CHECKLISTS – Legal Fundi

Chapter 5

More From this Chapter

Where does the law come from?

Constitutional law

How is a court decision or judgment made?

Kinds of law: criminal and civil

STRUCTURE OF THE COURTS

The Constitutional Court

The Supreme Court of Appeal

The High Courts

Magistrates’ Courts

Small Claims Court (SCCs)

The Labour Court

The Land Claims Court

Who works in the legal system?

TRIALS, APPEALS, AND REVIEWS

What is a trial?

What is an appeal?

What is a review?

SETTLING DISPUTES OUTSIDE OF COURT

THE CRIMINAL COURTS AND CRIMINAL CASES

Criminal charges

Steps in a criminal court case

Dealing with organised crime: The Prevention of Organised Crime Act

The Child Justice System

Powers of the police to question

Powers of the police to search and seize

Powers of the police to arrest

Reporting a case of police misconduct

Community Police Forums

THE CIVIL COURTS AND CIVIL CASES

Steps in a civil claim in a magistrate’s court

Small Claims Court (SCC)

Equality Courts

Spoliation orders

USING AN ATTORNEY

Responsibilities of attorneys

When do you need an attorney?

How to find an attorney

How to pay for an attorney

Applying for legal aid

Legal aid clinics

Justice centres

University Legal Aid Clinics

Legal Resources Centres

Attorneys’ Associations

Problem 1: Which court should be used in each example?

Problem 2: Claim is too large for the Small Claims Court (SCC)

Problem 3: How urgent is the need for an interdict?

Problem 4: Passing the Legal Aid means test

Problem 5: Appealing against the decision of a magistrate

Problem 6: Failing to obey a court order

Problem 7: Refusing to give your name or address to the police

Problem 8: Police shoot and injure while making an arrest

Problem 9: Your right to appear in court within 48 hours of arrest

Problem 10. Police misconduct

Letter of Demand for the Small Claims Court

Checklist: Particulars to take if someone has received a summons

Checklist: Particulars to take if someone has already appeared in court on a criminal charge

CHECKLISTS

The following checklists are included in Chapter 5 of the Paralegal Manual:

Particulars to take if someone has received a summons
Particulars to take if someone has already appeared in court on a criminal charge

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