LEV3701 LAW OF EVIDENCE ASSIGNMENT 2 SEMESTER 2 2026 – COMPLETE ANSWERS
COMPREHENSIVE UNIVERSITY-LEVEL EXAMINATION
SECTION A: GENERAL CONCEPTS AND SOURCES OF THE LAW OF EVIDENCE
1. In terms of South African law, the law of evidence forms part of:
A) Substantive law
B) Adjective law
C) Criminal law
D) Constitutional law
Answer: B – Adjective law. The law of evidence is part of adjective (procedural) law as it
governs the manner in which something is legally proven before the court. It regulates the
proof of facts in court and does not create rights or duties itself.
2. The field of law that generally regulates the proof of facts in a court of law is known
as:
A) Civil Procedure
B) The Law of Evidence
C) Criminal Procedure
D) The Law of Delict
Answer: B – The Law of Evidence. This field specifically regulates how facts are proven in
judicial proceedings.
3. Which of the following is NOT a source of South African law of evidence?
A) Legislation
B) Common law
C) Judicial precedent
D) International law exclusively
,Answer: D – International law exclusively. The sources include legislation, common law,
and judicial precedent. International law may influence but is not an exclusive source.
4. "Probative value" in the law of evidence refers to:
A) The weight a court must give to expert testimony
B) The value of evidence for purposes of proof and its reliability
C) The legal relevance of a document
D) The prejudicial effect of similar fact evidence
Answer: B – Probative value assesses whether the evidence is useful for proving a fact in
issue and whether it does so reliably, weighing its reliability against any prejudicial effect.
5. Probative material refers to:
A) Only presumptions and formal admissions
B) Properly admitted evidence and evidentiary material
C) Only evidentiary material
D) Only documentary evidence
Answer: B – Properly admitted evidence and evidentiary material.
6. Does the word "evidence" only refer to oral evidence?
A) Yes, it only refers to oral statements made in court
B) No, it includes oral evidence, documentary evidence, and objects
C) Yes, only testimony under oath
D) No, it only refers to documentary evidence
Answer: B – "Evidence" essentially consists of oral statements made in court under oath or
affirmation (oral evidence), but it also includes documents (documentary evidence) and
objects (real evidence).
7. Which of the following is NOT a type of evidence recognised in South African law?
A) Oral evidence
B) Documentary evidence
C) Real evidence
D) Circumstantial evidence only
Answer: D – Circumstantial evidence is a category but not the only type; the main types are
oral, documentary, and real evidence.
8. The law of evidence is primarily concerned with:
,A) Creating new legal rights
B) Regulating the proof of facts in court
C) Determining substantive legal duties
D) Establishing criminal liability
Answer: B – The law of evidence regulates the proof of facts in a court of law.
9. When it is said that "the court" makes a finding, this actually means that:
A) Only the judge makes the finding
B) The judicial officer presiding in the case (plus assessors where applicable) is making the
finding
C) The jury makes the finding
D) The registrar of the court makes the finding
Answer: B – The judicial officer presiding in the case, together with assessors where
applicable, constitutes "the court" for purposes of making findings.
10. Which statement about the law of evidence is FALSE?
A) It forms part of adjective law
B) It regulates the proof of facts
C) It creates substantive rights and duties
D) It governs the manner of legal proof before the court
Answer: C – The law of evidence does not create substantive rights or duties; it regulates
procedure.
11. The statement "The Law of Evidence" with capital letters refers to:
A) The general field of evidentiary law
B) The specific course name at UNISA
C) International evidentiary standards
D) Criminal procedure rules
Answer: B – With capitals, it refers to the specific course name. The field of law is generally
referred to as "the law of evidence" in lowercase.
12. Decisions on the admissibility of evidence are made:
A) Only at the end of the trial
B) During the trial
C) Before the trial commences
D) After the trial concludes
, Answer: B – Decisions on admissibility are made during the trial, while decisions on the
weight of evidence are made at the end.
13. Decisions on the weight of evidence are made:
A) During the trial
B) Only at the end of the trial
C) Before the trial commences
D) By the jury only
Answer: B – Decisions on the weight of evidence are made only at the end of the trial.
14. Oral evidence refers to:
A) Evidence given in writing
B) Evidence given by a witness from the witness box
C) Evidence contained in documents
D) Physical objects presented in court
Answer: B – Oral evidence refers to evidence given by a witness from the witness box.
15. Which statement about the presentation of documentary evidence is CORRECT?
A) The party simply hands the document to the court
B) The document must be formally proved before it can be handed in
C) Documentary evidence is always admissible without proof
D) Documents cannot be used as evidence
Answer: B – A party who wants to present documentary evidence must formally prove the
document before it can be admitted.
16. Evidence that is provided by modern technology, such as computers and video
tapes:
A) Is always inadmissible
B) Presents the law of evidence with difficulties that have not yet all been resolved
C) Is governed by the same rules as oral evidence
D) Is never considered real evidence
Answer: B – Modern technology evidence presents difficulties that have not yet all been
fully resolved in the law of evidence.
17. The burden of proof plays an important role during:
COMPREHENSIVE UNIVERSITY-LEVEL EXAMINATION
SECTION A: GENERAL CONCEPTS AND SOURCES OF THE LAW OF EVIDENCE
1. In terms of South African law, the law of evidence forms part of:
A) Substantive law
B) Adjective law
C) Criminal law
D) Constitutional law
Answer: B – Adjective law. The law of evidence is part of adjective (procedural) law as it
governs the manner in which something is legally proven before the court. It regulates the
proof of facts in court and does not create rights or duties itself.
2. The field of law that generally regulates the proof of facts in a court of law is known
as:
A) Civil Procedure
B) The Law of Evidence
C) Criminal Procedure
D) The Law of Delict
Answer: B – The Law of Evidence. This field specifically regulates how facts are proven in
judicial proceedings.
3. Which of the following is NOT a source of South African law of evidence?
A) Legislation
B) Common law
C) Judicial precedent
D) International law exclusively
,Answer: D – International law exclusively. The sources include legislation, common law,
and judicial precedent. International law may influence but is not an exclusive source.
4. "Probative value" in the law of evidence refers to:
A) The weight a court must give to expert testimony
B) The value of evidence for purposes of proof and its reliability
C) The legal relevance of a document
D) The prejudicial effect of similar fact evidence
Answer: B – Probative value assesses whether the evidence is useful for proving a fact in
issue and whether it does so reliably, weighing its reliability against any prejudicial effect.
5. Probative material refers to:
A) Only presumptions and formal admissions
B) Properly admitted evidence and evidentiary material
C) Only evidentiary material
D) Only documentary evidence
Answer: B – Properly admitted evidence and evidentiary material.
6. Does the word "evidence" only refer to oral evidence?
A) Yes, it only refers to oral statements made in court
B) No, it includes oral evidence, documentary evidence, and objects
C) Yes, only testimony under oath
D) No, it only refers to documentary evidence
Answer: B – "Evidence" essentially consists of oral statements made in court under oath or
affirmation (oral evidence), but it also includes documents (documentary evidence) and
objects (real evidence).
7. Which of the following is NOT a type of evidence recognised in South African law?
A) Oral evidence
B) Documentary evidence
C) Real evidence
D) Circumstantial evidence only
Answer: D – Circumstantial evidence is a category but not the only type; the main types are
oral, documentary, and real evidence.
8. The law of evidence is primarily concerned with:
,A) Creating new legal rights
B) Regulating the proof of facts in court
C) Determining substantive legal duties
D) Establishing criminal liability
Answer: B – The law of evidence regulates the proof of facts in a court of law.
9. When it is said that "the court" makes a finding, this actually means that:
A) Only the judge makes the finding
B) The judicial officer presiding in the case (plus assessors where applicable) is making the
finding
C) The jury makes the finding
D) The registrar of the court makes the finding
Answer: B – The judicial officer presiding in the case, together with assessors where
applicable, constitutes "the court" for purposes of making findings.
10. Which statement about the law of evidence is FALSE?
A) It forms part of adjective law
B) It regulates the proof of facts
C) It creates substantive rights and duties
D) It governs the manner of legal proof before the court
Answer: C – The law of evidence does not create substantive rights or duties; it regulates
procedure.
11. The statement "The Law of Evidence" with capital letters refers to:
A) The general field of evidentiary law
B) The specific course name at UNISA
C) International evidentiary standards
D) Criminal procedure rules
Answer: B – With capitals, it refers to the specific course name. The field of law is generally
referred to as "the law of evidence" in lowercase.
12. Decisions on the admissibility of evidence are made:
A) Only at the end of the trial
B) During the trial
C) Before the trial commences
D) After the trial concludes
, Answer: B – Decisions on admissibility are made during the trial, while decisions on the
weight of evidence are made at the end.
13. Decisions on the weight of evidence are made:
A) During the trial
B) Only at the end of the trial
C) Before the trial commences
D) By the jury only
Answer: B – Decisions on the weight of evidence are made only at the end of the trial.
14. Oral evidence refers to:
A) Evidence given in writing
B) Evidence given by a witness from the witness box
C) Evidence contained in documents
D) Physical objects presented in court
Answer: B – Oral evidence refers to evidence given by a witness from the witness box.
15. Which statement about the presentation of documentary evidence is CORRECT?
A) The party simply hands the document to the court
B) The document must be formally proved before it can be handed in
C) Documentary evidence is always admissible without proof
D) Documents cannot be used as evidence
Answer: B – A party who wants to present documentary evidence must formally prove the
document before it can be admitted.
16. Evidence that is provided by modern technology, such as computers and video
tapes:
A) Is always inadmissible
B) Presents the law of evidence with difficulties that have not yet all been resolved
C) Is governed by the same rules as oral evidence
D) Is never considered real evidence
Answer: B – Modern technology evidence presents difficulties that have not yet all been
fully resolved in the law of evidence.
17. The burden of proof plays an important role during:
