Summary CIV 3701 Civil procedure notes

Civil Proc Notes General introduction: What is the Law of Civil Procedure?  Civil procedure forms part of the formal adjectival law of South Africa, that regulates civil litigation and the enforcement of substantive rights  It is a mechanism used to enforce the rights that are derived from the substantive private law. Differences between Civil Procedure and Criminal Procedure: Basis Civil (Private) Criminal (Public) PARTIES Application: Applicant and Respondent (brings application vs. opposes) Action: Plaintiff and Defendant (institutes action vs. defends) State and Defendant VOLUNTARY/COMPULSORY Voluntary Compulsory (state decides whether to prosecute) DECISION: Respondent/Defendant liable for Applicant/Plaintiff’s claim Accused guilty of crime or offense. BURDEN OF PROOF Balance of Probabilities Beyond a Reasonable doubt RECOURSE BETWEEN PARTIES Punishment:  Damages  Specific Performance Punishment:  Fine  Imprisonment AIM OF PUNISHMENT Monetary compensation for loss suffered or to compel/prevent a party to do/from doing something. Retribution, Deterrence, Rehabilitation.........................continued