UNISA 2024 CPR3701-24-S2 Welcome Message Assessment 2
QUIZ
Started on Monday, 9 September 2024, 12:19 PM
State Finished
Completed on Wednesday, 18 September 2024, 7:09 PM
Time taken 9 days 6 hours
Marks 24.00/25.00
Grade 96.00 out of 100.00
Question 1
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements:
a. The prosecutor or the accused may compel the attendance of witnesses by way of a summons.
b. A recalcitrant witness in a criminal trial is someone who proffers answers detrimental to the party who called them
as a witness.
c. A postponement refers to the period when the hearing is already underway, whereas an adjournment denotes the
period before the trial starts.
d. A recalcitrant witness in a criminal trial is someone who refuses to take the oath or refuses to answer questions.
e. A witness’s sympathy with an accused’s political ideals constitutes a just excuse for the refusal to answer questions.
Question 2
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements:
a. An oath may be administered by the prosecution.
b. An affirmation has the same legal force and effect as if the person making it had taken the oath.
c. Admonishment to speak the truth does not have the same force and effect in respect of a witness who does not
understand the nature and import of the oath.
d. An oath must still be administered in the instance of an intellectually impaired person.
e. A prosecutor may administer the oath in the absence of the presiding officer.
, Question 3
Complete
Mark 1.00 out of 1.00
Choose the INCORRECT answer from the following statements:
a. In the High Court the presiding judge generally has a discretion whether or not to sit with assessors.
b. In the High Court, if an assessor dies or becomes unable to act as assessor at any time during a trial, the presiding
judge may direct that the trial proceed before the remaining member or members of the court.
c. In the High Court, if an assessor dies or becomes unable to act as assessor at any time during a trial, the presiding
judge may direct that the trial begin de novo.
d. The words unable to act in the context of section 147(1), implies physical as well as mental disabilities.
e. The words unable to act in the context of section 147(1) the lack of mental disabilities only.
Question 4
Complete
Mark 1.00 out of 1.00
Choose the INCORRECT answer from the following statements:
a. An ex tempore judgment is a verdict which is given on appeal.
b. A judge is required to give reasons for any conclusions reached by him or her in respect any question of law or fact.
c. Both magistrates and judges are required to give reasons for any conclusions reached by them in respect any
question of law or fact.
d. The absence of reasons has an adverse effect on the constitutional right of an accused of appeal to, or review by, a
higher court.
e. On appeal a trial court’s findings of fact are, in the absence of a demonstrable and material misdirection by the trial
court, presumed to be correct, unless the recorded evidence shows these findings to be clearly wrong.
Question 5
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements. In the context of a criminal trial previous convictions:
a. only come into play before conviction.
b. only come into play after sentence.
c. do not in any way affect the sentence to be imposed.
d. must be proved by the court.
e. must be proved by the prosecution.
QUIZ
Started on Monday, 9 September 2024, 12:19 PM
State Finished
Completed on Wednesday, 18 September 2024, 7:09 PM
Time taken 9 days 6 hours
Marks 24.00/25.00
Grade 96.00 out of 100.00
Question 1
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements:
a. The prosecutor or the accused may compel the attendance of witnesses by way of a summons.
b. A recalcitrant witness in a criminal trial is someone who proffers answers detrimental to the party who called them
as a witness.
c. A postponement refers to the period when the hearing is already underway, whereas an adjournment denotes the
period before the trial starts.
d. A recalcitrant witness in a criminal trial is someone who refuses to take the oath or refuses to answer questions.
e. A witness’s sympathy with an accused’s political ideals constitutes a just excuse for the refusal to answer questions.
Question 2
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements:
a. An oath may be administered by the prosecution.
b. An affirmation has the same legal force and effect as if the person making it had taken the oath.
c. Admonishment to speak the truth does not have the same force and effect in respect of a witness who does not
understand the nature and import of the oath.
d. An oath must still be administered in the instance of an intellectually impaired person.
e. A prosecutor may administer the oath in the absence of the presiding officer.
, Question 3
Complete
Mark 1.00 out of 1.00
Choose the INCORRECT answer from the following statements:
a. In the High Court the presiding judge generally has a discretion whether or not to sit with assessors.
b. In the High Court, if an assessor dies or becomes unable to act as assessor at any time during a trial, the presiding
judge may direct that the trial proceed before the remaining member or members of the court.
c. In the High Court, if an assessor dies or becomes unable to act as assessor at any time during a trial, the presiding
judge may direct that the trial begin de novo.
d. The words unable to act in the context of section 147(1), implies physical as well as mental disabilities.
e. The words unable to act in the context of section 147(1) the lack of mental disabilities only.
Question 4
Complete
Mark 1.00 out of 1.00
Choose the INCORRECT answer from the following statements:
a. An ex tempore judgment is a verdict which is given on appeal.
b. A judge is required to give reasons for any conclusions reached by him or her in respect any question of law or fact.
c. Both magistrates and judges are required to give reasons for any conclusions reached by them in respect any
question of law or fact.
d. The absence of reasons has an adverse effect on the constitutional right of an accused of appeal to, or review by, a
higher court.
e. On appeal a trial court’s findings of fact are, in the absence of a demonstrable and material misdirection by the trial
court, presumed to be correct, unless the recorded evidence shows these findings to be clearly wrong.
Question 5
Complete
Mark 1.00 out of 1.00
Choose the CORRECT answer from the following statements. In the context of a criminal trial previous convictions:
a. only come into play before conviction.
b. only come into play after sentence.
c. do not in any way affect the sentence to be imposed.
d. must be proved by the court.
e. must be proved by the prosecution.
