PLS1502 LAW OF EVIDENCE REVISION STUDY PACK

PLS1502 LAW OF EVIDENCE REVISION STUDY PACK 1 N.B ANSWERING PROBLEM TYPE QUESTIONS Identify and state the central issue of a particular question. This should be done with reference to the facts of the question and a definition. Always consider that more than one issue could be involved. Always give a definition of the particular concept or type of evidence you have identified. State the general rule regarding admissibility or the type of evidence and mention all the exceptions. Discuss the relevant exception or give a general discussion of the law applicable to the specific issue involved. The marks set at a specific question will be the best indication of the amount of information you should give. Never forget to discuss cases and legislation. Give a motivated conclusion with reference to the facts of the question. lOMoARcPSD| 2 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 a 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 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 or not 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