LEV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025

LEV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... Identify the correct statement: Section 35(2) of the Constitution provides for the rights of a detained person, including … A. the right to be informed of the charge with sufficient details to answer it (s 35(3)(a)). B. the right to adduce and challenge evidence and not to be a compellable witness against himself or herself (s 35(3)(i)and (j)). C. the right to choose, and to consult with a legal practitioner, and to be informed of this right promptly (s 35(2)(b)). D. the right to be presumed innocent, to remain silent during the plea proceedings as well as during the trial, and not totestify during the trial (s 35(3) ). X and Y are accused of removing Y’s son from the custody of his estranged wife (W) and kidnapping him to an unknowndestination. W was an eyewitness to the kidnapping. Consider the following statements, and choose the correct option: A. X can compel Y to testify in defence of X. B. Y can compel W to testify on his behalf. C. X can compel W to testify on his behalf. D. Y can compel X to testify in defence of Y. Consider the following statements about the relevance and admissibility of evidence, and choose the correct statement: A. Irrelevant evidence will never be admissible, but relevant evidence will always be admissible. B. Facts relevant to the facts in issue may become in issue themselves. An example would be the reliability of awitness. C. During a trial, the court must first consider the competency of a witness, then the admissibility of evidence, andfinally the weight or persuasive value of evidence. The “weight” of evidence therefore plays no part when the courtconsiders the admissibility of that evidence. D. A finding by a court that a piece of evidence is inadmissible due to irrelevance is final and cannot be reconsideredduring the same trial. Consider the following statements and choose the correct option: A. In civil proceedings, the spouse of a party is always a competent and compellable witness for and against the partyconcerned. B. The law as to the competence and compellability to testify is controlled by a residuary clause in the CriminalProcedure Act 51 of 1977. C. An unfavourable witness is someone who testifies with the intention to prejudice the case of the party who calledhim. D. A witness who wishes to rely on privilege, e.g., the privilege against self-incrimination, may refuse to enter thewitness box. Consider the following statements, and choose the correct option: A. In terms of section 37 of the Civil Proceedings Evidence Act 25 of 1965, documents which are proved to be not lessthan 15 years old, and come from proper custody, are presumed to have been duly executed if there is nothing tosuggest the contrary. B. At common law, public documents are admissible to prove the truth of what they contain. This means that they aretreated as an exception to the hearsay rule. C. If the contents of a document must be proved, secondary evidence will sometimes be accepted, but it always mustbe in written form. D. A title deed, a birth certificate and a passport are examples of public documents.