LEV3701 || A+ Guaranteed.
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
2) where the witness has read the record and accepted its accuracy, in which event the
original recorder need not testify
When is it not compulsory to use the original document correct answers where the opponent
fails to object, or where it can be shown that the original has been lost or destroyed.
, How should a witness deal with any privilege that she may have on information in the
document correct answers A privileged doc gives the holder of that privilege 2 options
1) She may waive the privilege (and use the doc)
2) She may claim the privilege (but then she cannot use the doc)
Purpose of cross examination correct answers 1) to elicit evidence that supports the cross
examiners case
2) to case doubt on the credibility of the opposing party's witness
Re-examination correct answers - undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
How can the state call someone who had previously been a co-accused to testify correct
answers - by withdrawing the charge against the co-accused
- by finding the co-accused not guilty
- by the co-accused entering a plea of guilty
- if the trials of the accused and co-accused are separated for some other valid reason
4 circumstances in which secondary evidence of a document will be permitted correct
answers - there is evidence that the original has been destroyed or cannot be located after a
diligent search
- production of the original would be illegal
- production of the original is impossible
- the original is in possession of the opposing party or a third party, who refuses to produce it
or who cannot be compelled to produce it
A document may be authenticated by the following perosna correct answers 1. The author,
executor or signatory of the doc
2. A witness
3. A person who can identify the handwriting or signature
4. A person who found a document in the possession or control of an opponent
5. A person who has lawful control and custody of a document
Definition of a data message correct answers a data message means data generated, sent,
received or stored by electronic means and includes voice (where the voice is used in an
automated transaction) and a stored record.
Test for relevance as stated in R v Mapanza 1915 correct answers Any facts are so relevant if
from their existence inferences may properly be drawn as to the existence of the fact in issue
The initial part of S197 CPA, protects an accused against answering certain questions. Name
the four categories of questions for which protection is granted. correct answers a) that the
accused has committed an offence other than the one he is charged with
b) that the accused has been convicted of an offence other than the one he is charged with
c) that the accused has been charged with an offence other than the one he is currently
charged with
d) that the accused is of bad character
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
2) where the witness has read the record and accepted its accuracy, in which event the
original recorder need not testify
When is it not compulsory to use the original document correct answers where the opponent
fails to object, or where it can be shown that the original has been lost or destroyed.
, How should a witness deal with any privilege that she may have on information in the
document correct answers A privileged doc gives the holder of that privilege 2 options
1) She may waive the privilege (and use the doc)
2) She may claim the privilege (but then she cannot use the doc)
Purpose of cross examination correct answers 1) to elicit evidence that supports the cross
examiners case
2) to case doubt on the credibility of the opposing party's witness
Re-examination correct answers - undertaken by the party who had called the witness
- leading questions are not permissible
- confined to matters arising from cross examination
How can the state call someone who had previously been a co-accused to testify correct
answers - by withdrawing the charge against the co-accused
- by finding the co-accused not guilty
- by the co-accused entering a plea of guilty
- if the trials of the accused and co-accused are separated for some other valid reason
4 circumstances in which secondary evidence of a document will be permitted correct
answers - there is evidence that the original has been destroyed or cannot be located after a
diligent search
- production of the original would be illegal
- production of the original is impossible
- the original is in possession of the opposing party or a third party, who refuses to produce it
or who cannot be compelled to produce it
A document may be authenticated by the following perosna correct answers 1. The author,
executor or signatory of the doc
2. A witness
3. A person who can identify the handwriting or signature
4. A person who found a document in the possession or control of an opponent
5. A person who has lawful control and custody of a document
Definition of a data message correct answers a data message means data generated, sent,
received or stored by electronic means and includes voice (where the voice is used in an
automated transaction) and a stored record.
Test for relevance as stated in R v Mapanza 1915 correct answers Any facts are so relevant if
from their existence inferences may properly be drawn as to the existence of the fact in issue
The initial part of S197 CPA, protects an accused against answering certain questions. Name
the four categories of questions for which protection is granted. correct answers a) that the
accused has committed an offence other than the one he is charged with
b) that the accused has been convicted of an offence other than the one he is charged with
c) that the accused has been charged with an offence other than the one he is currently
charged with
d) that the accused is of bad character
