National legislation parliament o provincial

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National legislation – Parliament o Provincial legislation – provincial legislatures; and o Local legislation – city councils Textbooks Common Law Journal articles Case law Internet African indigenous law Plagiarism : Plagiarism is committed when you take the words, ideas or thoughts of another person and present them as your own. A program called Turnitin actually compares words, phrases etc against 4,5 milliard pages from the internet to determine if plagiarism is at work in the students notes or assignments. Characteristics of plagiarism include o Direct repeat or copying of paragraphs or sentences o Repeating of thoughts, research results, statistics etc without giving recognition to the author o Paraphrasing another’s work with small changes o Base argument of a specific idea without giving recognition o Copy and paste of original work and present it as your own o Submission part or wholly of another student o Submission of an original piece of work with correct references for 2 different subjects o Being dishonest in an exam through making use of crip notes or copy from a fellow student. Primary Sources Always consult legislation first regarding any type of research. This is because the legislation is the MOST authoritive source of information when making a case. Lesser authoritative sources include case law, African indigenous law, journal articles and textbooks. Original acts are published in the government gazette. The primary source of law is always legislation ; legislation stems from acts/statutes and often referred in interchangeably. Reading the act alone is not sufficient in conducting research on a specific topic. One needs to consider other primary and secondary sources of the law as listed in the table above. This will ensure that you as an attorney are well prepared for court and will be able to provide expert opinion and advise to your client. Acts become effective when published in the Government Gazette. It is however imperative to make sure that a particular act you’re doing research on is effective otherwise the text may not be able to stand up in court. In such a case the particular act may be under review and it may be noted as a secondary source of law. Page 8 of 28
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Searching for court cases o If you have a reference to the case “Kriel v Hochstetter House (Edms) Bpk 1988 ( 1 ) SA 220 you will find the case in volume ( 1 ) of 1988 , of the South African Law Reports page 220 – Exam hint 1988 – Year it was reported ( 1 ) – Volume SA Publication South African Law Reports 220 – Page number o If you have the name of the parties (one or both) you can find the case reference by consulting the indexes Index to South African Law reports and Noter-up (1828-1946) Butterworth’s Consolidated Index and Noter –up to the SA Law reports and Juta’s Index and Annotations to the SA Law reports In the “Cases reported” Butterworths or “Table of Cases” Juta which form part of these indexes you will find a list of reported cases.
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