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NAME: XXXXXXXXXXXXXXXX
SJD1501: SOCIAL DEMENSIONS OF JUSTICE
Student number:
Unique number: 896350
ASSIGNMENT NO 3
QUESTION 1
DISTINCTION BETWEEN CRIMINAL AND CIVIL CASES
Criminal cases: they form part of public law. In criminal disputes arise between the
state and the individual. Criminal matters are regulated and subject to the rules of
criminal procedure. They deal with instances where an individual(s) has broken the
rule prescribed by the state. When the rule is broken, we often say that ‘so and so
, has committed a crime’. The state, through the prosecutor, prosecute the accused
on behalf of the society, thereby acting in the best interest of the victim and the
society. The result of the criminal case is the punishment in a form of an
imprisonment, fine or both. The state should prove beyond the reasonable doubts
that the accused is guilty, failure to prove this will result in the accused being
acquitted. Examples of criminal disputes are murder and assault.
Civil disputes: in contrast to criminal disputes, civil issues are regulated by the rules
of civil procedure. Civil disputes involves disputes between private individuals or
legal subjects. Civil disputes are brought before the court in either action or
application procedure. The parties to civil matters are called the plaintiff and the
defendant. The aim in civil proceedings is to establish whether a defendant is liable
to the plaintiff. The plaintiff must prove their case on balance of preponderance to
succeed in its case. More often than not, if the plaintiff win the case, the defendant
will be ordered to pay them some of money. If the plaintiff fails to prove its case,
nothing is awarded to
NAME: XXXXXXXXXXXXXXXX
SJD1501: SOCIAL DEMENSIONS OF JUSTICE
Student number:
Unique number: 896350
ASSIGNMENT NO 3
QUESTION 1
DISTINCTION BETWEEN CRIMINAL AND CIVIL CASES
Criminal cases: they form part of public law. In criminal disputes arise between the
state and the individual. Criminal matters are regulated and subject to the rules of
criminal procedure. They deal with instances where an individual(s) has broken the
rule prescribed by the state. When the rule is broken, we often say that ‘so and so
, has committed a crime’. The state, through the prosecutor, prosecute the accused
on behalf of the society, thereby acting in the best interest of the victim and the
society. The result of the criminal case is the punishment in a form of an
imprisonment, fine or both. The state should prove beyond the reasonable doubts
that the accused is guilty, failure to prove this will result in the accused being
acquitted. Examples of criminal disputes are murder and assault.
Civil disputes: in contrast to criminal disputes, civil issues are regulated by the rules
of civil procedure. Civil disputes involves disputes between private individuals or
legal subjects. Civil disputes are brought before the court in either action or
application procedure. The parties to civil matters are called the plaintiff and the
defendant. The aim in civil proceedings is to establish whether a defendant is liable
to the plaintiff. The plaintiff must prove their case on balance of preponderance to
succeed in its case. More often than not, if the plaintiff win the case, the defendant
will be ordered to pay them some of money. If the plaintiff fails to prove its case,
nothing is awarded to
