EVI3701 exampack - Problem type questions

EVI3701 EXAM PACK 2016 SECTIONS 2,3 & 4 Together We Pass Tel: 2014 May/June Paper Evidence Suggested Answers- EVI3701 Section 2 2.1 How law of evidence fits into the general structure of law. -The law is divided into two main branches, namely substantive law and adjective law. Substantive law covers the legal rights and obligations of a person and prescribes what a person may or may not do. -An example of substantive law is criminal law which prohibits certain actions and if these prescribed actions are not adhered to, punishment will be enforced, e.g. the speed limit in a particular area. -Adjective law on the other hand, also referred to as procedural law prescribes the general procedures that need to be followed in court and in legal transactions. The --Law of Evidence refers to the field of law which regulates the proof of facts in a court of law. Law of evidence fits under adjective law as it governs the manner in which something is legally proven before court. 2.2 What is a trial within a trial? A trial-within-a-trial is held to determine the admissibility of an admission or confession. It is a separate trial, during which the main trial is suspended, and the admissibility of the particular statement becomes the main fact in issue. At this stage both the prosecution and the defence will adduce evidence as to the circumstances in which the statement was made. However, the