LEV3701 STUDY SUMMARY NOTES & EXAM PREP(Latest Updated 2022)

LEV3701 STUDY SUMMARY NOTES (Latest Updated 2022) The presentation of evidence - Oral evidence - Given by a witness, delivering her testimony from the witness box. - Certain questions may be asked by the various parties, and others may not - Real things - may also be presented to the court as evidence. - Often the information that is contained in some kind of document may be required, but documents cannot simply be handed to the court since many requirements need to be met before a document can be used. - For one, the court generally needs to know that the document is indeed what it claims to be. - With modern technology evidence might be available in forms that do not fit into any one of the traditional categories. - The law of evidence still does not know exactly how to deal with these forms of evidence, even though new legislation in this regard has recently been passed. - Finally, in certain cases, the court will accept some information without any evidence being presented on it; the court will simply take notice of well-known or easily determined facts, or some legal rule may provide for the presumption of a fact. The admissibility of certain types of evidence - Essential to know what evidence will be admissible and what will not. - Admissible evidence - Can be used to prove one’s case - Inadmissible evidence - Cannot be used to prove one’s case. - It serves no purpose to attempt to offer clearly inadmissible evidence in court as it will simply be thrown out by the court who has to make the factual findings. 1 Downloaded by Neo Lemao () lOMoARcPSD|