LEV3701 MCQ 2020.

Contents ASSIGNMENT 2 2018 SEMESTER 1 ................................................................................... 1 ASSIGNMENT 2 2018 SEMESTER 2 ................................................................................... 7 ASSIGNMENT 2 2019 SEMESTER 1 ................................................................................. 13 ASSIGNMENT 2 2019 SEMESTER 2 ................................................................................. 19 MULTIPLE CHOICE JUNE 2018 ........................................................................................ 25 MULTIPLE CHOICE JUNE 2018 - Special examination ..................................................... 30 MULTIPLE CHOICE NOVEMBER 2018 ............................................................................. 35 MULTIPLE CHOICE JUNE 2019 ........................................................................................ 40 MULTIPLE CHOICE OCTOBER 2019 ................................................................................ 45 © 1 ASSIGNMENT 2 2018 SEMESTER 1 Select the correct answer. Question 1 (a) The law of evidence is part of the substantive law, since the substantive law determines what elements must be proved in court before someone will be guilty of a crime. (b) Roman-Dutch law is the common law of South Africa and therefore constitutes the historical source of our procedural law. (c) Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section because it provides that the law as to the competency, compellability, or privilege of witnesses which was in force in respect of criminal proceedings on 30 May 1910 shall apply in any case not expressly provided for. (d) In terms of section 35(1) of the Constitution, every person who is arrested has the right to adduce and challenge evidence. Answer 1 (1) None of the statements is correct. (2) Only statements (a), (b) and (c) are correct. (3) Only statement (c) is correct. (4) Only statement (d) is correct. (5) Only statement (a) is correct. Unisa’s comment: The correct answer is (1). None of the statements is correct. The correct answers can be found at the following places in the study guide: • Statement (a): See paragraph 2.1. • Statement (b): See paragraph 3.1. • Statement (c): See paragraph 3.3. The correct date is 30 May 1961. • Statement (d): See paragraph 3.2. This right is given to accused persons. Question 2 (a) During a trial, the court first has to consider the competency of a witness, then the admissibility of evidence, and finally the weight or persuasive value of evidence. The weight of evidence therefore plays no part when the court considers the admissibility of that evidence. (b) Irrelevant evidence will never be admissible, but relevant evidence will always be admissible. (c) An unfavourable witness is a witness who intends to prejudice the case of the party who originally called the witness. When such a witness has been declared to be an unfavourable witness by the court, that witness may be cross-examined by the party who called the witness. (d) If the accused is jointly charged with someone else, the wife of such an accused will be competent to give evidence on behalf of that accused and can also be compelled to do so by him.