What are twenty (20) common legal questions and answers in South Africa?

While legal questions can vary depending on country and circumstances, here are 20 common legal questions and brief answers. Keep in mind that these responses are general and may not cover all aspects of the law. If you have specific legal concerns, it’s always advisable to consult with a qualified attorney or advocate.

  1. What should I do if I’m involved in a car accident?

    • Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.

  2. How do I create a legally binding contract?

    • Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.

  3. What is the process for filing for divorce?

    • Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.

  4. How can I protect my intellectual property?

    • Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.

  5. What is the difference between a will and a living will?

    • Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.

  6. How can I start a small business legally?

    • Answer: Register your business, obtain necessary licenses, and comply with tax regulations.

  7. What are my rights if I’m arrested?

    • Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
  8. How does insolvency work?
    • Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.

  9. Can I be fired without cause?

    • Answer: No

  10. What is the process for adopting a child?

    • Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.

  11. What rights do tenants have?

    • Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.

  12. How do I deal with workplace discrimination?

    • Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.

  13. What steps should I take after being injured in a slip and fall accident?

    • Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.

  14. Can I represent myself in court?

    • Answer: Yes, but it’s often advisable to seek legal representation for complex matters.

  15. What is the process for obtaining a patent?

    • Answer: File a patent application with the relevant patent office.
  16. What age is a child an adult?
    • Answer: 18
  17. Where do I get divorced?
    • Answer: You start the process by issuing a Summons out of the Court.

  18. How can I dispute a traffic ticket?

    • Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.

  19. What rights do I have when stopped by the police?

    • Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.

  20. How do I start the process of creating a will?

    • Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.
Posted on by Telelaw

What are twenty (20) common legal questions and answers in South Africa?

While legal questions can vary depending on country and circumstances, here are 20 common legal questions and brief answers. Keep in mind that these responses are general and may not cover all aspects of the law. If you have specific legal concerns, it’s always advisable to consult with a qualified attorney or advocate.

  1. What should I do if I’m involved in a car accident?

    • Answer: Ensure everyone is safe, call the police, exchange information with the other party, and document the scene.

  2. How do I create a legally binding contract?

    • Answer: Include offer, acceptance, consideration, legality, capacity, and intention to create legal relations.

  3. What is the process for filing for divorce?

    • Answer: It generally involves filing a Summons, serving the other party, and going through court proceedings.

  4. How can I protect my intellectual property?

    • Answer: Register trademarks, patents, or copyrights depending on the type of intellectual property.

  5. What is the difference between a will and a living will?

    • Answer: A will outlines distribution of assets after death; a living will expresses medical treatment preferences.

  6. How can I start a small business legally?

    • Answer: Register your business, obtain necessary licenses, and comply with tax regulations.

  7. What are my rights if I’m arrested?

    • Answer: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
  8. How does insolvency work?
    • Answer: It generally involves the filing of a Court Application, attending a meeting of creditors, and the discharge of debts.

  9. Can I be fired without cause?

    • Answer: No

  10. What is the process for adopting a child?

    • Answer: It involves an application to the Children’s Court, where an adoption social worker gets involved. The process is outlined in the Children’s Act.

  11. What rights do tenants have?

    • Answer: Rights include the right to a habitable dwelling, privacy, and protection from unlawful eviction.

  12. How do I deal with workplace discrimination?

    • Answer: Document incidents, report to HR, and consult an employment lawyer if necessary.

  13. What steps should I take after being injured in a slip and fall accident?

    • Answer: Seek medical attention, document the scene, and consult with an attorney or advocate.

  14. Can I represent myself in court?

    • Answer: Yes, but it’s often advisable to seek legal representation for complex matters.

  15. What is the process for obtaining a patent?

    • Answer: File a patent application with the relevant patent office.
  16. What age is a child an adult?
    • Answer: 18
  17. Where do I get divorced?
    • Answer: You start the process by issuing a Summons out of the Court.

  18. How can I dispute a traffic ticket?

    • Answer: Follow the procedures outlined on the ticket, gather evidence, and consider consulting with an attorney or advocate.

  19. What rights do I have when stopped by the police?

    • Answer: You have the right to remain silent, the right to refuse searches, and the right to an attorney.

  20. How do I start the process of creating a will?

    • Answer: Consult with an attorney, list your assets, and specify your wishes for distribution. You can also do it on your own if you know what you are doing.

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Find the best Attorney, lawyer, or Trust Account Advocate in Cape Town

Everyone wants the best legal advice and services available. However not many of us know how to find a good or a reliable Attorney or Advocate when facing a legal problem. This article deals with the best way to find a Lawyer, Attorney or Advocate to assist you in resolving your legal problems.

Types of Lawyers – Attorneys and Advocates

You get many types of Lawyers. Some are good at some things and others are good at others. However, depending on your legal problem, a general Lawyer, Attorney or Advocate may not be the best person to speak to when handling your matter. Sometimes you will require an expert in the field. This would especially be so when dealing with specialist legal problems and where the stakes are high. These problems would include those of family law, business law, and criminal law. The fields mentioned, our specialist fields where you require a Lawyer or an Attorney with have special knowledge and skills in that field. Read on for some tips on how to find the best Attorney, or Lawyer for your legal problems.

How to find the best attorney or lawyer for your Legal problems?

For most, the starting point in your search to find a good Lawyer would be to do a simple search on the Internet for a good Lawyer, Advocate or Attorney in your area. You obviously do not want to find someone in another province. You may want to Google terms like “Attorney for child maintenance cape town” or “criminal law expert Durban”. Once you found somebody or a firm that meets your requirements, give them a call to see if they can assist you or advise you on your legal issue. You would most probably first speak to a receptionist. If you are satisfied, set up a consultation with them. Look for testimonials and other information of the law firm on the web before engaging with them. If you require legal advice, then most Lawyers should be able to provide you with it. However, if it relates to a Court case, then you may have to arrange a meeting with one or two more first to ensure that you are happy. You initially thought the web and telephone would limit your search and time spend sourcing that right Lawyer for the job.

Fees / Costs of the Lawyer

The costs of legal services are just as important as the costs of a medical procedure. We all want the best, but that is not something that can always be afforded. But at the same time, you do get very good Lawyers who are not expensive and are reasonable in their fees. As it would be impossible for any legal practitioner worth her salt to provide you with the exact figure for a legal case; an estimate is always possible and welcomed. Lawyers usually charge on a time basis. Therefore, if they work on your file for an hour, they will charge you for an hour. It is therefore important to find out what the lawyer’s rate is and how he or she charges. A fee agreement is usually entered into regulating the fees. The usual practice is for Attorneys to request a deposit beforehand. This deposit would be paid into the attorney’s trust account.

Final words of sourcing a lawyer

No two clients are alike. The same applies to lawyers. It is important that you make use of the services of a Lawyer you can get along with, and also that fits your pocket or budget. The last thing you want is for you or your Lawyer to terminate the mandate due to issues between the two of you. This would not benefit your case at all and could costs you or your case dearly. As stated, make use of the internet to source your Lawyer. Many Lawyers list their services and expertise on their firm’s website. Some websites even provide testimonials of satisfied clients. However, it is advised that you contact the law firm telephonically to find out more about the specific service you require and whether they can be of service to you. You would then want to meet with them to discuss your case and see if there are the right firm for the job and fit your budget. We are conveniently situated at The Pinnacle, corner of Strand and Burg Street in the CBD, Cape Town, South Africa. Make use of our online appointment system which is efficient and stress free. Call our offices for an online appointment today.

Posted on by Telelaw

I am dissatisfied with the decision of the High Court of South Africa. How do I appeal to the Supreme Court of Appeal? And what are their contact details?

Many legal disputes are adjudicated in the High Courts of South Africa. Each province in South Africa has at least one High Court. If you are not happy with the decision of the High Court, you can appeal to the Supreme Court of Appeal. In South Africa, the Supreme Court of Appeal (SCA) is the second-highest court in the judicial hierarchy, and it primarily hears appeals from the High Court. The SCA generally does not hear cases directly but serves as a court of appeal for matters that have already been heard in the lower courts. Here are common circumstances under which you can appeal to the Supreme Court of Appeal:

Appeals from High Court Decisions:

The SCA hears appeals from decisions of the various divisions of the High Court. If you are dissatisfied with a judgment or order of the High Court, you can appeal to the Supreme Court of Appeal.

Civil Appeals:

Civil matters, including disputes related to contracts, property, family law, and other civil issues, can be appealed to the SCA.

Criminal Appeals:

Appeals in criminal cases, including appeals against convictions, sentences, or both, can be brought before the Supreme Court of Appeal.

Constitutional Matters:

While the Constitutional Court is the highest court for constitutional matters, the SCA may still deal with constitutional issues arising in the context of appeals from the High Court.

Administrative Law Appeals:

Appeals involving administrative law matters, such as decisions made by government bodies, may be heard by the SCA.

Interpretation of Legislation:

Matters involving the interpretation and application of statutes or other legislation can be subject to appeal to the SCA.

Land and Property Disputes:

Appeals related to land and property disputes, including matters involving land ownership, expropriation, and related issues.

Family Law Appeals:

Appeals from family law matters, including divorces, custody disputes, and maintenance orders, can be heard by the SCA. It’s important to note that, in most cases, before appealing to the Supreme Court of Appeal, you would typically need to have received a judgment or order from a lower court (usually the High Court). The appeal process usually involves filing a notice of appeal, obtaining the record of proceedings from the lower court, and presenting arguments to the SCA.

Do you wish to appeal to the Supreme Court of Appeal?

If you are unhappy with a Court decision and require legal assistance regarding a possible appeal to the Supreme Court of Appeal, feel free to contact us for assistance. The contact details of the Supreme Court of Appeal are as follows as found on https://www.concourt.org.za/index.php/contact-us/superior-courts-contacts: Tel: +27 51 412 7400 Fax: +27 51 412 7449 PO Box 258, Bloemfontein, Free State, 9300 Cnr President Brand & Elizabeth Streets, Bloemfontein, 9300 GPS: E 26.21675; S -29.11563 Registrar: Ms Elizabeth Vermeulen E-mail: [email protected] Tel: +27 51 492 4674 Website:www.justice.gov.za/

Posted on by Telelaw

Finding the right lawyer (Attorney or Advocate) to fight for you in your contractual dispute in Nelspruit. Read further below about a “Bulldog Lawyer”)

Contract law is the bedrock of business and day-to-day transactions, providing a framework for parties to define their rights, obligations, and expectations. However, disputes can arise when one or more parties feel that the terms of the contract have been violated. This can apply to an employment contract, lease agreement, marriage contract, or one where you lent someone money. Even buying groceries at your local grocery is a contractual transaction. You pay, and he provides you with the goods. The list is endless.

All is good until someone violates the terms of the contract. This is where you may want to use an attorney or advocate in Nelspruit. Read further below about what is referred to as a “bulldog lawyer”. If the other side is playing hardball or has a bulldog lawyer, then having a tough lawyer who takes no-nonsense is something that you must consider. Please note that the law on contractual disputes would be the same whether you live in Nelspruit or any other city in South Africa.

Let us get into the theory. Navigating the complexities of contract law disputes requires a clear understanding of the legal principles and practical strategies for resolution.

Critical Elements of Contract Law are as follows:

Formation of Contract:

Before delving into disputes, it’s essential to understand how contracts are formed. A valid contract typically requires an offer, acceptance, consideration, legal capacity, and legality of purpose. Disputes may arise if any of these elements are in question. If you are entering into a high value contact, it may be best to consult with an advocate or attorney beforehand.

Types of Contracts:

Contracts can take various forms, such as express, implied, unilateral, and bilateral. Understanding the nature of the contract is crucial in determining the rights and obligations of the parties involved.

Common Contract Disputes:

Breach of Contract:

The most prevalent type of contract dispute arises from a breach. This occurs when one party fails to fulfil its obligations outlined in the contract. It could involve non-payment, incomplete performance, or failure to deliver goods or services.

Misrepresentation:

If one party makes false statements that induce another to enter a contract, it may lead to a dispute. Misrepresentation can be innocent, negligent, or fraudulent, each carrying different legal consequences.

Duress and Undue Influence:

Contracts entered under duress or undue influence may be deemed voidable. If one party was coerced or pressured into an agreement, it could lead to a dispute over the contract’s validity.

What follows are resolution strategies when it comes to contract disputes.

Negotiation:

Often, disputes can be resolved through negotiation. Parties can discuss the issues, explore compromises, and reach a mutually acceptable resolution without legal action. You should use a tough lawyer to represent you if the other side is unreasonable.

Mediation:

Mediation involves a neutral third-party facilitating discussions between the parties to help them resolve. It is a voluntary and confidential process that can be less adversarial than litigation.

Arbitration:

Arbitration is a more formal process where an arbitrator or a panel makes a binding decision after hearing both sides. It provides a faster and more private resolution compared to traditional court proceedings.

Litigation:

If all else fails, parties may resort to litigation. This involves taking the dispute to court, presenting evidence, and having a judge decide. Litigation can be time-consuming and costly, but it provides a definitive resolution.

Conclusion:

Contract law disputes are an inherent risk in business transactions, but understanding the principles and available resolution strategies can mitigate potential damage. Whether through negotiation, mediation, arbitration, or litigation, the goal is to find a fair and just resolution that upholds the integrity of the contractual relationship. As businesses continue to engage in complex transactions, a comprehensive understanding of contract law and dispute resolution mechanisms is essential for navigating the legal landscape successfully. When meeting with an advocate or attorney to assist you in your contractual dispute, discuss the above issues or factors with him or her to find out if they know what they are talking about.

What is a bulldog lawyer?

A “bulldog lawyer” is a colloquial term used to describe a lawyer (attorney or advocate) known for their aggressive and tenacious approach to legal representation. The term draws an analogy between the lawyer’s characteristics and those of a bulldog, known for its solid and determined demeanour. Bulldog lawyers are often associated with being assertive, persistent, and unwavering in pursuing their client’s interests.

Key characteristics of a bulldog lawyer may include:

Aggressiveness: Bulldog lawyers are known for their assertive and forceful advocacy on behalf of their clients. They are unafraid to challenge opponents and vigorously pursue their client’s objectives.

Tenacity:

Bulldog lawyers are persistent and determined in their legal pursuits. They may be willing to go to great lengths to achieve their client’s goals and are known for not easily giving up in the face of challenges.

Fearlessness:

Bulldog lawyers are often unafraid to take on tough cases or confront powerful adversaries. They may be known for their willingness to face complex legal battles head-on.

Advocacy Skills: Bulldog lawyers possess strong advocacy skills, including effective communication, negotiation, and litigation abilities. They can passionately argue their client’s case in court or during negotiations.

Strategic Thinking:

While aggressive, bulldog lawyers are also strategic in their approach. They carefully plan their legal strategies and tactics to achieve the best possible outcome for their clients.

It’s important to note that “bulldog lawyer” can have positive and negative connotations. On the positive side, it highlights an attorney’s dedication and commitment to their clients. On the negative side, it may suggest an overly aggressive or abrasive style that may not be suitable for all legal matters or personalities.

 

 

Posted on by Telelaw