Exam (elaborations)
LEV3701 Assignment 1 Semester 2 2023
- Course
- LEV3701 (LEV3701)
- Institution
- University Of South Africa (Unisa)
LEV3701 Assignment 1 Semester 2 2023 QUESTIONS AND ANSWERS
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LEV3701Assignment 1
Semester 2 2023
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[DATE]
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, LEV3701 Assignment 1 Semester 2 2023
a. Mr C testifies in court about the theft of his car. During cross-examination
the defence alleges that Mr C is lying. The prosecutor accordingly calls Mr W
to come and testify that Mr C had earlier told him the same thing. Mr W’s
evidence is....
1. opinion evidence.
2. hearsay evidence.
3. circumstantial evidence.
4. evidence about a previous consistent statement.
In a court case where Mr. C is testifying about the theft of his car, the defense
accuses him of lying during cross-examination. To support Mr. C's credibility,
the prosecutor calls Mr. W as a witness. Mr. W testifies that Mr. C had
previously told him the same story about the car theft. This type of evidence is
categorized as "evidence about a previous consistent statement." It's used to
show that Mr. C's current testimony is consistent with what he had previously
stated, making his version of events more reliable.
b. Consider the following statements regarding marital privilege and choose
the correct option:
1. A third party that overhears a conversation between two spouses cannot
testify about that communication in a court of law.
This statement is partially true. Generally, a third party who overhears a
conversation between spouses might be prohibited from testifying about that
communication due to spousal privilege, which is intended to protect the
privacy of marital communications. However, there can be exceptions, and the
admissibility of such evidence might vary depending on the jurisdiction and
the circumstances.
This statement is false. Marital privilege can still apply to communications
made during the marriage, even after divorce. The termination of the
marriage does not necessarily remove the protection afforded by marital
privilege to certain confidential communications made between spouses.
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