Branches of Government

What are the different branches of government?

Legislative, executive and judicial. Legislative is parliament who makes laws. Executive includes the president, ministers and administration. They implement and enforce laws. Judicial refers to the courts and they apply the laws.

What is the difference between state and accused?

The state is the government bringing the criminal case and the accused is the person charged with committing the crime. The state is represented by prosecutors, National Prosecuting Authority and sometimes the police. They present evidence, prove guilt and prove the case beyond a reasonable doubt.

What is jurisdiction?

It is the legal authority of a court to apply and enforce the law. Usually limited by geographical area and subject matter.

What is cause of action?

A set of facts that give a person or entity the right to sue another party for a remedy.

What is the difference between action and application?

Action is used when there is a dispute about facts. It includes witnesses giving oral evidence. It is longer and formal. Application is used when facts are mostly common cause and is usually decided using written affidavits. It is faster and simpler. In application facts are mostly not disputed and the issue is mainly legal.

What is the difference between appeal and review?

Appeal challenges whether the decision was correct. It focuses on the merits of the case (looking at the law and rights applied). In appeal, the higher court can change the outcome because the judge was wrong. A review challenges whether the procedure was fair/lawful. It focuses on the way the decision was made. Higher courts can set aside the decision because of irregularities.

What is the difference between an attorney and an advocate?

An attorney is your first point of contact, providing direct legal advice and managing day-to-day legal affairs. An advocate is a specialized litigation expert who presents arguments in higher courts and complex trials.

What is the difference between civil and criminal?

Civil law deals with disputes between private parties. Usually about rights and compensation. One person sues another. The purpose is to compensate or enforce rights. It is based on a balance of probabilities. Criminal law deals with crimes against the state. It is usually about punishment. The State prosecutes the accused. The purpose is to punish and protect society. It is based on a proof of beyond reasonable doubt.