,LEV3701 Assignment 1 QUIZ (COMPLETE ANSWERS)
Semester 1 2025 (746996) - DUE 31 March 2025…we wish
you all the best
Question 1
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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.
evidence about a previous consistent statement.
B.
hearsay evidence.
C.
inadmissible opinion evidence.
D.
similar fact evidence.
The correct answer is D. similar fact evidence.
Explanation:
In a civil case, when a plaintiff wants to present evidence from a
criminal trial that is based on the same facts, that evidence may
be used to show that a pattern of behavior or a particular fact
(such as an individual's actions) has occurred in both instances.
This is known as similar fact evidence.
, Similar fact evidence refers to evidence that shows that
the same or similar facts occurred in other situations, and it
is generally admissible to demonstrate a pattern,
consistency, or similarity of actions.
A. Evidence about a previous consistent statement: This
refers to statements made by a person that are consistent
with their testimony. It’s not applicable in this scenario, as
the court finding from the criminal trial is not being used as
a statement from the plaintiff.
B. Hearsay evidence: Hearsay involves statements made
outside of the court that are being used to prove the truth of
the matter asserted. The court finding from a criminal trial
might be a finding of fact, but it is not a statement made by
a person being used to prove the truth of what they said, so
this does not fit the definition of hearsay.
C. Inadmissible opinion evidence: This would refer to an
expert's opinion or any other opinion that is not based on
facts. The criminal court’s finding is not an opinion, it is a
determination of facts based on the trial’s proceedings.
Question 2
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In the case of a residuary clause, our courts must determine …
A.
what the English law currently states.
B.
, what the Roman-Dutch law stated immediately before South
Africa became a Republic in 1961.
C.
what the English law stated immediately before South Africa
became a Republic in 1961.
D.
what the English law stated immediately before the Constitution
of the Republic of South African came into force in 1996.
Clear my choice
Question 3
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Consider the following statements about real evidence and
choose the correct option:
A.
Blood and tissue, as well as DNA, are examples of expert
evidence that need to be explained by someone with knowledge
in this regard.
B.
When footprints are used as evidence, an enlargement of the
accused’s footprint is compared in court with that of a footprint
found at the scene of the crime. If seven points of similarity are
found, this will usually amount to proof beyond reasonable
doubt that the same person made the two sets of prints.
C.
When fingerprints are used, 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 of similarity are found,
Semester 1 2025 (746996) - DUE 31 March 2025…we wish
you all the best
Question 1
Marked out of 1.00
Flag question
Question text
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.
evidence about a previous consistent statement.
B.
hearsay evidence.
C.
inadmissible opinion evidence.
D.
similar fact evidence.
The correct answer is D. similar fact evidence.
Explanation:
In a civil case, when a plaintiff wants to present evidence from a
criminal trial that is based on the same facts, that evidence may
be used to show that a pattern of behavior or a particular fact
(such as an individual's actions) has occurred in both instances.
This is known as similar fact evidence.
, Similar fact evidence refers to evidence that shows that
the same or similar facts occurred in other situations, and it
is generally admissible to demonstrate a pattern,
consistency, or similarity of actions.
A. Evidence about a previous consistent statement: This
refers to statements made by a person that are consistent
with their testimony. It’s not applicable in this scenario, as
the court finding from the criminal trial is not being used as
a statement from the plaintiff.
B. Hearsay evidence: Hearsay involves statements made
outside of the court that are being used to prove the truth of
the matter asserted. The court finding from a criminal trial
might be a finding of fact, but it is not a statement made by
a person being used to prove the truth of what they said, so
this does not fit the definition of hearsay.
C. Inadmissible opinion evidence: This would refer to an
expert's opinion or any other opinion that is not based on
facts. The criminal court’s finding is not an opinion, it is a
determination of facts based on the trial’s proceedings.
Question 2
Marked out of 1.00
Flag question
Question text
In the case of a residuary clause, our courts must determine …
A.
what the English law currently states.
B.
, what the Roman-Dutch law stated immediately before South
Africa became a Republic in 1961.
C.
what the English law stated immediately before South Africa
became a Republic in 1961.
D.
what the English law stated immediately before the Constitution
of the Republic of South African came into force in 1996.
Clear my choice
Question 3
Not yet answered
Marked out of 1.00
Flag question
Question text
Consider the following statements about real evidence and
choose the correct option:
A.
Blood and tissue, as well as DNA, are examples of expert
evidence that need to be explained by someone with knowledge
in this regard.
B.
When footprints are used as evidence, an enlargement of the
accused’s footprint is compared in court with that of a footprint
found at the scene of the crime. If seven points of similarity are
found, this will usually amount to proof beyond reasonable
doubt that the same person made the two sets of prints.
C.
When fingerprints are used, 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 of similarity are found,
