1
(VERIFIED)
LEV 3701 COMPREHENSIVE SET OF QUESTIONS AND
CORRECT ANSWERS GUARANTEED SUCCESS
Law of evidence
that field of law which generally regulates the proof of facts in a court of law
Proof
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
consists of oral statements made in court under oath or affirmation or warning (oral evidence).
Also includes documents (documentary evidence) and objects (real evidence) produced and
received in court
Two pieces of evidence about a complaint made soon after an alleged offence of a sexual nature
are admissible, even if this evidence is about a previous consistent statement. these are:
1. evidence that such a complaint was made (serves to support the credibilty of the complainant)
2. evidence about the contents of the complaint (indicates that the evidence tendered has not been
recently fabricated and will support the consistency and therefore credibility of the complainant)
Admissibility of Pointing out
- It was decided in the Seema case and confirmed in the January case, that a pointing out is
essentially a communication by means of conduct and therefore a declaration by the person
performing the pointing out that she knows something about the facts in issue.
- If this statement is to the disadvantage of the person doing the pointing out, it will constitute an
extra judicial admission.
- the rule regarding the admissibility of pointing out made by the accused is the same as in the
case of any admission, namely that it will be admissible only if the pointing out was done freely
and voluntarily.
Residuary sections
- remainder, rest, that which is left
- a section in a SA statute which incorporates a part of foreign law into our law, and thereby
preserves something of the foreign law.
, 2
(VERIFIED)
6 requirements that should be met before a witness will be allowed to refresh her memory while
in the witness box
- witness must have personal knowledge of the events recorded
- witness must be unable to recollect fully a matter on which she is being examined
- witness must have recorded the information personally
- the record must have been made while the facts were still fresh in the memory of the witness
- the original document must be used where the witness has no independent recollection of the
incident
- a document used to refresh the memory while the witness is in the witness box must be made
available to the court and the opposing legal team so that they can inspect it.
Why would a witness need to have personal knowledge of the recorded event
to avoid inadvertent admission of hearsay evidence
Requirements related to the origins of a doc which a witness wishes to consult to refresh her
memory
- generally, witness must have made the recording personally. 2 exceptions
1) where the witness has given instructions for the recording to take place, in which the original
recorder must also testify
2) where the witness has read the record and accepted its accuracy, in which event the original
recorder need not testify
When is it not compulsory to use the original document
where the opponent fails to object, or where it can be shown that the original has been lost or
destroyed.
How should a witness deal with any privilege that she may have on information in the document
A privileged doc gives the holder of that privilege 2 options
1) She may waive the privilege (and use the doc)
2) She may claim the privilege (but then she cannot use the doc)
Purpose of cross examination
1) to elicit evidence that supports the cross examiners case
2) to case doubt on the credibility of the opposing party's witness
Re-examination
- undertaken by the party who had called the witness
(VERIFIED)
LEV 3701 COMPREHENSIVE SET OF QUESTIONS AND
CORRECT ANSWERS GUARANTEED SUCCESS
Law of evidence
that field of law which generally regulates the proof of facts in a court of law
Proof
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
consists of oral statements made in court under oath or affirmation or warning (oral evidence).
Also includes documents (documentary evidence) and objects (real evidence) produced and
received in court
Two pieces of evidence about a complaint made soon after an alleged offence of a sexual nature
are admissible, even if this evidence is about a previous consistent statement. these are:
1. evidence that such a complaint was made (serves to support the credibilty of the complainant)
2. evidence about the contents of the complaint (indicates that the evidence tendered has not been
recently fabricated and will support the consistency and therefore credibility of the complainant)
Admissibility of Pointing out
- It was decided in the Seema case and confirmed in the January case, that a pointing out is
essentially a communication by means of conduct and therefore a declaration by the person
performing the pointing out that she knows something about the facts in issue.
- If this statement is to the disadvantage of the person doing the pointing out, it will constitute an
extra judicial admission.
- the rule regarding the admissibility of pointing out made by the accused is the same as in the
case of any admission, namely that it will be admissible only if the pointing out was done freely
and voluntarily.
Residuary sections
- remainder, rest, that which is left
- a section in a SA statute which incorporates a part of foreign law into our law, and thereby
preserves something of the foreign law.
, 2
(VERIFIED)
6 requirements that should be met before a witness will be allowed to refresh her memory while
in the witness box
- witness must have personal knowledge of the events recorded
- witness must be unable to recollect fully a matter on which she is being examined
- witness must have recorded the information personally
- the record must have been made while the facts were still fresh in the memory of the witness
- the original document must be used where the witness has no independent recollection of the
incident
- a document used to refresh the memory while the witness is in the witness box must be made
available to the court and the opposing legal team so that they can inspect it.
Why would a witness need to have personal knowledge of the recorded event
to avoid inadvertent admission of hearsay evidence
Requirements related to the origins of a doc which a witness wishes to consult to refresh her
memory
- generally, witness must have made the recording personally. 2 exceptions
1) where the witness has given instructions for the recording to take place, in which the original
recorder must also testify
2) where the witness has read the record and accepted its accuracy, in which event the original
recorder need not testify
When is it not compulsory to use the original document
where the opponent fails to object, or where it can be shown that the original has been lost or
destroyed.
How should a witness deal with any privilege that she may have on information in the document
A privileged doc gives the holder of that privilege 2 options
1) She may waive the privilege (and use the doc)
2) She may claim the privilege (but then she cannot use the doc)
Purpose of cross examination
1) to elicit evidence that supports the cross examiners case
2) to case doubt on the credibility of the opposing party's witness
Re-examination
- undertaken by the party who had called the witness
