SCL1501
EXAM PACK
,SKILLS COURSE FOR LAW STUDENTS - SCL1501
ASSIGNMENT 01 ANSWERS 2026
Question 1
1(a) Briefly discuss the differences between Civil Law and Criminal Law. (10)
Answer
Civil law regulates disputes and relationships between private individuals or other legal
subjects. Its main purpose is to protect and enforce the rights of people in their dealings
with one another. When one person's rights have been unlawfully infringed by another,
the affected person may institute civil proceedings and seek an appropriate remedy. For
example, where a person suffers loss because another person committed a delict, the
injured party may approach a civil court for relief.
Criminal law, in contrast, deals with conduct that is regarded as an offence against
society and the state. A person who commits a criminal offence may be prosecuted by
the state. The purpose of criminal proceedings is to establish whether the accused
committed the offence and, where guilt is established, to impose an appropriate
punishment. Possible criminal sanctions include imprisonment, a fine, correctional
supervision and community service. SCL1501 Tutorial Letter - Feedb…
1(b) Based on your answer to question 1(a), indicate which area of law is
applicable to a legal dispute involving damage caused to X's property by foraging
(or straying) livestock belonging to Y. Provide reasons. (3)
Answer
This matter falls within civil law because X is seeking a remedy for damage caused to
their property by Y's livestock. The dispute concerns the possible infringement of X's
rights and may therefore give rise to a delictual claim against Y as the owner of the
animals. SCL1501 Tutorial Letter - Feedb…
,1(c) Who are the parties to a criminal case? In your answer, indicate how these
parties differ from those in a civil case. (2)
Answer
The main parties in a criminal case are the State, represented by the prosecution, and
the accused person.
This differs from a civil case, where the parties are generally referred to as the plaintiff
and the defendant. In a civil matter, the plaintiff brings a claim against the defendant,
whereas in a criminal matter the State prosecutes the accused for an alleged criminal
offence. SCL1501 Tutorial Letter - Feedb…
Question 2
Mr Xulu wishes to recover R10 000 owed to him by Ms Smith through the Small Claims
Court.
2.1 Can Mr Xulu appoint an attorney to represent him in the Small Claims Court?
In your answer, discuss how matters are settled in this Court. (5)
Answer
No. Mr Xulu may not appoint an attorney or advocate to represent him in the Small
Claims Court. Parties are required to present their own cases.
Small Claims Court matters are dealt with by commissioners, who generally have legal
experience. The commissioner considers the dispute and seeks to resolve it using a fair
and practical problem-solving approach. The Small Claims Court deals with claims up to
the prescribed monetary limit, which the tutorial letter identifies as R20 000. Since Mr
Xulu's claim is R10 000, it falls within that limit.
, Therefore, Mr Xulu can institute the claim in the Small Claims Court, but he must
represent himself rather than being represented by an attorney. SCL1501 Tutorial Letter
- Feedb…
2.2 Is there a difference between an advocate and an attorney? Discuss. (10)
Answer
Yes. Although both attorneys and advocates are legal practitioners, their traditional
functions and areas of practice differ.
An attorney generally deals directly with members of the public and provides legal
services to clients. Attorneys may advise clients on legal matters, prepare and review
legal documents and handle various legal proceedings. The tutorial letter explains that
admission and practice as an attorney are regulated by the Legal Practice Act 28 of
2014. The relevant training requirements include obtaining an LLB degree, completing
the prescribed admission requirements and undertaking the required practical training.
Attorneys commonly practise in the lower courts and have direct relationships with their
clients. SCL1501 Tutorial Letter - Feedb…
An advocate has traditionally operated primarily on the basis of a brief or referral from
an attorney. Advocates generally specialise in litigation and presenting legal arguments
before courts and other presiding authorities. The requirements for becoming an
advocate are also regulated by the Legal Practice Act and include an LLB degree and
the prescribed practical training, including pupillage where applicable. SCL1501 Tutorial
Letter - Feedb…
The key differences can therefore be summarised as follows:
Attorney Advocate
Traditionally receives instructions through
Usually deals directly with clients.
an attorney.
EXAM PACK
,SKILLS COURSE FOR LAW STUDENTS - SCL1501
ASSIGNMENT 01 ANSWERS 2026
Question 1
1(a) Briefly discuss the differences between Civil Law and Criminal Law. (10)
Answer
Civil law regulates disputes and relationships between private individuals or other legal
subjects. Its main purpose is to protect and enforce the rights of people in their dealings
with one another. When one person's rights have been unlawfully infringed by another,
the affected person may institute civil proceedings and seek an appropriate remedy. For
example, where a person suffers loss because another person committed a delict, the
injured party may approach a civil court for relief.
Criminal law, in contrast, deals with conduct that is regarded as an offence against
society and the state. A person who commits a criminal offence may be prosecuted by
the state. The purpose of criminal proceedings is to establish whether the accused
committed the offence and, where guilt is established, to impose an appropriate
punishment. Possible criminal sanctions include imprisonment, a fine, correctional
supervision and community service. SCL1501 Tutorial Letter - Feedb…
1(b) Based on your answer to question 1(a), indicate which area of law is
applicable to a legal dispute involving damage caused to X's property by foraging
(or straying) livestock belonging to Y. Provide reasons. (3)
Answer
This matter falls within civil law because X is seeking a remedy for damage caused to
their property by Y's livestock. The dispute concerns the possible infringement of X's
rights and may therefore give rise to a delictual claim against Y as the owner of the
animals. SCL1501 Tutorial Letter - Feedb…
,1(c) Who are the parties to a criminal case? In your answer, indicate how these
parties differ from those in a civil case. (2)
Answer
The main parties in a criminal case are the State, represented by the prosecution, and
the accused person.
This differs from a civil case, where the parties are generally referred to as the plaintiff
and the defendant. In a civil matter, the plaintiff brings a claim against the defendant,
whereas in a criminal matter the State prosecutes the accused for an alleged criminal
offence. SCL1501 Tutorial Letter - Feedb…
Question 2
Mr Xulu wishes to recover R10 000 owed to him by Ms Smith through the Small Claims
Court.
2.1 Can Mr Xulu appoint an attorney to represent him in the Small Claims Court?
In your answer, discuss how matters are settled in this Court. (5)
Answer
No. Mr Xulu may not appoint an attorney or advocate to represent him in the Small
Claims Court. Parties are required to present their own cases.
Small Claims Court matters are dealt with by commissioners, who generally have legal
experience. The commissioner considers the dispute and seeks to resolve it using a fair
and practical problem-solving approach. The Small Claims Court deals with claims up to
the prescribed monetary limit, which the tutorial letter identifies as R20 000. Since Mr
Xulu's claim is R10 000, it falls within that limit.
, Therefore, Mr Xulu can institute the claim in the Small Claims Court, but he must
represent himself rather than being represented by an attorney. SCL1501 Tutorial Letter
- Feedb…
2.2 Is there a difference between an advocate and an attorney? Discuss. (10)
Answer
Yes. Although both attorneys and advocates are legal practitioners, their traditional
functions and areas of practice differ.
An attorney generally deals directly with members of the public and provides legal
services to clients. Attorneys may advise clients on legal matters, prepare and review
legal documents and handle various legal proceedings. The tutorial letter explains that
admission and practice as an attorney are regulated by the Legal Practice Act 28 of
2014. The relevant training requirements include obtaining an LLB degree, completing
the prescribed admission requirements and undertaking the required practical training.
Attorneys commonly practise in the lower courts and have direct relationships with their
clients. SCL1501 Tutorial Letter - Feedb…
An advocate has traditionally operated primarily on the basis of a brief or referral from
an attorney. Advocates generally specialise in litigation and presenting legal arguments
before courts and other presiding authorities. The requirements for becoming an
advocate are also regulated by the Legal Practice Act and include an LLB degree and
the prescribed practical training, including pupillage where applicable. SCL1501 Tutorial
Letter - Feedb…
The key differences can therefore be summarised as follows:
Attorney Advocate
Traditionally receives instructions through
Usually deals directly with clients.
an attorney.
