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LEV3701 - Summarised NOtes
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Critical Law Studies CC © 1
Evidence Notes – Semester 2 2018
LEV
LAW OF EVIDENCE:
GENERAL PRINCIPLES IN EVIDENCE
Substantive and adjective law:
Substantive law- gives ones rights and obligations and thus tells a
person what they can and cannot do. (e.g. criminal law)
Adjective (procedural) law: sets out the procedure in courts and legal
transactions, in a criminal trial for example its is required that the A is
proved guilty beyond a reasonable doubt (e.g. evidence and criminal
procedure)
Evidence is a part of adjective law (HOW) – the procedure to be followed
in the court and legal transactions
Law of evidence = proof of facts by means of evidential material
Evidential material is made up of:
• Evidence
• Formal admissions
• Judicial notice
• Presumptions
Definitions:
The law of evidence: that field of law that regulates the proof of facts
generally in a court of law
Proof: proof of a fact means that the court has received probative
material (evidential material) with regard to such fact and has accepted
such fact as being the truth for the purposes of the specific case.
Evidence of a fact is not yet proof of such fact: the court must still decide
whether or not such fact has been proved.
Evidence: consists of oral statements made in court under oath,
affirmation or warning (oral evidence), it also includes documentary
evidence and objects (real evidence) produced and received in court.
Sources of the law of evidence
Historical sources: Knowledge sources:
The substantive law of SA is Historical source
drawn from the principles of Case law
Roman-Dutch law. Legislation
The adjective law of SA is drawn Constitution
from the principles of English law.
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