SJD1501
ASSIGNMENT 3
DUE DATE: 12 SEPT 2024
, SJD1501
Assessment 3 - 568042
ASSESSMENT 3 - WRITTEN ASSIGNMENT
1. What are the differences between criminal and civil cases in the Republic of South
Africa?
Criminal cases, which are part of public law are disputes that are subject to the rules of
criminal procedure, where a person breaks commits an offence against society, i.e. a crime.
Unlike a civil case, the State is always involved in a criminal case, where it, the State
represented by the state prosecutor, prosecutes the accused person suspected of
committing a crime, on behalf of society or the victim upon which a offence was committed
against, whom is assisted by an attorney or advocate, unless he or she refuses this
assistance.
The aim of a criminal case is thus to protect society and to punish the offender and in order
to be successful, the presiding officer of the court must have no reservations or doubt about
the guilt of the accused, who would either be acquitted if found not guilty, or convicted when
found guilty. Typical examples of a crime include, murdur, assault, reckless driving,
robbery, rape, fraud etc. and before any conduct can be regarded as a crime it has to meet
the following conditions:
• There has to be conduct, which can be either an act or an omission
• The conduct has to comply with the definitional elements of a crime
• The conduct has to be unlawful
• The conduct has to be performed with a blameworthy state of mind (called culpability)
A civil case, which forms part of private law, which involve private disputes between
individuals or legal entities including companies and comes in two kinds, summons
procedures and application procedures where the parties involved are called the plaintiff
and the defendant.
Unlike criminal cases, resolving a civil case through the court is optional, and the aim of
such a case is to settle disagreements between parties by establishing whether the
defendant is liable to the plaintiff in order to find out to find out if the defendant has to pay
damages or compensation to the plaintiff. These damages are not limited to monetary loss
that the plaintiff has suffered but can include physical or psychological harm.
Typical examples of a civil case include claims for defamation of character, breach of
contract, pain and suffering, loss of wages or outstanding wages, medical costs etc. For the
plaintiff to win a case, he/she has to prove to the presiding officer that his or her case is
more probable than the case of the defendant, resulting in the awarding of money, if
successful, and no reward if unsuccessful.
ASSIGNMENT 3
DUE DATE: 12 SEPT 2024
, SJD1501
Assessment 3 - 568042
ASSESSMENT 3 - WRITTEN ASSIGNMENT
1. What are the differences between criminal and civil cases in the Republic of South
Africa?
Criminal cases, which are part of public law are disputes that are subject to the rules of
criminal procedure, where a person breaks commits an offence against society, i.e. a crime.
Unlike a civil case, the State is always involved in a criminal case, where it, the State
represented by the state prosecutor, prosecutes the accused person suspected of
committing a crime, on behalf of society or the victim upon which a offence was committed
against, whom is assisted by an attorney or advocate, unless he or she refuses this
assistance.
The aim of a criminal case is thus to protect society and to punish the offender and in order
to be successful, the presiding officer of the court must have no reservations or doubt about
the guilt of the accused, who would either be acquitted if found not guilty, or convicted when
found guilty. Typical examples of a crime include, murdur, assault, reckless driving,
robbery, rape, fraud etc. and before any conduct can be regarded as a crime it has to meet
the following conditions:
• There has to be conduct, which can be either an act or an omission
• The conduct has to comply with the definitional elements of a crime
• The conduct has to be unlawful
• The conduct has to be performed with a blameworthy state of mind (called culpability)
A civil case, which forms part of private law, which involve private disputes between
individuals or legal entities including companies and comes in two kinds, summons
procedures and application procedures where the parties involved are called the plaintiff
and the defendant.
Unlike criminal cases, resolving a civil case through the court is optional, and the aim of
such a case is to settle disagreements between parties by establishing whether the
defendant is liable to the plaintiff in order to find out to find out if the defendant has to pay
damages or compensation to the plaintiff. These damages are not limited to monetary loss
that the plaintiff has suffered but can include physical or psychological harm.
Typical examples of a civil case include claims for defamation of character, breach of
contract, pain and suffering, loss of wages or outstanding wages, medical costs etc. For the
plaintiff to win a case, he/she has to prove to the presiding officer that his or her case is
more probable than the case of the defendant, resulting in the awarding of money, if
successful, and no reward if unsuccessful.
