LAW OF EVIDENCE NOTES

LAW OF
EVIDENCE
PROF. PC OSODE

, LAW OF EVIDENCE -
INTRODUCTION
Pertinent Questions
What are the different types AND forms of
evidence?
How would you explain ‘circumstantial evidence’ to

a non-lawyer?

Explain and give examples of machine-generated
and documentary evidence.
What is the relationship between relevant and

admissible evidence?
Explain how the concept of ‘burden of proof’ works

in the law of evidence

, LAW OF EVIDENCE -
INTRODUCTION
Pertinent Questions
What are the differences between the standard

of proof in criminal cases and that applicable in
civil matters?
In respect of what issues/matters would an

accused bear the legal burden of proof in
criminal cases?
 How would you explain the following:
(i) Proof beyond reasonable doubt;
(ii) Proof on a balance of probabilities;
(iii) Facts in issue; and
(iv) The difference between evidence and proof.

, LAW OF EVIDENCE -
INTRODUCTION
Pertinent questions

What kinds/categories of evidence are
usually not admissible and why?

What are the different sources of the law of
evidence in South Africa?

What is the significance of the Bill of Rights
in the South African law of evidence?