JUSTICE – Administration of Justice – Guiding principles in the administration of justice

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COURT – Discretion of Court – How judicial discretion should be exercised

PRINCIPLE

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APPEAL – Interference with the Exercise of Discretion – Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court

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EVIDENCE – EVALUATION OF EVIDENCE – Whether evidence sufficient to constitute provocation is a finding of fact which is the duty of the trial Judge

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EVIDENCE – CONFESSIONAL STATEMENT – Conditions to be satisfied before a confession can be used in convicting an accused person

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CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE – When the defence of self defence will not avail an accused person

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CRIMINAL LAW AND PROCEDURE – DEFENCE OF PROVOCATION – What the court considers in its determination of what constitutes provocation

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CRIMINAL LAW AND PROCEDURE – DEFENCE OF PROVOCATION – Essential elements/ingredients required to estabish the defence of provocation

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INTERPRETATION OF STATUTE – SECTION 3 OF THE EXCHANGE CONTROL ACT – Interpretation of Section 3 of the Exchange Control Act as it relates to the operation of currencies other than that issued by the Central Bank

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COURT – Duty of Court – The duty of court where it finds an illegality with respect to matters before it

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CONTRACT – Illegal/Void Contract – Whether a contract prohibited by statute is illegal

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LAND LAW – Boundaries – Duty of a plaintiff to produce evidence to ascertain boundaries of land

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CONSTITUTIONAL LAW – Right to Fair Hearing – What “reasonable time” in Section 36(1) of the 1999 Constitution entails

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APPEAL – Appeal as of Right – Circumstance(s) when an appeal shall lie as of right

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WORDS AND PHRASES – “Damage” “Fault” – Meaning of the words “damage” and “fault”

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TORT – RULE in SMITH v. SELWYN – The rule in Smith v. Selwyn and its modifications

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TORT – Duty of Care – Instance where duty of care will not apply

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TORT – Duty of Care – Fundamental ingredient of the tort of negligence

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LATIN MAXIMS – “UBI JUS IBI REMEDIUM” – Meaning and nature of the principle of “ubi jus ibi remedium”

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INTERPRETATION OF STATUTE – Rules of Interpretation of Statute – Whether the provisions of a statute should be read as a whole in its interpretation

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