LEV3701 EXAM
QUESTION AND
ANSWERS NOVEMBER
2023
100% PASS GUARANTED
TV 0825931603
,MCQ – QUESTIONS AND ANSWERS
1. Consider the following statements and choose the correct option:
a. Children between the ages of 7 and 14 years of age are rebuttably presumed to be able
to testify, while children under 7 years of age are incompetent to testify.
b. Children under seven years of age are incompetent to testify in a court.
c. A child under seven years of age will be competent to give evidence if she understands
what it means to tell the truth, has sufficient intelligence, and can communicate
effectively.
d. A dispute over the competence of a child to testify must always be determined before a
criminal trial starts in court.
2. Consider the following statements and choose the correct option:
a. In a civil case, the court is free to call witnesses out of its own accord and without the
consent of the parties involved.
b. A question that suggests the required answer to the question is not allowed
during examination-in-chief.
c. After both parties in a criminal matter have presented evidence, the accused may ask
to be discharged in terms of section 174 of the Criminal Procedure Act 51 of 1977.
d. Re-examination is undertaken by the party who called the witness and
leading questions are allowed.
3. Consider the following statements and choose the correct option:
a. A criminal case starts off with the accused who presents evidence first.
b. In a civil trial, the plaintiff is the party who must first present evidence when the case
starts.
c. Refreshing of memory by a witness can only take place before such a witness starts
giving evidence in court.
d. Oral evidence is presented in the following order: firstly, examination-in-chief, thereafter
re-examination, and lastly, cross-examination.
4. Consider the following statements about previous consistent statements and choose the
correct statement:
a. A previous consistent statement is normally made by an accused during police custody.
b. Evidence of a complaint in a sexual case is exceptionally admitted as a matter going
towards the complainant’s credibility and is, therefore, corroborative evidence.
c. There is question of a previous consistent statement when a witness repeats a
consistent statement made by another witness on a previous occasion, which serves as
self-corroboration for the other witness.
d. A previous consistent statement is a statement which is similar to a statement made by
someone on a previous occasion in court.
5. Consider the following statements, and choose the correct option:
a. If evidence is logically relevant, the question about the weight of that evidence does not
arise.
, MCQ – QUESTIONS AND ANSWERS
b. Usually, once evidence has been found to be admissible, its weight will not again be
considered during the trial.
c. A finding by a court that a particular piece of evidence is inadmissible due to irrelevance
is final and cannot be reconsidered during the trial.
d. 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 to reinforce overriding notions of
fairness.
6. Consider the following statements, and choose the correct option:
a. Evidence derived from pocket calculators is free from human intervention and is
therefore considered to be documentary evidence.
b. Evidence which intends to prove the content of a document will be hearsay evidence.
c. If the content of a document must be proved, secondary evidence will sometimes be
accepted, but it must always be in a written form.
d. 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 rule against the
admissibility of previous consistent statements.
7. Consider the following statements, and choose the correct option:
a. Section 195 of the Criminal Procedure Act 51 of 1977 states that a spouse is competent
to give evidence on behalf of the prosecution, but that she can be compelled to testify
only in certain circumstances. This rule does not, however, apply to persons who are
divorce.
b. Where a presiding officer in a court perceives a certain fact in the court over which he or
she is presiding, he will be competent to testify on such fact in that court.
c. Mr Brawn and Mr Brains are co-accused. Mr Brawn wants to call Mrs Brains as a witness.
Mrs Brains is competent to testify in defence of Mr Brawn, but she cannot be compelled
to do so. She can, however, be compelled to testify in defence of Mr Brains.
d. An accused is a competent witness in his own defence and can also be compelled to
testify by a co-accused.
8. Consider the following statements and choose the correct option:
a. Section 35(2) of the Constitution provides that every detained person has the right to
choose, and to consult with a legal practitioner, and to be informed of this right
promptly.
b. Section 35(1) of the Constitution provides that every accused person has the right to be
informed promptly of the reason for being detained.
c. Section 36(1) of the Constitution provides that rights which are granted in terms of
chapter 2 of the Constitution, may be limited by statute and the common law. The two
most important factors that play a role here are the right to a fair trial and the
administration of justice.
QUESTION AND
ANSWERS NOVEMBER
2023
100% PASS GUARANTED
TV 0825931603
,MCQ – QUESTIONS AND ANSWERS
1. Consider the following statements and choose the correct option:
a. Children between the ages of 7 and 14 years of age are rebuttably presumed to be able
to testify, while children under 7 years of age are incompetent to testify.
b. Children under seven years of age are incompetent to testify in a court.
c. A child under seven years of age will be competent to give evidence if she understands
what it means to tell the truth, has sufficient intelligence, and can communicate
effectively.
d. A dispute over the competence of a child to testify must always be determined before a
criminal trial starts in court.
2. Consider the following statements and choose the correct option:
a. In a civil case, the court is free to call witnesses out of its own accord and without the
consent of the parties involved.
b. A question that suggests the required answer to the question is not allowed
during examination-in-chief.
c. After both parties in a criminal matter have presented evidence, the accused may ask
to be discharged in terms of section 174 of the Criminal Procedure Act 51 of 1977.
d. Re-examination is undertaken by the party who called the witness and
leading questions are allowed.
3. Consider the following statements and choose the correct option:
a. A criminal case starts off with the accused who presents evidence first.
b. In a civil trial, the plaintiff is the party who must first present evidence when the case
starts.
c. Refreshing of memory by a witness can only take place before such a witness starts
giving evidence in court.
d. Oral evidence is presented in the following order: firstly, examination-in-chief, thereafter
re-examination, and lastly, cross-examination.
4. Consider the following statements about previous consistent statements and choose the
correct statement:
a. A previous consistent statement is normally made by an accused during police custody.
b. Evidence of a complaint in a sexual case is exceptionally admitted as a matter going
towards the complainant’s credibility and is, therefore, corroborative evidence.
c. There is question of a previous consistent statement when a witness repeats a
consistent statement made by another witness on a previous occasion, which serves as
self-corroboration for the other witness.
d. A previous consistent statement is a statement which is similar to a statement made by
someone on a previous occasion in court.
5. Consider the following statements, and choose the correct option:
a. If evidence is logically relevant, the question about the weight of that evidence does not
arise.
, MCQ – QUESTIONS AND ANSWERS
b. Usually, once evidence has been found to be admissible, its weight will not again be
considered during the trial.
c. A finding by a court that a particular piece of evidence is inadmissible due to irrelevance
is final and cannot be reconsidered during the trial.
d. 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 to reinforce overriding notions of
fairness.
6. Consider the following statements, and choose the correct option:
a. Evidence derived from pocket calculators is free from human intervention and is
therefore considered to be documentary evidence.
b. Evidence which intends to prove the content of a document will be hearsay evidence.
c. If the content of a document must be proved, secondary evidence will sometimes be
accepted, but it must always be in a written form.
d. 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 rule against the
admissibility of previous consistent statements.
7. Consider the following statements, and choose the correct option:
a. Section 195 of the Criminal Procedure Act 51 of 1977 states that a spouse is competent
to give evidence on behalf of the prosecution, but that she can be compelled to testify
only in certain circumstances. This rule does not, however, apply to persons who are
divorce.
b. Where a presiding officer in a court perceives a certain fact in the court over which he or
she is presiding, he will be competent to testify on such fact in that court.
c. Mr Brawn and Mr Brains are co-accused. Mr Brawn wants to call Mrs Brains as a witness.
Mrs Brains is competent to testify in defence of Mr Brawn, but she cannot be compelled
to do so. She can, however, be compelled to testify in defence of Mr Brains.
d. An accused is a competent witness in his own defence and can also be compelled to
testify by a co-accused.
8. Consider the following statements and choose the correct option:
a. Section 35(2) of the Constitution provides that every detained person has the right to
choose, and to consult with a legal practitioner, and to be informed of this right
promptly.
b. Section 35(1) of the Constitution provides that every accused person has the right to be
informed promptly of the reason for being detained.
c. Section 36(1) of the Constitution provides that rights which are granted in terms of
chapter 2 of the Constitution, may be limited by statute and the common law. The two
most important factors that play a role here are the right to a fair trial and the
administration of justice.
