LEV3701 Questions and Verified Answers
Probative value Correct Answer: 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 Answer: An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence Correct Answer: that field of law which generally regulates the
proof of facts in a court of law
Proof Correct Answer: 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 Answer: 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 Answer: - 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 Answer: - 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 Answer: 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 Answer: - 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 Answer: 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 Answer: 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)
Probative value Correct Answer: 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 Answer: An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence Correct Answer: that field of law which generally regulates the
proof of facts in a court of law
Proof Correct Answer: 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 Answer: 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 Answer: - 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 Answer: - 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 Answer: 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 Answer: - 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 Answer: 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 Answer: 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)
