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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
This book introduces students to the distinct legal traditions that make up the South African legal system.
Brutally dragged 780 metres beneath a taxi – a young woman’s inspiring story of survival, courage, and the will to live. 13 September 2011. The story would shock thousands and be remembered by many for years to come. It would be plastered all over the papers and continue to attract interest well after the shock factor of what happened had passed. Reports and articles would be written, and “facts”, as given to reporters by some of those involved and willing to be interviewed, would be recounted and repeated in all forms of public media over the months and even years that followed. And although these versions would generate widespread outrage, none was entirely accurate. "The stories were about me. I was there. I am Kim McCusker - the girl who was dragged by a taxi. This, as I experienced it, is the true version of events."
The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
This third edition of Civil Procedure: A Practical Guide provides a clear and concise introduction to the complex area of civil procedure. The civil procedures used in the High Courts, District and Regional Magistrates' Courts, Supreme Court of Appeal, Constitutional Court and Small Claims Court are discussed in detail, with practical implementation guidelines. The book has been revised and updated, and incorporates discussions and analyses of all new developments in the field of civil procedure
Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners. The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences. Precedents for Applications in Civil Proceedings comprises four parts: Part 1 - Introduction and General Guidelines: advice on drafting with emphasis on application papers; Part 2 - Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like; Part 3 - Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications; Part 4 - Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.
The new edition deals with the new legislation affecting the law of damages, including the Road Accident Fund Amendment Act 19 of 2005, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. A large number of important Constitutional Court, Supreme Court of Appeal and High Court judgments and academic contributions since 2003 relating to most fields of the law of damages in both delict and contract are examined in the new editions.
Eric Morris’ Technique in Litigation has been of inestimable value to fledgling advocates and attorneys for four decades. The book is concerned with litigation in both the High Courts and the magistrates’ courts, and provides useful, practical guidance on all aspects of litigation. The sixth edition of Technique in Litigation has been substantially revised and updated, resulting in a book that still captures Morris’ humour and timeless wisdom, while at the same time being thoroughly topical and practical for the modern lawyer seeking to become a courtroom specialist. The book will be of value not only to young practitioners still learning the technique of litigation, but also to more experienced practitioners to verify and enhance their courtroom techniques.
The law of evidence is vital to each legal practitioner and forms part of the curriculum of every South African law qualification. It is compulsory even for some degrees not strictly confined to legal practice, such as certain police and related qualifications. However, the law of evidence is not considered an easy subject, especially not for persons who have never been inside a court of law. In this work, academics with practical experience of the criminal justice system have selected a number of decided cases as well as statutes relevant to the law of evidence. Illuminating commentary is provided, which should assist any student of the discipline to get to the core of these texts. Due attention has also been paid to the constitutional aspects of the law of evidence. Die bewysreg is onmisbaar vir elke regspraktisyn en maak deel uit van die leerplan van elke Suid-Afrikaanse regskwalifikasie. Dit is selfs verpligtend vir sommige grade wat nié tot die regspraktyk beperk is nie, soos sekere polisie en verbandhoudende kwalifikasies. Tog word bewysreg as ’n moeilike vak beskou, veral vir diegene wat nog nooit in ’n geregshof was nie. In hierdie boek het akademici met praktiese ervaring van die strafregstelsel ’n aantal besliste hofsake sowel as wetgewing van toepassing op die bewysreg uitgesoek. Die insiggewende kommentaar wat voorsien word, behoort enige student van bewysreg tot die kern van die tekste te help deurdring. Behoorlike aandag word ook geskenk aan die grondwetlike aspekte van die bewysreg.
The South African Law of Evidence is the authoritative and comprehensive guide to the law of evidence in South Africa, combining the received wisdom of the past with the imperatives of the 1996 Constitution, and includes more in-depth discussion of such topics as hearsay, admissions and confessions, and privilege. Constitutional jurisprudence and extensive use of comparative international case-law and literature broaden your understanding of the theory underpinning the nature and problem of proof plus this 3rd edition is more up-to-date and comprehensive.
This book provides candidate attorneys with the practical information that they need when starting articles. The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette. Features and Benefits
The 2nd edition of Criminal Procedure Workbook is designed as an aid in the study of criminal procedure and should be used in conjunction with the prescribed textbook. It is easy to use and facilitates learning through practical, real life scenarios. In particular, it hones in on the areas where students need assistance when preparing for tests and exams. The practical and straightforward solutions will give students a better understanding of the subject as well as enable them to improve their results.
The bestselling title in the Oxford Quick Reference series, A Dictionary of Law is an essential reference work, described by leading university lecturers as 'the best law dictionary' and favoured by law students and legal professionals alike. The tenth edition features over 4,900 clear and concise definitions on major terms, concepts, and processes within the English legal system, and is a useful source of information for any of the many countries that base their legal system on English law. It includes more than 120 new entries, including acid attacks, lasers, Nightingale Courts, Northern Ireland Protocol, and retained EU Law. Many of the new and revised entries reflect changes brought about by Brexit and the Divorce, Dissolution and Separation Act 2020. There have also been significant increases of coverage in the areas of constitutional law, medical law, and employment law and professional regulation. Updated web links complement the text and lead to a dedicated companion website for further reading materials. The dictionary also contains a guide to legal writing, and a citation guide drawn from the Oxford Standard for Citation of Legal Authorities (OSCOLA).
English A summary of the facts and important issues precedes each case excerpt. The excerpts are followed by a critical note evaluating and explaining the relevance and importance of the judgment. The method employed by the authors in their selection of cases reflects a principled approach to the subject. All introductory and explanatory notes are in English and Afrikaans, and Afrikaans judgments are followed by an English translation. This book will be of invaluable assistance in the study of the dynamic field of criminal procedure. It can be used as a companion to the Criminal Procedure Handbook twelfth ed by Joubert (editor) et al.
Afrikaans Elke uittreksel word voorafgegaan deur ‘n opsomming (in Engels en Afrikaans) van die feite en belangrike kwessies. Die uittreksels word gevolg deur ‘n kritiese aantekening (weereens in Engels en Afrikaans) waarin die belang van die uitspraak oorweeg en verduidelik word. Uitsprake in Afrikaans word gevolg deur ‘n Engelse vertaling. Die skrywers se keuse van uitsprake weerspieël ‘n beginselmatige benadering tot die onderwerp. Die boek sal nuttig wees by die bestudering van die dinamiese gebied van die strafprosesreg. Dit kan saam met die Strafprosesreghandboek twaalfde uitgawe deur Joubert (redakteur) et al gebruik word.
In 2005, Fred van der Vyver, a young actuary and the son of a wealthy Eastern Cape farming family, was charged with murdering his girlfriend, Inge Lotz, allegedly bludgeoning her to death with a hammer as she lay on a couch in her lounge. The case against Van der Vyver seemed overwhelming. His behaviour at the time of the murder appeared suspicious and the forensic evidence seemed to prove his guilt. And yet, in one of the most sensational and controversial murder trials in South African legal history, Van der Vyver's lawyers sought to turn the table on the police, accusing them of fabricating evidence and lying to the judge. Now updated with the tale of the remarkable events that followed the judge’s verdict, prize-winning author Antony Altbeker takes you into the heart of the epic courtroom battle. His eye-witness account of the trial presents the reader with all the evidence and testimony while also placing it in the context of a society and justice system that are being stretched to breaking point. Since 1994, Antony Altbeker has worked on issues relating to crime, policing and the criminal justice in government and in a variety of think-tanks. He is also the author of A Country at War with Itself and The Dirty Work of Democracy.
Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.
A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.
This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.
This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime. It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation. The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.
The Supreme Court of Namibia: Law, Procedure and Practice, written by the Deputy Chief Justice of the Supreme Court of Namibia and author of Namibia's first ever civil procedure title, covers all aspects of Namibia's apex court's procedure and practice. The Supreme Court of Namibia: Law, Procedure and Practice covers both the criminal and civil practice of Namibia's Supreme Court. The book is systematically organised, covering the background to the legal system, general principles related to civil and criminal practice and procedure, prosecution of an appeal, duties of parties to litigation, challenges experienced by courts during litigation as well as the granting of costs as a post-hearing order. The author provides practical examples of how the court's appellate, review and first instance jurisdictions are exercised.
The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law. Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action. The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution. |
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