SJD ASSIGNMENT 3
DONALD THABANG MOPONYA
18212778
1.The difference between a criminal case and a civil case is
that criminal cases are cases that has
something to do with crime when they
come to court e.g a person is taken to
court because she is accused of a
crime.The judge, and sometimes a jury,
must consider the evidence presented
during a trial to decide whether the
accused is guilty or innocent.Most
crimes and their punishments are
described in the Criminal Code of
Canada. Some crimes involve other
people, including assault,murder,sexual
assault, and identity theft whereas tn civil
cases, a person or an organization asks a judge to settle a
civil problem, such as a problem concerning an inheritance,
problem involving a contract, or a family problem, such as
divorce or custody of children.A person can also ask a judge
for compensation for damage suffered because of someone
else's fault. This type of case is called a “civil responsibility”case. For example, if someone sues a plumber for poor
repair work that caused a flood in her kitchen, the judge can
order the plumber to pay money to compensate her for the
water damage.
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2.1 It is a civil case and the case will be heard in the High
Court.
2.2 It is a civil case, the case will be heard the Magistrate
court.
2.3 It is a criminal case, the case will be heard in the High
Court.
2.4 It is a civil case the case will be heard in the Magistrate
court.
2.5 It is a civil case the case will be heard in the Magistrate
court.
3. Negotiation is when parties reach to an agreement to sort
out their differences where they try to negotiate on a way
forward to find a mutual agreement.
Meditation is when parties try and agree to find common
grounds to negotiate and reaching a mutual agreement
through someone who may not be affected by the decisions
to be made e.g like a mediator or a third party but the
decisions would not be made by them but to help the parties
involved to see each point of view case in
both perceptions
Arbitration is where parties find an independent third party to
listen to their cases and make a decision on their behalf, in
which the parties would be bind by the decision made by the
arbitrator. Meaning the decision made by the arbitrator isfinal and binds the parties which must be accepted and
followed by the parties in question.All three differ because
with the negotiation and meditation both don't have the
power to make the decisions on the behalf of the parties
unlike with the arbitration which makes the final decision.