LME3701 Assignment 1 Semester 2 2023 (ANSWERS)

LME3701 Assignment 1 Semester 2 2023 (ANSWERS) Questions asked: Question 1 Answer saved Marked out of 1.00 Flag question Question text Mr A and Mr B are jointly charged with the murder of A’s son, C. Mr A and Mr B are married to Mrs A and Mrs B respectively. Consider the following statements and choose the correct option: 1. Mrs B can be compelled to testify against Mr B. 2. Mrs A can be compelled to testify in defence of Mr B. 3. Mr B is competent to testify in defence of Mr A. 4. Mr A can be compelled to testify against Mr B. Question 2 Answer saved Marked out of 1.00 Flag question Question text 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 the prosecution to testify that the accused approached him in his professional capacity for legal advice and, during their discussions, admitted to having killed his wife. Innocent subsequently declined to represent Lucky. Innocent’s testimony … 1. will be inadmissible, because it is hearsay evidence. 2. will be admissible, because Lucky had told him of a crime that had already been completed. 3. will be inadmissible, because the communication was privileged. 4. will be admissible, because he decided not to represent Lucky. Clear my choice Question 3 Answer saved Marked out of 1.00 Flag question Question text In the case of a residuary clause, our courts must determine … 1. what the English law stated immediately before South Africa became a Republic in 1961. 2. what the Roman-Dutch law stated immediately before South Africa became a Republic in 1961. 3. what the English law stated immediately before the Constitution of the Republic of South African came into force in 1996. 4. what the English law currently states. Question 4 Answer saved Marked out of 1.00 Flag question Question text Consider the following statements regarding marital privilege and choose the correct option: 1. Marital privilege belongs to the party who made a specific communication. 2. 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. 3. A third party that overhears a conversation between two spouses cannot testify about that communication in a court of law. 4. 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. Question 5 Answer saved Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: 1. In terms of section 37 of the Civil Proceedings Evidence Act 25 of 1965, documents which are proved to be not less than 15 years old, and come from proper custody, are presumed to have been duly executed if there is nothing to suggest the contrary. 2. A title deed, a birth certificate and a passport are examples of public documents. 3. At common law, public documents are admissible to prove the truth of what they contain. This means that they are treated as an exception to the hearsay rule. 4. If the contents of a document must be proved, secondary evidence will sometimes be accepted, but it always must be in written form. Question 6 Answer saved Marked out of 1.00 Flag question Question text Consider the following statements and choose the correct option: 1. When the court has declared someone a hostile witness, such a witness may be cross-examined by the party who called the witness. 2. Only after the accused in a criminal matter has presented evidence, may he or she ask to be discharged in terms of section 174 of the Criminal Procedure Act 51 of 1977. 3. A witness who wishes to rely on privilege, such as the privilege against self-incrimination, may refuse to enter the witness box. 4. In a criminal case, the court cannot call witnesses out of its own accord and without the consent of both the prosecution and the defence. Clear my choice Question 7 Answer saved Marked out of 1.00 Flag question Question text 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 ... 1. a confession. 2. an informal admission. 3. hearsay. 4. a formal admission. Question 8 Answer saved Marked out of 1.00 Flag question Question text Consider the following statements about the cautionary rules and choose the correct option: 1. A cautionary rule is a rule of practice, bearing the mandatory character of a legal rule, that is only applied in criminal cases and that is there to assist the court in evaluating certain evidence. 2. A cautionary rule is a rule that is primarily found in legislation that prescribes a specific approach to be adopted by the court to assist in the evaluation of certain evidence. 3. The cautionary rule relating to a single witness is limited to a situation where only one person testifies for the prosecution. 4. Where the corroboration of an accomplice is offered by another accomplice, it is obvious that the court must also approach the corroborative evidence with caution. Question 9 Answer saved Marked out of 1.00 Flag question Question text The accused is forced to point out the gun that he used to kill his wife. The gun, which has the accused’s fingerprints on it, will be … 1. inadmissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. 2. admissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. 3. inadmissible in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. 4. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. Question 10 Answer saved Marked out of 1.00 Flag question Question text Consider the following statements about the onus of proof and the evidentiary burden and choose the correct option: 1. The accused bears the onus of proof regarding a defence of criminal non- responsibility on account of mental illness or mental defect. 2. The Court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the Criminal Procedure Act 51 of 1977 to mean that a defence of sane automatism now imposes a burden of proof on the accused and not merely an obligation to raise the defence. 3. At the start of a criminal trial, the state is only burdened with the burden of proof. 4. When the onus of proof in criminal matters rests upon the defence, proof beyond a reasonable doubt is required. Question 11 Answer saved Marked out of 1.00 Flag question Question text A shoots and kills his wife’s lover in his wife’s presence and is subsequently charged with murder. A's wife is a witness. A's wife is ... 1. only a single witness. 2. both an identifying witness and a single witness. 3. only an identifying witness. 4. incompetent to testify on behalf of the state. Question 12 Answer saved Marked out of 1.00 Flag question Question text Consider the following statements about the admissibility of admissions and confessions and choose the correct option: 1. If a confession is made to a justice of the peace, it must be confirmed and reduced to writing in the presence of a magistrate. 2. In terms of section 1 of the Criminal Procedure Act 51 of 1977, the term “justice” refers to “a person who is a justice of the peace under the provisions of the Justices of the Peace and Commissioners of Oaths Act, 1963". A warrant officer in the South African Police Service is included in this definition. 3. A confession made to a messenger of the court must be confirmed and reduced to writing in the presence of a magistrate or peace officer to be admissible. 4. Conduct from which a negative inference can be drawn will constitute an admission if a communication has taken place. Question 13 Answer saved Marked out of 1.00 Flag question Question text The owner of a motor vehicle (E) fatally shoots D while D is trying to hi-jack E’s car. E is thereafter charged with murder. During the trial a newspaper salesperson testifies that E stated the following to him: “Yes, I did shoot him, but he tried to steal my car!” Consider the following statements and choose the correct option: 1. The newspaper salesperson cannot testify about the statement because it was not confirmed and reduced to writing in front of a magistrate or justice of the peace. 2. The newspaper salesperson is testifying about a confession made to him by E. 3. Evidence by the newspaper salesperson is inadmissible hearsay evidence. 4. The newspaper salesperson is testifying about an admission made to him by E. Clear my choice Question 14 Answer saved 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 … 1. inadmissible opinion evidence. 2. similar fact evidence. 3. hearsay evidence. 4. evidence about a previous consistent statement. Question 15 Answer saved Marked out of 1.00 Flag question Question text Mr C testifies in court about the theft of his car. During cross-examination the defence alleges that Mr C is lying. The prosecutor accordingly calls Mr W to come and testify that Mr C had earlier told him the same thing. Mr W’s evidence is.... 1. evidence about a previous consistent statement. 2. circumstantial evidence. 3. hearsay evidence. 4. opinion evidence