LEV3701 June 2024 Exam
1. Mrs Philanderer has grown tired of her husband's suspected marital infidelities. She engages the
services of a private detective who takes long-range photographs with his camera of Mr
Philanderer engaged in improper extra-marital activities. Mrs Philanderer intends using these
photographs in court. Consider the following statements and choose the correct option:
The photographs will be documentary evidence.
2. Consider the following statements about the admissibility of admissions and confessions and
choose the correct option:
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.
3. 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 …
hearsay evidence.
4. The accused is charged with having taken part in a bank robbery on 15 May 2023 in
Johannesburg. His defence is that he spent that day with his family at the zoo. In support of this
alibi, he calls a witness named Peter who states that he was at the zoo on 15 May 2023 while on
holiday and that he saw the accused there. During cross-examination it is put to Peter that he is
mistaken and that he had only visited the zoo the following weekend. He denies that he is
mistaken. The state now wishes to call Peter's employer to confirm that he was working on 15
May 2023 and only went on leave the next week. Consider the following statements and choose
the correct option:
Peter's evidence may be contradicted with other evidence if the purpose is to show that he is not a
credible witness.
5. Consider the following statements and choose the correct option:
If evidence is logically relevant, the question about the weight of that evidence does not arise.
6. Consider the following statements about the cautionary rules and choose the correct option:
The cautionary rule relating to a single witness is limited to a situation where only one person testifies
for the prosecution.
, 7. Identify the correct statement from the options below: Section 35(3) of the Constitution
provides that every accused person shall have the right to a fair trial, which includes the right …
to adduce and challenge evidence and not to be a compellable witness against himself or herself.
8. Consider the following statements about confessions and identify the correct option:
A statement that contains a defence can never be a confession.
9. Consider the following statements and choose the correct option:
If the current South African law does not provide a solution to an evidentiary problem, our courts will
first of all search for a solution in the early Roman-Dutch law. OR
The “facts in dispute” in a particular case are heavily influenced by the applicable substantive law.
10. Consider the following statements and choose the correct option:
Evidence presented during a trial-within-a trial will only be allowed in the main trial if it directly relates
to the facts in issue in the main trial.
11. Consider the following statements regarding legal professional privilege and identify the correct
statement:
a.If an independent third provides information to a legal advisor, that communication will be
privileged, in other words, the client can prevent such a person from revealing the information.
b.
Legal professional privilege falls away if a statement can prove the innocence of an accused.
c.
If an agent provides information to a legal advisor, that communication will be privileged, in other
words, the client can prevent such a person from revealing the information.
d.
If an accused testifies in court about what was said between him and his legal advisor, he or she can
still claim the privilege at a later stage
11. Private documents ...are an exception to the hearsay rule
1. Mrs Philanderer has grown tired of her husband's suspected marital infidelities. She engages the
services of a private detective who takes long-range photographs with his camera of Mr
Philanderer engaged in improper extra-marital activities. Mrs Philanderer intends using these
photographs in court. Consider the following statements and choose the correct option:
The photographs will be documentary evidence.
2. Consider the following statements about the admissibility of admissions and confessions and
choose the correct option:
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.
3. 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 …
hearsay evidence.
4. The accused is charged with having taken part in a bank robbery on 15 May 2023 in
Johannesburg. His defence is that he spent that day with his family at the zoo. In support of this
alibi, he calls a witness named Peter who states that he was at the zoo on 15 May 2023 while on
holiday and that he saw the accused there. During cross-examination it is put to Peter that he is
mistaken and that he had only visited the zoo the following weekend. He denies that he is
mistaken. The state now wishes to call Peter's employer to confirm that he was working on 15
May 2023 and only went on leave the next week. Consider the following statements and choose
the correct option:
Peter's evidence may be contradicted with other evidence if the purpose is to show that he is not a
credible witness.
5. Consider the following statements and choose the correct option:
If evidence is logically relevant, the question about the weight of that evidence does not arise.
6. Consider the following statements about the cautionary rules and choose the correct option:
The cautionary rule relating to a single witness is limited to a situation where only one person testifies
for the prosecution.
, 7. Identify the correct statement from the options below: Section 35(3) of the Constitution
provides that every accused person shall have the right to a fair trial, which includes the right …
to adduce and challenge evidence and not to be a compellable witness against himself or herself.
8. Consider the following statements about confessions and identify the correct option:
A statement that contains a defence can never be a confession.
9. Consider the following statements and choose the correct option:
If the current South African law does not provide a solution to an evidentiary problem, our courts will
first of all search for a solution in the early Roman-Dutch law. OR
The “facts in dispute” in a particular case are heavily influenced by the applicable substantive law.
10. Consider the following statements and choose the correct option:
Evidence presented during a trial-within-a trial will only be allowed in the main trial if it directly relates
to the facts in issue in the main trial.
11. Consider the following statements regarding legal professional privilege and identify the correct
statement:
a.If an independent third provides information to a legal advisor, that communication will be
privileged, in other words, the client can prevent such a person from revealing the information.
b.
Legal professional privilege falls away if a statement can prove the innocence of an accused.
c.
If an agent provides information to a legal advisor, that communication will be privileged, in other
words, the client can prevent such a person from revealing the information.
d.
If an accused testifies in court about what was said between him and his legal advisor, he or she can
still claim the privilege at a later stage
11. Private documents ...are an exception to the hearsay rule
