Evidence
Created @October 26, 2022 11:14 AM
Class
Type
Materials
Reviewed
fill in notes from textbook pg 304
What is the law of evidence?
rules that apply to trials
Works with civil and criminal procedure to determine the kind of evidence needed in
a case to prove claims
codified in legislation
Civil proceedings evidence act 25 of 1965
Criminal procedure act 51 of 1977
Types of evidence
Admissable
Oral evidence
Evidence 1
, most common
witness prevents their version of eventsss
gives own account of what happened
accounts withstand cross examination
Cautionary rule: oral evidence treated with caution becaise its not viewed as
reliable. Single witness, child, sexual misconduct
Expert evidence: one called as a witness because of expertise in a particular area.
Assists the court in deciding whoch version of events is true
Documentary Evidence
Best version → the more original the document, the more weight it holds as
evidence
needs to be authenticated and introduced by expert testimony
the document must be relevant to the matter
Real evidence
evidence in the form of objects relevant to the matter
murder weapon, clothes, animals, photgraphs etc.
conduct an Inspectio in loco - judge and all parties travel to area of the dispute
Electronic evidence
Electronic commincations and transactions act 25 of 2002 - admission of electronic
data and data messages as evidence in court
depends on:
reliability of manner in which data was generated, stores or communicated
reliability in which the integrity of the data message was maintained
manner in which its originator was identified
Evidence 2
Created @October 26, 2022 11:14 AM
Class
Type
Materials
Reviewed
fill in notes from textbook pg 304
What is the law of evidence?
rules that apply to trials
Works with civil and criminal procedure to determine the kind of evidence needed in
a case to prove claims
codified in legislation
Civil proceedings evidence act 25 of 1965
Criminal procedure act 51 of 1977
Types of evidence
Admissable
Oral evidence
Evidence 1
, most common
witness prevents their version of eventsss
gives own account of what happened
accounts withstand cross examination
Cautionary rule: oral evidence treated with caution becaise its not viewed as
reliable. Single witness, child, sexual misconduct
Expert evidence: one called as a witness because of expertise in a particular area.
Assists the court in deciding whoch version of events is true
Documentary Evidence
Best version → the more original the document, the more weight it holds as
evidence
needs to be authenticated and introduced by expert testimony
the document must be relevant to the matter
Real evidence
evidence in the form of objects relevant to the matter
murder weapon, clothes, animals, photgraphs etc.
conduct an Inspectio in loco - judge and all parties travel to area of the dispute
Electronic evidence
Electronic commincations and transactions act 25 of 2002 - admission of electronic
data and data messages as evidence in court
depends on:
reliability of manner in which data was generated, stores or communicated
reliability in which the integrity of the data message was maintained
manner in which its originator was identified
Evidence 2
