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Exam (elaborations)

LEV3701 Assignment 2 2024

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LEV3701 Assignment 2










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Uploaded on
March 31, 2024
Number of pages
12
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers

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QUESTION 1

Consider the following statements about circumstantial evidence and choose the
correct option:

1. Circumstantial evidence is not necessarily weaker than direct evidence
and the cumulative effect of several pieces of circumstantial evidence
might even carry more weight than direct evidence.


2. The following rules apply to inferences drawn from circumstantial evidence in a
civil case: the inference sought to be drawn must be consistent with all the
proven facts and must be the only reasonable inference.
3. The following rules apply to inferences drawn from circumstantial evidence in a
criminal case: the inference sought to be drawn must be consistent with all the
proven facts and must be the most probable inference.
4. Direct evidence will always carry more weight than circumstantial evidence.




QUESTION 2

Consider the following statements about admissions and confessions and choose the
correct option:

1. Evidence presented during a trial-withinra trial will only be allowed in the main
trial if it directly relates to the facts in issue in the main trial,
2. A statement that was made without prejudice and in good faith can be
disclosed if it constitutes an act of insolvency.

, 3. Since an admission amounts to a statement adverse to the person making It,
no person can ever make an “admission” which will be held against another
person.
4. The content of a confession that was voluntarily made, but that is inadmissible
because some other requirement for admissibility was not met, may still be
admissible if it is relevant and contains an admission.




QUESTION 3

The accused is forced to point out the weapon that he used to kill his wife. Evidence
about his act of pointing out the gun will be ...

1. inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of
1977.
2. inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of
1977.
3. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of
1977.
4. admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977.




QUESTION 4

The issue is whether defendant drove negligently, a witness states: “I observed an
incident from my office window. The defendant's car was proceeding from west to east.
I could see that he was in a hurry and was prepared to weave through the traffic,
despite the presence of pedestrians. | had a feeling that an accident would take place,
and when it happened, i also had no doubt about who was responsible. It was the
defendant.” Consider the following statement and choose the correct option

1. The witness's opinion about a fact in issue is in principle inadmissible because
it is irrelevant

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