LAW OF EVIDENCE(LEV3701)
ASSIGNMENT 1 SOLUTIONS SEMESTER
2 2023
LLB TUTORS
PASS GUARANTEED
, QUESTION 1
Mr. C testifies in court about the theft of his car. During cross-examination the
defense alleges that Mr. C is lying. The prosecutor accordingly calls Mr. W to come
and testify that Mr. C had earlier told him the same thing. Mr. W’s evidence is....
1. opinion evidence.
2. hearsay evidence.
3. circumstantial evidence.
4. evidence about a previous consistent statement.
QUESTION 2
Consider the following statements regarding marital privilege and choose the correct
option:
1. A third party that overhears a conversation between two spouses cannot
testify about that communication in a court of law.
2. Marital privilege applies to communications made during the marriage. If the
spouses get divorced, that privilege will no longer apply to communications
made during the marriage.
3. During a domestic violence dispute, a husband points a gun at his wife
and verbalises his intention to kill her and the children. In a following
criminal case, the wife can be compelled to testify about the pointing of
the gun but can refuse to testify about what the husband said to her
during the dispute.
4. Marital privilege belongs to the party who made a specific communication.
QUESTION 3
Cocky receives a summons in which his girlfriend institutes a civil action against him.
She claims for damages because of a stab wound inflicted by Cocky. Cocky consults
his lawyer, who draws up the plea, which includes the following statement: “Cocky
stabbed the plaintiff in self-defense.” This statement is...
1. hearsay.
ASSIGNMENT 1 SOLUTIONS SEMESTER
2 2023
LLB TUTORS
PASS GUARANTEED
, QUESTION 1
Mr. C testifies in court about the theft of his car. During cross-examination the
defense alleges that Mr. C is lying. The prosecutor accordingly calls Mr. W to come
and testify that Mr. C had earlier told him the same thing. Mr. W’s evidence is....
1. opinion evidence.
2. hearsay evidence.
3. circumstantial evidence.
4. evidence about a previous consistent statement.
QUESTION 2
Consider the following statements regarding marital privilege and choose the correct
option:
1. A third party that overhears a conversation between two spouses cannot
testify about that communication in a court of law.
2. Marital privilege applies to communications made during the marriage. If the
spouses get divorced, that privilege will no longer apply to communications
made during the marriage.
3. During a domestic violence dispute, a husband points a gun at his wife
and verbalises his intention to kill her and the children. In a following
criminal case, the wife can be compelled to testify about the pointing of
the gun but can refuse to testify about what the husband said to her
during the dispute.
4. Marital privilege belongs to the party who made a specific communication.
QUESTION 3
Cocky receives a summons in which his girlfriend institutes a civil action against him.
She claims for damages because of a stab wound inflicted by Cocky. Cocky consults
his lawyer, who draws up the plea, which includes the following statement: “Cocky
stabbed the plaintiff in self-defense.” This statement is...
1. hearsay.
