SCL1501
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a) Briefly discuss the differences between Civil law and Criminal Law.
Civil Law
Civil law regulates legal relationships between private individuals or legal subjects
within society. Its primary function is to protect individual rights when those rights are
infringed by another person. When a person believes that another has unlawfully
interfered with their rights, such as property, reputation, or contractual interests, they
may institute a civil claim before a civil court. In civil proceedings, the person bringing
the claim is referred to as the plaintiff, while the person against whom the claim is
brought is the defendant. The court does not determine guilt but rather liability. If
liability is established on a balance of probabilities, the court may grant a remedy
aimed at restoring the injured party’s rights. Such remedies may include payment of
damages, specific performance, or an interdict. Civil law therefore focuses on
compensation and restoration rather than punishment, and it regulates disputes
between private parties rather than offences against society as a whole.1
Criminal Law
Criminal law governs conduct that disturbs public peace and order or harms society
at large. It defines certain acts as crimes and prescribes penalties for those who
commit them. When a person commits an act such as theft or murder, that conduct
is regarded as an offence against the state and society, not merely against an
individual. Criminal proceedings are instituted by the state, acting on behalf of the
community, through public prosecution. The accused person is charged and tried in
a criminal court. Unlike civil law, criminal law focuses on determining guilt beyond a
reasonable doubt. If the accused is found guilty, the court imposes a criminal
sanction, which may include imprisonment, a fine, community service, or correctional
supervision. The purpose of criminal law is therefore punishment, deterrence, and
the maintenance of social order, rather than compensation of a private individual. 2
1
D Letsoalo, Skills Course for Law Students (University of South Africa 2019). 22-23
2
Ibid.
Varsity Cube 2026 +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
(a) Briefly discuss the differences between Civil law and Criminal Law.
Civil Law
Civil law regulates legal relationships between private individuals or legal subjects
within society. Its primary function is to protect individual rights when those rights are
infringed by another person. When a person believes that another has unlawfully
interfered with their rights, such as property, reputation, or contractual interests, they
may institute a civil claim before a civil court. In civil proceedings, the person bringing
the claim is referred to as the plaintiff, while the person against whom the claim is
brought is the defendant. The court does not determine guilt but rather liability. If
liability is established on a balance of probabilities, the court may grant a remedy
aimed at restoring the injured party’s rights. Such remedies may include payment of
damages, specific performance, or an interdict. Civil law therefore focuses on
compensation and restoration rather than punishment, and it regulates disputes
between private parties rather than offences against society as a whole.1
Criminal Law
Criminal law governs conduct that disturbs public peace and order or harms society
at large. It defines certain acts as crimes and prescribes penalties for those who
commit them. When a person commits an act such as theft or murder, that conduct
is regarded as an offence against the state and society, not merely against an
individual. Criminal proceedings are instituted by the state, acting on behalf of the
community, through public prosecution. The accused person is charged and tried in
a criminal court. Unlike civil law, criminal law focuses on determining guilt beyond a
reasonable doubt. If the accused is found guilty, the court imposes a criminal
sanction, which may include imprisonment, a fine, community service, or correctional
supervision. The purpose of criminal law is therefore punishment, deterrence, and
the maintenance of social order, rather than compensation of a private individual. 2
1
D Letsoalo, Skills Course for Law Students (University of South Africa 2019). 22-23
2
Ibid.
Varsity Cube 2026 +27 81 278 3372
