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LEV3701 Terms in this set (47) 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€6,83
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LEV3701 Terms in this set (47) 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
LEV3701
Terms in this set (47)
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...
means value for purposes of proof. This means not only, "what will the hearsay evidence
Probative value
prove if admitted?", but "will it do so reliably?"
An admission can be defined as
- a statement
Admission
- 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 of a fact means that the court has received probative material with regard to such
Proof
fact and has accepted such fact as being the truth for purposes of the specific case
consists of oral statements made in court under oath or affirmation or warning (oral
Evidence evidence). Also includes documents (documentary evidence) and objects (real
evidence) produced and received in court
- remainder, rest, that which is left
Residuary sections - a section in a SA statute which incorporates a part of foreign law into our law, and
thereby preserves something of the foreign law.
- 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
6 requirements that should be met before a - the record must have been made while the facts were still fresh in the memory of the
witness will be allowed to refresh her witness
memory while in the witness box - 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 to avoid inadvertent admission of hearsay evidence
knowledge of the recorded event
- generally, witness must have made the recording personally. 2 exceptions
Requirements related to the origins of a doc 1) where the witness has given instructions for the recording to take place, in which the
which a witness wishes to consult to refresh original recorder must also testify
her memory 2) where the witness has read the record and accepted its accuracy, in which event the
LEV3701
original recorder need not testify
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When is it not compulsory to use the original where the opponent fails to object, or where it can be shown that the original has been
document lost or destroyed.
How should a witness deal with any privilege A privileged doc gives the holder of that privilege 2 options
that she may have on information in the 1) She may waive the privilege (and use the doc)
document 2) She may claim the privilege (but then she cannot use the doc)
1) to elicit evidence that supports the cross examiners case
Purpose of cross examination
2) to case doubt on the credibility of the opposing party's witness
- undertaken by the party who had called the witness
Re-examination - leading questions are not permissible
- confined to matters arising from cross examination
- by withdrawing the charge against the co-accused
How can the state call someone who had - by finding the co-accused not guilty
previously been a co-accused to testify - 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
- there is evidence that the original has been destroyed or cannot be located after a
diligent search
4 circumstances in which secondary - production of the original would be illegal
evidence of a document will be permitted - 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
1. The author, executor or signatory of the doc
2. A witness
A document may be authenticated by the
3. A person who can identify the handwriting or signature
following perosna
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
a data message means data generated, sent, received or stored by electronic means
Definition of a data message and includes voice (where the voice is used in an automated transaction) and a stored
record.
Test for relevance as stated in R v Mapanza Any facts are so relevant if from their existence inferences may properly be drawn as to
1915 the existence of the fact in issue
a) that the accused has committed an offence other than the one he is charged with
The initial part of S197 CPA, protects an b) that the accused has been convicted of an offence other than the one he is charged
accused against answering certain questions. with
Name the four categories of questions for c) that the accused has been charged with an offence other than the one he is currently
which protection is granted. charged with
d) that the accused is of bad character
What is the general rule regarding evidence it is inadmissible
of an accused's previous convictions?
What does section 211 state about the cross the accused may not be asked whether he has previously been convicted
examination of the accused
- section 211 deals with any previous conviction
- in the case of similar fact evidence, the previous conviction has to be similar to the
What is the relationship between section 211
current one.
and the rule against the admissibility of
- in the latter event, the principles governing the admissibility of similar fact evidence
similar fact evidence
will take precedence over section 211, owing to the operation of section 252 of the CPA,
which applies the law that was in force on 30 May 1961
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