Law_of_Civil_Procedure

Law of Civil Procedure

• Definition: The law of civil procedure governs the enforcement of laws and regulations in legal disputes.

• System Used: Adversarial system in South Africa.

  • In this system, the court does not intervene in the parties' disputes or instruct them how to present their cases as long as they follow court rules.

Relationship to Substantive Law

• Role of Civil Procedure: Civil procedure complements and gives life to substantive law, which encompasses the rights and duties of individuals.

Comparison of Criminal and Civil Law

Criminal Law

• Nature: Public in nature; involves the state against an individual (the accused).

• Process: Once a crime is reported, law enforcement must take action to investigate, punish, or convict the accused.

• Outcome: Guilt must be established beyond a reasonable doubt.

• Potential Punishments: Fines, imprisonment, or both.

Civil Law

• Nature: Private disputes between individuals (a plaintiff versus a defendant).

• Process: Civil courts provide the forum for resolving disputes, but the responsibility lies with the parties to present their cases.

• Outcome: Liability is established on a balance of probabilities.

• Potential Outcomes: Damages (usually monetary) or specific performance (fulfilling a duty or obligation).