CHAPTER 1

Question 1

What is law of civil procedure

Answer 1

The part of law that regulates civil litigation- the mechanisms by means of which rights derived from substantive law are enforced

Question 2

What is substantive law

Answer 2

Rights duties and remedies of a person in a given situation

Question 3

Procedural law

Answer 3

How these rights duties and remedies may be enforced- the procedure thereof

Question 4

What does procedural law provide for a party

Answer 4

Enables the party to approach a court to seek relief on the basis of infringement
(provides mechanisms for the enforcement of substantive law)

Question 5

Civil law and procedure

Answer 5

Allows parties to take action- enforce rights and claim remedies or defend actions brought against them

Question 6

Criminal procedure

Answer 6

Enables the state to take action on whoever infringed on the rules of criminal law

Question 7

Main question of civproc

Answer 7

If the defendant or respondent is liable for the instituted claim on a balance of probabilities so that they can then claim damages or specific performance

Question 8

What constitutes an action proceeding

Answer 8

-commences and summons
-plaintiff and defendant

Question 9

What constitutes application proceedings

Answer 9

-commence on notice of motion
-applicant and respondant