LEV3701 EXAM PACK
2025 UPDATED.
, Probative value - CORRECT ANSWERS-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 - CORRECT ANSWERS-An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - CORRECT ANSWERS-that field of law which generally regulates the
proof of facts in a court of law
Proof - CORRECT ANSWERS-proof of a fact means that the court has received
probative material with regard to such fact and has accepted such fact as being the
truth for purposes of the specific case
Evidence - CORRECT ANSWERS-consists of oral statements made in court under oath
or affirmation or warning (oral evidence). Also includes documents (documentary
evidence) and objects (real evidence) produced and received in court
Residuary sections - CORRECT ANSWERS-- remainder, rest, that which is left
- a section in a SA statute which incorporates a part of foreign law into our law, and
thereby preserves something of the foreign law.
6 requirements that should be met before a witness will be allowed to refresh her
memory while in the witness box - CORRECT ANSWERS-- 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
- the record must have been made while the facts were still fresh in the memory of the
witness
- 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 knowledge of the recorded event -
CORRECT ANSWERS-to avoid inadvertent admission of hearsay evidence
Requirements related to the origins of a doc which a witness wishes to consult to
refresh her memory - CORRECT ANSWERS-- generally, witness must have made the
recording personally. 2 exceptions
1) where the witness has given instructions for the recording to take place, in which the
original recorder must also testify
2025 UPDATED.
, Probative value - CORRECT ANSWERS-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 - CORRECT ANSWERS-An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - CORRECT ANSWERS-that field of law which generally regulates the
proof of facts in a court of law
Proof - CORRECT ANSWERS-proof of a fact means that the court has received
probative material with regard to such fact and has accepted such fact as being the
truth for purposes of the specific case
Evidence - CORRECT ANSWERS-consists of oral statements made in court under oath
or affirmation or warning (oral evidence). Also includes documents (documentary
evidence) and objects (real evidence) produced and received in court
Residuary sections - CORRECT ANSWERS-- remainder, rest, that which is left
- a section in a SA statute which incorporates a part of foreign law into our law, and
thereby preserves something of the foreign law.
6 requirements that should be met before a witness will be allowed to refresh her
memory while in the witness box - CORRECT ANSWERS-- 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
- the record must have been made while the facts were still fresh in the memory of the
witness
- 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 knowledge of the recorded event -
CORRECT ANSWERS-to avoid inadvertent admission of hearsay evidence
Requirements related to the origins of a doc which a witness wishes to consult to
refresh her memory - CORRECT ANSWERS-- generally, witness must have made the
recording personally. 2 exceptions
1) where the witness has given instructions for the recording to take place, in which the
original recorder must also testify
