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The casebook on the South African law of persons provides clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. It contains commentary and extracts from cases referred to in The South African law of persons.
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."
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
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.
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.
Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers, judges and arbitrators every working day - when is it fair to terminate the relationship with employees, for whatever reason this regrettable step may be deemed necessary? This work deals with all the circumstances in which dismissals arise and are challenged - from dismissals for misconduct and incapacity, through retrenchments, automatically unfair dismissals, dismissals of protected and unprotected strikers, to the procedures required before such dismissals can lawfully be effected and challenged. Written in the clear and readable style for which the author has become acclaimed, the exposition of each principle is illustrated with examples drawn from the case law. This third edition adds many judgments handed down since the second edition was published four years ago, and incorporates judgments law and statutory amendments that have been handed down or enacted since then. Dismissal forms a volume in a quartet by the author, and should where necessary be read with its companion volumes - Employment Rights, Collective Labour Law and Labour Litigation & Dispute Resolution.
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.
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.
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.
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 niť 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.
In Namibia the 1980s were a dark decade of human rights abuses by South African security forces. Judge David Smuts, then a young Windhoek lawyer, felt compelled to take on the system.
His gripping memoir details several dramatic cases, including the freeing of detainees that had been held secretly for six years, proving that torture was used to extract ‘confessions’ and that Koevoet knowingly killed civilians. Working with the likes of Sydney Kentridge, Geoff Budlender and Arthur Chaskalson, Smuts won legal victories and established a legal centre in the far North, where many misdeeds had taken place. Smuts also takes a fresh look at the assassination of Anton Lubowski, anti-apartheid activist and his close friend.
This highly readable real-life thriller about standing up for what is right sheds light on a shocking, largely untold part of our recent history.
Prisoners' Self-Help Litigation Manual, in its much-anticipated
fourth edition, is an indispensable guide for prisoners and
prisoner advocates seeking to understand the rights guaranteed to
prisoners by law and how to protect those rights. Clear,
comprehensive, practical advice provides prisoners with everything
they need to know on conditions of confinement, civil liberties in
prison, procedural due process, the legal system, how to litigate,
conducting effective legal research, and writing legal
Eckard's Principles of Civil Procedure in the Magistrates' Courts considers the law of civil procedure in the magistrates' courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates' courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings. The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.
The CJEU is the busiest court in the world. This ground-breaking new textbook looks into why this is, examining in detail the interactions between European Union and national institutions, instruments, laws and concepts that make up this unique legal order.
In August 1952, the distinguished British scientist Sir Jack Drummond, alongside his wife, Lady Ann, and their ten-year-old daughter, Elizabeth, was brutally murdered on a roadside in rural France. Sir Jack, a well-known nutritionist who modernized the classification of vitamins and helped devise UK rationing in World War II, was on holiday with his family in the French Riviera when they stopped to make camp just off the road near a farm called La Grand'Terre in Provence. The family was found murdered the following morning. Gaston Dominici, the illiterate, seventy-five-year-old patriarch of the nearby La Grand'Terre was accused, convicted, and condemned to death by guillotine soon after. When Dominici was first convicted there was general agreement that the ignorant, pitiless, and depraved old peasant had gotten what he deserved. At the time, Dominici stood for everything backwards and brutish about a peasantry left behind in the wake of France's post-war transformation and burgeoning prosperity. But with time perspectives changed. Subsequent enquiries coupled with widespread doubts and misgivings prompted President de Gaulle to order his release from prison in 1960, and by the 1980s many in France came to believe--against all evidence--that Gaston Dominici was innocent. He had become a romanticized symbol of a simpler, genuine, and somehow more honest life from a bygone era. Reconstructing the facts of the case and setting it against broader social, economic, and historical currents in post-war France, The Dominici Affair sheds light on one of the most puzzling and notorious crimes of 20th Century France, illuminating an entire Rorschach of social dynamics in the country.
"The latest edition of Smith and Keenan's English Law cannot fail to impress once again. This comprehensive introductory law text is a dependable companion for every non-law student and layman alike. The new authors are to be commended for successfully carrying on the tradition upon which the book's excellent reputation was built." Andrea Cerevkova, Senior Lecturer in Law, Edge Hill University. "Smith and Keenan's English Law is the most comprehensive text on English law available on the market. Suitable for students at all levels." Lachmi Singh, University of the West of England Have you ever wondered what exactly constitutes an unwritten constitution? What your rights are as an employee? When a contractual agreement is binding? Well-known for its uniquely comprehensive coverage of the legal system and the main, substantive areas of English law, Smith and Keenan's English Law is the definitive introduction to the law of the land and an all-purpose reference guide for students and professionals alike.
ERIN BROCKOVICH meets SILENT SPRING in this astounding true story of a lawyer who spent two decades building a case against one of the world's largest chemical companies, uncovering a shocking history of environmental pollution and heartless cover-up. The story that inspired the forthcoming motion picture from Participant Media/Focus Features, starring Mark Ruffalo, Anne Hathaway, Bill Pullman and Tim Robbins, directed by Todd Haynes. In 1998, Robert Bilott was a 33-year-old Cincinnati lawyer on the verge of making partner when his career and life took an unforeseen turn. He was taken by surprise when he received a call from a man named Earl Tennant, a farmer from West Virginia with a slight connection to Robert's family. Earl was convinced the creek on his property, where his cattle grazed, was being poisoned by run-off from a neighbouring factory landfill. His cattle were dying in hideous ways, and he hadn't even been able to get a water sample tested by local agencies, politicians or vets. As soon as they heard the name DuPont - the area's largest employer - he felt they were reluctant to investigate further. Once Robert saw the thick, foamy water that bubbled into the creek, the gruesome effects it seemed to have on livestock, and the disturbing frequency of cancer and lung problems in the surrounding area, he was persuaded to fight against the type of corporation his firm routinely represented. With all the cards stacked against him, Rob happened upon a stray reference in a random memo to a chemical called PFOA - a substance he'd never heard of that is used in the manufacture of Teflon. From that one reference, he ultimately gained access to 110,000 pages of DuPont documents, some of them fifty years old, that reveal decades of medical studiesproving the harmful - more often than not fatal - effects of PFOA in animals and humans. And yet PFOA sludge had still been dumped into rivers and landfill, endangering many lives. The case of one farmer soon spawns a class-action suit and the shocking realisation that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. This is the unforgettable story of the lawyer who worked tirelessly for twenty years to get justice for all those who had suffered because of this chemical.
"For a revision book I feel it has no weakness - it has everything the students need" Dr Claire McGourlay, Senior Lecturer in Law, University of Sheffield Law Express Question and Answer: Evidence is designed to help you get the most out of every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how even a good answer can be improved.
The English Legal System: Cases and Materials has hand-picked the key cases, statutes and other sources of law for students studying an English Legal System module. Using an accessible style, and organised to mirror most course syllabi, this book brings together a wide range of topical material which will enable you to find key sources easily.
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.
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 weerspieŽl ‘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.
'AS Law for AQA' is written specifically to cover the requirements of the AQA exam board and has been designed to be used by all levels and styles of learner with each being challenged and excited by their study.
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