FACULTY
OF COMMERCE ADMINSTRATION & LAW
DEPARTMENT
OF LAW
COURSE
OUTLINE
Module Title
|
LEGAL
SKILLS C
|
Module Code
|
LCLS
201
|
Programme in which the module is offered
|
LLB
DEGREE
|
Year of offering
|
SECOND
YEAR
|
SAQA Credits
|
16
CREDITS
|
NQF level
|
LEVEL 5
|
Name of Lecturer / Lecturers
|
MRS L
RAMACCIO CALVINO
|
8 November 2016
Dear Student
Welcome to the module LCLS 201. This module is only offered in the
first semester of the academic year and is a mandatory module for all first
year LLB students. LCLS 201 has no prerequisites and is a stand-alone
module.
This module
will enable second year LLB students to apply the theoretical knowledge they
obtained in respect of law of persons and family law in practice. This module is therefore of a practical
nature designed to expose LLB students to llitigation skills and in particular matrimonial
law. The module provides a step-by-step guide to the litigation process, from
your first meeting with a client, through the court processes. The module is
presented in five logically laid-out aspects of litigation, each covering separate
litigation processes and/or applications, ensuring continuity and greater
understanding of what each aspect of the law as well as the process applicable
entails.
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 inter alia the drafting of divorce
pleadings, maintenance applications, domestic violence applications, custody
applications, settlement agreements and adoption applications.
As part of
developing communication and presentation skills students will be required to participate
in class presentations and moot courts. 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.
In order to successfully complete this course, it
is assumed that students should:
·
Be capable of communicating competently in
written and spoken English;
· Be
able to work/study independently by reading, extracting and analysing relevant
information from various sources of law;
· Access
resources, especially the library and electronic resources;
·
Apply legal problem-solving techniques;
·
Follow appropriate legal referencing
conventions in written work.
From a teaching perspective, this
module will afford students the chance to develop their potential through
participation in class discussion and individual assessment. The teaching
method will therefore be interactive rather than lecturer-focused
As future lawyers/magistrates/advocates
or judges, LLB students will at all times be expected to act in an accountable
and ethical manner. LLB students are accordingly expected to familiarise
themselves with the student disciplinary code of the University of Zululand and
act with the necessary decorum that can be expected from a law student. The
department will under no circumstances tolerate copying or plagiarism. Students
are furthermore expected to attend classes on time, attend tutorial classes,
and submit work timeously. In the event of a student not writing an assessment
or submitting an assignment on a specific date, a student must submit a
doctor’s letter or death notice which will be considered in affording the
student an alternative test or form of assessment.
Best
of luck with your studies!
TABLE
OF CONTENTS
Page
1.
DEFINITION OF TERMS 5
2.
MODULE PURPOSE 6
3.
GENERIC OUTCOMES 6
4. SPECIFIC
OUTCOMES 6
4.
TOPICS WITH SCHEDULING 7
5.
NOTIONAL HOURS 13
6.
CONSULTATION TIMES 14
7.
MODE OF DELIVERY 14
8.
ASSESSMENT PROCEDURES 15
9.
ASSESSMENT CRITERIA 19
10. PRESCRIBED
READINGS AND RECOMMENDED READINGS 20
11. MATERIALS
NEEDED FOR THE MODULE 21
12. ANNEXURE”A” 22
1. DEFINITION
OF TERMS
COURSE
OUTLINE/SCHEME OF WORK/MODULE OUTLINE: Course/Module outline/Schemes
of work represent a contract between the lecturer and student stipulating the
requirements for each course: its aims, learning outcomes, course requirements
and assessment.
LEARNER/STUDY
GUIDE: A learner/study guide helps in organising lecture notes and
textbook material so that students can increase their comprehension and memory
of large amounts of information. Specific outcomes on topics covered, the
summary of content, as well as revision questions are included.
TUTORIAL:
A
tutorial is an interactive method of transferring knowledge in the learning process.
A tutorial seeks to teach by example and supply the information to complete a
certain task.
PRACTICAL:
A
practical is a lesson in which theories and procedures learned are applied to
the actual making or doing of something.
FORMATIVE
ASSESSMENT: The goal of formative assessment is develop and
monitor student learning to provide ongoing feedback that can be used by
lecturers to improve their teaching and by students to improve their learning.
SUMMATIVE
ASSESSMENT: The goal of summative assessment is to evaluate
student learning at the end of an instructional unit by comparing it against
some standard or benchmark.
GENERIC
OUTCOMES: These are critical cross-field outcomes that inform all
teaching and learning as stipulated by SAQA Regulations.
Each module should enable students to:
· work
effectively as individuals and with others as members of a team;
· organise
and manage themselves and their activities responsibly and effectively;
· identify
and solve problems and make decisions using critical and creative thinking;
· collect,
analyse, organise and critically evaluate information;
· communicate
effectively using visual, symbolic and/or language skills in various modes;
· use
science and technology effectively and critically showing responsibility
towards the environment and the health of others; and
· Demonstrate
an understanding of the world as a set of related systems by recognising that
problem solving contexts do not exist in isolation.
SPECIFIC/MODULE
OUTCOMES: Learning outcomes are statements of what students will
learn in a lecture. Each lecture has its specific outcomes. The statements are
focused on student learning.
2. MODULE PURPOSE
Legal Skills C is
concerned with providing students with practical training material for the legal profession.
Therefore the purpose
of the module is:
·
To provide students with an insight into the application
of the theoretical knowledge they acquired in respect of law of persons and
family law;
·
To familiarise students with litigation
processes and or applications relevant to family law in the Magistrate’s Court
as well as the High Court;
·
To introduce students to basic drafting skills;
·
To provide students with a step-by-step guide to the litigation
process as well as providing students with the necessary insight to draft
specific applications/ actions relevant to family law litigation;
·
To examine the provision of relevant statutes and
introducing students to changes in the law and additional new techniques and skills required in the
litigation process;
·
To assist students with the legal concepts and
terminology commonly encountered in family law litigation.
3. GENERIC
OUTCOMES
It is intended that students will be
able to:
·
Organise
and manage themselves effectively;
·
Collect,
understand and analyse information from various sources of law, in addition to
information conveyed in the lecture room;
·
Recognise
problem-solving contexts involving family law litigation;
·
Identify
a legal remedy by way of analysis and draft the relevant documentation to solve
the matrimonial problem/s;
·
Communicate
effectively, both in class and through written work;
· Develop
independent research skills, including the use of technology for legal
research.
4. SPECIFIC OUTCOMES
It is intended that by the end of the
course, students will be able to:
·
Show
an in-depth understanding of the basic principles that underlie family law
litigation, such as different processes by way of application or action in
instituting matrimonial remedies;
·
Explain
the utility of litigation skills;
·
Understand
and evaluate the laws governing drafting of pleadings as well as the relevant
statutes relating to specific relief that can be claimed in terms of family
law;
·
Apply
the knowledge gained during the course to solve practical problems arising from
personality rights.
5. TOPICS WITH SCHEDULING
Week
|
Module
|
Activity/Reading
|
Assessment
|
1
|
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;
|
Text/Notes
Class notes
|
Week 1
6-10 Feb 2017
|
2&3
|
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 pre-requirements for the granting of such an order;
·
Explain the interrelationship between
section 7(2) and 7(3) as well as the “clean break” principle.
|
Text/Notes
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)
|
Week 1 & 2
13-17 Feb 2017
|
4
|
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.
|
Text/Notes
Bundle B:
Notes (B10);
Examples (B2).
|
Assessment 1
Week
3 -5
20-10 March 2017
|
5&6
|
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.
|
Text/Notes
Bundle C:
Notes (C1);
R43(6) (C2)
|
Week 6
- 9
13-21 April 2017
|
7&8
|
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.
|
Text/Notes
Chapter 13 text
Bundle D:
Flow chart (D1)
Maintenance Act (D2)
Notes(D3)
|
Week 10
24-28 April 2017
|
9&10
|
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;
Know and apply the provisions of the Prevention of Harassment Act 17 of 2011.
|
Text/Notes CH21
Bundle E:
Notes (E1)
DV Act (E2)
|
Week 11
1-5 May 2017
|
11
|
Learning outcome:
·
Understand the process involved in
domestic adoption applications;
·
Understand the process involved in
international adoptions;
·
Explain a motherhood agreement;
·
Discuss surrogacy.
|
Text/Notes
Chapter 6 text book
Children’s Act, Act 38
of 2005 (Chapter 15).
|
Week 12 & 13
8-19 May 2017
|
12
|
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
in terms of 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.
|
Text/Notes
Children’s Act, act 38
of 2005 ( Chapters 2, 3&5)
|
Week
14
22-26 May 2017
|
6. NOTIONAL HOURS
LCLS 201 will be
lectured three times a week. Kindly refer to the official time table in this
regard.
In addition to the
national hours allocated in terms of the timetable, students are expected to
spend additional learning hours that are used for the learning activities and
assessment of the module such as lectures, tutorials, practicals,
presentations, independent study etc.
7. CONSULTATION TIMES
Difficulties experienced in
respect of this module or queries relating to assessments/assignments may be
discussed with me during consulting hours. I can be consulted during the
consulting hours as displayed on my office door, room 309, Block D 3rd
Floor. In case of an emergency I may be contacted at 035-9026335. Please adhere
to the consultation hours!
8. MODE OF DELIVERY
The course is taught by
Mrs L Ramaccio Calvino. It has been divided into specific topics which
will be covered in the form of viva voce lectures. These lectures will
comprise of a discussion of the law as contained in textbooks, case law and
legislation.
Students are expected
to read ahead of the next lecture so that they may participate in the lecture
and solve legal problems either individually or in groups. There will also be compulsory
tutorial sessions every week during the semester for revision, problem
scenarios and preparation of exams and tests. There is no comprehensive handout
for the course and as such, students will be expected to take their own notes
during lectures and to supplement these notes with readings provided in the
course outline. It is expected that students assume responsibility for their
own learning by independent study according to the guidance provided by the
detailed course outline. Feedback for assignments and tests will be given
during class.
9. ASSESSMENT PROCEDURES
It is the
responsibility of the student to ensure that he/she is registered for the correct
module prior to the date of the first assessment. Only registered students’
scripts will be marked and the mark captured.
Due to the practical
nature of the module and in line with continuous assessment, the module will be
assessed by way of formative and substantive
assessments.
The
formal assessments will comprise of two written assessments as well as an end-of-semester
examination. The two assessments and /or any assignments will count towards 50%
of the module mark. The assessments may consist of the following assessment
methods:-
Multiple
Choice Questions
|
Select the
correct answers
|
Short
Answer Questions
|
Short, usually
descriptive, qualitative, answers of between one words to over a page. Might
include diagrams with explanation
|
Essays
|
Written work in
which students state an argument supported by evidence
|
PLEASE NOTE that if a student has
not written BOTH assessments he/she has to submit a doctor’s letter or proof
of a death in the family within 14 days after the date of the assessment and
write the 3rd assessment test.
A minimum semester mark
of 40% will be a pre-requirement for being allowed to write the final
examination
The final examination will count towards the other 50% of the
final module mark.
A student that obtains a mark of 40-49% should be entitled to a
re-assessment examination. It is the student’s responsibility to ascertain from
administration whether he/she qualifies for a re-assessment examination.
Students that did not write the final examination due to a death in the family
or illness need to apply at administration to write an aegrotat examination.
The re-assessment and aegrotat examinations will be written shortly after the
conclusion of the examination period for that academic year. Students that do
not write the aforesaid examination will forfeit the opportunity to re-assess
the module.
All assignments
must be done by using Arial as a font, 12 point font, 1.5 line
spacing. Sizes of pages and margins can be communicated to the student by the
lecturer. Use the university approved assignment cover page. A copy of the
assignment cover sheet is annexed hereto as Annexure “A”.
STUDYING AIDS
In studying this course you should also focus upon the learning
objectives specified at the commencement of each module in the study book. They
form the basis for your readings and revision of each topic.
Tutorials
Tutorials
are mandatory for this module. At
the beginning of the semester the registered students for the module will be
divided into tutorial groups. Each group will be appointed a tutor, whom will keep
a register of each tutorial class. During tutorials tutorial questions will be
discussed and revision will be done to assist students in understanding the
module content. As indicated before, tutorial questions may also be marked and
such marks may be used in calculating the semester mark. Please use tutorials
professionally and with the intention of increasing your knowledge of the
subject matter. Tutorials will be delivered in accordance with each tutor’s
tutorial slots.
Examination
techniques
The formal examination requires you to demonstrate your learning
to the lecturer. If you have followed these suggestions about studying, you
will be well on your way to success. Here are a few additional points to help
you with your exams.
Preparing for 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 assessments
/ assignments. If you didn’t 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.
·
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 summarise 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 alphabetising
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 compartmentalisation
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 memorise basic facts.
o
Form study groups: Form a study group with other students. Ask for help or to get a
fresh point of view. You will find that trying to explain something to another
person is one of the very best ways to learn it yourself.
In your 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
·
Write legibly. Even with the best will in the world, a marker
cannot give you credit if the writing cannot be read.
·
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.
10. ASSESSMENT CRITERIA
Specific Outcomes
|
Assessment Criteria
|
Assessment Tasks
|
Students are expected
to
develop:
|
Students must provide
evidence of
competency in
the following ways:
|
Students may be
expected
to:
|
1. Show an in-depth
understanding of the
basic
principles that
underlie the litigation process.
|
Identify, explain and analyse the basic
principles of litigation.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
2. Understand and appreciate
the relevant statutes that regulate the drafting of pleadings and notices, as
well as specific applications relevant to family law litigation.
|
Identify the key statutes and provisions that
regulate the drafting of pleadings.
Explain the implications and effects of
these provisions.
Explain these laws and analyse their
adequacy.
Analyse relevant statutes enabling specific
applications relevant to family law litigation.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
3. Explain the
utility of litigation skills.
|
Identify the role of litigation skills and
explain its importance in everyday life.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
4. Apply the
knowledge gained during the course to solve practical problems arising from
personality rights.
|
Synthesise and integrate the knowledge
gained in order to propose practical solutions to problems associated with family
law related problems, and advise accordingly.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
11. PRESCRIBED
READINGS, AND ADDITIONAL (RECOMMENED) READINGS
The following books are the prescribed books for this module:-
·
C G Maverick Litigation Skills for South
African Lawyers (2007), 2nd
edition, LexisNexis Butterworths: Durban is the prescribed text book for this
module.
The following books may be consulted for additional reading to
further your knowledge of the subject matter:
· Heaton J, South
African Law of Persons, 2012, 4th Ed, LexisNexis, Butterworths,
DURBAN
·
Heaton J, South
African Family Law, 2010, 3rd Ed, LexisNexis, Butterworths, DURBAN
·
Palmer & Cook, Becoming a Lawyer,
LexisNexis, Butterworths, DURBAN.H Kruger and A Skelton (Eds) The Law of
Persons in South Africa (2010) OUP: Cape Town.
The following legislation will be consulted:
- The Constitution of the Republic of South Africa 108 of 1996
- Children's Act 38 of 2005
- Maintenance Act 99 of 1998
- Domestic Violence Act 116 of 1998
- Divorce Act 70 of 1979
- Prevention of Harassment Act 17 of 2011
- Magistrate's Court Act 32 of 1944
- Uniform Rules of Court
12. MATERIALS NEEDED FOR THE MODULE
The
module will require that the student present his/her work during class
discussions. Students will therefore require, an addition to the obvious
stationery, a USB stick.
Annexure
“A”
FACULTY
OF --------------------------------------------------------------
DEPARTMENT
OF--------------------------------------------------------
ASSIGNMENT
COVER SHEET
Student Name
|
|
Student Number
|
|
Module Title
|
|
Module Code
|
|
Assignment Topic
|
|
Due Date
|
|
Name of Lecturer
|
|
Lecturer’s Remarks
|
|
