LEV3701 Assignment 2 QUIZ (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

LEV3701 Assignment 2 QUIZ (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... Question 1 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements regarding the onus of proof in criminal and civil matters and choose the correct option: A. The onus of proof rests on the state throughout a criminal trial, but the evidentiary burden sometimes shifts onto the accused, for instance when the state has established a good prima facie case. B. The incidence of the onus of proof is an issue that is determined by the procedural law. C. In both criminal and civil cases, the evidentiary burden is only relevant at the end of a trial. D. In criminal cases, the state always bears the onus of proof regarding all issues and defences. Clear my choice Question 2 Not yet answered 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 ... A. both an identifying witness and a single witness. B. incompetent to testify on behalf of the state. C. only a single witness. D. only an identifying witness. Clear my choice Question 3 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements regarding marital privilege and choose the correct option: A. A third party that overhears a conversation between two spouses cannot testify about that communication in a court of law. B. Marital privilege belongs to the party who made a specific communication. C. 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. D. 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. Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Question text The complainant, an alcoholic, alleges that she was raped in an ambulance by an assistant who claims that the complainant consented to the sexual intercourse. At the hospital, she repeatedly alleged rape and was overheard by a nurse. During the trial, the complainant, suffering from alcoholic amnesia, cannot remember her repeated statements. Consider the following options and choose the correct answer: A. Her statements at the hospital are inadmissible self-serving statements that cannot be admitted because of the rule against self-corroboration. B. Her statements at the hospital are inadmissible hearsay. C. Her statements at the hospital are admissible previous consistent statements because it shows her state of mind at the time of the rape. D. Her statements at the hospital are admissible hearsay. Clear my choice Question 5 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about admissions and choose the correct option: A. Formal admissions in civil matters can be withdrawn without permission from the court. B. Formal admissions in criminal matters are so called because a magistrate must formally confirm and reduce them to writing before the trial commences. C. Evidence about an involuntary pointing out will be admissible if a relevant fact is discovered because of such a pointing out. D. Section 218(1) of the Criminal Procedure Act 51 of 1977 essentially states that evidence of any fact may be admitted at criminal proceedings, notwithstanding that the witness discovered such fact only in consequence of information given by an accused in a confession or statement which is not admissible. Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about corroboration and choose the correct option: A. When a party is required to corroborate specific evidence, it means that he or she will carry a larger evidentiary burden than usual. B. Documentary evidence can never serve as corroborative evidence. C. All South African legal rules with respect to corroboration are derived from Canadian law. D. Evidence, which is normally inadmissible, may become admissible if the only purpose of it is to corroborate other evidence. Clear my choice Question 7 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about admissions and confessions and choose the correct option: A. A subjective test is used to determine whether a statement is an admission, and an objective test is used to determine whether such a statement was voluntarily made. B. A confession which was voluntarily made, but which is inadmissible because some other requirement for admissibility was not met, may still be admissible if it is relevant and contains an admission. C. A statement that is meant to be exculpatory can be an admission if, in the end, it is to the detriment of the maker thereof. D. A statement is a confession if it was freely and voluntarily made by a person in his sound and sober senses and without having been unduly influenced thereto. Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text 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 parents or lay charges, but briefly told Vanessa, a friend, about the incident. Nineteen years later the complainant accidentally met one of her assailants. These revived memories of her ordeal and prompted her to lay charges against the men who raped her. The complainant testifies during the case. Consider the following statements and choose the correct option: A. Vanessa's evidence is evidence about a previous consistent statement. B. Vanessa's evidence is admissible hearsay evidence. C. Because the case is of a sexual nature, the court must approach the complainant's evidence with caution. D. Vanessa's evidence is inadmissible hearsay evidence. Clear my choice Question 9 Not yet answered Marked out of 1.00 Flag question Question text Sipho and his wife, Eunice, have been experiencing marital difficulties for some time. One evening, while Sipho was supposedly working late, Eunice was stabbed to death. After a long investigation, the police arrested and charged Sipho with the murder of Eunice. At the trial, Sipho’s attorney attempts to have Sipho’s neighbour, Innocent, testify that his (Innocent’s) wife, Joyce, had told him (Innocent), that she was having an affair with Sipho, and that she had murdered Eunice out of jealousy and a “passionate desire” to be with Sipho. Innocent is ready and willing to testify. Although aware of the trial, Joyce decides to stay at home. The prosecution objects to the admissibility of Innocent’s evidence. Consider the following statements and choose the correct option: A. Joyce’s statement is inadmissible, because it was not confirmed and reduced to writing in the presence of a magistrate or a justice of the peace. B. Joyce’s statement, which was made freely and voluntarily and while she was in her sound and sober senses and without undue influence, is admissible evidence of a confession. C. The prosecution will be successful with their objection since Joyce’s statement is privileged information. D. Innocent’s testimony about Joyce’s statement will be inadmissible hearsay evidence. Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text The plaintiff testifies that just before a road accident he had seen a lorry coming towards him. During cross-examination it is suggested to him that he is fabricating this sighting of the lorry because he did not mention the lorry when making his statement to the police. The plaintiff now wants to submit evidence that he mentioned the lorry to another witness shortly after the accident. This evidence will be ... A. admissible to corroborate the plaintiff's evidence. B. hearsay evidence. C. inadmissible due to irrelevance. D. admissible to support the plaintiff's credibility. Clear my choice Question 11 Not yet answered 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 ... A. an informal admission. B. hearsay. C. a formal admission. D. a confession. Clear my choice Question 12 Not yet answered Marked out of 1.00 Flag question Question text During a civil matter, the plaintiff wants to present the record of a witness’s evidence in a criminal trial based on the same facts, as evidence against the defendant. The evidence will be: A. hearsay evidence. B. evidence about a previous consistent statement. C. admissible opinion evidence. D. similar fact evidence. Clear my choice Question 13 Not yet answered Marked out of 1.00 Flag question Question text Two accused are charged with dealing in cocaine. Accused A testifies that he received a packet with unknown contents from accused B to keep for accused B. He states that he had no knowledge of the contents of the packet and thus places the blame squarely on accused B. The prosecution now wants to question accused A about two previous convictions for possession of and dealing in cocaine. Such questioning by the prosecution ... A. will be admissible in terms of section 197 of the Criminal Procedure Act 51 of 1977. B. will be inadmissible in terms of section 197 of the Criminal Procedure Act 51 of 1977. C. will be admissible in terms of section 252 of the Criminal Procedure Act 51 of 1977. D. will be inadmissible in terms of section 211 of the Criminal Procedure Act 51 of 1977. Clear my choice Question 14 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about confessions and choose the correct option: A. A confession can only be used as evidence in court if it was also reduced to writing at the time it was made. B. A statement that contains a defence can never be a confession. C. 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. D. If you make a confession to a friend (who is not also a peace officer), evidence about that confession will be inadmissible, unless your friend is also a justice of the peace. Clear my choice Question 15 Not yet answered Marked out of 1.00 Flag question Question text A suspect is arrested for allegedly raping a victim and makes a statement to the police. Consider the following options and choose the correct answer: A. The suspect’s statement to the police will be a confession if he stated, “I raped her”. B. The suspect’s statement to the police will be a formal admission if he stated, “I raped her”. C. The suspect’s statement to the police will be a confession if he stated, “I had sex with her”. D. The suspect’s statement to the police will be a formal admission if he stated, “I had sex with her”. Clear my choice Question 16 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements regarding legal professional privilege and choose the correct option: A. Legal professional privilege falls away if a statement can prove the innocence of an accused. B. 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. 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 independent third party 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. Clear my choice Question 17 Not yet answered Marked out of 1.00 Flag question Question text Confessions have certain characteristics. Consider the following statements and choose the statement that is not correct: A. Confessions are admissible at criminal and civil proceedings. B. Confession can only be made directly by the confessor. C. Confessions may be made informally before a criminal trial or formally as a plea of guilty at trial. D. Confessions must be a direct and express oral or written statement. Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text X is arrested and charged with the murder of his wife. The victim was found dead in her bath. The investigating officer, a captain in the SAPS, tells X that the police are also investigating other murder cases against him and that he would possibly not be charged with the other murders if he confesses to the current charge against him. X therefore confesses to the murder and also proceeds to point out a pair of gloves hidden away in his garage. This pair of gloves was allegedly used in the process of drowning the victim and has some of her hair attached to them. Consider the following statements and choose the correct option: A. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(1) of the Criminal Procedure Act 51 of 1977. B. X's statement to the captain is an inadmissible confession. C. Because the confession was made to a captain in the SAPS, it will be admissible evidence. D. Because the pointing out was voluntarily made, it will be admissible evidence in terms of section 218(2) of the Criminal Procedure Act 51 of 1977. Clear my choice Question 19 Not yet answered Marked out of 1.00 Flag question Question text Consider the following statements about the privilege against self-incrimination and choose the correct option: A. A witness may refuse to enter the witness box and testify on the basis that, what he is about to say, is protected by privilege. B. According to S v Dlamini 1999 (2) SACR 51 (CC) no evidence given by an accused during a bail hearing can ever be used against him in the main trial. C. The privilege against self-incrimination is available to a witness who testifies at an inquest. D. The testimony given by a witness in a criminal case can never be used against him in a subsequent criminal case if the presiding officer at the first proceedings did not inform him of his rights as a witness. Clear my choice Question 20 Not yet answered Marked out of 1.00 Flag question Question text A is wounded during a robbery and found bleeding by B. A tells B: "I am alive". This evidence is tendered to show that A was in fact still alive at the time. B's evidence about what A told him will be ... A. admissible oral evidence. B. opinion evidence. C. inadmissible hearsay. D. admissible hearsay. Clear my choice