ASSIGNMENT TWO SURNAME NOBUMBA NAME KHANYA STUDENT NO

ASSIGNMENT TWO
SURNAME NOBUMBA
NAME KHANYA
STUDENT NO. 218061910
MODULE INL100
TUTOR VALENTINE
KHUBEKA
DUE DATE 24 APRIL 2018
QUESTION 1
South African common law
Refers to a specific matter that is not governed by legislation, common law usually applies on that particular case
It is mainly the seventeenth and eighteenth century Roman Dutch that was transplanted to Cape
Examples of common law crimes include murder, robbery and rape, etc.

QUESTION 2
2.1 Law of Twelve Tables
Was the legislation that stood at the foundation of Roman law
The tables consolidated earlier traditions into an enduring set of laws
2.2 Praetor
Is a special official who had the responsibility of developing the law
They laid down legal rules in edicts which were then promulgated.
2.3 Corpus Iuris Civils
It is an enormous work which consists of four parts which are institutions, Digesta, codex, and novella
2.4 Digesta
Is a codification of the works of Roman jurists
It is the largest and most important in Corpus Iuris2.5 Codex
Is a collection of imperial legislation
2.6 Novella
Is a new legislation passed by Justinian, which he promulgated after the information of codex
2.7 Institutions
Is an textbook which is used by law students that explain the law simply and clearly
2.8 Reception
Is the process through which Roman law, as embodied in the Corpus Iurus Civils, was received in and merged with Germanic law in Western Europe from the twelfth century
2.9 Glossators
Is the writing of notes between the lines or in the margins of the text, in Corpus Iuris, it explain the texts, and where the texts were contradictory they gave a solution
2.10 Commentators
Were the Lawyers who were responsible for the reception of Canon law in the secular sphere and also responsible for the true reception of Roman law in Western Europe.QUESTION 3
Legislation is an important source of South African law and sometimes a whole area of law may be governed by legislation. The South African legal system is not codified and therefore legislation is not the only source of South African law. The 1996 constitution also regulates the structure of the state, and it includes a bill of Rights. It provides a general norm which has a direct or indirect influence on all sources of law today.

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