Law of Civil Procedure in South Africa

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Questions and Answers

In South Africa's adversarial system, what role does the court assume in civil disputes?

  • It directly involves itself in resolving the dispute between the parties.
  • It actively instructs parties on how to run their cases to ensure fairness.
  • It provides substantive law guidance and actively shapes the dispute resolution.
  • It remains uninvolved in the dispute, provided parties adhere to court rules. (correct)

Which statement accurately distinguishes between criminal and civil matters regarding their public nature?

  • Civil matters are essentially public, while criminal matters are private.
  • Neither criminal nor civil matters have a public aspect; both are private.
  • Criminal matters are generally public, whereas civil matters are essentially private. (correct)
  • Both criminal and civil matters are considered private in nature.

What standard of proof is required in civil cases to establish liability?

  • Clear and convincing evidence
  • A preponderance of the evidence (correct)
  • Proof beyond a reasonable doubt
  • Any evidence is accepted as civil cases are not as serious as criminal cases

In the context of legal action, who typically initiates a criminal case?

<p>The state, representing the public interest (A)</p> Signup and view all the answers

What is the main goal of civil proceedings in the context of remedies?

<p>To compensate for damages or enforce a service. (D)</p> Signup and view all the answers

After a criminal matter is reported, which entity typically assumes responsibility of the situation?

<p>Law enforcement agencies. (B)</p> Signup and view all the answers

In which type of legal case is the concept of 'guilt' determined?

<p>Criminal cases. (C)</p> Signup and view all the answers

Which legal term describes who is taking action against a defendant in a civil court case?

<p>The Plaintiff. (A)</p> Signup and view all the answers

In civil procedure within an adversarial system, what condition must parties meet for the court to remain uninvolved in their dispute?

<p>Adherence to court's rules (C)</p> Signup and view all the answers

What is the burden of proof required in a criminal case?

<p>Beyond a reasonable doubt. (A)</p> Signup and view all the answers

Flashcards

Law of Civil Procedure

Deals with enforcement and follows an adversarial system where the court doesn't interfere in the dispute, provided parties follow court rules.

Criminal Case Parties

In criminal cases, it's the government (state) bringing charges against someone accused of a crime.

Civil Case Parties

In civil cases, it involves a plaintiff (the one suing) against a defendant. Cases can also involve an applicant.

Public Nature of Criminal Matters

Criminal matters are generally open to the public.

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Private Nature of Civil Matters

In civil court, these affairs are considered private.

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Law Enforcement's Role in Criminal Cases

In criminal matters, law enforcement investigates and takes action.

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Initiating Civil Cases

With civil affairs, it is up to the parties themselves to start the process of going to civil court.

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Outcome of Criminal Cases

Criminal court decides if the accused is guilty.

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Outcome of Civil Cases

Civil court decides if the defendant/respondent is liable.

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Standard of Proof: Criminal Cases

In criminal court, there must be proof that the defendant is guilty beyond reasonable doubt.

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Standard of Proof: Civil Cases

In civil court, liability is proven on a balance of probabilities.

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Punishment in Criminal Cases

In criminal court, consequences include punishments such as fines, imprisonment, or both.

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Remedy in Civil Cases

In civil court, consequences typically involve money (damages) or performing a specific service.

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Study Notes

  • Law of civil procedure is part of the law that deals with enforcement.
  • South Africa uses an adversarial system of procedure.
  • The court does not involve itself in disputes or instruct parties on how to run cases, as long as they obey the court's rules.
  • Civil procedure gives life to substantive law.

Criminal vs. Civil

  • Criminal cases involve the state versus an accused, whereas civil cases involve a plaintiff versus a defendant.
  • Criminal matters are essentially public, while civil matters are essentially private.
  • In criminal cases, law enforcement takes initiative; in civil cases, the state provides a system of civil courts, but it is up to the plaintiff to take action.
  • Criminal cases determine if the accused is guilty, civil cases determine if the defendant/respondent is liable.
  • Guilt must be proved beyond a reasonable doubt in criminal cases. Liability is proved on a balance of probabilities in civil cases.
  • Punishment in criminal cases includes fines, imprisonment, or both; civil cases usually result in damages (money) or performing a service.

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