LAW OF EVIDENCE(LEV3701) REVISION STUDY PACK
TYPICAL EXAMINATION QUESTIONS AND ANSWERS
STUDY UNIT 2
Does the word “evidence” only refer to oral evidence? Fully explain.
No, in the sense that evidence concerns oral statements made in court under oath or
affirmation or warning (oral evidence) and documents (documentary evidence) and
objects (real evidence) produced and received in court.
Is evidence the only form of evidentiary material? Fully explain with reference to
authority.
No, Schwikkard points out that the other forms of evidentiary material are admissions,
formal admissions, judicial notice and presumptions.
1) Admissions — S v Mjoli 1981 (3) SA 1223 (A)
(2) Formal admissions — S v Mokgoledi 1966 (4) SA 335 (A)
(3) Judicial notice
(4) Presumptions — S v AR Wholesalers 1975 (1) SA 551 (NC)
Briefly explain the relationship between “proof” and the law of evidence. (5)
The law of evidence may be defined as that field of law which generally regulates the
proof of facts in court. Proof therefore is central to the entire field of the law of evidence.
Proof: having sufficient grounds for finding on a point in issue. Proof of a fact means that
the court has received probative material with regard to such fact and has accepted such
fact as being the truth for purposes of the specific case.
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, Evidence: probative (evidentiary) material (oral, documentary or real evidence) which is
produced in court. Evidence of a fact is not yet proof of such fact: the court must still
decide whether such fact has been proved.
Evidential material: material which goes to furnish proof.
Briefly explain, with reference to the two main branches of the law, how the law of
evidence fits into the general structure of the law.
Or
Explain the difference between substantive law and adjective law and give an
example of each.
Into which category does the law of evidence fall? (5)
Substantive law covers one’s rights and obligations. It tells what one may or may not do.
Criminal law is an example of substantive law. Conversely, adjective law (sometimes
known as procedural law) prescribes the general procedure to be followed in court and
legal transactions. Criminal Procedure is an example of adjective law. Therefore, the law
of evidence is part of adjective law.
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TYPICAL EXAMINATION QUESTIONS AND ANSWERS
STUDY UNIT 2
Does the word “evidence” only refer to oral evidence? Fully explain.
No, in the sense that evidence concerns oral statements made in court under oath or
affirmation or warning (oral evidence) and documents (documentary evidence) and
objects (real evidence) produced and received in court.
Is evidence the only form of evidentiary material? Fully explain with reference to
authority.
No, Schwikkard points out that the other forms of evidentiary material are admissions,
formal admissions, judicial notice and presumptions.
1) Admissions — S v Mjoli 1981 (3) SA 1223 (A)
(2) Formal admissions — S v Mokgoledi 1966 (4) SA 335 (A)
(3) Judicial notice
(4) Presumptions — S v AR Wholesalers 1975 (1) SA 551 (NC)
Briefly explain the relationship between “proof” and the law of evidence. (5)
The law of evidence may be defined as that field of law which generally regulates the
proof of facts in court. Proof therefore is central to the entire field of the law of evidence.
Proof: having sufficient grounds for finding on a point in issue. Proof of a fact means that
the court has received probative material with regard to such fact and has accepted such
fact as being the truth for purposes of the specific case.
1|Page
, Evidence: probative (evidentiary) material (oral, documentary or real evidence) which is
produced in court. Evidence of a fact is not yet proof of such fact: the court must still
decide whether such fact has been proved.
Evidential material: material which goes to furnish proof.
Briefly explain, with reference to the two main branches of the law, how the law of
evidence fits into the general structure of the law.
Or
Explain the difference between substantive law and adjective law and give an
example of each.
Into which category does the law of evidence fall? (5)
Substantive law covers one’s rights and obligations. It tells what one may or may not do.
Criminal law is an example of substantive law. Conversely, adjective law (sometimes
known as procedural law) prescribes the general procedure to be followed in court and
legal transactions. Criminal Procedure is an example of adjective law. Therefore, the law
of evidence is part of adjective law.
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