EVI3701-exam notes - summary of law of evidence 2022

EVI3701-exam notes - summary of law of evidence 2022 1 EVI 3701 Study Unit 1 – Overview State whether the following statements are true or false: (1) The Law of Evidence is the name of the field of law that you are currently studying. False (with capitals it refers to the course name) (2) When it is said that ‘‘the court’’ makes a finding, this actually means that the judicial officer presiding in the case (plus assessors where applicable) is making the finding. True (3) Oral evidence refers to evidence given by a witness from the witness box. True (4) If evidence is contained in a document, the party who wants to present this evidence will simply hand the document to the court. False (5) Evidence that is provided by modern technology, such as computers and video tapes, presents the law of evidence with difficulties that have not yet all been resolved. True (6) In the case of judicial notice and presumptions, evidential material is provided without the presentation of evidence. True (7) Decisions on the admissibility of evidence are made during the trial — decisions on the weight of the evidence are made only at the end of the trial. True (although, as you will learn later in this course, the weight of evidence may also impact on its admissibility) (8) The burden of proof plays an important role during the evaluation of evidence at the end of the trial. True (9) It is sometimes necessary for the court to approach certain evidence with caution. True (10) The law of evidence plays an important role in every single court case conducted in our courts. True Study Unit 2 Concepts in the law of evidence Besides evidence, what other forms of evidentiary material are there? Try to give an example of each. Where possible, write down the references to decided cases in which these other kinds of evidentiary material were at issue. (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, with reference to the two main branches of the law, how the law of evidence fits into the general structure of the law. (5) 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. Adjective law (sometimes known as procedural law) prescribes Downloaded by montja mevlyn () lOMoARcPSD| 2 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. 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 Study unit 3 Sources of the law of evidence Historical source of the law of evidence: Procedural law of South Africa is mostly drawn from principles of English law and therefore regarded as the common law for the law of evidence in south Africa, consequently courts may have recourse to English law in the event of any uncertainty on an aspect of the law of evidence. Knowledge sources are a wider concept, covering not only the historical sources, but also relevant court cases creating binding law and applicable South African legislation eg the Criminal Procedure Act 51 of 1977 and the Civil Proceedings Evidence Act 25 of 1965 applying particularly to the law of evidence as well as the Constitution of the Republic of South Africa 1996 which is the highest source of law and its principal p