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Exam Revision for LEV3701 - law of evidence

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6 requirements that should be met before a witness will be allowed to refresh her memory while in the witness box

6 requirements that should be met before a witness will be allowed to refresh her memory while in th...

- witness must have personal knowledge of the events recorded - witness must be unable to recollect fully a matter on which she is being examined - witness must have recorded the information personally - the record must have been made while the facts were still fresh in the memory of the witness - the original document must be used where the witness has no independent recollection of the incident - a document used to refresh the memory while the witness is in the witness box must be made available to the court and the opposing legal team so that they can inspect it.

Admissibility of documentary evidence

- main requirements that should be met before a doc can be used as evidence are, generally speaking, that a doc will be admissible only in the following circumstances 1. if the original document is produced in court 2. if the document is proved to be authentic

Competence of a co-accused as a prosecution witness

- A co-accused is not a competent witness for the state, whether to prove the case against himself or against the accused, because he is also an accused. - Maybe circumstances where the state may call someone, who was previously a co-accused to testify. - this happens when the person is no longer a co-accused in that case. - it can happen in one of the following ways 1. by withdrawing the charge against the co-accused 2. by finding the co-accused not guilty 3. by the co-accused entering a plea of guilty 4. if the trials of the accused and his co-accused are separated for some other valid reason

Definition of justice

- a person who is a justice of the peace under the provisions of the Justices of the Peace and Commissioners of Oaths Act 1963 - it could be someone in SAPS with the rank of lieutenant, captain, major, colonel and brigadier.

Probative value

means value for purposes of proof. This means not only, "what will the hearsay evidence prove if admitted?", but "will it do so reliably?"

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1. Flashcards - Exam revision for lev3701 - law of evidence
2. Exam (elaborations) - Law of evidence multiple choice questions and answers - lev3701
3. Exam (elaborations) - Lev3701/evi3702 law of evidence exam summary
4. Exam (elaborations) - Lev3701 law of evidence exam questions and answers
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