LEGAL THEORY 1
LLBU 1
2025
COURSE INFORMATION:
FOUNDATIONS OF LAW
&
INTRODUCTION TO LAW
Course Coordinators:
Assoc Profs H Kruuse & J Campbell
Emails: [Link]@[Link] & [Link]@[Link]
Graduate Assistants:
Lutho VENA <g20v8332@[Link]>
Gomolemo MASHANGOANE <g23m3371@[Link]>
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1. INTRODUCTION
Welcome to Legal Theory 1 (LT1) and LLBU 1.
For LLB students, Foundations of Law and Introduction to Law are stand-alone courses
that must be completed in your first year.
For students registered for LT1, Foundations of Law and Introduction to Law constitute
the composite course.
The information in this outline has been compiled to assist you to know what to expect in
the course. Please read it carefully to understand and appreciate the contents. If you have
a query on an administrative aspect of the courses, contact the course coordinators. If the
query concerns the content of the course, contact the relevant lecturer.
1.1. Overview
LLBU 1 is the first year of the 4-year LLB degree. Students are required to register and
complete Foundations of Law (first semester), Introduction to Law (second semester) and
the Law of Persons (second semester) in addition to 3 non-law courses of their choice.
This course outline pertains only to Foundations of Law & Introduction to Law.
LT1 is a major subject in the BA, B SocSci, BCom, B BusSci and BSc curricula. It involves
the study of key fields of the South African legal system in the realm of public and private
law, thus forming an important stepping stone towards the LLB degree. LT1 is
recognised as a credit for degrees in the Faculties of Humanities, Commerce and
Science. The two credits in the LT1 courses exempt a candidate from the equivalent
courses in the LLB curriculum. Please refer to the Rhodes University Calendar for more
information.
1.2. Credit value and NQF Level
Foundations of Law & Introduction to Law each carry 15 National Qualifications
Framework (NQF) credits.
This implies that the student must spend a total of at least 300 notional hours to master
the learning outcomes of the two courses successfully. Foundations of Law in the first
semester is offered at NQF level 5 and Introduction to Law in the second semester is
offered at NQF level 6.
Students must be able to manage and take full responsibility for their own learning in an
independent manner, and must also be able to work with other students.
1.3. Assumptions of prior learning
The student must have met the entrance requirements for the university and be able to
communicate in written and spoken English at an NQF level 4 standard.
The student must also be able to work and/or study independently and be capable of
working in groups.
The student must have basic computer literacy skills.
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2. GENERAL LEARNING OUTCOMES
Upon the successful completion of the Foundations of Law & Introduction to Law courses,
students should be able to:
Recognise and discuss modern sources of law;
Extract principles from law reports and other source materials;
Understand various means of alternative dispute resolution mechanisms (ADR);
Provide an overview of the structure of the courts and the procedures observed in
courts;
Provide insights into the nature and function of law;
Provide an overview of the various systems of law around the world;
Understand the hybrid nature of the South African legal system;
Introduce students to the basic principles of a human rights regime;
Provide a brief overview of the law of contract, delict (wrongs) and criminal law;
Introduce students to the nature of legal reasoning.
2.1. Critical outcomes
Students will be able to:
a) identify and solve problems
b) work in a team
c) organise and manage themselves
d) collect, analyse and evaluate information
e) communicate effectively
f) recognise problem solving contexts
g) participate as a responsible citizen
h) explore education and career opportunities
2.2. Specific intended outcomes
The courses are designed so that students successfully comple t i n g e a c h course
should be able to achieve the following outcomes:
FOUNDATIONS OF LAW A & B (taught in the first semester)
Identify and discuss the sources of the modern South African legal system in its
historical context.
Describe and use the conventions of legal communication.
Outline and explain the different forms of dispute resolution in South African law.
Describe and explain the structure and officers of the South African courts.
Provide an outline of criminal and civil procedure in South Africa.
INTRODUCTION TO LAW (taught in the second semester)
Describe and explain the nature and purpose of law.
Understand legal concepts and terminology.
Describe the nature and purpose of rights and duties in law.
Provide an outline of some of the legal systems of the world.
Describe the divisions of law.
Provide an outline of selected branches of public and private law (criminal law,
contract and delict or law of wrongs); and
Demonstrate an ability to apply legal principles and case law to selected factual
situations.
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3. TEACHING METHODS
Lectures will be delivered using a combination of teaching styles using practical questions
and real-life cases and examples as a basis for explaining concepts. PowerPoint slides,
case studies and supplementary reading materials will be uploaded onto RUconnected.
Students should access these materials for courses (Foundations of Law in the first
semester and Introduction to Law in the second semester). These sites are the primary
points of contact and distribution of information.
Students are expected to assume full responsibility for their learning by reading ahead of
the lecture and consolidating their own study notes afterwards. The ability of the student to
learn and assimilate knowledge at the end of the course will depend on the effort they put
into the course.
4. COURSE/MODULE CONTENT
4.1 Foundations of Law (First Semester)
The course content of this module comprises of the following sections:
Foundations of Law A: Sources of South African law in its historical context (taught by Mr
Harnett, Profs Kruuse and Kruger)
Foundations of Law B: Court Structures, forms of Alternative Dispute Resolutions, the
Legal Profession & outline of Criminal and Civil Procedure (taught by Profs Kruger & Prof
Kruuse).
4.2 Introduction to Law (Second Semester)
An introduction to the nature and purpose of law
An introduction to the nature and purpose of rights and duties
An outline of the legal systems of the world
Divisions of law and an outline of selected branches of public and private law
[criminal law, contract, delict (civil wrongs)]
5. RESOURCES
NB: Students are strongly encouraged to make use of the Law library and the main
library wherever possible for research in their assignments and tests.
Sustained reading is essential in a course of this type. It is recommended that students
buy either of the first two textbooks. The books that follow are highly recommended:
D Kleyn and F Viljoen Beginners Guide for Law Students 5 ed (2018) Juta & Co:
Kenwyn
T Madlingozi et al (ed) Introduction to Law and Legal Skills in South Africa 2 e d
(2021) Oxford University Press: Cape Town
P Maisel, L Greenbaum and G Stopforth Introduction to Law and Legal Skills in South
Africa 2 e d (2022) LexisNexis: Durban
HR Hahlo and E Kahn The South African Legal System and its Background (1985
reprint) Juta & Co: Kenwyn
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L Meintjes–Van der Walt et al (eds) Introduction to South African Law: Fresh
Perspectives 3 ed (2019) Pearson: Cape Town
WJ Hosten et al (eds) Introduction to South African Law and Legal Theory 2 ed
(1995) Butterworths: Durban
Prescribed readings are listed in the specific reading lists that your lecturers will provide on
RUConnected.
6. STUDENT ASSESSMENT
6.1 Foundations of Law
Outcomes Assessment Criteria
(On successful completion of this (What evidence must a student provide to show
course you will be able to) that they are competent?) The student must be able
to:
Explain the sources of the modern Identify and discuss the different sources of SA law
South African legal system in its and their relative importance.
historical context
Identify and discuss how SA’s history has shaped
the SA legal system
Outline and explain the different Distinguish between the different forms of dispute
forms of dispute resolution in South resolution.
African law.
Alternative Dispute Resolution Explain in relation to each of the forms of dispute
Litigation: Structure and officers of resolution, what structures and officers are involved.
the Courts
Outline and explain the role of a legal Explain the role of a legal practitioner in SA.
practitioner and the different types of
legal practitioners in the legal system. Distinguish between the different types of legal
practitioners in SA.
Discuss the ethics standards for legal practitioners
in SA.
Outline and explain the basic steps in Identify the difference between procedural and
civil and criminal litigation substantive law.
Identify the stages in a criminal and a civil trial.
Explain the most important procedural steps taken
in civil and criminal litigation.
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Describe and use the conventions of Access reference works and cases in the law library
legal communication to access and and online.
communicate information. Extract the appropriate legal rules from source
material.
Read a case, extract, and apply the principles
contained in it.
Write a case-note at an elementary level.
Communicate legal issues verbally and in writing in
the correct manner.
Reference correctly and accurately according to
basic referencing principles.
6.2 Introduction to Law
Outcomes Assessment Criteria
(On successful completion of this (What evidence must a student provide to
course you will be able to): show that they are competent?)
The student must be able to:
Describe and explain the nature of Identify and discuss the nature of law,
law and justice adjudication and justice through theory and
practice.
Describe the nature and purpose Identify the rights and duties in private law
of rights and duties in law. relationships through basic problem solving.
Demonstrate an understanding of Undertake a basic comparative analysis
the importance of comparative and apply basic comparative methods.
legal studies and be able to
discuss and compare the major
legal systems of the world.
Describe the divisions of law. Classify and distinguish private and public
law.
Provide an outline of selected Classify factual situations according to the
branches of public and private law various branches of the law and to distinguish
(criminal law, contract and delict). between a crime, a delict and a contract.
Solve basic legal problems in each branch of
law.
Demonstrate an ability to apply Apply the applicable law to the relevant facts
legal principles and case law to and provide the appropriate legal remedy.
selected factual situations.
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7. EXAMINATIONS
Examinations are compulsory.
One three-hour exam paper will be written in June/July and the paper will be divided
into section A and B dealing with Foundations of Law A and B respectively.
One three-hour paper for Introduction to Law, will be written in November and the
paper will be divided into two equal sections ie. section A and section B.
LT1:
A credit (CR) will be given if a candidate has passed both Foundations of Law and
Introduction to Law irrespective of the year or examination in which they were passed.
An aggregated credit (ACR) will be given if the candidate has an aggregated mark of at
least 50% for Foundations of Law and Introduction to Law (ie 100 or more out of 200)
and has obtained at least 35% in the course failed.
To achieve a non-aggregated credit (NCR) a student must (i) have an aggregated mark
of at least 50% for both component courses and (ii) must sit the examination for every
component course (ie. 100 or more out of 200).
Normally aggregation may take place only in respect of examinations written in the
same academic year. (Note: for this purpose, a supplementary or aegrotat examination
in January/February of the following calendar year counts as an examination in the
previous year.)
After the completion of the November examinations, the Dean of Law may recommend
to the Deans of Humanities, Commerce and Science that a student with an overall
aggregation average of 49% be raised to 50% to enable the student to pass with an
ACR or NCR or to qualify for a supplementary examination. Overall aggregation
averages below 49% (ie. less than 98 out of 200) will NOT be rounded up to 50% for
this purpose.
LLBU 1:
Students must obtain a credit (CR) for each of the courses, namely, Foundations of
Law and Introduction to Law.
If students wish to challenge their course work component marks, they must contact the
course co-ordinators as soon as possible.
Please refer to the Faculty of Law Handbook for further information regarding
supplementary examinations.
8. TESTS AND ASSIGNMENTS
There will be FOUR tests during the year ie. two per semester course. The test dates are
as follows:
Foundations of Law A: Wednesday 26 March
Foundations of Law B: Wednesday 30 April
Introduction to Law A: Wednesday 6 August
Introduction to Law B: Tuesday 16 September
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There are no make-up tests in this course. Students who are unable to write the test due
to illness, must apply for a LOA within 5 days of the date of the test providing support for
their applications. The LOA system is on RUConnected.
There will be FOUR assignments/tutorial tasks during the year ie. two per semester
course. The hand in dates for the first semester are as follows:
Foundations of Law A: Wednesday 19 March (assignment 1)
Foundations of Law B: Tuesday 6 May (assignment 2)
Introduction to Law A: To be announced
Introduction to Law B: To be announced
Students must check the RUconnected course sites regularly, so they do not miss this
important information.
Tests are compulsory and must be taken seriously. Tests assist borderline students and
consolidate knowledge, making it easier to learn for the examinations. The marks for the
four tests together with the tutorial assignment marks count towards a student’s class
record. The class record constitutes 30% of the final mark.
9. EVALUATION
The courses will be evaluated at regular intervals by way of student evaluations, teaching
evaluations and peer evaluations of the staff lecturing the course. These evaluations will
be conducted by other Law Faculty members and external examiners who comment and
report on examination papers and the students’ scripts.
10. TUTORIALS
The class will be divided into groups for tutorial purposes. Each group will be allocated a
tutor. No permanent change of group may be made without the approval of the course
coordinators. Should a student miss a scheduled tutorial this must be made up with the
permission of the GAs. Where students make up a tutorial, the onus is on the student to
ensure his/her attendance is noted at the tutorial attended. The tutorial programme will
commence in week 3 in the first semester. Do not report for any tutorials before being
told to do so.
YOU ARE REQUIRED TO ATTEND 100% OF YOUR TUTORIALS UNLESS YOU HAVE
A VALID LEAVE OF ABSENCE. IF YOU FAIL TO ATTEND AND DO NOT HAVE A
VALID LOA, YOUR DP MAY BE REMOVED.
NOTE: Plagiarism, cheating or assisting a student in any test, tutorial assignment, essay
or examination will result in disciplinary action being taken by the University against the
student concerned.
You are welcome to ask your tutor or the GAs if you have any issue.
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11. THE LAW LIBRARY
Many of the prescribed textbooks are available as e-books on the Rhodes Library website.
Only students who are registered as library users will be allowed to access these e-books
and borrow books from the library. Student cards must be produced in order to borrow a
book.
If you are unsure about anything in the library, ask the person on duty in the Law Library.
SHORT LOAN is a reserved collection of textbooks and recommended books, by the
lecturers. This ensures that essential reading material is available to students. You need
your student card in order to take out items from the Short Loan section.
The process of short loan is as follows:
Ask the library assistant to fetch the item for you.
A maximum of 2 items may be taken at a time.
A book or notes may be taken for an hour only.
Items in high demand may be time-restricted, as specified by the Librarian.
Students who owe unpaid fines will not be permitted to make use of any Short Loan
material.
Any queries on Law Library can be directed to Ms Sindiswa Gule to the Law
Librarian: [Link]@[Link]
12. DP CERTIFICATES (DULY PERFORMED CERTIFICATES)
The RU General Regulations read inter alia as follows:
“Subject to any exceptions approved by Senate, a student shall not be admitted to an
examination in any course unless the Head of the Department concerned has certified that
the student has satisfactorily attended the class meetings for the course under examination
and has satisfactorily performed the work of the class.”
The “work of the class” is a broad term including lectures, tests, tutorial attendance,
tutorial assignments, written-work assigned by the tutors. Any other assignments or work
prescribed by a lecturer in the courses will also fall under this definition.
Students must comply with the DP requirements in respect of each component of the
course.
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