LEV3701 UPDATED EXAM PACK

LEV LATEST EXAM PACK LAW OF EVIDENCE CONTENTS 1. MULTIPLE CHOICE QUESTIONS AND ANSWERS REVISION DOC 2. May / June 2019 – Examination Questions And Answers 3. May / June 2018 –Examination Questions And Answers 4. Oct / Nov 2018 – Examination Questions And Answers 5. Longer Questions and Answers for Exam Prep Plus Scenario Type Questions and Answers 6. Law of Evidence Summarised Notes BE PREPARED AND AVOID REPEATING THE MODULE 2 Downloaded by Wilfred Ngobeni () lOMoARcPSD| 2020 -MCQ REVISION QUESTIONS Question 1 (a) The law of evidence is unique, because it is part of the substantive law and the adjective law. (b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and provides that the law on the competence and compellability of witnesses, as well as the examination and cross-examination of witnesses, which would have been applicable on 1 January 1994, will apply in any case where no provision has been made in terms of the Civil Proceedings Evidence Act or in terms of any other South African legislation. (c) Documentary evidence is the most common means of adducing (presenting) evidence. (d) A witness is required to give independent oral testimony and is never permitted to rely on, or refer to, an earlier record. Answer 1 (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. (3) Only statements (b), (c) and (d) are correct. (4) Only statement (d) is correct. (5) None of the statements is correct. The correct answer is (5): 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 3.3. • Statement (c): See paragraph 4.2. • Statement (d): See paragraph 4.2.1.4. Question 2 (a) After a witness has given evidence-in-chief, she is re-examined by the opponent of the party who called her. (b) In both criminal and civil cases, the court may call its own witnesses without the consent of the parties involved. (c) Judges and magistrates are considered to be incompetent witnesses with respect to those cases over which they preside. (d) The general rule in the common law was that the spouse of an accused person could not testify for or against such an accused. Answer 2 (1) Only statements (a) and (b) are correct. 3 Downloaded by Wilfred Ngobeni () lOMoARcPSD| (2) Only statement (b) is correct. (3) Only statements (c) and (d) are correct. (4) Only statements (a), (d) and (c) are correct. (5) None of the statements is correct. The correct answer is (3): Only statements (c) and (d) are correct. The correct answers can be found at the following places in the study guide: • Statement (a): See Learning Unit 4. • Statement (b): See paragraph 4.3. • Statement (c): See paragraph 5.2.2.3. • Statement (d): See paragraph 5.3.1. Question 3 (a) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when the giving of evidence is at stake, but also to people who were married when the relevant crime was committed, even though the marriage has been dissolved in the meantime. (b) Section 195 of the Criminal Procedure Act 51 of 1977 has to some extent been amended by section 68 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Subsection 195(1)(a) now also includes a child that is in the care of the wife or the husband of the accused and subsection 195(1)(e) now refers to incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. (c) In terms of section 196, the spouse of an accused is a competent as well as a compellable witness in defence of that accused, but only when such an accused is jointly charged with someone else. (d) If the accused is jointly charged with someone else, the spouse of such an accused will be competent to give evidence on behalf of that co-accused, but cannot be compelled to do so. Answer 3 (1) None of the statements is correct. (2) Only statements (a), (b) and (d) are correct. (3) Only statements (c) and (d) are correct. (4) Only statement (d) is correct. (5) Only statements (a) and (b) are correct. The correct answer is (2): Only statements (a), (b) and (d) are correct. The correct answers can be found at the following places in the study guide: • Statement (a): See paragraph 5.3.1.1. • Statement (b): See paragraph 5.3.1.1. • Statement (c): See paragraph 5.3.1.2. • Statement (d): See paragraph 5.3.3