2025 – S1 – LEV3701 – ASSESSMENT 2 – Q&A
QUIZ
Assessment 2
Started on Friday, 18 April 2025,
State Finished
Completed on Friday, 18 April 2025,
Time taken
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Sipho and his wife, Eunice, have been experiencing marital difficulties for some time.
One evening, while Sipho was supposedly working late, Eunice was stabbed to
death. After a long investigation, the police arrested and charged Sipho with the
murder of Eunice. At the trial, Sipho’s attorney attempts to have Sipho’s neighbour,
Innocent, testify that his (Innocent’s) wife, Joyce, had told him (Innocent), that she
was having an affair with Sipho, and that she had murdered Eunice out of jealousy
and a “passionate desire” to be with Sipho. Innocent is ready and willing to testify.
Although aware of the trial, Joyce decides to stay at home. The prosecution objects
to the admissibility of Innocent’s evidence. Consider the following statements and
choose the correct option:
A.
The prosecution will be successful with their objection since Joyce’s statement is
privileged information.
B.
Innocent’s testimony about Joyce’s statement will be inadmissible hearsay evidence.
C.
Joyce’s statement, which was made freely and voluntarily and while she was in her
sound and sober senses and without undue influence, is admissible evidence of a
confession.
D.
1
,2025 – S1 – LEV3701 – ASSESSMENT 2 – Q&A
Joyce’s statement is inadmissible, because it was not confirmed and reduced to
writing in the presence of a magistrate or a justice of the peace.
Feedback
The correct answer is:
Joyce’s statement, which was made freely and voluntarily and while she was in her
sound and sober senses and without undue influence, is admissible evidence of a
confession.
Question 2
A is wounded during a robbery and found bleeding by B. A tells B: "I am alive". This
evidence is tendered to show that A was in fact still alive at the time. B's evidence
about what A told him will be ...
A.
admissible hearsay.
B.
opinion evidence.
C.
admissible oral evidence.
D.
inadmissible hearsay.
Feedback
The correct answer is:
admissible oral evidence.
Question 3
Consider the following statements regarding marital privilege and choose the correct
option:
A.
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
2
, 2025 – S1 – LEV3701 – ASSESSMENT 2 – Q&A
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.
B.
A third party that overhears a conversation between two spouses cannot testify
about that communication in a court of law.
C.
Marital privilege belongs to the party who made a specific communication.
D.
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.
Feedback
The correct answer is:
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.
Question 4
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-defence.” This statement is ...
A.
an informal admission.
B.
hearsay.
C.
a formal admission.
D.
a confession.
3
QUIZ
Assessment 2
Started on Friday, 18 April 2025,
State Finished
Completed on Friday, 18 April 2025,
Time taken
Marks 20.00/20.00
Grade 100.00 out of 100.00
Question 1
Sipho and his wife, Eunice, have been experiencing marital difficulties for some time.
One evening, while Sipho was supposedly working late, Eunice was stabbed to
death. After a long investigation, the police arrested and charged Sipho with the
murder of Eunice. At the trial, Sipho’s attorney attempts to have Sipho’s neighbour,
Innocent, testify that his (Innocent’s) wife, Joyce, had told him (Innocent), that she
was having an affair with Sipho, and that she had murdered Eunice out of jealousy
and a “passionate desire” to be with Sipho. Innocent is ready and willing to testify.
Although aware of the trial, Joyce decides to stay at home. The prosecution objects
to the admissibility of Innocent’s evidence. Consider the following statements and
choose the correct option:
A.
The prosecution will be successful with their objection since Joyce’s statement is
privileged information.
B.
Innocent’s testimony about Joyce’s statement will be inadmissible hearsay evidence.
C.
Joyce’s statement, which was made freely and voluntarily and while she was in her
sound and sober senses and without undue influence, is admissible evidence of a
confession.
D.
1
,2025 – S1 – LEV3701 – ASSESSMENT 2 – Q&A
Joyce’s statement is inadmissible, because it was not confirmed and reduced to
writing in the presence of a magistrate or a justice of the peace.
Feedback
The correct answer is:
Joyce’s statement, which was made freely and voluntarily and while she was in her
sound and sober senses and without undue influence, is admissible evidence of a
confession.
Question 2
A is wounded during a robbery and found bleeding by B. A tells B: "I am alive". This
evidence is tendered to show that A was in fact still alive at the time. B's evidence
about what A told him will be ...
A.
admissible hearsay.
B.
opinion evidence.
C.
admissible oral evidence.
D.
inadmissible hearsay.
Feedback
The correct answer is:
admissible oral evidence.
Question 3
Consider the following statements regarding marital privilege and choose the correct
option:
A.
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
2
, 2025 – S1 – LEV3701 – ASSESSMENT 2 – Q&A
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.
B.
A third party that overhears a conversation between two spouses cannot testify
about that communication in a court of law.
C.
Marital privilege belongs to the party who made a specific communication.
D.
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.
Feedback
The correct answer is:
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.
Question 4
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-defence.” This statement is ...
A.
an informal admission.
B.
hearsay.
C.
a formal admission.
D.
a confession.
3
