Assessment 1 Second semester 2023
Question 1
Consider the following statements and choose the correct option:
a) At common law, public documents are admissible to prove the truth of what they
contain. This means that they are treated as an exception to the hearsay rule.
b) A title deed, a birth certificate and a passport are examples of public documents.
c) In terms of section 37 of the Civil Proceedings Evidence Act 25 of 1965, documents
which are proved to be not less than 15 years old, and come from proper custody,
are presumed to have been duly executed if there is nothing to suggest the contrary.
d) If the contents of a document must be proved, secondary evidence will sometimes
be accepted, but it always must be in written form.
Question 2
Consider the following statements and choose the correct option:
a) When the court has declared someone a hostile witness, such a witness may be
cross-examined by the party who called the witness.
b) Only after the accused in a criminal matter has presented evidence, may he or she
ask to be discharged in terms of section 174 of the Criminal Procedure Act 51 of
1977.
c) In a criminal case, the court cannot call witnesses out of its own accord and without
the consent of both the prosecution and the defence.
d) A witness who wishes to rely on privilege, such as the privilege against self-
incrimination, may refuse to enter the witness box.
Question 3
A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged with
murder. A's wife is a witness. A's wife is ...
a) both an identifying witness and a single witness.
b) only an identifying witness.
c) only a single witness.
d) incompetent to testify on behalf of the state.
Question 4
In the case of a residuary clause, our courts must determine …
a) what the English law stated immediately before the Constitution of the Republic of
South African came into force in 1996.
b) what the Roman-Dutch law stated immediately before South Africa became a
Republic in 1961.
c) what the English law currently states.
d) what the English law stated immediately before South Africa became a Republic in
1961.
Question 5
,Mr A and Mr B are jointly charged with the murder of A’s son, C. Mr A and Mr B are married
to Mrs A and Mrs B respectively. Consider the following statements and choose the correct
option:
a) Mrs A can be compelled to testify in defence of Mr B.
b) Mr B is competent to testify in defence of Mr A.
c) Mrs B can be compelled to testify against Mr B.
d) Mr A can be compelled to testify against Mr B.
Question 6
Consider the following statements about the onus of proof and the evidentiary burden and
choose the correct option:
a) The Court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the
Criminal Procedure Act 51 of 1977 to mean that a defence of sane automatism now
imposes a burden of proof on the accused and not merely an obligation to raise the
defence.
b) At the start of a criminal trial, the state is only burdened with the burden of proof.
c) The accused bears the onus of proof regarding a defence of criminal non-
responsibility on account of mental illness or mental defect.
d) When the onus of proof in criminal matters rests upon the defence, proof beyond a
reasonable doubt is required.
Question 7
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....
a) circumstantial evidence.
b) evidence about a previous consistent statement.
c) hearsay evidence.
d) opinion evidence.
Question 8
The accused is forced to point out the gun that he used to kill his wife. The gun, which has
the accused’s fingerprints on it, will be …
a) admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
b) inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
c) admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
d) inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
Question 9
During a civil matter, the plaintiff wants to present the record of the court’s finding in a
criminal trial as evidence in the civil matter that is based on the same facts. The evidence
will be …
a) similar fact evidence.
b) inadmissible opinion evidence.
c) hearsay evidence.
d) evidence about a previous consistent statement.
, Question 10
Consider the following statements regarding marital privilege and choose the correct option:
a) Marital privilege belongs to the party who made a specific communication.
b) A third party that overhears a conversation between two spouses cannot testify
about that communication in a court of law.
c) 3. Marital privilege applies to communications made during the marriage. If the
spouses get divorced, that privilege will no longer apply to communications made
during the marriage.
d) During a domestic violence dispute, a husband points a gun at his wife and verbalises
his intention to kill her and the children. In a following criminal case, the wife can be
compelled to testify about the pointing of the gun but can refuse to testify about
what the husband said to her during the dispute.
Question 11
Cocky receives a summons in which his girlfriend institutes a civil action against him. She
claims for damages because of a stab wound inflicted by Cocky. Cocky consults his lawyer,
who draws up the plea, which includes the following statement: “Cocky stabbed the plaintiff
in self-defence.” This statement is ...
a) a formal admission.
b) an informal admission.
c) hearsay.
d) a confession.
Question 12
Lucky is on trial for the murder of his wife. The prosecution claims that Lucky committed the
murder by poisoning his wife with arsenic. Lucky’s defence is that his wife committed
suicide. Innocent, an attorney, is called by the prosecution to testify that the accused
approached him in his professional capacity for legal advice and, during their discussions,
admitted to having killed his wife. Innocent subsequently declined to represent Lucky.
Innocent’s testimony …
a) will be admissible, because Lucky had told him of a crime that had already been
completed.
b) will be inadmissible, because the communication was privileged.
c) will be admissible, because he decided not to represent Lucky.
d) will be inadmissible, because it is hearsay evidence.
Question 13
Consider the following statements about the admissibility of admissions and confessions and
choose the correct option:
a) A confession made to a messenger of the court must be confirmed and reduced to
writing in the presence of a magistrate or peace officer to be admissible.
b) If a confession is made to a justice of the peace, it must be confirmed and reduced to
writing in the presence of a magistrate.
Question 1
Consider the following statements and choose the correct option:
a) At common law, public documents are admissible to prove the truth of what they
contain. This means that they are treated as an exception to the hearsay rule.
b) A title deed, a birth certificate and a passport are examples of public documents.
c) In terms of section 37 of the Civil Proceedings Evidence Act 25 of 1965, documents
which are proved to be not less than 15 years old, and come from proper custody,
are presumed to have been duly executed if there is nothing to suggest the contrary.
d) If the contents of a document must be proved, secondary evidence will sometimes
be accepted, but it always must be in written form.
Question 2
Consider the following statements and choose the correct option:
a) When the court has declared someone a hostile witness, such a witness may be
cross-examined by the party who called the witness.
b) Only after the accused in a criminal matter has presented evidence, may he or she
ask to be discharged in terms of section 174 of the Criminal Procedure Act 51 of
1977.
c) In a criminal case, the court cannot call witnesses out of its own accord and without
the consent of both the prosecution and the defence.
d) A witness who wishes to rely on privilege, such as the privilege against self-
incrimination, may refuse to enter the witness box.
Question 3
A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged with
murder. A's wife is a witness. A's wife is ...
a) both an identifying witness and a single witness.
b) only an identifying witness.
c) only a single witness.
d) incompetent to testify on behalf of the state.
Question 4
In the case of a residuary clause, our courts must determine …
a) what the English law stated immediately before the Constitution of the Republic of
South African came into force in 1996.
b) what the Roman-Dutch law stated immediately before South Africa became a
Republic in 1961.
c) what the English law currently states.
d) what the English law stated immediately before South Africa became a Republic in
1961.
Question 5
,Mr A and Mr B are jointly charged with the murder of A’s son, C. Mr A and Mr B are married
to Mrs A and Mrs B respectively. Consider the following statements and choose the correct
option:
a) Mrs A can be compelled to testify in defence of Mr B.
b) Mr B is competent to testify in defence of Mr A.
c) Mrs B can be compelled to testify against Mr B.
d) Mr A can be compelled to testify against Mr B.
Question 6
Consider the following statements about the onus of proof and the evidentiary burden and
choose the correct option:
a) The Court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the
Criminal Procedure Act 51 of 1977 to mean that a defence of sane automatism now
imposes a burden of proof on the accused and not merely an obligation to raise the
defence.
b) At the start of a criminal trial, the state is only burdened with the burden of proof.
c) The accused bears the onus of proof regarding a defence of criminal non-
responsibility on account of mental illness or mental defect.
d) When the onus of proof in criminal matters rests upon the defence, proof beyond a
reasonable doubt is required.
Question 7
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....
a) circumstantial evidence.
b) evidence about a previous consistent statement.
c) hearsay evidence.
d) opinion evidence.
Question 8
The accused is forced to point out the gun that he used to kill his wife. The gun, which has
the accused’s fingerprints on it, will be …
a) admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
b) inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
c) admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.
d) inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977.
Question 9
During a civil matter, the plaintiff wants to present the record of the court’s finding in a
criminal trial as evidence in the civil matter that is based on the same facts. The evidence
will be …
a) similar fact evidence.
b) inadmissible opinion evidence.
c) hearsay evidence.
d) evidence about a previous consistent statement.
, Question 10
Consider the following statements regarding marital privilege and choose the correct option:
a) Marital privilege belongs to the party who made a specific communication.
b) A third party that overhears a conversation between two spouses cannot testify
about that communication in a court of law.
c) 3. Marital privilege applies to communications made during the marriage. If the
spouses get divorced, that privilege will no longer apply to communications made
during the marriage.
d) During a domestic violence dispute, a husband points a gun at his wife and verbalises
his intention to kill her and the children. In a following criminal case, the wife can be
compelled to testify about the pointing of the gun but can refuse to testify about
what the husband said to her during the dispute.
Question 11
Cocky receives a summons in which his girlfriend institutes a civil action against him. She
claims for damages because of a stab wound inflicted by Cocky. Cocky consults his lawyer,
who draws up the plea, which includes the following statement: “Cocky stabbed the plaintiff
in self-defence.” This statement is ...
a) a formal admission.
b) an informal admission.
c) hearsay.
d) a confession.
Question 12
Lucky is on trial for the murder of his wife. The prosecution claims that Lucky committed the
murder by poisoning his wife with arsenic. Lucky’s defence is that his wife committed
suicide. Innocent, an attorney, is called by the prosecution to testify that the accused
approached him in his professional capacity for legal advice and, during their discussions,
admitted to having killed his wife. Innocent subsequently declined to represent Lucky.
Innocent’s testimony …
a) will be admissible, because Lucky had told him of a crime that had already been
completed.
b) will be inadmissible, because the communication was privileged.
c) will be admissible, because he decided not to represent Lucky.
d) will be inadmissible, because it is hearsay evidence.
Question 13
Consider the following statements about the admissibility of admissions and confessions and
choose the correct option:
a) A confession made to a messenger of the court must be confirmed and reduced to
writing in the presence of a magistrate or peace officer to be admissible.
b) If a confession is made to a justice of the peace, it must be confirmed and reduced to
writing in the presence of a magistrate.
