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...
LEV3701
LAW OF EVIDENCE
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
13 OCTOBER 2022
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY.
No part of this document may be reproduced, resold or transmitted in any form or by any means without prior written permission from
the Author. – LLB EXAMPACKS & TUTORIALS.
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LLBExampacksAndTutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R399,99. You're not tied to anything after your purchase.
