Summary Civil Procedure Notes

Civil Procedure Notes Civil Proc Notes General introduction: What is the Law of Civil Procedure?  Civil procedure forms part of the formal adjectival law of South Africa, that regulates civil litigation and the enforcement of substantive rights  It is a mechanism used to enforce the rights that are derived from the substantive private law. Differences between Civil Procedure and Criminal Procedure: Basis Civil (Private) Criminal (Public) PARTIES Application: Applicant and Respondent (brings application vs. opposes) Action: Plaintiff and Defendant (institutes action vs. defends) State and Defendant VOLUNTARY/COMPULSORY Voluntary Compulsory (state decides whether to prosecute) DECISION: Respondent/Defendant liable for Applicant/Plaintiff’s claim Accused guilty of crime or offense. BURDEN OF PROOF Balance of Probabilities Beyond a Reasonable doubt RECOURSE BETWEEN PARTIES Punishment:  Damages  Specific Performance Punishment:  Fine  Imprisonment AIM OF PUNISHMENT Monetary compensation for loss suffered or to compel/prevent a party to do/from doing something. Retribution, Deterrence, Rehabilitation  Civil procedure is broader than criminal procedure due to the burden of proof in civil cases being much easier to prove, and because criminal cases function mainly between the State and the accused, it is limited to the criminal environment, whereas civil procedure is not just between individuals but also groups of people, applications brought in the public interest etc.  Material (substantive law): private law and criminal law  Formal Law: Civil procedure, criminal procedure and law of evidence.  Law of evidence is NB to CPL because it dictates what evidence must be brought forward to court in order to prove your claim and enforce your rights