LEV3701
Probative value - 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 - An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - that field of law which generally regulates the proof of facts in a court
of law
Proof - 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 - 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 - - 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 - - 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 - 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 - - 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 - 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 - 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 - 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 - - undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
How can the state call someone who had previously been a co-accused to testify - - by
withdrawing the charge against the co-accused
- by finding the co-accused not guilty
- by the co-accused entering a plea of guilty
- if the trials of the accused and co-accused are separated for some other valid reason
4 circumstances in which secondary evidence of a document will be permitted - - there
is evidence that the original has been destroyed or cannot be located after a diligent
search
- production of the original would be illegal
- production of the original is impossible
- the original is in possession of the opposing party or a third party, who refuses to
produce it or who cannot be compelled to produce it
A document may be authenticated by the following perosna - 1. The author, executor or
signatory of the doc
2. A witness
3. A person who can identify the handwriting or signature
4. A person who found a document in the possession or control of an opponent
5. A person who has lawful control and custody of a document
Definition of a data message - a data message means data generated, sent, received or
stored by electronic means and includes voice (where the voice is used in an automated
transaction) and a stored record.
Probative value - 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 - An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - that field of law which generally regulates the proof of facts in a court
of law
Proof - 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 - 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 - - 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 - - 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 - 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 - - 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 - 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 - 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 - 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 - - undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
How can the state call someone who had previously been a co-accused to testify - - by
withdrawing the charge against the co-accused
- by finding the co-accused not guilty
- by the co-accused entering a plea of guilty
- if the trials of the accused and co-accused are separated for some other valid reason
4 circumstances in which secondary evidence of a document will be permitted - - there
is evidence that the original has been destroyed or cannot be located after a diligent
search
- production of the original would be illegal
- production of the original is impossible
- the original is in possession of the opposing party or a third party, who refuses to
produce it or who cannot be compelled to produce it
A document may be authenticated by the following perosna - 1. The author, executor or
signatory of the doc
2. A witness
3. A person who can identify the handwriting or signature
4. A person who found a document in the possession or control of an opponent
5. A person who has lawful control and custody of a document
Definition of a data message - a data message means data generated, sent, received or
stored by electronic means and includes voice (where the voice is used in an automated
transaction) and a stored record.
