DEPARTMENT OF LAW
COURSE OUTLINE
Module Title
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FAMILY LAW
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Module Code
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LPFL 102
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Programme in which the module is offered
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LLB DEGREE
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Year of offering
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FIRST YEAR
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SAQA Credits
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12 CREDITS
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NQF level
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LEVEL 5
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Name of Lecturer / Lecturers
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MRS L RAMACCIO CALVINO
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Date: ………………………….
Dear Student
Welcome to the module LPFL 102. This module is only offered in the second semester of the academic year and is a mandatory module for all first year LLB students. LPFL 102 has no prerequisites and is a stand-alone module.
Family law, as the name suggest, focuses mainly on the rules relating to and regarding the family structure. Family law is part of private law which determines the legal requirements for the conclusion of an engagement as well as the consequences that different marriage regimes may have on a person’s estate, the interest of children during divorce proceedings, parental authority, civil unions and customary marriages.
Family law has been the subject of great legislative attention, with recent legislation resulting in evolutionary changes in the discipline of Family law. The profound influences are inter alia the Constitution of the Republic of South Africa 108 of 1996, the Children’s Act (Act 38 of 2005); the Child Justice Act (Act75 of 2008) and the Criminal Law (Sexual offences and related matters) Amendment Act (Act 32 of 2007) not to mention recent ground-breaking cases.
It is imperative that students understand the fundamentals of family law to successfully execute their responsibilities as a legal practitioner. Family law is relevant and every day, as from your relations with your parent/s (parent-child relationship) to the family unit which is created by people who enter into a marriage-like relationship.
The module content is of such a nature that it introduces law students to the basic concepts and principles of law. It is also imperative that students understand the fundamentals of family law to successfully execute their responsibilities as a legal practitioner and as such the module includes a skills component that would require a student to apply the theoretical knowledge acquired in this module to problem solving through legal thinking and analysis.
In order to successfully complete this course, it is therefore 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. Students that actively participate in-class problem solving shall be considered for the annual moot court competition held in Bloemfontein.
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
Family Law forms part of private law and is concerned with the legal requirements for the conclusion of an engagement as well as the consequences that different marriage regimes may have on a person’s estate, the interest of children during divorce proceedings, parental authority, civil unions and customary marriages.
Therefore the purpose of the module is:
· To provide students with an insight into the content, development and scope of Family Law;
· To familiarise students with the concept of engagement, marital regimes, different forms of marriages, parental authority and the interest of the minor child;
· To examine the influence and impact that the Constitution of the Republic of South Africa, 1996 has had on Family Law;
· To introduce students to sources of Family Law and to assist students in extracting principles from these sources;
· To assist students with the legal concepts and terminology commonly encountered in Family Law.
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;
· identify and solve problems;
· 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 underlining Family Law, such as the requirements of an engagement and marriage and the implications of various factors affecting the validity of a marriage;
· Understand and appreciate the influence of Constitutional principles on Family Law, and how the courts have harmonised these changes with common law principles;
· Explain the utility of Family Law;
· Evaluate the statutes applicable to Family Law;
· Apply the knowledge gained during the course to solve practical problems.
5. TOPICS WITH SCHEDULING
Module
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Scheduled
date
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Text:
Chapter 1,2
Chapter 3
Chapter 4, 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9-11
Chapters 12,13,21
Chapter 14,15
Chapters 16-20
Chapters 22 , 23
Chapters 24,25
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10.
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Examination
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Modules 1-13
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As per the Examination Schedule
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6. NOTIONAL HOURS
‘Notional learning hours’ are the estimated learning time taken by the ‘average’ student to achieve the specified learning outcomes of the module. Notional learning time includes teaching contact time (lectures, seminars, tutorials, laboratory practicals, workshops, fieldwork etc.), time spent on preparing and carrying out formative and summative assessments (written coursework, oral presentations, exams etc.) and time spent on private study, whether in term-time or the vacations.
It is expected that a student will, on average, spend 120 hours to achieve the specified learning outcomes in respect of LPFL 102.
Total teaching weeks in semester = 12 (12 teaching weeks x 10 hours)
Teaching Contact time
- Three lectures plus 5 hours associated working time a week 96 hours
- Guest lecture / Seminar (1 hour) 1 hour
Time carrying out assessments
- Preparing for Formative Assessments (1hour x2) 2 hours
- Preparing for Summative Assessments (3 hours x 1) 3 hours
Self-Study
- Preparation for lecturers (30 min per lecture) 18 hours
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.
Students 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
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Select the correct answers
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Short Answer Questions
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Short, usually descriptive, qualitative, answers of between one word to over a page. Might include diagrams with explanation
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Essays
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Written work in which students state an argument supported by evidence
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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.
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
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Assessment Criteria
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Assessment Tasks
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Students are expected to
develop:
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Students must provide
evidence of competency in
the following ways:
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Students may be expected
to:
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1. Show an in-depth
understanding of the basic
principles of Family Law.
|
Identify, explain and
critically analyse the
basic principles of
Family Law.
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
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2. Understand and
appreciate the influence of
the Constitution on Family Law.
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Identify the key
constitutional provisions
that affect Family Law.
Explain the implications and effects of these provisions.
Analyse current constitutional reforms on Family Law.
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Class discussion and questioning.
Problem and theory questions in class work and examination.
|
3. Explain the utility of Family Law.
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Identify the role of Family Law, and explain its importance in everyday life.
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Class discussion and questioning.
Problem and theory questions in class work and examination.
|
4. Evaluate statutes that regulate Family Law.
|
Identify and find relevant
texts, judicial decisions,
journal writings and other
resources relevant to Family Law.
Explain these laws and analyse their adequacy.
Identify shortfalls and make suggestions for law reform.
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
|
5. Apply the knowledge gained during the module to solve practical problems arising.
|
Synthesise and integrate the knowledge gained in order to propose practical solutions to problems associated with Family Law, and advise accordingly.
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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:-
· J Heaton & Kruger H South African Family Law (2010), 4thedition, LexisNexis Butterworths: Durban is the prescribed text book for this module.
· J Heaton & Kruger H Casebook on the South African Family Law (2010), 3rd edition, LexisNexis Butterworths: Durban.
12. MATERIALS NEEDED FOR THE MODULE
Except for the obvious stationery, this module does not require any additional materials.
Annexure “A”
FACULTY OF --------------------------------------------------------------
DEPARTMENT OF--------------------------------------------------------
ASSIGNMENT COVER SHEET
Student Name
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Student Number
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Module Title
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Module Code
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Assignment Topic
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Due Date
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Name of Lecturer
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Lecturer’s Remarks
|
