Summary Chapter 1

CHAPTER 1 – INTRODUCTION
Introduction
WHAT IS THE LAW OF CIVIL PROCEDURE AND WHERE
DOES IT FIT IN?:

Law can be divided into:
∙ Substantive law
∙ Procedural law

Substantive law:
∙ Describes what a person’s rights, duties and
remedies are
∙  determines the content and scope of a
person’s rights, duties and remedies

Procedural law:
∙ Indicates how a person’s rights, duties and
remedies may be enforced
∙  provides the procedure for the enforcement of
these rights, duties and remedies

Law of civil procedure = PROCEDURAL LAW

CIVIL LAW & PROCEDURE vs CRIMINAL LAW &
PROCEDURE:

Civil Procedure:
∙ Is that part of procedural law that
∙ Enables parties to enforce rights and to claim
remedies OR to defend actions brought against
them

Criminal Law and Criminal Procedure:

, ∙ Enables the State to act on behalf of the general
public and take action against a person who
infringes a rule of criminal law
∙ Object of criminal law = protect the public
against threats to safety and security
∙ Object of criminal proceedings = punish
wrongdoers

DIFFERENCE BETWEEN A CIVIL MATTER AND A CRIMINAL
MATTER

CIVIL MATTER CRIMINAL
MATTER
Parties differ: Plaintiff &
Defendant OR State & Accused
Applicant&Respo
ndent
Citation of
parties differ in AvB State v X
the name of the
case:
Role of the State: State not always State ALWAYS a
a party party
Dominis Litis: Plaintiff or State
Applicant
‘He who alleges
Onus of proof: must prove’ – State
plaintiff or
applicant
Standard/ Proven on a Proven beyond
quantum of balance of reasonable doubt
proof: probabilities
Interests One person General public
affected:
To protect
Aims: To enforce rights, society from
duties and threats against
remedies safety and
security and
punish