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QUESTION 1. Three differences between Public Law and Private Law: • Public Law regulates the relationship between the State and its citizens, or between different organs of the State. Private Law regulates the relationship between individuals. • Public Law aims to protect the public interest and maintain order. Private Law aims to protect individual interests and resolve disputes between them. • Examples of Public Law include Constitutional Law, Administrative Law, and Criminal Law. Examples of Private Law include Contract Law, Delict, and Family Law.
QUESTION 2. The two main types of loss for which compensation can be claimed under the Law of Delict are: i. Patrimonial loss (financial loss) ii. Non-patrimonial loss (non-financial loss, e.g., pain and suffering)
QUESTION 3. The five sources of Law in South Africa are: • The Constitution • Legislation (statutes) • Case Law (judicial precedent) • Common Law • Customary Law
QUESTION 4. The Constitutional Law regulates the powers of the State and these are also divided into various bodies namely: • Legislative authority • Executive authority • Judicial authority
QUESTION 5. The hierarchy of the South African Courts of Law from highest to lowest and one function for each: • Constitutional Court: The highest court in all constitutional matters. It makes the final decision on whether a law or conduct is constitutional. • Supreme Court of Appeal: Hears appeals from the High Courts and deals with non-constitutional matters. • High Courts: Have original jurisdiction over serious civil and criminal cases and hear appeals from Magistrates' Courts. • Magistrates' Courts: Deal with less serious civil and criminal cases within their specific geographical areas.
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This law problem is solved step by step below, with detailed explanations to help you understand the method and arrive at the correct answer.