ABSTRACT
It is worth mentioning some of the main features of the civil justice system. The underlying principle of any system, whether criminal or civil, must be the attainment of justice.
One means by which this can be assured is equality of access regardless of means. In addition to substantive rules of law, there must also be fair rules of procedure and requirement for proof of facts alleged. Ours is an adversarial system, likened to a battle between two adversaries, only one of whom can be adjudicated the winner. The judge is usually the arbiter of both fact and law and makes a decision following the presentation of evidence by oral testimony. The claimant (formerly the plaintiff) has the burden of proof, on a balance of probabilities (that is, more likely than not), and usually decisions are made in open court where the result can be published and to which members of the public can be admitted. A decision will be final, except where an appeal is permitted, and in some cases this may only be on questions of law or where permission is given.
