Lev3701 law of evidence Study guides, Study notes & Summaries

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Slev3701_updated_exam_pack_2023_old_until_the_last_exam_ LEV3701 LAW OF EVIDENCE

LEV Notes Law of Evidence (University of South Africa) lOMoARcPSD| WITNESSES 2 aspects of oral evidence: 1. COMPETENCE OF WITNESS TO TESTIFY Whether person has mental capacity to testify – if not, they are not competent to testify & court cannot hear their evidence under any circumstances Note the diff btw admissibility and competence: - Admissibility = evidence of a person who is already a competent witness - Competence = focuses on the person Parties cannot consent to admission o...

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Question 1 What must the court in a civil case do if a legal question about the cross-examination of a witness arises and there is no express provision in any South African legislation on the specific issue? Fully explain with reference to a definition. [5] Question 2 Lucky is on trial for the murder of his wife. The prosecution claims that Lucky committed the murder by poisoning his wife with arsenic. Lucky’s defence is that his wife committed suicide. Innocent, an attorney, is called by t...

LEV3701 Summary Study Notes. This is an all-inclusive and a complete guide to LEV3701 - Law Of Evidence Evidence law General Introduction Introduction The first chapter of this teaching material deals with the introductory or preliminary matters such as the definition, purpose and nature of evidence law. Of also presents also study the common law and civil law approaches to evidence law with the various types of evidences. Here it shows the differences between two legal systems in their ap...