UNIVERSITY OF ZULULAND
FACULTY OF
COMMERCE, ADMINISTRATION & LAW
DEPARTMENT
OF PRIVATE LAW
KWADLANGEZWA
CAMPUS
LEGAL SKILLS
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COURSE CODE: LCLS 102
YEAR: SEMESTER 1 -2014
CREDIT VALUE: 16 (NQF level -5)
Vision:
The University of Zululand
will be the leading rural-based comprehensive university providing quality,
career-focused undergraduate and post graduate education, including research in
the social and natural sciences, in partnership with the local and global
community.
Mission:
To provide access to students from
diverse backgrounds to an enabling and caring learning and teaching
environment; to offer relevant programmes that are responsive to the
development needs of society; to generate knowledge through research,
disseminate it through publications, teaching and development, in partnership
with the community.
1. Welcome
Statement
Welcome to the course LCLS 102 LEGAL SKILLS. Legal skills are a
practical module applying the principles learned during LPLP 101 and LPFL102 to
everyday scenarios.
The module will focus on developing the drafting as
well as the presentation skills required by legal practitioners, with emphasis on the drafting of
family law related pleadings and applications.
The module content includes drafting
divorce pleadings, maintenance applications, domestic violence applications,
custody applications, settlement agreements and adoption processes. As part of
developing communication and presentation skills students will participate in
mock trials/moot courts.
Due to the practical nature of the
module and in line with continuous assessment, the module will be assessed by
writing two formal assessments as well as continuous class assignments.
From a teaching perspective, this
module will afford you the chance to develop your potential through
participation in class discussion and individual assessment. The teaching
method will therefore be interactive rather than lecturer-focused. Active
participation and in-class problem solving shall be rewarded by way of
inclusion in the calculation of the semester mark.
The guiding principle in this module is
that there is no right or wrong answer but rather potential answers which are
subject to further qualification.
I have included the LLB degree policy
document as well as very useful study hints, hoping it will assist you with
understanding what is expected of you as a student at Unizul, as well as to
assist you with your studies.
There is no ‘easy’ way. Put in the work and you will do well in the
course.
Good luck with your studies.
Course leader: L
Ramaccio Calvino, Contact details:
Room 307, D Block.
Contact
Number: Extension 6212
Consultation Hours: To be announced
& by notice.
Vice Dean: Mr
L Ndlovu, Room 325, D Block.
Contact
Number: Extension 6496
Law Dept Secretary: Mrs
M Mthiyane, Law Dean’s Office
Contact
Number: Extension 6212
3. Course resources
Introductory
material
This provides a general overview of the module, administrative
information and details of the various pieces of assessment you will be
required to complete to pass the course.
Study material
This is the key learning resource. It is divided into modules,
each of which focuses on specific aspects of Family Law and law of Persons. Each module lists learning
objectives and provides guidance for the use of your text.
Solutions
Solutions to the assessments will be provided during the
feedback discussions.
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Text
Cronje,DSP & Heaton J, South African Law of Persons, 2004, 3rd
ed, Lexis Nexis, Butterworths, DURBAN
Cronje,DSP & Heaton J, South African Family Law, 2010, 3rd
ed, Lexis Nexis, Butterworths, DURBAN
Palmer & Cook, Becoming
a Lawyer, LexisNexis, Butterworths, DURBAN.
Notes:
A copy of precedents will be made available at Room 305 as well as
via the class representatives. PLEASE ENSURE that you make the necessary arrangements
in making copies of same from the abovementioned individuals.
Lecture slots:
Kindly refer to the
lecture slots and consulting hours as published on the notice at room 307.
Alternative consulting
hours can be arranged directly with me.
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4.
Study schedule
(PLEASE NOTE THAT THE
LEARNING OUTCOME IS NOT COMPREHENSIVE AND IS PURELY TO ASSIT STUDENTS IN
STUDYING THE CHAPTER CONTENTS. THE CASE LAW APPLICABLE TO EACH CHAPTER WILL
BE DISCUSSED DURING LECTURERS.)
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Week
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Module
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Activity/Reading
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Assessment
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1
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Learning
outcome:
·
Explain
what the first consultation with a client entail;
·
Explain
the importance of file administration;
·
List
the information required during the first consultation process;
·
Define
jurisdiction and be able to mention and differentiate between instituting
divorce actions in a High Court and in a circular court;
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Text/Notes
Class notes
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2&3
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Learning
outcome:
·
Differentiate
between an ordinary and combined summons;
·
List
the documentation that are to be attached to the Combined summons when
issuing summons;
·
Drafting
the Annexure A and Annexure B documentation;
·
Explain
the procedure involved in issuing a
summons;
·
Understand
and discuss the litigation process involved with regard to an unopposed
divorce;
·
Understand
and discuss the litigation process involved with regard to an opposed
divorce;
·
Differentiate
between a Plea and a Counterclaim;
·
Be
able to draft the basic pleadings and a notice in respect of opposed divorce;
·
Explain
forfeiture of benefits as well as list the factors as per section 9 of the
Divorce Act;
·
Explain
what a redistribution order is and list the prerequirements for the granting
of such an order;
·
Explain
the interrelationship between section 7(2) and 7(3) as well as the “clean
break” principle.
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Text/Notes
Uniform Rules of Court
Jurisdiction of Regional Courts
Amendment Act 31 of 2008
Bundle A:
Copy of summons (A1),
particulars of claim ( A2)
annexure A(A3),
statistic form(A4),
Annexure B(A5),
Notice of intention to defend (A6)
Plea (A7),
Counterclaim(A8),
Notice of set Down (A9),
Process flow & Notices (A10), Notices
(A11.1-5),
Notes – issuing and service (A12.1),
Applications & actions (A12.2),
Indexing (A12.3), Matrimonial law
notes (A 12.4)
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4
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Learning outcome:
·
Be
able to draft a basic divorce settlement agreement.
·
Distinguish
between guardianship, care-giving and contact rights;
·
Be
able to incorporate the best interest of minor children into the settlement
agreement;
·
Explain
how a settlement agreement is endorsed by the Family Advocate’s office;
·
Briefly
explain what a family advocate’s enquiry entails.
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Text/Notes
Bundle B:
Notes (B10);
Examples(B2).
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Assessment 1
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5&6
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Learning outcome:
·
Explain
a R43 application;
·
Explain
the process involved in filing a R43 application;
·
List
the information required in drafting a R43 application;
·
Explain
what relief can be claimed in terms of a R43 application;
·
Be
able to draft the basic documents in opposing a R43 application;
·
Explain
the process involved in applying for a variation order;
·
Be
able to draft a basic supporting affidavit.
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Text/Notes
Bundle C:
Notes (C1);
R43(6) (C2)
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7&8
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Learning outcome:
·
Explain
under what circumstances a claimant can claim maintenance;
·
Differentiate
between maintenance in respect of a minor child and spousal maintenance;
·
Be
able to do basic maintenance calculations;
·
Explain
the process in filing a maintenance application;
·
Explain
the maintenance trial procedure;
·
Explain
how maintenance orders can be enforced.
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Text/Notes
Chapter 13
text
Bundle D:
Flow chart
(D1)
Maintenance
Act (D2)
Notes(D3)
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9&10
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Module 7: Drafting Domestic Violence
Applications
Learning
outcome:
·
Know
whom can apply for a domestic violence order;
·
Explain
which court will have jurisdiction over a domestic violence application;
·
Mention
and discuss what relief can be claimed in terms of a domestic violence order;
·
Explain
the process in applying for a domestic violence order;
·
Be
able to draft the necessary documents in opposing a domestic violence
application;
·
Explain
how a domestic violence order can be set aside or varied.
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Text/Notes CH21
Bundle E:
Notes (E1)
DV Act (E2)
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11
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Learning outcome:
·
Understand
the process involved in domestic adoption applications;
·
Understand
the process involved in international adoptions;
·
Explain
a motherhood agreement;
·
Discuss
surrogacy.
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Text/Notes
Chapter 6 text
book
Children’s
Act, Act 38 of 2005 (Chapter 15).
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12
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Learning outcome:
·
Explain
what the criteria of “the best interest of the child” entails and how recent
legislation regulates the best
interest of the child;
·
Explain
a parenthood agreement;
·
Be
able to draft a basic parenthood agreement;
·
Explain
a partnership agreement;
·
Name
the rights afforded to children i.t.o. the children’s rights clause in the
Constitution as well as the recent Children’s Act.
·
Define
parental authority;
·
Explain
the scope of the duty to support and how the duty to support is enforced;
·
Explain
that the duty of support is reciprocal and when it comes to an end.
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Text/Notes
Children’s
Act, act 38 of 2005 ( Chapters 2, 3&5)
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5. Assessment scheme
Assessment objectives
The objectives of this course are outlined in the course
specification. You should note that each objective relates to a module of study
for this course. All objectives will be assessed via two assessments and class
assignments as well as a exam.
6. Assessments
Studying techniques
Preparing for assessments/examinations
It is a good idea to begin revising the semester’s materials at least two or three weeks before the examination.
That way, you have time to put in a bit of extra effort on areas you are not
quite certain of. Here are some extra points to help you.
Revise your notes. Go over the notes you
have made for yourself during your study. Make sure that you see the
relationship between the key points that you have written down, and the related
details.
Get together. If possible, get together
with others studying the same course. Discuss each point. Quiz each other.
Review ‘past
examination papers’. You
can use same as a ‘trial run’ to get an idea of
working within a strict time limit. Past examination papers may give you an
idea of the kind of questions that might be asked. But don’t place too much emphasis on them as lecturer can ask different
styles of questions.
Review assignments. Go over previous
assignments. If you did not do
well, look at the lecturer’s
comments/feedback to find out where you went wrong.
Get to bed in good time. Don’t stay up revising all of the night before the exam. Get a good
night’s sleep so that you are alert and at your
best. And don’t skimp on meals before the exam. Mental
exertion is just as dependent on a healthy body as is physical exertion.
Confirm examination mode. Come
prepared with all necessary equipment.
During your
assessment/ examination
Time planning. Just as you plan how you will
use your weekly study time, so too should you plan your time in the
examination. Here are some guidelines on how to use your time effectively in
your examination.
·
Try to leave yourself
sufficient time at the end of the examination to check over your work and make
any last-minute corrections.
·
If all questions have equal
weight, plan to take about the same amount of time with each one. If the
questions have unequal weighting, spend more time on those questions with many
marks, and less time on the ones with fewer marks.
·
In multiple choice questions,
don’t spend too much time on questions you can’t answer easily or quickly. Go ahead and answer the others first,
leaving yourself sufficient time to return to those that you are unsure
of.
Hints on answering questions. Here are few hints to help you in answering
questions.
·
Write legibly. Even with the
best will in the world, a marker cannot give you credit if your writing cannot
be read.
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In answering essay questions,
make certain that your essay is well organised and grammatically correct. It
will pay dividends to spend a few minutes planning your essay before you begin
writing.
·
Make sure that you answer the
question asked. Underline the key words in the question, and underline the
verb. This will help you to focus on the essence of the question.
Be committed
Try to build your study plan around fixed time commitments – the time that you must give to your essential daily activities
such as family, eating and sleeping, recreation and leisure.
Be realistic
Try to be realistic in planning your study time. You will probably
have to give up some of the things you do to make time for study. On the other
hand, most people need recreation, and find it easier to stick to a schedule if
they specifically include time for sport, leisure, or other relaxation.
Study every day
Study is easier if you spread the work out, rather than trying to
cram it all into one or two days. Also, research has shown that you learn
better and remember more if you spread out your studying.
Your concentration span
Most people find that it is difficult to concentrate for long
periods. If you must study for a long period of time, be sure to take a break
every hour for a few minutes.
Your study timetable
Find out what time of day you study best. Some people are most
alert early in the morning, some in the afternoon and others late at night. For
example, if you are a ‘morning
person’, try to schedule an hour or two of study
in the early morning before you go to work, or before the rest of the family is
out of bed.
Set realistic goals
But set goals! Before you begin a study period, decide what it is
you intend to accomplish. It may be to summarize one chapter, to write
two pages of an essay. And give yourself a pat on the back when you have
completed your assigned task.
Set good habits
Get in the habit of beginning work as soon as you sit at your
study table. Do not use part of your study time for other things, such as
straightening your room or alphabetizing your books.
Review your work
At the end of each study period, review the work that you have
done, and if necessary modify your study plan. At the end of each week, plan
your timetable for the week ahead.
Study Strategies
Studying refers to all that you do in order to learn something.
Here are some suggestions to help you study effectively.
Be active
Be actively
involved with the things that you are trying to learn. For example, write key
points in your own words. Try to relate your study to your own experience,
whether it be at home, or elsewhere.
Avoid compartmentalization
Try to see the relationships among different modules in a course,
and different courses in your program. The more you seek for and find
connections among the things that you study, the more sense they will make and
the easier they will be to remember.
Use memory aids
·
List the major points in each
module of a study book or chapter of a textbook. These major points form the ‘framework’ of the
course. If you understand the framework, you will find it easier to remember
the details.
·
Some students write important
points on cards and go through them from time to time. Others write a detailed
outline and pin it up on a wall by their study table. Such visible reminders
are a simple and efficient way to help you memorize basic facts.
Complied
by:
L Ramaccio Calvino
Admitted Attorney of South Africa
Lecturer - Private Law
Faculty Administration, Commerce & Law
University of Zululand
Block D - Room 307
KWADLANGEZWA
Telephone Number: 035-9026335
