LEV3701 with Actual Complete Questions and
Correct Verified Answer with Detailed Rationales
Already Graded A+ | 2026/2027
Probative value - 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 - ANSWER✔✨-An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - ANSWER✔✨-that field of law which generally regulates the proof of facts in a
court of law
Proof - 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 - 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 - 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 - 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 - 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 - 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 - 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 - ANSWER✔✨-A privileged doc gives the holder of that privilege 2 options
1) She may waive the privilege (and use the doc)
Correct Verified Answer with Detailed Rationales
Already Graded A+ | 2026/2027
Probative value - 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 - ANSWER✔✨-An admission can be defined as
- a statement
- or conduct
- adverse to the person from whom it emanates
Law of evidence - ANSWER✔✨-that field of law which generally regulates the proof of facts in a
court of law
Proof - 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 - 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 - 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 - 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 - 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 - 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 - 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 - ANSWER✔✨-A privileged doc gives the holder of that privilege 2 options
1) She may waive the privilege (and use the doc)
