NAME SAMUKELISO

SURNAME MBIVA
MODULE CODE SJD1501
ASSIGNMENT 03
STUDENT NUMBER 69734569
UNIQUE NUMBER 642238
 1. Criminal cases happens when someone breaks the law, or commits a criminal
offense, which typically results in jail time. Civil cases handle almost all other
disputes and typically aim for some sort of recovery. A crime is unlawful conduct
that is prohibited by the state. There are four requirements that should be met,
there has to be a conduct, which can be either an act or omission. The conduct
has to comply with the definitional elements. The conduct has to be unlawful.
There has to be a blameworthy state of mind. Examples of crime are murder,
assault, reckless driving, robbery, rape, fraud, theft, identity theft and threats.
Civil cases are subject to the law of civil procedure and form part of private law
compared to criminal cases which deal with public law. These disputes may
involve companies which need individuals (people) to act for them. The state is
not involved in civil disputes. Examples of civil cases include claims for
defamation of character. Breaching of a contract, pain and suffering, loss of
wages or outstanding wages and medical costs after an accident. There are two
kinds of civil cases, namely summons ( or action) procedures and application
procedures. (198 words)

2.1 Criminal in nature ( magistrates’ courts).

2.2 Civil in nature (magistrates’ courts).
2.3 Criminal in nature (Equality courts).
2.4 Civil in nature ( Children's courts).
2.5 Criminal in nature ( Children's courts).
3. Negotiation, the parties may try to reach agreement in order to solve their
differences. In other words, they talk to each other or negotiate about their problem.
They also try to solve it by coming up with a solution that suits both sides
Meditation, this is a process in which people agree to negotiate in a non-adversarial
way. They agree to have an impartial third party, called a mediator, act as a go-between
or facilitator to help them settle their dispute. The mediator has no decision-making
powers. The parties still decide the outcome of the dispute themselves. Mediation is
becoming a very important part of dispute resolution, as the Department of Justice is in
the process of preparing rules that will make mediation compulsory in civil proceedings
where the defendant indicates that he or she intends to defend the claim.
Arbitration, this is where people agree to have an independent third person, called an
arbitrator, listen to their arguments and make a decision that both parties agree in
advance to accept as binding on them. Note, however, that whereas negotiation and
mediation are not binding on the parties (which means the matter may still go to court if
they are not satisfied with the outcome).
References:
https://monseesmayer.com/whats-the-difference-between-a-civil-and-a-criminal-
case/amp/
SJD1501.2021.Unit 3. Pretoria. University of South Africa.