Question 1
What must the court in a civil case do if a legal question about the cross-examination of a witness arises and there is no express provision in any South African legislation on the specific issue? Fully explain with reference to a definition. [5]
Question 2
Lucky is on trial for...
question 1 what must the court in a civil case do if a legal question about the cross examination of a witness arises and there is
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University of South Africa (Unisa)
LEV3701 - Law Of Evidence
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LEV3701
LAW OF EVIDENCE
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
13 OCTOBER 2022
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What must the court in a civil case do if a legal question about
the cross-examination of a witness arises and there is no express
provision in any South African legislation on the specific issue?
Fully explain with reference to a definition. [5]
Question 2
Lucky is on trial for the murder of his wife. The prosecution claims
that Lucky committed the murder by poisoning his wife with
arsenic. Lucky’s defence is that his wife committed suicide.
Innocent, an attorney, is called by the prosecution to testify that
the accused approached him in his professional capacity for legal
advice and, during their discussions, admitted to having killed his
wife. Innocent subsequently declined to represent Lucky. The
prosecution states that this evidence will be admissible because
Lucky had told Innocent of a crime that had already been
completed. Do you agree? Fully discuss with reference to the
requirements for the admissibility of this type of evidence. [10]
Question 3
B and D belong to rival gangs. One night a fight breaks out
between the gangs and a passing motorist, C, is shot and injured.
C lays a charge of attempted murder, and during the
investigation, C gives a description of his assailants to the police.
An identification parade is held, and B and D are picked from the
line-up. B and D are thereafter charged. Answer the following
questions with reference to the trial:
3.1 Two bullets are extracted from C at the hospital and, when B
and D are arrested, the investigating officer finds a weapon in the
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