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In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
When Daniel is tasked with writing the biography of his grandfather, Jules Browde - one of South Africa’s most celebrated advocates - he gets straight to work. But the task that at first seems so simple comes to overwhelm him.
The troubled progress of Daniel’s book stands in sharp contrast to the clear-edged tales his grandfather tells him. Spanning almost a century, these gripping stories compellingly conjure other worlds: the streets of 1920s Yeoville, the battlefields of the Second World War, the courtrooms of apartheid South Africa.
The Relatively Public Life Of Jules Browde is more than the portrait of an unusual South African life, it is the moving tale of a complex and tender relationship between grandfather and grandson, and an exploration of how we are made and unmade in the stories we tell about our lives.
In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children - the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners' minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke's rise as one of the country's top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.
THE SUNDAY TIMES BESTSELLER 'Eye-opening, damning and hilarious' Tim Shipman, author of All Out War and Fall Out "I'm a barrister, a job which requires the skills of a social worker, relationship counsellor, arm-twister, hostage negotiator, named driver, bus fare-provider, accountant, suicide watchman, coffee-supplier, surrogate parent and, on one memorable occasion, whatever the official term is for someone tasked with breaking the news to a prisoner that his girlfriend has been diagnosed with gonorrhoea." Welcome to the world of the Secret Barrister. These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear those stupid wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. Both a searing first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister wants to show you what it's really like and why it really matters.
Drawing on the authors' extensive experience at the Bar, Evidence provides an excellent introduction to the essential principles of the law of evidence in both civil and criminal litigation. The manual clearly explains the key rules of evidence, while its practical approach ensures that trainee barristers are prepared to conduct litigation in pupillage and beyond. This manual has been fully revised to cover all recent developments in both civil and criminal evidence, ensuring that the most up-to-date procedure rules and guidelines are included.
'A thoughtful, elegant book. ... often as thrilling as a detective novel. ' - Thomas Grant, QC The Times. Sarah Langford is a barrister. Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice: weave their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours. To work at the Bar is to enter a world shrouded by strange clothing, archaic rituals and inaccessible language. So how does it feel to be an instrument of such an unknowable system? And what does it mean to be at its mercy? Our legal system promises us justice, impartiality and fair judgement. Does it, or can it, deliver this? With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts. She examines how she feels as she defends the person standing in the dock. She tells compelling stories - of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law - that are sometimes shocking and often heart-stopping. She shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself.
Written by a recent law school graduate with an extraordinary success story, Excelling in Law School: A Complete Approach transcends merely surviving the experience, demonstrating how to earn high grades by working smart, excel in extracurricular activities, publish, and land top jobs. The author aced his first year at a fourth tier law school and transferred to a top-10 school from which he graduated, magna cum laude. Now, he shares his insights and his experience, surpassing expectations set by his less-than-lustrous LSAT scores. Miller relieves some of the anxiety about law school by conveying proven strategies that will appeal to today's tech-savvy law student. He outlines the available resources and study-aids and shows how to effectively use new technologies such as websites that distribute outlines, companies that provide MP3s of detailed lectures on first year courses, student-maintained outline banks, recorded lectures, professor podcasts, and PowerPoint slides. Students learn the specific, unique skills required to approach law reviews and scholarships and to hunt for jobs. Excelling in Law School: A Complete Approach observes successful tactics used by other students and guides readers in selecting the strategies and resources that best fit each personality
Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.
Blending theory with real-life applications, the 8th Edition of LAW AND ETHICS IN THE BUSINESS ENVIRONMENT presents modern issues and the latest in case law for an exciting and thought-provoking text. Rather than shying away from controversial topics, it encourages lively classroom debate on everything from privacy and workers' rights to diversity and stereotyping. Insightful cases, end-of-chapter questions, historical quotes, and chapter projects sharpen critical thinking skills, while a wealth of interactive assignments like role plays, mock trials, roundtables, and more prepare you for the ethical and legal dilemmas of the business world.
A frank and witty memoir of life at the Bar and on the Bench, from former High Court Judge The Hon. Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad. Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called `Yorkshire Ripper'. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage. As a judge, he presided over the trial of Colin Stagg (the alleged `Wimbledon Common murderer'), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor's alleged involvement in euthanasia. Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.
How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.
Drafting is designed to equip trainee barristers with the requisite skills to draft high-quality legal documents across all areas of practice. The manual contains practical advice on the skill of drafting in a number of legal settings, including contract, tort, and criminal proceedings. Each chapter contains numerous examples accompanied by detailed commentary on the key features of the draft. Exercises are included throughout the manual, offering the opportunity to practice and perfect your own style of drafting.
Opinion Writing and Case Preparation equips trainee barristers with the tools and techniques they need to identify, analyse, and present convincing legal arguments, and gives a thorough grounding in the skill of writing opinions. With its systematic approach to legal research and fact management, the manual provides trainee barristers with an efficient and reliable method for preparing a client's case. The fundamental qualities of effective writing are also clearly identified and explained, helping you develop this essential skill. Particular care is taken to guide you through the appropriate ways of writing opinions in a variety of contexts.
Adopting a highly practical approach, Remedies is designed to help trainee barristers identify appropriate remedial relief for their clients, and calculate damages where necessary. Remedies fully prepares trainee barristers for practice with coverage of the specific remedies which are available in various areas of law, including judicial review, trusts, unlawful discrimination, and EU remedies. The manual also details when specific remedies are available and what must be established for the chosen remedy to be granted.
The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar - who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of the theories of adjudication, the historical role of the judiciary and bar in the apartheid years. It argues, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid are found to have deserted its victims.;The few notable exceptions both illustrate the potential for lawyers to have done more and lay the basis for the respect the rule of law still enjoys in South Africa despite apartheid. Yet, the author argues, many continue to commit a more serious "crime". Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way that will appeal to all readers - lawyers and non-lawyers alike - interested in the relationship between law and justice, as it is exposed during a period of transition to democracy.
Written by experienced advocates and advocacy trainers, Advocacy provides an excellent introduction to the skills and techniques required to be an advocate. Coverage includes guidance on making opening and closing speeches; planning and delivering examination-in-chief and cross-examination; questioning witnesses; as well as examples of specific questioning techniques which may be employed in practice. Additionally, authors highlight the ethical boundaries and rules within which an advocate must work. Advocacy covers both criminal and civil court proceedings, and includes a number of how-to-do-it guides illustrating how particular applications should be made when in practice.
Covering all aspects of the client interview, Conference Skills is designed to help trainee barristers develop the key written, interpersonal, and case-work skills required to conduct successful client conferences. Special attention is devoted to skills of questioning, listening, and advising, to ensure the trainee barrister is well equipped to maximize a client conference in terms of gathering information and giving advice. Featuring numerous how-to-do-it guides, worked examples, and realistic case documentation, the manual offers practical step-by-step guidance so that the trainee barrister can approach any client conference with confidence.
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