and Correct Answers | New
Update
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
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