LEV3701 Assignment 1 (QUALITY ANSWERS) Semester 1 2025

This document contains workings, explanations and solutions to the LEV3701 Assignment 1 (QUALITY ANSWERS) Semester 1 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4.. Question 1 Not yet answered Marked out of 1.00 Flag question Question text During a civil matter, the plaintiff wants to present the record of the court’s finding in a criminal trial as evidence in the civil matter that is based on the same facts. The evidence will be … A. evidence about a previous consistent statement. B. hearsay evidence. C. inadmissible opinion evidence. D. similar fact evidence. Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text In the case of a residuary clause, our courts must determine … A. what the English law currently states. B. what the Roman-Dutch law stated immediately before South Africa became a Republic in 1961. C. what the English law stated immediately before South Africa became a Republic in 1961. D. what the English law stated immediately before the Constitution of the Republic of South African came into force in 1996. Clear my choice Question 3 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about real evidence and choose the correct option: A. Blood and tissue, as well as DNA, are examples of expert evidence that need to be explained by someone with knowledge in this regard. B. When footprints are used as evidence, an enlargement of the accused’s footprint is compared in court with that of a footprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof beyond reasonable doubt that the same person made the two sets of prints. C. When fingerprints are used, an enlargement of the accused's fingerprint is compared in court with that of a fingerprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof upon a balance of probabilities that the same person made the two sets of prints. D. The behaviour of an accused in court will sometimes constitute real evidence. Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Question text The accused, charged with murder, testifies that the death of the victim was an accident and wants to testify that, two days after the killing, he had told his father that it was an accident. Consider the following options and choose the correct answer: A. The statement to his father will be an admissible previous consistent statement. B. The statement to his father will be hearsay evidence. C. The statement to his father will be an inadmissible previous consistent statement. D. The statement to his father will be a confession. Clear my choice Question 5 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about the relevance and admissibility of evidence and choose the correct statement: A. A finding by a court that a piece of evidence is inadmissible due to irrelevance is final and cannot be reconsidered during the same trial. B. Irrelevant evidence will never be admissible, but relevant evidence will always be admissible. C. During a trial, the court must first consider the competency of a witness, then the admissibility of evidence, and finally the weight or persuasive value of evidence. The “weight” of evidence therefore plays no part when the court considers the admissibility of that evidence. D. Facts relevant to the facts in issue may become in issue themselves. An example would be the reliability of a witness. Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. Refreshing of memory by a witness is only permitted before such a witness starts giving evidence in court. B. In a civil trial, the plaintiff is the party who must first present evidence at the commencement of the trial. C. A criminal case commences with the accused who presents evidence first. D. Oral evidence is presented in the following order: firstly, examination-in-chief, thereafter re-examination, and lastly, cross-examination. Clear my choice Question 7 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about the compellability of spouses to testify and choose the correct option: A. If the accused is jointly charged with someone else, the spouse of such an accused will be competent and compellable to give evidence on behalf of that co-accused. B. Section 195 of the Criminal Procedure Act 51 of 1977 has, to some extent, been amended by section 68 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Subsection 195(1)(a) now excludes a child that is merely in the care of the wife or the husband. C. In terms of section 196 of the Criminal Procedure Act 51 of 1977, the spouse of an accused is a competent as well as a compellable witness in defence of that accused, but only when such an accused is jointly charged with someone else. D. Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when testifying is at stake, but also to people who were married when the relevant crime was committed, even though the marriage has been dissolved in the meantime. Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. When a document has been authenticated in its country of origin, it is unnecessary to prove the authenticity of such a document in a South African court. B. In criminal proceedings, an original official document may only be produced upon an order by a Director of Public Prosecutions. C. In S v Ndiki and Others [2007] 2 All SA 185 (Ck) it is explained that if a computer print-out contains a statement of which a person has knowledge and which is stored in the computer’s memory, its use in evidence depends upon the credibility of an identifiable person. It would therefore constitute real evidence. D. Discovery entails a written affidavit listing all possibly relevant documents in the possession of the declarant party or his lawyer. This procedure is used in both criminal and civil cases. Clear my choice Question 9 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. Examination-in-chief is conducted by the presiding officer in his capacity as “chief” of the court. B. The party who undertakes examination-in-chief can cross-examine an unfavourable witness. C. Questions about the accused’s previous convictions or bad character may, as a rule, be asked during cross-examination to attack the credibility of the accused. D. If a witness gives unfavourable evidence, the party who called such a witness may present evidence which contradicts the witness. Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements, and choose the correct option: A. Section 195 of the Criminal Procedure Act 51 of 1977 states that a spouse is competent to give evidence on behalf of the prosecution, but that she can be compelled to testify only in certain circumstances. This rule does not, however, apply to persons who are divorced. B. Mr Brawn and Mr Brains are co-accused. Mr Brawn wants to call Mrs Brains as a witness. Mrs Brains is competent to testify in defence of Mr Brawn, but she cannot be compelled to do so. She can, however, be compelled to testify in defence of Mr Brains. C. Where a presiding officer in a court perceives a certain fact in the court over which he or she is presiding, he will be competent to testify on such fact in that court. D. An accused is a competent witness in his own defence and can also be compelled to testify by a co-accused. Clear my choice Question 11 Not yet answered Marked out of 1.00 Flag question Question text X, a bookkeeper, is suspected of embezzlement. The firm employing X engages an accountant to investigate the matter. The accountant compiles a report, and the report is handed to the police. At X's trial the accountant is called as a witness. In his evidence he frequently refers to his report, and a copy of the report is made available to the accused for cross-examination. Subsequently, the report is handed in to become part of the record. Consider the following statements and choose the correct option: A. The report could not be used to refresh the witness's memory since it consisted of hearsay evidence. B. The report could not be used to refresh the witness's memory since it was compiled when litigation had already been foreseen. C. The report was properly used to refresh the witness's memory. D. The report should not have been incorporated into the record as evidence since it amounted to evidence of a previous consistent statement. Clear my choice Question 12 Not yet answered Marked out of 1.00 Flag question Question text Mr Whiskey is requested to stop at a roadblock after the annual office party. A breathalyser test confirms that his blood-alcohol content is well above the legal limit. A blood sample is taken against his will and sent for analysis. A certificate from the police forensic laboratory later confirms the breathalyser result. Consider the following statements and choose the correct option: A. The certificate from the laboratory is an example of documentary evidence. B. The police are not allowed to take a blood sample against the will of a suspect. C. The blood sample is an example of expert evidence. D. The blood sample is an example of evidence of uncertain classification. Clear my choice Question 13 Not yet answered Marked out of 1.00 Flag question Question text An elderly woman is found dead in her apartment. The bloody scene leaves no doubt that she was murdered. Various pieces of evidential material are found at the scene of the crime. This includes fingerprints. The fingerprints will be classified as ... A. evidence of uncertain classification. B. real evidence. C. documentary evidence. D. expert evidence. Clear my choice Question 14 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. A person is charged with the unlawful possession of pornographic photographs. The court will treat the photographs as real evidence. B. “Official documents” is another term for public documents that are kept under the supervision or control of the Director of Public Prosecutions. C. The subject of a theft case is an historical photograph that was stolen from a museum. The photograph will be treated as documentary evidence. D. Microfilm is readable with the naked eye and is usually submitted for its subject-content. It is therefore treated as documentary evidence. Clear my choice Question 15 Not yet answered Marked out of 1.00 Flag question Question text Public documents ... A. are all documents which are not private documents. B. are subject to a claim of private privilege. C. must comply with the hearsay rule when the document's content is in issue. D. are an exception to the hearsay rule. Clear my choice Question 16 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. The law of evidence is unique because it is part of the substantive law and the adjective law. B. Section 252 of the Criminal Procedure Act 51 of 1977, which deals with character evidence, is an example of a residuary section. C. Section 192 of the Criminal Procedure Act 51 of 1977, which deals with the competence and compellability of witnesses to testify, refers to the residuary provision in section 206 of the Criminal Procedure Act. This means that English law, as it currently applies in England, is applicable. D. The Roman-Dutch law is the common-law source of our substantive law, but the common-law source of our procedural law is English law. Clear my choice Question 17 Not yet answered Marked out of 1.00 Flag question Question text Witness B tells witness A the following: “I saw the accused kill the deceased.” The prosecution proceeds to call witness A to testify about what B told him. A’s evidence will be ... A. circumstantial evidence. B. opinion evidence. C. evidence of a previous consistent statement. D. hearsay evidence. Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. There is no need to authenticate a document if the document originates from a common-law country. B. Photographs may sometimes constitute documentary evidence, particularly if the physical photograph itself is central to the case (for example where it has fingerprints on its surface). C. There is no need to authenticate a document if the opposing party has discovered such a document. D. In common law, public documents are admissible to prove the truth of what they contain. This means that these documents are treated as an exception to the rule against the admissibility of previous consistent statements. Clear my choice Question 19 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: A. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of murder. B. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of fraud. C. Section 197(d) of the Criminal Procedure Act 51 of 1977 allows for the presentation of evidence of an accused’s previous conviction for possession of dagga if this evidence serves to counter a defence by the accused that he does not know dagga. D. Section 197 of the Criminal Procedure Act 51 of 1977 protects an accused against answering certain questions during cross-examination, but this protection falls away where the accused is charged with the crime of receiving stolen property. Clear my choice Question 20 Not yet answered Marked out of 1.00 Flag question Question text Identify the correct statement from the options below: Section 35(2) of the Constitution provides for the rights of a detained person, including … A. the right to choose, and to consult with a legal practitioner, and to be informed of this right promptly. B. the right to be informed of the charge with sufficient details to answer to it. C. the right to adduce and challenge evidence and not to be a compellable witness against himself or herself. D. the right to be presumed innocent, to remain silent during the plea proceedings as well as during the trial, and not to testify during the trial.