Can I refuse to be a witness in court in South Africa?

If you get a summons or subpoena, you must attend court on the date listed on the form. If you fail to do so, you can be imprisoned for contempt of court. You cannot refuse to attend court as a witness because you say you are intimidated by one of the people in the case or because you are afraid to give evidence.

What are the 5 sources of South African law?

The sources of South African law are:

• the Constitution – the supreme law of the country (s 2 of the Constitution)
• legislation (acts of the national and provincial legislatures, and governmental regulations)
• common law.
• judicial precedent.
• customary / indigenous law.
• Religious personal laws.
• international law.

How do you write a procedural history of a case?

Procedural History: Briefly describe the history of the case by stating the state in which the case originated, the appellate court to which the appeal was sent, any subsequent appellate courts, and end with the court from which the opinion in the text is taken.

What are the 4 elements of a valid contract?

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

What are the 4 main sources of law?

The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.

How do you write a reasoning in a case brief?

Steps to briefing a case

1. Select a useful case brief format.
2. Use the right caption when naming the brief.
3. Identify the case facts.
4. Outline the procedural history.
5. State the issues in question.
6. State the holding in your words.
7. Describe the court’s rationale for each holding.
8. Explain the final disposition.

What is procedural history in IRAC?

IRAC Method Procedural History – Outline the history of the case. Which court authored the opinion? What was the decision? If the opinion was written by a higher court, did the lower court issue the decision following a court trial, jury trial, or motion for summary judgment? Issue – Identify the issue(s) of the case.

What are the 5 requirements of a contract?

The Elements of a Valid Contract

• Offer and Acceptance. An offer occurs when one party presents something of value that they wish to exchange for something else of value.
• Consideration.
• Mutuality or Intention.
• Legality.
• Capacity.
• Creating Your Next Contract.

What are the 5 parts of a contract?

What are the three key elements of a contract?

The Three Elements of an Enforceable Business Contract

1. The Offer. The first element of a valid contract is an offer.
2. The Acceptance. When an offer is made by one party, the offer must be accepted by the other party for the contract to be valid.
3. Consideration.

Can you say you don’t remember in court?

Lawyers may also tell witnesses that if they don’t remember certain events, they can simply say “I don’t recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don’t recall” to avoid truthfully answering questions.