – see study guide
Learn the latin phrases

lOMoARcPSD|4301536
44
READING A COURT CASE
S VS MAKUA
1993(1) SACR – VOLUME 1 – SOUTH AFRICAN CRIMINAL RECORDS
Catchphrase same as flynote – judgment of the particular case
Headnote – used to get a rough idea what a case is about & the area of the law the case is concerned with.
Starts with the word held.
MAJORITY JUDGMENT – Creates precedent(binding) used for future reference.
MINORITY JUDGMENT – 1 judge differs with majority of judges
SEPARATE JUDGMENT – 1 judge agrees with the others on the conclusion but his reasoning is different.
RESEARCH SKILLS STUDY UNIT 3
Primary sources & secondary sources of law.
Butterworrhs index
Common law
Footnotes –contains valuable info
how to read a journal article.

lOMoARcPSD|4301536
45
Come learn with me and you shall pass on your first attempt!
legum@lawcoachingacademy.co.za

scl1501 Study Notes PDF

Uploaded by

Copyright:

Available Formats

You might also like

scl1501 Study Notes PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

scl1501 Study Notes PDF

Uploaded by

Copyright:

Available Formats

lOMoARcPSD|4301536

SCL1501 study notes

Skills Course for Law Students (University of South Africa)

StuDocu is not sponsored or endorsed by any college or university

SKILLS COURSE FOR LAW STUDENTS

1ST SEMESTER 2016

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

What do you understand by the term LAW?

WHAT ARE THE CHARACTERISTICS OF THE LAW

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

Explain why is it important to develop various skills as a lawyer or law student?

READING SKILLS COMMUNICATION

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

Mention forms of punishment

Freire speaks of notion of praxis. Define this concept.

KNOW WHY THIS CONCEPT IS IMPORTANT TO LAW STUDENTS

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

The Leaning and Studying Concept

In your own words define the learning process.

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

NB KNOW THE DEFINITION OF MEMORASATION AND TO EXPLAIN THE CONCEPT OF A LEANER

List four activities that characterise a learning process.

Elements that is helpful to study effectively:

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

Using your own word discuss intrinsic and extrinsic motivation.

KNOW WHY EXTRINSIC MOTIVATION IS WEAKER THAN INTRINSIC

What is a learning contract?

LEARNING CONTRACT OF JACKMAV HERISON –1ST YEAR LLB STUDENT AT UNISA

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

SHOULD I NEGLECT TO DO THE ABOVE AS PLANNED, WITHOUT VALID REASON, AND BY

NB Internal motivation should be more developed than external

KNOW THE RELATIONSHIP BETWEEN LEANING CONTRACTS AND INTRINSIC MOTIVATION

What is the relationship between a learning contract and motivation?

Healthy diet and lifestyle

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

Disadvantages of a study group:

NB BE ABLE TO EXPLAIN > WHY IS IT IMPORTANT TO WORK IN GROUPS AS AN ASPRINAT

Different kinds of groups

a) The central figure

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)

c) Free flow communication + chairperson

C The person in the middle is responsible for the flow of communication

Two types/note making styles:

“The Expert In Anything Was Once A Beginner”

Downloaded by ROBERT WILLIAM Keynel (rkeynel@gmail.com)