Lev3701 2021 Study guides, Class notes & Summaries

Learning unit 1 OVERVIEW OF THE LAW OF EVIDENCE The presentation of evidence - Oral evidence - Given by a witness, delivering her testimony from the witness box. - Certain questions may be asked by the various parties, and others may not - Real things - may also be presented to the court as evidence. - Often the information that is contained in some kind of document may be required, but documents cannot simply be handed to the court since many requirements need to be met before a documen...

Relevance and admissibility of evidence WHAT IS MEANT BY "RELEVANCE?  A logical connection between the issues of the case before the court and the evidence that stands to be admitted in order for it to be relevant.  This logical relevance is a matter of common sense Three things therefore stand out when a court has to decide on relevance: ● The importance of the issues ● The potential weight of the evidence ● The potential prejudicial effect of admitting the evidence Simila...

FEEDBACK ON THE LEV3701 FEB 2021 EXAMINATION PAPER Dear Students Feedback on the questions that were put in the February 2021 LEV3701 Examination Paper is provided below. In most instances, however, you will have to compile your own answer to ensure that you get the necessary practice before the exam. Please note that you must follow the instructions and guidelines on how to answer examination questions that were provided in Lecture 1 under the Announcements on myUnisa. Question 1 The fo...

LEV3701 Law of Evidence 2021 Student No,: Assignment: 1 Unique number: (1) The privilege against self-incrimination is manifested in various rights which are contained in the Bill of Rights, including the rights of an arrested person to remain silent (s 35(1)(a)), or not to be compelled to make any confession or admission that could be used in evidence against that person (section 35(1)(c)), and the right of an accused person to be presumed innocent, and not to testify at trial (section...

LEV3701 STUDY NOTES 2021. LEV3701 - Law Of Evidence.

Question 1 (a) The law of evidence is part of the substantive law, since the substantive law determines what elements must be proved in court before someone will be guilty of a crime. (b) Roman-Dutch law is the common law of South Africa and therefore constitutes the historical source of our procedural law. (c) Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section because it provides that the law as to the competency, compellability, or privilege of witnesses which was i...

ANSWER ALL THE QUESTIONS. IN DETERMINING THE LENGTH OF YOUR ANSWER, YOU SHOULD BE GUIDED BY THE MARKS ALLOCATED TO THAT PARTICULAR QUESTION OR SUB-DIVISION OF A QUESTION. REFER TO RELEVANT CASE LAW, LEGISLATION AND THE VIEWS OF LEGAL WRITERS. Question 1 In a statement to his father, Thabo admits to having shot his wife. Write a full explanation of how you would go about determining the nature of this statement. Do not discuss the requirements for the admissibility of this statement. (6)

LEV 3701 Tutorial Letter 101/3/2021 Law of Evidence LEV3701 Semesters 1 & 2

LEV3701 ASSIGNMENT 2 SOLUTIONS 2021 SEMESTER 1 AND 2

Question 1 1.1 I would inform the investigating officer that he needs to know that, first and foremost, there is a difference between an admission and a confession. An admission is simply an admission of one or more of the facts in issue (but not all the facts in issue), in contrast a confession is an admission of all the facts in issue. I would further inform the investigating officer that he also needs to distinguish between formal admissions (which are made in pleadings or in court) and...