LEV3701 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

Well-structured LEV3701 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)....Question 1 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about admissions and choose the correct option: 1. Evidence about an involuntary pointing out will be admissible if a relevant fact is discovered because of such apointing out. 2. Formal admissions in civil matters can be withdrawn without permission from the court. 3. Section 218(1) of the Criminal Procedure Act 51 of 1977 essentially states that evidence of any fact may beadmitted at criminal proceedings, notwithstanding that the witness discovered such fact only in consequence ofinformation given by an accused in a confession or statement which is not admissible. 4. Formal admissions in criminal matters are so called because a magistrate must formally confi rm and reduce themto writing before the trial commences. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 2 Not yet answered Marked out of 1.00 QUIZ The accused, a medical doctor, is charged with two counts of sexual assault on two female patients that allegedly occurredwhile they were under hypnosis. The fi rst count alleges that he had sexually assaulted a woman called "Mary" during aconsultation on 12 April 2023. The second count alleges that he had sexually assaulted a woman called "Jane" on 2 May2023. Mary committed suicide before the start of the trial. Several months before her death Mary had, however, made astatement to the police about the alleged assault. She had also told two friends, Ken and Allan, that the accused had sexuallyassaulted her. Jane also told her close friends about the sexual assault. Jane will be called as a witness during the trial.Consider the following statements and choose the correct option: 1. The statements Jane made to her friends are hearsay statements. 2. Because this is a case of sexual nature, the accused will in principle be allowed to call witnesses to testify about thecharacter of Mary and Jane. 3. The statement Mary made to the Police is hearsay evidence. 4. The statements Mary made to Ken, Allan and the Police are previous consistent statements. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 3 Not yet answered Marked out of 1.00 QUIZ 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'swife is ... 1. both an identifying witness and a single witness. 2. only a single witness. 3. only an identifying witness. 4. incompetent to testify on behalf of the state. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 4 Not yet answered Marked out of 1.00 QUIZ Formal and informal admissions in criminal cases are different in that .... 1. formal admissions can only be made by the legal representative of the accused, whereas an informal admission canonly be made by the accused. 2. someone needs to testify about an informal admission, but no oral evidence is needed for a formal admission tobecome part of the evidence. 3. formal admissions must be made during some formal proceeding, but informal admissions can only be madeoutside of court before the trial commences. 4. formal admissions place the fact admitted beyond dispute, but informal admissions do not. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 5 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about admissions and confessions and choose the correct option: 1. By defi nition, confessions are also found in civil matters. 2. Informal admissions are termed as such because they are always made outside of court before a trail commences. 3. A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the makerthereof. 4. According to S v Grove-Mitchell 1975 (3) SA 417 (A) the following statement is a confession: “I shot her full of holes, Iemptied the gun on her”. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 6 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about documentary evidence and choose the correct option: 1. If the content of a document must be proved, secondary evidence will sometimes be accepted, but such evidencemust always be in writing. 2. An historical photo is stolen from a museum. In a subsequent theft case, such document will be classifi ed asdocumentary evidence. 3. When the subject matter of a cinematographic fi lm is at issue in court, it should be dealt with as documentaryevidence. 4. Evidence that aims to prove the content of a document can be classifi ed as hearsay evidence. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 7 Not yet answered Marked out of 1.00 QUIZ A 14-year-old complainant was raped by two young men. At the time of the rape she did not report the matter to her parentsor lay charges, but briefl y told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally metone of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her.The complainant testifi es during the case. Consider the following statements and choose the correct option: 1. Vanessa's evidence is admissible hearsay evidence. 2. Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. 3. Vanessa's evidence is evidence about a previous consistent statement. 4. Vanessa's evidence is inadmissible hearsay evidence. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 8 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about the evidence of an accomplice and choose the correct option: 1. A cautious approach is required only when the accomplice implicates the accused in the commission of the crime. 2. Caution is always essential when dealing with the evidence of an accomplice. 3. Corroboration by means of the evidence of another accomplice is not acceptable. 4. The risk of false incrimination is not reduced if the accomplice is a friend of the accused. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 9 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about the evaluation of evidence and choose the correct option: 1. The silence of an accused may affect the evidentiary burden and could therefore cause the accused to be convicted. 2. In criminal cases the state always bears the onus of proof regarding all issues and defences. 3. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a trial. 4. When evaluating circumstantial evidence, it is important for the court to consider each piece of circumstantialevidence in isolation. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 10 Not yet answered Marked out of 1.00 QUIZ Mr Whiskey is requested to stop at a roadblock after the annual offi ce party. A breathalyser test confi rms that his blood-alcohol content is well above the legal limit. A blood sample is taken against his will and sent for analysis. A certifi cate fromthe police forensic laboratory later confi rms the breathalyser result. Consider the following statements and choose thecorrect option: 1. The police are not allowed to take a blood sample against the will of a suspect. 2. The certifi cate from the laboratory is an example of documentary evidence. 3. The blood sample is an example of expert evidence. 4. The blood sample is an example of evidence of uncertain classifi cation. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 11 Not yet answered Marked out of 1.00 QUIZ X is arrested and charged with the murder of his wife. The victim was found dead in her bath. The investigating offi cer, acaptain in the SAPS, tells X that the police are also investigating other murder cases against him and that he would possiblynot be charged with the other murders if he confesses to the current charge against him. X, therefore confesses to themurder and also proceeds to point out a pair of gloves hidden away in his garage. This pair of gloves was allegedly used inthe process of drowning the victim and has some of her hair attached to them. Consider the following statements andchoose the correct option: 1. Because the confession was made to a captain in the SAPS, it will be admissible evidence. 2. X's statement to the captain is an inadmissible confession. 3. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(2) of theCriminal Procedure Act 51 of 1977. 4. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(1) of theCriminal Procedure Act 51 of 1977. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 12 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about corroboration and choose the correct option: 1. The answer to a question during cross-examination could never provide corroborative evidence. 2. Corroboration can never come from the same source as the evidence which the corroborative evidence seeks tocorroborate. 3. When a party is required to provide corroboration for certain evidence, this means that the burden of proof changes. 4. As a matter of procedure, a formal admission can never provide corroborative evidence. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 13 Not yet answered Marked out of 1.00 QUIZ Mrs Philanderer has grown tired of her husband's suspected marital infi delities. She engages the services of a privatedetective 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: 1. The photographs will be expert evidence. 2. The photographs will be documentary evidence. 3. The photographs will be evidence of uncertain classifi cation. 4. The photographs will be real evidence. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 14 Not yet answered Marked out of 1.00 QUIZ Consider the following statements about the privilege against self-incrimination and choose the correct option: 1. According to S v Dlamini 1999 (2) SACR 51 (CC) no evidence given by an accused during a bail hearing can ever beused against him in the main trial. 2. The privilege against self-incrimination is available to a witness who testifi es at an inquest. 3. A witness may refuse to enter the witness box and testify on the basis that, what he is about to say, is protected byprivilege. 4. The testimony given by a witness in a criminal case can never be used against him in a subsequent criminal case ifthe presiding offi cer at the fi rst proceedings did not inform him of his rights as a witness. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 15 Not yet answered Marked out of 1.00 QUIZ Consider the following statements regarding marital privilege and choose the correct option: 1. During a domestic violence dispute, a husband points a gun at his wife and verbalises his intention to kill her and thechildren. In a following criminal case, the wife can be forced to testify about the pointing of the gun and about whather husband said to her during the dispute. 2. Marital privilege belongs to the party who receives a specifi c communication. 3. Marital privilege belongs to the party who makes a specifi c communication. 4. Because of the constitutional right to privacy, a third party that overhears a conversation between two spouses canbe prevented from testifying about it in a court of law. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 16 Not yet answered Marked out of 1.00 QUIZ Consider the following statements regarding legal professional privilege and choose the correct option: 1. If an accused testifi es in court about what was said between him and his legal advisor, he or she can still claim theprivilege at a later stage. 2. If an independent third party provides information to a legal advisor, that communication will be privileged, in otherwords, the client can prevent such a person from revealing the information. 3. Legal professional privilege falls away if a statement can prove the innocence of an accused. 4. If an agent provides information to a legal advisor, that communication will be privileged, in other words, the clientcan prevent such a person from revealing the information. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 17 Not yet answered Marked out of 1.00 QUIZ An otherwise inadmissible confession might become admissible if … 1. an accused gives evidence about a statement which is to his advantage and which does not form part of theinadmissible confession. 2. an accused gives evidence about a statement which is to his disadvantage and which does not form part of theinadmissible confession. 3. an accused gives evidence about a statement which is to his disadvantage and which forms part of the inadmissibleconfession. 4. an accused gives evidence about a statement which is to his advantage and which forms part of the inadmissibleconfession. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 18 Not yet answered Marked out of 1.00 QUIZ The accused is forced to point out the gun that he used to kill his wife. The gun, which has the accused’s fi ngerprints on it,will be … 1. inadmissible in terms of section 218(2) 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(1) of the Criminal Procedure Act 51 of 1977. 4. admissible in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 19 Not yet answered Marked out of 1.00 QUIZ X parks outside the University examination centre and, upon his return, notices that another motorist must have collided withhis car whilst he was writing exam. Another student comes up to him and says that he witnessed the incident and that healso took down the other vehicle's registration number. The student hands X a piece of paper with a number written on it. Thestudent then disappears before X can ask her name. X proceeds to sue the owner of the car and the piece of paper istendered into evidence. The piece of paper will be ... 1. normal documentary evidence. 2. real evidence. 3. hearsay evidence. 4. opinion evidence. Clear my choice UNISA  2024  LEV3701-24-S2  Welcome Message  Assessment 2 Question 20 Not yet answered Marked out of 1.00 QUIZ The investigating offi cer takes A, the suspect in a murder case, to a place in the bush where A points out a pistol. “This is thepistol”, he declares. Ballistic tests confi rm that the pistol was used to kill the deceased. A’s behaviour (not his statement) is … 1. an informal admission by conduct. 2. a confession. 3. hearsay evidence. 4. a formal admission.