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lev3701_updated_exam_pack_2023_old_until_the_last_examLEV3701 LAW OF EVIDENCE
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Slev3701_updated_exam_pack_2023_old_until_the_last_exam_ LEV3701 LAW OF EVIDENCE
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LEV3701Updated
Exam Pack
2023
,LEV3701LA
W OF
EVIDENCE
,LEV3701
QUESTIO
NS AND
ANSWERS
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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.
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