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29 Cards in this Set
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- Back
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Substantive Law |
Determines the CONTENT and MEANING of different legal concepts. It comprises substantive legal rules setting out the rights and duties of legal subjects. |
Also known as Material Law |
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Adjective Law |
Rules setting out the PROCEDURE and METHODS by which the rules of substantive law are enforced. |
Also known as Formal Law |
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Public Law |
Deals with the relationship between the state as an authoritative power and the subjects of the state, with the relationship between the different branches of state authority and with the relationship between different states. |
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Criminal Law |
Determines which conduct would be punishable under which circumstances and what the punishment should be. |
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Crime |
Unlawful, guilty conduct of an accountable person which brings about, in consequence crimes, the prohibited result and which is punished by the state. |
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Delict |
Unlawful, guilty conduct resulting in damage to another and in a right on the part of the injured party to compensation. |
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6 elements in the sequence of inquiry to establish criminal liability |
1. Legality 2. Conduct 3. Causation | Compliance with Definitional Elements 4. Unlawfulness 5. Capacity 6. Fault |
LCCUCF |
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Nullen Crimen Sine Lege |
There can be no crime without a law |
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5 elements of Legality |
- ius acceptum (conduct must be recognized by the law as a crime) - ius certum (conduct must be prescribed in clear terms in the law) - ius praevium (conduct must have been already recognized by the law as a crime at the time of its commission/commission - ius strictum (definition of the crime should be interpreted narrowly and strictly without the court stretching the meanings of words and concepts against the accused) - nulla poena (punishment must be imposed by the state) |
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Nullum crimen sine poena legali |
There can be no crime without a legal penalty. |
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Statutory Law |
Law that is formally defined in legislation (Act) |
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Common Law |
Law that is not defined in legislation (uncodified); it is transferred from generation to generation through application. |
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Conduct |
Any voluntary personal behaviour. |
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Automatism |
Performance of actions without conscious thought or intention |
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3 Types of Automatism |
1. Toxic - related to drugs and alcohol 2. Psychogenic - where an act originates in the mind (eg. Mental pathology) 3. Organic - where an act operates within the body (eg. Epilepsy) |
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Sane Automatism |
Actions performed by a person who is !mentally sane but momentarily behaved involuntarily. |
Eg. Somnambulism |
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Insane Automatism |
Unconscious conduct due to a mental pathology |
Eg. Schizophrenia |
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Formally Defined Crimes |
A certain type of conduct is prohibited, irrespective of the result of such conduct. |
Eg. Perjury, possession of drugs, negligent driving. |
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Materially Defined Crimes |
It is not specific conduct which is prohibited but any conduct which causes a specific condition. |
Eg. Murder, culpable homicide |
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Condition Sine Qua Non |
The condition without which not; conduct without which the prohibited situation would not have materialized |
"But for..." |
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Novus Actus Interveniens |
New act intervening; an unexpected, abnormal or unusual occurrence which, according to general human experience, deviates from the normal course of events. |
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Actus Non Facit Reum Nisi Men's Sit Rea |
An act does not render the perpetrator culpable unless he was conscious of its wrongfulness |
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Theory of Adequate Causation (Generalising Theory) |
An act is a legal cause of a situation if, according to human experience, in the normal course of events, the act has the tendency to bring about that kind of situation. |
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Individualisation Theory |
One must, among all the conditions and factors which qualify as factual causes of the prohibited situation, look for one which is the most operative/direct/proximate and regard it as the legal cause of the prohibited situation. |
Most operative/direct/proximate cause... |
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Unlawfulness |
Conduct that is contrary to a clause of prohibition or decree with no grounds of justification |
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Self-defense or Private Defense |
Occurs when a person protects his own interest or that of another against an unlawful human attack or such threatening attack and in the process lawfully injures the attacker or threatening person |
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Necessity |
When the perpetrator can only protect his interests by sacrificing the interests of another or where he contravenes a prohibition in order to protect himself against danger. |
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Vis absoluta |
Absolute physical force therefore excluding voluntariness |
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Vis compulsiva |
Relative compelling force. Constitutes a voluntary act but amounts to necessity therefore excluding liability. |
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