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LECTURE 1: AN INTRODUCTION TO LAW AND BUSINESS LAW 2023 UPDATE

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A Definition of Law and its Ambit The Concept of Law A set of rules that legal subjects must obey on pain of punishment.  Made by state  Applies to all  Must be obeyed (enforced)  Sanctions for violation What is a legal subject? A natural (you and I) or juristic person (eg compan...

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  • January 25, 2023
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  • 2022/2023
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  • the concept of law
  • LECTURE 1: AN INTRODUCTION TO LAW AND BUSINESS LAW
  • LECTURE 1: AN INTRODUCTION TO LAW AND BUSINESS LAW
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1 A Definition of Law and its Ambit The Concept of Law A set of rules that legal subjects must obey on pain of punishment.  Made by state  Applies to all  Must be obeyed (enforced)  Sanctions for violation What is a legal subject? A natural (you and I) or juristic person (eg company) The SA Legal system: Main two branches : Public Law: governs relationship between sate and citizens (vertical) Private Law: governs relationship between citizens (horizontal) Origins and Sources of our Law Origins: Roman, Roman Dutch, English Law. Sources: Statute, Common Law, Case Law; old authorities; Legal texts; customary Law By far the most important are the first two: Statutes are Acts of legislation created by Parliament eg Cr iminal Procedure Act Common Law is the Law as decided and interpreted by the courts. Hierarchy and the Doctrine of Precedent Our courts are organised in a strict hierarchy in which with the decisions of higher courts are generally binding on the lower or inferior courts. LECTURE 1: AN INTRODUCTION TO LAW AND BUSINESS LAW 2023 UPDATE

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