LEV3701
EXAM PACK
,LEV3701 – LAW OF EVIDENCE
PRCATICE Q&A OCTBER/NOVEMBER
SECTION 1
Question 1
Consider the statements below and select the correct option:
1. Photographs, wills, books and drawings can all be classified as forms of
documentary evidence.
2. Section 233 of the Criminal Procedure Act 51 of 1977 permits certified copies of
public documents to be admitted in civil proceedings, provided the prescribed
requirements are satisfied.
3. A title deed and a baptismal certificate are examples of public documents.
4. A subpoena duces tecum is generally used in civil and criminal proceedings to
compel the production of specified documents.
Question 2
During cross-examination:
1. It is never permissible to question an accused about offences other than the
offence with which he or she is charged.
2. The cross-examiner may ask leading questions and may also question the
witness on matters relevant solely to credibility.
3. It is always permissible to question an accused about other offences that are
unrelated to the charge being faced.
4. It is permissible to attack the character of an accused without restriction.
Question 3
,In relation to documentary evidence, a copy of a person's identity document is best
classified as:
1. Secondary evidence.
2. Hearsay evidence.
3. Indirect evidence.
4. Primary evidence.
Question 4
Public documents:
a. Constitute an exception to the hearsay rule.
b. Are protected by private privilege.
c. Include every document that is not a private document.
d. Must comply with the hearsay rule where the contents of the document are in dispute.
Question 5
Consider the following statements concerning admissions and confessions and select
the correct option:
1. A statement intended to be exculpatory may nevertheless amount to an
admission where its ultimate effect is detrimental to the person who made it.
2. By definition, confessions can also arise in civil proceedings.
3. In S v Grove-Mitchell 1975 (3) SA 417 (A), the statement, “I shot her full of holes,
I emptied the gun on her”, constitutes a confession.
4. Informal admissions are described as such because they are always made
outside court and before the commencement of a trial.
Question 6
Consider the following propositions concerning marital privilege and identify the correct
option:
, 1. During a domestic-violence incident, a husband points a firearm at his wife and
states that he intends to kill her and their children. If criminal proceedings follow,
the wife may be compelled to testify about the pointing of the firearm but may
refuse to disclose what her husband said to her.
2. Marital privilege applies to communications made during the marriage, but once
the spouses divorce, the privilege no longer protects communications made while
they were married.
3. A third party who overhears a conversation between spouses is prohibited from
giving evidence about that conversation in court.
4. Marital privilege belongs to the person who made the particular communication.
Question 7
A kills his wife's lover in her presence and is subsequently charged with murder. A's
wife is called as a witness. She is:
1. Merely an identifying witness.
2. Both an identifying witness and a single witness.
3. Incompetent to testify for the State.
4. Merely a single witness.
Question 8
A bank is robbed and the police later discover metal containers holding money in a
ditch. The containers are identified as those stolen from the bank. Several days later,
the accused is arrested and makes a confession implicating himself in the robbery. The
confession does not satisfy the admissibility requirements of section 217 of the Criminal
Procedure Act 51 of 1977. After making the confession, the accused leads the police to
the ditch and identifies the location where the money was hidden.
Select the correct statement:
EXAM PACK
,LEV3701 – LAW OF EVIDENCE
PRCATICE Q&A OCTBER/NOVEMBER
SECTION 1
Question 1
Consider the statements below and select the correct option:
1. Photographs, wills, books and drawings can all be classified as forms of
documentary evidence.
2. Section 233 of the Criminal Procedure Act 51 of 1977 permits certified copies of
public documents to be admitted in civil proceedings, provided the prescribed
requirements are satisfied.
3. A title deed and a baptismal certificate are examples of public documents.
4. A subpoena duces tecum is generally used in civil and criminal proceedings to
compel the production of specified documents.
Question 2
During cross-examination:
1. It is never permissible to question an accused about offences other than the
offence with which he or she is charged.
2. The cross-examiner may ask leading questions and may also question the
witness on matters relevant solely to credibility.
3. It is always permissible to question an accused about other offences that are
unrelated to the charge being faced.
4. It is permissible to attack the character of an accused without restriction.
Question 3
,In relation to documentary evidence, a copy of a person's identity document is best
classified as:
1. Secondary evidence.
2. Hearsay evidence.
3. Indirect evidence.
4. Primary evidence.
Question 4
Public documents:
a. Constitute an exception to the hearsay rule.
b. Are protected by private privilege.
c. Include every document that is not a private document.
d. Must comply with the hearsay rule where the contents of the document are in dispute.
Question 5
Consider the following statements concerning admissions and confessions and select
the correct option:
1. A statement intended to be exculpatory may nevertheless amount to an
admission where its ultimate effect is detrimental to the person who made it.
2. By definition, confessions can also arise in civil proceedings.
3. In S v Grove-Mitchell 1975 (3) SA 417 (A), the statement, “I shot her full of holes,
I emptied the gun on her”, constitutes a confession.
4. Informal admissions are described as such because they are always made
outside court and before the commencement of a trial.
Question 6
Consider the following propositions concerning marital privilege and identify the correct
option:
, 1. During a domestic-violence incident, a husband points a firearm at his wife and
states that he intends to kill her and their children. If criminal proceedings follow,
the wife may be compelled to testify about the pointing of the firearm but may
refuse to disclose what her husband said to her.
2. Marital privilege applies to communications made during the marriage, but once
the spouses divorce, the privilege no longer protects communications made while
they were married.
3. A third party who overhears a conversation between spouses is prohibited from
giving evidence about that conversation in court.
4. Marital privilege belongs to the person who made the particular communication.
Question 7
A kills his wife's lover in her presence and is subsequently charged with murder. A's
wife is called as a witness. She is:
1. Merely an identifying witness.
2. Both an identifying witness and a single witness.
3. Incompetent to testify for the State.
4. Merely a single witness.
Question 8
A bank is robbed and the police later discover metal containers holding money in a
ditch. The containers are identified as those stolen from the bank. Several days later,
the accused is arrested and makes a confession implicating himself in the robbery. The
confession does not satisfy the admissibility requirements of section 217 of the Criminal
Procedure Act 51 of 1977. After making the confession, the accused leads the police to
the ditch and identifies the location where the money was hidden.
Select the correct statement:
