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8 Cards in this Set
- Front
- Back
SA criminal law sources |
Roman law and Roman-Dutch law |
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Legal systems SA criminal law developed from |
1. Roman law 2. Roman-Dutch law |
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Sources of SA criminal law |
1. Common law. 2. Legislation 3. Constitution 4. Case law |
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Substantive law |
The part of the law which determines the content and meaning of the different legal rules |
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Formal / adjective law |
The part of the law which regulates the enforcement of substantive law. It determines the manner in which a case must be practically handled when a legal rule has been violated |
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Public Law |
The part of the law where the state stands in a relationship if authority toward his subjects, or where the relationship is between the state and its organs or between the organs themselves, and these relationships are governed |
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Criminal law definition |
The part of the public law which 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 |