LEV 3701 LAW OF EVIDENCE 2020 REVISION EXAM PACK

2020 -MCQ REVISION QUESTIONS Question 1(a) The law of evidence is unique, because it is part of the substantive law and the adjective law. (b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and provides that the law on the competence and compellability of witnesses, as well as the examination and cross-examination of witnesses, which would have been applicable on 1 January 1994, will apply in any case where no provision has been made in terms of the Civil Proceedings Evidence Act orin terms of any other South African legislation.(c) Documentary evidence is the most common means of adducing (presenting) evidence. (d) A witness is required to give independent oral testimony and is never permitted to rely on, or refer to, an earlier record.Answer 1 (1) Only statement (a) is correct. (2) Only statements (a) and (b) are correct. (3) Only statements (b), (c) and (d) are correct. (4) Only statement (d) is correct. (5) None of the statements is correct. The correct answer is (5): None of the statements is correct. The correct answers can be found at the following places in the study guide: • Statement (a): See paragraph 2.1. • Statement (b): See paragraph 3.3. • Statement (c): See paragraph 4.2. • Statement (d): See paragraph 4.2.1.4.