SJD1501
Assignment 3
(ANSWERS)
Semester 2
ADMIN
[COMPANY NAME]
, 1. What are the differences between criminal and civil cases in the Republic of
South Africa? (5 marks) 2. For each of the following five cases, please state 1)
whether the case is criminal or civil in nature, and 2) which South African court
has jurisdiction in the case:
1. Differences between Criminal and Civil Cases in South Africa:
a. Nature of Dispute:
Criminal Cases: Criminal cases involve the prosecution of
individuals or entities for violating the criminal law of South
Africa. These cases are brought by the state (the government)
against the accused, who is alleged to have committed a
crime.
Civil Cases: Civil cases pertain to disputes between individuals,
entities, or organizations, where one party (the plaintiff) seeks
compensation, resolution, or enforcement of a right against
another party (the defendant). These cases are initiated by
private individuals or organizations.
b. Purpose and Outcome:
Criminal Cases: The purpose of criminal cases is to punish
individuals for their alleged criminal behavior. If found guilty,
the accused may face penalties such as fines, imprisonment, or
other punitive measures.
Civil Cases: Civil cases aim to resolve disputes, enforce rights,
or seek compensation for damages or losses suffered by one
party due to the actions or negligence of another party. The
outcome typically involves a judgment for or against the
defendant, which may result in monetary damages or specific
performance.
c. Burden of Proof:
Criminal Cases: In criminal cases, the burden of proof lies with
the prosecution, and they must prove the accused's guilt
beyond a reasonable doubt.
Civil Cases: In civil cases, the burden of proof is generally lower
than in criminal cases. The plaintiff must establish their case
on a balance of probabilities, meaning it is more likely than not
that the defendant is liable.
d. Parties Involved:
Criminal Cases: The parties involved are the state
(prosecution) and the accused (defendant).
Assignment 3
(ANSWERS)
Semester 2
ADMIN
[COMPANY NAME]
, 1. What are the differences between criminal and civil cases in the Republic of
South Africa? (5 marks) 2. For each of the following five cases, please state 1)
whether the case is criminal or civil in nature, and 2) which South African court
has jurisdiction in the case:
1. Differences between Criminal and Civil Cases in South Africa:
a. Nature of Dispute:
Criminal Cases: Criminal cases involve the prosecution of
individuals or entities for violating the criminal law of South
Africa. These cases are brought by the state (the government)
against the accused, who is alleged to have committed a
crime.
Civil Cases: Civil cases pertain to disputes between individuals,
entities, or organizations, where one party (the plaintiff) seeks
compensation, resolution, or enforcement of a right against
another party (the defendant). These cases are initiated by
private individuals or organizations.
b. Purpose and Outcome:
Criminal Cases: The purpose of criminal cases is to punish
individuals for their alleged criminal behavior. If found guilty,
the accused may face penalties such as fines, imprisonment, or
other punitive measures.
Civil Cases: Civil cases aim to resolve disputes, enforce rights,
or seek compensation for damages or losses suffered by one
party due to the actions or negligence of another party. The
outcome typically involves a judgment for or against the
defendant, which may result in monetary damages or specific
performance.
c. Burden of Proof:
Criminal Cases: In criminal cases, the burden of proof lies with
the prosecution, and they must prove the accused's guilt
beyond a reasonable doubt.
Civil Cases: In civil cases, the burden of proof is generally lower
than in criminal cases. The plaintiff must establish their case
on a balance of probabilities, meaning it is more likely than not
that the defendant is liable.
d. Parties Involved:
Criminal Cases: The parties involved are the state
(prosecution) and the accused (defendant).
