Exam (elaborations)
LEV3701 EXAM PACK 2024
- Course
- LEV3701 (LEV3701)
- Institution
- University Of South Africa
QUESTIONS WITH COMPLETE ANSWERS
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lOMoAR cPSD| 24668432LEV3701 EXAM PACK
2024
QUESTIONS WITH COMPLETE ANSWERS
[DATE]
musyokah11@gmail.com
[Company address]
, lOMoAR cPSD| 24668432
LEV3701 EXAM PACK 2024
Question 1
(a) The law of evidence is unique, because it is part of the substantive law and the adjective law.
(b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and provides
that the law on the competence and compellability of witnesses, as well as the examination and
cross-examination of witnesses, which would have been applicable on 1 January 1994, will apply
in any case where no provision has been made in terms of the Civil Proceedings Evidence Act
or in terms of any other South African legislation.
(c) Documentary evidence is the most common means of adducing (presenting) evidence.
(d) A witness is required to give independent oral testimony and is never permitted to rely on, or
refer to, an earlier record.
Answer 1
(1) Only statement (a) is correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b), (c) and (d) are correct.
(4) Only statement (d) is correct.
(5) None of the statements is correct.
The correct answer is (5): None of the statements is correct. The correct answers can be found at
the following places in the study guide:
• Statement (a): See paragraph 2.1. • Statement (b): See paragraph 3.3.
• Statement (c): See paragraph 4.2.
• Statement (d): See paragraph 4.2.1.4.
Question 2
(a) After a witness has given evidence-in-chief, she is re-examined by the opponent of the party
who called her.
(b) In both criminal and civil cases, the court may call its own witnesses without the consent of the
parties involved.
(c) Judges and magistrates are considered to be incompetent witnesses with respect to those cases
over which they preside.
(d) The general rule in the common law was that the spouse of an accused person could not testify
for or against such an accused.
Answer 2
(1) Only statements (a) and (b) are correct.
(2) Only statement (b) is correct.
(3) Only statements (c) and (d) are correct.
(4) Only statements (a), (d) and (c) are correct.
(5) None of the statements is correct.
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The correct answer is (3): Only statements (c) and (d) are correct. The correct answers can be found
at the following places in the study guide:
• Statement (a): See Learning Unit 4.
• Statement (b): See paragraph 4.3.
• Statement (c): See paragraph 5.2.2.3.
• Statement (d): See paragraph 5.3.1.
Question 3
(a) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who
are married when the giving of evidence is at stake, but also to people who were married
when the relevant crime was committed, even though the marriage has been dissolved in
the meantime.
(b) Section 195 of the Criminal Procedure Act 51 of 1977 has to some extent been amended by
section 68 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32
of 2007. Subsection 195(1)(a) now also includes a child that is in the care of the wife or the
husband of the accused and subsection 195(1)(e) now refers to incest as contemplated in
section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32
of 2007.
(c) In terms of section 196, the spouse of an accused is a competent as well as a compellable
witness in defence of that accused, but only when such an accused is jointly charged with
someone else.
(d) If the accused is jointly charged with someone else, the spouse of such an accused will be
competent to give evidence on behalf of that co-accused, but cannot be compelled to do so.
Answer 3
(1) None of the statements is correct.
(2) Only statements (a), (b) and (d) are correct.
(3) Only statements (c) and (d) are correct.
(4) Only statement (d) is correct.
(5) Only statements (a) and (b) are correct.
The correct answer is (2): Only statements (a), (b) and (d) are correct. The correct answers can
be found at the following places in the study guide:
• Statement (a): See paragraph 5.3.1.1.
• Statement (b): See paragraph 5.3.1.1.
• Statement (c): See paragraph 5.3.1.2.
• Statement (d): See paragraph 5.3.3.
Question 4
(a) When fingerprints are used as evidence, an enlargement of the accused’s fingerprint is
compared in court with that of a fingerprint found at the scene of the crime. If seven points
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of similarity are found, this will usually amount to proof on a balance of probabilities that the
same person has made the two sets of prints.
(b) In the common law, public documents are admissible to prove the truth of what it contains.
This means that these are treated as an exception to the rule against the admissibility of
previous consistent statements.
(c) Even if evidence is highly relevant, a presiding officer has, in both civil and criminal cases,
a residual common law discretion to exclude unfairly (improperly) and also unlawfully
(illegally) obtained relevant evidence in order to reinforce overriding notions of fairness.
(d) Substantive law states which facts have to be proved in a particular case.
Answer 4
(1) Only statement (a) is correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (c) and (d) are correct.
(4) Only statements (a), (b) and (d) are correct.
(5) All the statements are correct.
The correct answer is (3): Only statements (c) and (d) are correct. The correct answers can be found
at the following places in the study guide:
• Statement (a): See paragraph 6.4.
• Statement (b): See paragraph 7.5.
• Statement (c): See paragraph 9.1.
• Statement (d): See paragraph 2.1.
Question 5
(a) Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering
certain questions during cross-examination, but this protection falls away where the accused
gives evidence against any other person charged with the same offence or an offence in
respect of the same facts.
(b) When evidence about someone’s character is important for purposes of the law of evidence,
the common law states that only evidence of the true nature of such a person may be
presented.
(c) The admissibility of evidence about the character of an accused is determined by a residuary
section.
(d) Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering
certain questions during cross-examination, but this protection falls away where the accused
is charged with the crime of receiving stolen property.
Answer 5
(1) Only statements (a) and (b) are correct.
(2) Only statements (c) and (d) are correct.
(3) Only statement (b) is correct.
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