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SCL1501 study notes Skills Course for Law Students (University of South Africa)

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SKILLS COURSE FOR LAW STUDENTS NOTES

1ST SEMESTER 2016 0718875769 [email protected]

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1 STUDY UNIT 1 The concept of law What do you understand by the term LAW? There are various approaches or views towards the definition What is Law The Law is the system of legal rules recognised and enforced by the government to control human behaviour. WHAT ARE THE CHARACTERISTICS OF THE LAW 1. System of rules 2. Intended to control human behaviour 3. Should be recognised by the state 4. Enforced by the state

It has to be noted that the LAW CREATES DUTIES (OBLIGATIONS) AND RIGHTS between individuals, state and individuals. Explain why it is necessary for law students to differentiate between the law and rules

FUNCTION OF LAW 1. The Law protects rights from between tampered with thus preserves harmony in the social order by maintaining the equilibrium between the individual’s interests and those of the government. 2. The Constitution ensures that the human rights of individuals will be safeguarded from random intrusions by the state, other individuals, groups and other dominant organisations. (Refer to Section 7 of the Constitution) Several laws (besides the Constitution) protect the interests of members of society in specific spheres that are subject to these laws. (Subject to the underlying principles of the Constitution and the Bill of Rights) (E.g. Indigenous law, law of delict, criminal law etc. 3. The circumstances, the type of misconduct/offence and the persons involved will determine the kind of protection provided.

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2 4. Criminal law will be applied to an individual whose misconduct has resulted in a crime that has upset society’s peace and balance. The state (on behalf of society) will institute legal proceedings through the criminal courts, against the offender. A criminal sanction /punishment according to the law will be applied against that person, if found guilty. IMPORTANCE OF SKILLS

As a law student, you are not only supposed to know the law or its content but also expected to have certain skills in order that you succeed Explain why is it important to develop various skills as a lawyer or law student?

RESEARCH

READING

SKILLS

COMMUNICATION

WRITING NUMERIC

Lawyers should be able to access the law that is finding and using it effectively in practical situations. Application forms the bases of a legal career thus a lawyer is expected to apply knowledge in practical situations for instance when interviewing clients, in a trial and drafting documents etc. Lawyers should be able to construct, sustain sound arguments and apply the legal rules. Lawyers need skill so that they will be in a position to evaluate facts and find and analyse critically the fields and sources.

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3 Skill are crucial to law students in the sense that students need the ability to study effectively thus to access the knowledge of the law and apply it in scenarios. Mention forms of punishment Fine Imprisonment House arrest Freire speaks of notion of praxis. Define this concept. This concept provides that in every aspect of thinking it should be accompanied by action and application. It can be define as the action reflection of persons upon the world. Active reflection and reflective action is required. KNOW WHY THIS CONCEPT IS IMPORTANT TO LAW STUDENTS Praxis is the process by which a theory, lesson, or skill is enacted, embodied, or realised. "Praxis" may also refer to the act of engaging, applying, exercising, realizing, or practising ideas. Praxis may be described as a form of critical thinking and comprises the combination of reflection and action. Praxis can be viewed as a progression of cognitive and physical actions: Taking the action Considering the impacts of the action Analysing the results of the action by reflecting upon it Altering and revising conceptions and planning following reflection Implementing these plans in further actions

STUDY UNIT 2 STUDY SKILLS The Leaning and Studying Concept In your own words define the learning process. Learning is an active process which involves a lot of activities and the student participate actively in the process as a subjective being.

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4 Define Bank Education. Bank education refers to the mere adsorption of information in the sense that as a pupil your knew nothing and brain was empty and the teacher was expected to fill it with information which must stuck in the brain until examination time when it should be regurgitated on the examination answer sheet . In other words facts are deposited into the pupil’s brain until they are withdrawn at the right time for a certain purpose. NB KNOW THE DEFINITION OF MEMORASATION AND TO EXPLAIN THE CONCEPT OF A LEANER AS A SUBJECTIVE BEING.

List four activities that characterise a learning process. Learner participation involves: 

Questioning the information and, if necessary, change or re-interpret it



Gathering new ideas and info and making it your own



Relating said information to one’s own life and applying it in relevant situations in a meaningful way



Interacting/discussing with fellow students or the teacher



Sharing ideas, etc.

Study Process 1.

The exploration phase: entails the generalising of activities to find information about the topic. Getting background information to become familiar with the work. Start to plan and manage time, contact fellow students to sort out problems, discussing the topic, identify and clarify difficult concepts, get an overview of the content, make summaries to study later

2. The fixation phase: Getting to grips with the real content and doing intensive reading. Full concentration on detail. Consolidation of facts to fully understand material, summarize facts to capture most important elements, memorise and rehearse to absorb the facts 3. The testing phase: To assess understanding of the material. Asking questions that cover the material studied. May utilize ‘action words’ (compare, discuss, criticise, and explain). Study Environment Elements that is helpful to study effectively:  Social space

: Good relationships with those around you, master it

and use it to your

advantage.

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5  Physical space: a particular place, be comfortable, proper lighting and ventilation, temperature control, no interruptions, no distractions Motivation Using your own word discuss intrinsic and extrinsic motivation. Two perspectives: 1. External motivation Extrinsic motivation stems from the outside of the individual (Outside influence or consequences) Positive external motivation: if you pass you will get a bursary; if you pass with distinction you will get promoted Negative external motivation: if you do not pass you will not be allowed to further register / get a bursary 2. Internal motivation Intrinsic motivation stems from the inside that is a student motivates himself/herself to succeed. Intrinsic to the individual to achieve personal long or short term goals Long-term goals: over a time period (months or years) with tools (signposts) to help reach them Short-term goals: also referred to as objectives (minutes, hours, days)

KNOW WHY EXTRINSIC MOTIVATION IS WEAKER THAN INTRINSIC KNOW THE DIFFERENCE BETWEEN THE TWO. What is a learning contract? Learning contract: practically writing down an agreement that help you stick to your program of study placed somewhere that helps reminding you of your goals and commitments. LEARNING CONTRACT OF JACKMAV HERISON –1ST YEAR LLB STUDENT AT UNISA I, JACKMAV, IN ORDER TO SUCCESSFULLY COMPLETE THE SCL1501 SKILLS COURSE FOR LAW STUDENTS, HEREBY UNDERTAKE TO DO THE FOLLOWING: 1. SCHEDULE MY LEARNING ACTIVITIES SO THAT I CAN COMPLETE THE MATERIAL IN TIME TO WRITE THE EXAMINATION 2. READ THROUGH THE STUDY GUIDE 3. MAKE NOTES AND SUMMARIES 4. SUBMIT BOTH ASSIGNMENTS BY THE DUE DATE 5. PREPARE FOR EXAMINATIONS

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6 6. WRITE THE EXAMINATION SHOULD I NEGLECT TO DO THE ABOVE AS PLANNED, WITHOUT VALID REASON, AND BY PUTTING MY “WANTS” BEFORE THE ABOVE “MUST DO” TASKS, I UNDERTAKE TO FORFEIT MY FRIDAY NIGHT OFF STUDY EVENING UNTIL I HAVE CAUGHT UP ON MY STUDY SCHEDULE. THUS AGREED AND SIGNED ON THIS [ ] DAY OF MAY 2016 AT PRETORIA SIGNATURE: WITNESS 1: [FULL NAME] SIGNATURE: [

] DATE: [

]

WITNESS 2: [FULL NAME] SIGNATURE: [

] DATE: [

]

NB Internal motivation should be more developed than external motivation. If you are self-motivated with the right attitude and have the necessary confidence you can practically deal with many factors/challenges that the external environment may pose

KNOW THE RELATIONSHIP BETWEEN LEANING CONTRACTS AND INTRINSIC MOTIVATION What is the relationship between a learning contract and motivation? When you constantly read your learning contract, it will remind you of the commitments you have set for yourself and this will push you to study in order to achieve your goals. Healthy diet and lifestyle Avoid unhealthy substances and refined foods, eat lots of fruit and veggies, eat small regularly, lots of water, get enough sleep and exercise.

Time Management Joseph is your friend studying at University of Pretoria, he has the following hurdles as regards to his studies postponing work and procrastination. He only works under pressure and imbalance in terms of time allocation. Advice him based on your knowledge for Skills Course for Law Students. > Advise Joseph on how to do time planning and prioritising activities. Prioritising Activities – When you prioritise you look at the time available at your disposal and allocate that time in accordance to importance and urgency of your activities.

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7 The ability to effectively prioritise one’s activities to have balance in work, study, rest and play.  Prioritise things or activities (Having a list of wants and should do’s)  Time planning by utilising for instance Timetables (to help deal with procrastination, working only under pressure, imbalance into. time allocation). o

Burns and Sinfield lists things to consider when planning timetables: Morning, afternoon or night person? Fitting study around maximum performance times Time with friends and family? Time for work and chores? Can you keep your hobbies or interests going during this time? Time for rest and reading.

When you prioritise you decide what is or not important to you, then firstly you do the important thing first. Study Groups Come learn with me and we shall be exemplars of proficiency. But if you yearn to be alone, then you must learn it on your own. (REPRESENTATIVES OF PROFICIENT) How can study groups assist you to be exemplars of proficiency?> write the advantages of study groups in connection to how one may succeed by working in groups Without reproducing the study guide, list the cons of study groups.> write the disadvantages of study groups. Humans are naturally group orientated. In most cases we identify with groups and are often part of groups. We acquire and/or learn most things from our fellow humans – often this learning occurs unconsciously or indirectly Belonging to a group helps us develop most of our thoughts, social skills and other behavioural patterns. What makes a group work? The key feature of functional groups is the element of respect and integrity. Important characteristics of a functional group:  Understand common objective  Observe basic house rules (speak one at a time, punctuality, prepare, etc)  Have roles defined (chairperson, scribe, time keeper, organiser, etc)  The group must be manageable – normally between 3-5 members  Each member to contribute to discussions  Must work co-operatively with preparedness  Constructive criticism is crucial

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8 Benefits of a study group:  Can serve as a pool of motivation  Provide confidence to engage / participate in discussion  Different ideas and perspectives help better understanding  Comparing and discussion help to clarify issues and get better understanding Disadvantages of a study group:  Some students do not contribute enough and become parasites  Some students will not prepare for the discussions  Some students dominate and have a detrimental effect on the group  Silent, passive participants that do not contribute NB BE ABLE TO EXPLAIN > WHY IS IT IMPORTANT TO WORK IN GROUPS AS AN ASPRINAT LAWYER? Different kinds of groups Select a way or model of a group work (study group), and explain why you think it is an effective way of making a group function a) The central figure The person in the middle is responsible for the flow of communication C

Model is suitable for simple tasks Disadvantage: central figure can be overloaded with information or C may block the flow of information Success of this model relies on the leadership abilities of the person on charge

b) Decentralised Groups Communication flows freely between members Suitable for small groups Fairly unstructured and can therefore lead to ‘’talk shows’’ without a leader

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9

c) Free flow communication + chairperson Communication flows freely between members C

The person in the middle is responsible for the flow of communication Model used with biggest success

Note-making Suggests writing down the important points and leave out the less important points. It is therefore important to have sound reading skills in order to make notes. One cannot make correct notes if one does not UNDERSTAND the material read. Different reading techniques: speed-reading, skimming, scanning and study reading For notes to be adequate and effective, they must contain main ideas, details and illustrations/ examples Two types/note making styles: Visual notes: schematic or diagrammatic (mind maps, spider grams, branching notes, tables, flow charts) Narrative notes: textual and engage a lot of written work (linear notes, lists, time-line notes) The choice of note making will depend on Individual learning style Kind of subject matter (maths different from history subject) Time before examinations First time studying particular topic Study methods

Mnemonics / memory strategies: strategy to recall certain words, figures, keywords, etc. Example: Acronyms: a combination of letters that is utilised to memorise a list of words/phrases (BODMAS) Classification: rearranging information in the order that will make it easier to remember by grouping relevant or associated pieces of info together Summaries: What should you bear in mind when summarizing a text?

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10 Short/brief way of representing the contents of original text – only main important ideas Do not change the content and ideas of the original text Read whole text to understand full topic Find key points and identify keywords Write in simple language, be objective and factual ACTION WORDS: What does the following words/verbs require you to do? Analyse Divide into sections or elements and discuss in full. Compare Id the similarities or differences btw facts or examine the differences btw ideas, facts, viewpoints Contrast Point out the differences between certain objects or characteristics. Criticise Point out the good and bad characteristics & give your own opinion after taking all the facts into account. Define Give a short and concise definition (a summary of essential properties) of a subject or topic. Describe Name the characteristics of an object or topic. You should do this in a logical, well-structured way. Discuss a topic by examining its various aspects. Use a critical approach. Evaluate Give your own opinion, using certain standards as a basis, about a topic. Explain & clarify to ensure reader understanding. Use illustrations, descriptions or simple but logical explanations.

STUDY UNIT 3 READING SKILLS What are the characteristics of an effective reader? An effective reader is someone who can read fast but effectively This means that he or she can:

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11 •Able to use various reading techniques •understand purpose of reading and act accordingly •See bigger picture as well as detail when reading •Identify the structure of different types of texts •identify interrelations (within, without and link to known facts •Make correct assumptions /read between the lines •Evaluate the text for purpose, content, usefulness, objectivity and scientific correctness •Interpret and understand the text

An Act of Parliament consists of certain parts. Name and describe any part Preamble – is an introductory statement in a document that explains the purpose of the document and the underlying philosophy.

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12

(a) The short title of the Act is: the Electronic Communications Act, 2005. and sec 98. (b) You approach an Act by reading the signed text. In our example, the English text was signed by the President; and the Act was approved on 11 April 2006. The Act was published in the Government Gazette on 18 April 2006. Sometimes an Act becomes effective on the same date as it is published in the Government Gazette, but at other times it is indicated in the Act when it will be effective (sec. 98 of the Act). Always make sure that an Act is effective before referring to it. (c) The long title of the Act explains the purpose of the act. (d) Chapter 1, the Definitions where technical and difficult terms or comprehensive phrases in the Act are explained. (e) Section (f) Subsection

EXAMPLE Sec 4(1) (a) (i) of Act 36 of

(g) Paragraph (h) Sub paragraph

When interpreting an Act, what presumptions should be taken into consideration as per the Interpretation Act 33 of 1957?  Legislation is presumed to only apply to future events and not retrospectively.  Legislation is presumed not to change existing laws unless it states so explicitly.  It is presumed that legislation does not intend unreasonable or unfair consequences.  Legislation is presumed not to contain meaningless sections. What is the short title of an Act and where do you find it? Short title is the name of the Act and it can be found under the transitional sections provisions.

List of Latin phrases to know: check other term in the study guide. Cur adv vult

- the court wishes to its verdict; reserves judgement

Postea

- afterwards

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13 Joseph reads through the case of Molefe v Mahaeng. He comes across the words “ cu...