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LEV3701 EXAM PACK 2023
LEV3701 EXAM PACK 2023 Latest exam pack questions and answers and summarized notes for exam preparation.
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LEV3701EXAM PACK
, lOMoARcPSD|21997160
Lev exam pack8
Law of Evidence (University of South Africa)
, lOMoARcPSD|21997160
www.dreamfinders.co.za (EVI3701 Revision Pack)
Tel: 0127518310
Study Unit 1 – Overview
State whether the following statements are true or false:
(1) The Law of Evidence is the name of the field of law that you are currently
studying. False (with capitals it refers to the course name)
(2) When it is said that ‘‘the court’’ makes a finding, this actually means that the
judicial officer presiding in the case (plus assessors where applicable) is making
the finding. True
(3) Oral evidence refers to evidence given by a witness from the witness box. True
(4) If evidence is contained in a document, the party who wants to present this
evidence will simply hand the document to the court. False
(5) Evidence that is provided by modern technology, such as computers and video
tapes, presents the law of evidence with difficulties that have not yet all been
resolved. True
(6) In the case of judicial notice and presumptions, evidential material is provided
without the presentation of evidence. True
(7) Decisions on the admissibility of evidence are made during the trial —
decisions on the weight of the evidence are made only at the end of the trial.
True (although, as you will learn later in this course, the weight of evidence may also im
on its admissibility)
(8) The burden of proof plays an important role during the evaluation of evidence at the end
of the trial. True
(9) It is sometimes necessary for the court to approach certain evidence with caution. True
(10) The law of evidence plays an important role in every single court case conducted in our
courts. True
Study Unit 2 Concepts in the law of evidence
Besides evidence, what other forms of evidentiary material are there? Try to give an
example of each. Where possible, write down the references to decided cases in which
these other kinds of evidentiary material were at issue.
(1) Admissions — S v Mjoli 1981 (3) SA 1223 (A)
(2) Formal admissions — S v Mokgoledi 1966 (4) SA 335 (A)
(3) Judicial notice
(4) Presumptions — S v AR Wholesalers 1975 (1) SA 551 (NC)
Briefly explain, with reference to the two main branches of the law, how the law of evidence fits into the general (5)
structure of the law.
Explain the difference between substantive law and adjective law and give an example
each.
Into which category does the law of evidence fall? (5)
www.dreamfinders.co.za (EVI3701 Revision Pack)
Tel: 0127518310
, lOMoARcPSD|21997160
www.dreamfinders.co.za (EVI3701 Revision Pack)
Tel: 0127518310
Substantive law covers one’s rights and obligations. It tells what one may or may not do.
Criminal law is an example of substantive law. Adjective law (sometimes known as
procedural law) prescribes the general procedure to be followed in court and legal
transactions. Criminal procedure is an example of adjective law. Therefore, the law of
evidence is part of adjective law.
Briefly explain the relationship between “proof” and the law of evidence.(5)
The law of evidence may be defined as that field of law which generally regulates the proof
of facts in court. Proof therefore is central to the entire field of the law of evidence.
Proof : having sufficient grounds for a finding on a point in issue. 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 : probative (evidentiary) material (oral, documentary or real evidence) which is
produced in court. Evidence of a fact is not yet proof of such fact: the court must still decide
whether or not such fact has been proved.
Evidential material : material which goes to furnish proof
Study unit 3 Sources of the law of evidence
Historical source of the law of evidence: Procedural law of South Africa is mostly draw
from principles of English law and therefore regarded as the common law for the law of
evidence in south Africa, consequently courts may have recourse to English law in the
of any uncertainty on an aspect of the law of evidence.
Knowledge sources are a wider concept, covering not only the historical sources, but a
relevant court cases creating binding law and applicable South African legislation eg the
Criminal Procedure Act 51 of 1977 and the Civil Proceedings Evidence Act 25 of 1965
applying particularly to the law of evidence as well as the Constitution of the Republic of
South Africa 1996 which is the highest source of law and its principal provisions affecting
the law of evidence are the fundamental rights (‘‘Bill of Rights’’).
(1) Write down the wording of section 252 of the Criminal Procedure Act 51 of 1977.
Section 252 of CPA : The law as to the admissibility of evidence which was in force in
respect of criminal proceedings on the thirtieth day of May 1961, shall apply in any case not
expressly
provided for by this Act or any other law.
(2) Explain what is meant by a ‘‘residuary clause’’ in South African law.
A residuary clause determines that foreign law has to be followed on topics for which no
express local statutory provision had been made (Indirect incorporation). These are those
sections in South African statutes which incorporate foreign law into South African law and
thereby preserve that part of foreign law.
Mention the principal provisions of the Constitution of the Republic of South Africa, 199
that affect the law of evidence. (5)
Section 35(1) of the Constitution provides that every arrested person shall have the righ
(1) to be informed, in an understandable language, that he or she has the right to remain
silent, and
about the consequences of making a statement (sec 35(1)(a) and (b))
(2) not to be compelled to make a confession or admission which could be used in evidence
against
him or her (sec 35(1)(c))
Section 35(2) provides for the rights of a detained person including the right
(s 35(2)(a)) - to be informed promptly of the reason for being detained
www.dreamfinders.co.za (EVI3701 Revision Pack)
Tel: 0127518310
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