LEV3701 ASSIGNMENT 2 (ACCURATE
SOLUTIONS) SEMESTER 2 2025 - DUE
SEPTEMBER 2025
Probative value - ANS-means value for purposes of proof. This means not only, "what will the hearsay
evidence prove if admitted?", but "will it do so reliably?"
Admission - ANS-An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - ANS-that field of law which generally regulates the proof of facts in a court of law
Proof - ANS-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 - ANS-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
Residuary sections - ANS-- 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.
6 requirements that should be met before a witness will be allowed to refresh her memory while in the
witness box - ANS-- 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 - ANS-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 -
ANS-- 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 - ANS-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 - ANS-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 - ANS-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 - ANS-- undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
SOLUTIONS) SEMESTER 2 2025 - DUE
SEPTEMBER 2025
Probative value - ANS-means value for purposes of proof. This means not only, "what will the hearsay
evidence prove if admitted?", but "will it do so reliably?"
Admission - ANS-An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - ANS-that field of law which generally regulates the proof of facts in a court of law
Proof - ANS-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 - ANS-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
Residuary sections - ANS-- 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.
6 requirements that should be met before a witness will be allowed to refresh her memory while in the
witness box - ANS-- 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 - ANS-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 -
ANS-- 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 - ANS-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 - ANS-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 - ANS-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 - ANS-- undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
