ASSIGNMENT THREE SURNAME NOBUMBA NAME KHANYA STUDENT NUMBER 218061910 MODULE INTRODUCTION TO LAW 100 TASK ASSIGNMENT THREE TUTOR Mrs

ASSIGNMENT THREE
SURNAME NOBUMBA
NAME KHANYA
STUDENT NUMBER 218061910
MODULE INTRODUCTION TO
LAW 100
TASK ASSIGNMENT THREE
TUTOR Mrs. VALANTINE KUBHEKA14197703762830DUE DATE 24 APRIL 2018
QUESTION 1
To: [email protected]
Subject: THE CLASSIFICATION OF SOUTH
AFRICAN LAW
Dear Mrs KubhekaThe classification of law is divided in two categories
INTERNATIONAL LAW
Is the law that primary govern the relationship between different countries
For example the law that governs the relationship between South Africa and Zimbabwe
NATIONAL LAW
Is the law of a specific state
That means that the whole body of legal rules that is applied are of the specific state for example the legal rules of South Africa
On the National law the law is classified in two categories which is substantive and adjective law
SUBSTANTIVE LAW
Is the part of the law which determines the content and meaning of different legal rules, for example when someone commits criminal offenses the substantive law will determine which human acts constitute criminal offenses.

ADJECTIVE LAW
Is the part of the law which determines the law which regulates the enforcement of substantive law. Adjective law determines the manner in which a case must practically handled when a legal rule has allegedly been violated, for example it provides the process according to which someone is prosecuted for murder.
The adjective law includes the following division:
Law of criminal procedure
Is that part of adjective law which prescribes how people who have allegedly committed criminal offenses such as murder, robbery and rape should be prosecuted.

Law of civil procedure
It determines the the procedure to be followed when an individual wishes to enforce her rights against another for example when someone wants to reclaim her motor vehicle from another person who has taken it without permission
Law of evidence
Determines how the facts in either a criminal or civil case must be proved, the manner in which should be lay before court and what kind of evidence is inadmissible
Legal interpretation
It prescribes how the meaning in statutory provisions are determined
The substantive law is divided into two sections
Public law
It regulates the organs of the state, the relation between the different state organs and the relation between state and its subjects. The relation between the state and its subjects is vertical which means it is the state that governs its subjects. Therefore adjective law includes the following divisions:
Constitutional law – determines the nature of the state, its constituent organs and relationship between the different bodies of the state.

Administrative law- controls the administration of the state in general
Criminal law- determines which acts amount to criminal offenses, and also dictates that criminal offenses must be punished
PRIVATE LAW
It regulates the relation between persons which are legal subjects. The relation the legal subject is horizontal
Divisions of private law
Law of persons – determines what a person is and the juridical status of a person
Family law- regulates family relationship for instance marriage, divorce, civil union, etc
Law of patrimony – regulates the relationship between persons and their means or their total assets and liabilities.

Law of personality- regulates the relationship between persons with respect to aspects of a persons personality for example dignity privacy or honor .

Indigenous law – is the customary law of black communities in the country for matters such as marriage, the duty to give lobolo
Commercial law- embraces numerous branches of law important for commerce or trade and industry
Therefore the classification of law is not realistic, why? Because the are some sub-divisions of larger disciplines that are not shown on the classification such as environmental law, municipal law, media law and more. So the classification do not show isolated some of the branches that fall part of South Africa law that made it unrealistic.

Kind regards
K.Nobumba
218061910QUESTION 2
Action procedure
There are some fundamental differences concerning facts as Jennifer sue Angelina and Angelina denies everything that she has said bad to Jennifer’s colleagues
Jennifer is the plaintiff and Angelina is the defendant
Dominos litis is the plaintiff the one who initiates the case which is Jennifer in this case
Purposes of pleading
To reduce disputes between the parties
To prevent prevent the parties from surprise each other
To make the judge to be familiar with the case beforehand
The pleading contains the respective positions in the matter such as allegations, claims, defenses or denials
2.5. The first document is the simons which is made by the plaintiff(Jennifer) which informs the defendant(Angelina) about the plaintiff claims
It includes the following:
The name of the parties involved
The facts of the case about what happened
The extent of the claim
The remedy or relief that the plaintiff ask from the court
2.6. Plea
Is a document issued by the defendant(Angelina) whereby the defendant Angelina admits or denies the allegations made in Jennifer’s simons and also Angelina will also sets out the facts on which she bases her defense
Replication
It is whereby the plaintiff Jennifer reply on the defendant plea
Jennifer is the one who draft the replication
2.7. Notice of intention to defend
Its whereby the defendant Angelina is informed of the claim against her and must now react to it within certain period
Default judgement
Failure to react on the notice of intention within a certain period the court may grant the plaintiff default judgement which means the judge orders the defendant to satisfy the plaintiff claim because the defendant has neglected to give her intention to defend
QUESTION 3
Personal rights
Because Abby andLily have entered in the law of obligation whereby Abby the creditor has the right to be given the Diamond ring
Real rights, because now Abby has the right of ownership of the ring and no one has a right to take it without his permission
Intellectual property right, Tom Nikes has a legal right with respect to his intellectual property ( a cooking book) and no one has a right to copy without his permission