LEV3701 Updated Exam Pack 2023: Old until the last
exam written exam Concession Paper for April 2023 (In
depth answers provided) GET THAT DISTINCTION!!!
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Law of Evidence
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Old Exam Papers TILL APRIL CONCESSION PAPER 2023
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LEV3701
Concession Paper
Due: 4 April 2023
Question 1
Does the word “evidence” only refer to oral evidence? Fully explain. (5)
No, the word "evidence" does not only refer to oral evidence. Evidence refers to any
information or materials presented in court or to a tribunal to establish or prove a fact in
dispute.
Evidence can take different forms, including oral testimony from witnesses, physical
exhibits such as documents, objects, and photographs, as well as digital evidence such
as emails, text messages, and social media posts.
In fact, in many legal proceedings, non-oral evidence such as documents and other
physical exhibits can be more persuasive than oral evidence because they are tangible
and can be reviewed and analyzed in greater detail.
It's important to note that the admissibility and weight of evidence depend on various
factors such as its relevance, authenticity, and reliability. The rules of evidence in each
jurisdiction set out the requirements and standards for admitting and evaluating
evidence in court or before a tribunal.
(Exra)
Real evidence refers to physical objects or things that are presented in court for the
purpose of aiding the court's understanding of the case. Real evidence can include a
wide variety of objects, including weapons, clothing, drugs, tools, or even a person.
Unlike testimonial evidence, which relies on witness statements or accounts, real
evidence can be viewed by the court directly, allowing the judge or jury to draw their
conclusions from their own observation and analysis of the physical object.
1
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However, in order to be admissible as evidence, real evidence must be authenticated
and properly identified. This means that the evidence must be shown to be relevant to
the case and must be properly introduced and explained to the court by a competent
witness.
In addition, there may be specific rules or procedures governing the handling,
preservation, and presentation of real evidence in different jurisdictions and in different
types of cases. These rules and procedures are designed to ensure that the evidence is
reliable and trustworthy, and that its presentation is fair to all parties involved.
OR
No, the word "evidence" does not only refer to oral evidence. In South African law,
evidence can take many forms, including documentary evidence, real evidence,
circumstantial evidence, and expert evidence. Documentary evidence includes any form
of writing or recording, such as letters, contracts, photographs, and audio or video
recordings. Real evidence refers to physical objects or materials that are relevant to a
case, such as weapons, clothing, or tools.
Circumstantial evidence is indirect evidence that can be used to infer a fact, such as a
footprint found at a crime scene that can be linked to a suspect's shoes. Expert
evidence refers to testimony given by an expert witness, who has specialized
knowledge or experience in a particular field, such as medicine, forensic science, or
engineering.
In South African law, the definition of evidence is provided in the Interpretation Act 33 of
1957, which defines evidence as "any statement, whether oral or documentary or by a
sound recording or other means of producing a visual or audible reproduction, which is
admissible as evidence in any proceedings in any court of law." Therefore, the term
"evidence" encompasses all forms of admissible statements or materials that can be
presented in court to prove or disprove a fact in issue.
2
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exam written exam Concession Paper for April 2023 (In
depth answers provided) GET THAT DISTINCTION!!!
written by
studywiz
www.stuvia.com
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Law of Evidence
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Old Exam Papers TILL APRIL CONCESSION PAPER 2023
Distribution of this document is illegal extra per year?
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
LEV3701
Concession Paper
Due: 4 April 2023
Question 1
Does the word “evidence” only refer to oral evidence? Fully explain. (5)
No, the word "evidence" does not only refer to oral evidence. Evidence refers to any
information or materials presented in court or to a tribunal to establish or prove a fact in
dispute.
Evidence can take different forms, including oral testimony from witnesses, physical
exhibits such as documents, objects, and photographs, as well as digital evidence such
as emails, text messages, and social media posts.
In fact, in many legal proceedings, non-oral evidence such as documents and other
physical exhibits can be more persuasive than oral evidence because they are tangible
and can be reviewed and analyzed in greater detail.
It's important to note that the admissibility and weight of evidence depend on various
factors such as its relevance, authenticity, and reliability. The rules of evidence in each
jurisdiction set out the requirements and standards for admitting and evaluating
evidence in court or before a tribunal.
(Exra)
Real evidence refers to physical objects or things that are presented in court for the
purpose of aiding the court's understanding of the case. Real evidence can include a
wide variety of objects, including weapons, clothing, drugs, tools, or even a person.
Unlike testimonial evidence, which relies on witness statements or accounts, real
evidence can be viewed by the court directly, allowing the judge or jury to draw their
conclusions from their own observation and analysis of the physical object.
1
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However, in order to be admissible as evidence, real evidence must be authenticated
and properly identified. This means that the evidence must be shown to be relevant to
the case and must be properly introduced and explained to the court by a competent
witness.
In addition, there may be specific rules or procedures governing the handling,
preservation, and presentation of real evidence in different jurisdictions and in different
types of cases. These rules and procedures are designed to ensure that the evidence is
reliable and trustworthy, and that its presentation is fair to all parties involved.
OR
No, the word "evidence" does not only refer to oral evidence. In South African law,
evidence can take many forms, including documentary evidence, real evidence,
circumstantial evidence, and expert evidence. Documentary evidence includes any form
of writing or recording, such as letters, contracts, photographs, and audio or video
recordings. Real evidence refers to physical objects or materials that are relevant to a
case, such as weapons, clothing, or tools.
Circumstantial evidence is indirect evidence that can be used to infer a fact, such as a
footprint found at a crime scene that can be linked to a suspect's shoes. Expert
evidence refers to testimony given by an expert witness, who has specialized
knowledge or experience in a particular field, such as medicine, forensic science, or
engineering.
In South African law, the definition of evidence is provided in the Interpretation Act 33 of
1957, which defines evidence as "any statement, whether oral or documentary or by a
sound recording or other means of producing a visual or audible reproduction, which is
admissible as evidence in any proceedings in any court of law." Therefore, the term
"evidence" encompasses all forms of admissible statements or materials that can be
presented in court to prove or disprove a fact in issue.
2
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