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Question: Read the fictitious scenario and answer the questions that follow: Phillip, a web developer by profession, was recently instructed to design a web page for a well-known law firm in South Africa. He has been married to Melissa for seven years. Phillip meets Jessica at the law firm (his client). Shortly after meeting, Phillip and Jessica become involved in a romantic relationship, and Phillip realises that he no longer wishes to be married to Melissa. He decides to institute divorce proceedings. Philip has approached you, a legal advisor, for legal advice Briefly explain the difference between civil and criminal matters to Phillip. Also, identify under which of these two categories the divorce proceeding would be classified. (3 marks
Phillip, here’s a brief explanation to help you understand the difference between civil and criminal matters: 1. **Civil Matters:** These involve disputes between individuals or organizations, where one party seeks compensation or another form of legal remedy from the other. Civil matters include cases like divorce, property disputes, contract disputes, and personal injury claims. 2. **Criminal Matters:** These involve actions that are considered offenses against the state or society as a whole, and are prosecuted by the state. Criminal matters include cases like theft, assault, fraud, and murder. The objectives are punishment, deterrence, and rehabilitation of the offender. In your case, the divorce proceeding falls under the category of **civil matters**.
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