LEV3701
EXAM PACK
, lOMoARcPSD|21997160
LEV3701 OCT/NOV EXAM 2024
1) 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. Confessions must be a direct and express oral or written statement.
c. Confession can only be made directly by the confessor.
d. Confessions may be made informally before a criminal trial or formally as a
plea of guilty at trial.
2) Mr C testifies in court about the theft of his car. During cross-examination the
defence alleges that Mr C is lying. The prosecutor accordingly calls Mr W to
come and testify that Mr C had earlier told him the same thing. Mr W’s evidence
is....
a. opinion evidence.
b. circumstantial evidence.
c. hearsay evidence.
d. evidence about a previous consistent statement.
3) X and Y are accused of removing Y’s son from the custody of Y’s estranged wife
(W) and kidnapping him to an unknown destination. W was an eyewitness to the
kidnapping. Consider the following statements, and choose the correct option:
a. Y can compel X to testify in defence of Y.
b. X can compel Y to testify in defence of X.
c. Y can compel W to testify on his behalf.
d. X can compel W to testify on his behalf.
4) Examples of real evidence can include the following things: (1) handwriting
samples; (2) photographs; (3) films and (4) video recordings. Consider the
following options and choose the correct option:
a. Only examples (2) and (4) can be real evidence.
b. Only examples (1) and (3) can be real evidence.
c. All the examples can be real evidence.
d. Only examples (1) and (2) can be real evidence.
5) In both criminal and civil proceedings certain standards must be applied when
evidence is evaluated. Consider the following statements about these standards
and choose the correct option:
a. In criminal proceedings the state must prove its case beyond a reasonable
doubt.
b. In criminal proceedings the state must prove its case beyond all doubt.
, lOMoARcPSD|21997160
c. In a civil case the party bearing the onus of proof must prove his case beyond
a reasonable doubt.
d. Where the accused in criminal proceedings bears the burden of proof, he or
she must prove his or her case beyond all reasonable expectations.
6) 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:
a. The photographs will be real evidence.
b. The photographs will be expert evidence.
c. The photographs will be evidence of uncertain classification.
d. The photographs will be documentary evidence.
7) Consider the following statements about the cautionary rules and choose the
correct option:
a. A cautionary rule is a rule that is primarily found in legislation that prescribes a
specific approach to be adopted by the court to assist in the evaluation of
certain evidence.
b. Where the corroboration of an accomplice is offered by another accomplice,
it is obvious that the court must also approach the corroborative evidence with
caution.
c. The cautionary rule relating to a single witness is limited to a situation where
only one person testifies for the prosecution.
d. A cautionary rule is a rule of practice, bearing the mandatory character of a
legal rule, that is only applied in criminal cases and that is there to assist the
court in evaluating certain evidence.
8) Consider the following statements about corroboration and choose the correct
option:
a. Evidence, which is normally inadmissible, may become admissible if the only
purpose of it is to corroborate other evidence.
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. When a party is required to corroborate specific evidence, it means that he or
she will carry a larger evidentiary burden than usual.
9) Lucky is on trial for the murder of his wife. The prosecution claims that Lucky
committed the murder by poisoning his wife with arsenic. Lucky’s defence is
, lOMoARcPSD|21997160
that his wife committed suicide. Innocent, an attorney, is called by the
prosecution to testify that the accused approached him in his professional
capacity for legal advice and, during their discussions, admitted to having killed
his wife. Innocent subsequently declined to represent Lucky. Innocent’s
testimony …
a. will be inadmissible, because it is hearsay evidence.
b. will be admissible, because Lucky had told him of a crime that had already
been completed.
c. will be admissible, because he decided not to represent Lucky.
d. will be inadmissible, because the communication was privileged.
10) Consider the following statements and choose the correct option:
a. 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.
b. To be admissible, a confession made to a traffic officer must be confirmed
and reduced to writing in the presence of a magistrate or peace officer.
c. A statement made to a friend (who is not also a peace officer), will in principle
be a confession if the statement was freely and voluntarily made, while the
declarant was in his sound and sober senses and without being unduly
influenced thereto.
d. Conduct that does not amount to a communication, but from which an
unfavourable fact can be inferred, is not an admission, but circumstantial
evidence.
11) In the case of an alleged offence of a sexual nature, evidence of a previous
consistent statement will inter alia be admissible if the complaint was made …
a. at the first reasonable opportunity, and this could be weeks later, depending
on the circumstances of each individual case.
b. at the first reasonable opportunity, but not later than 24 hours after the
offence was committed.
c. at the first reasonable opportunity, but not later than 48 hours after the
offence was committed.
d. at the first reasonable opportunity, but not later than 12 hours after the
offence was committed.
12) Consider the following statements about the stages in a civil trial and choose the
correct option:
a. The plaintiff in a civil case will be the first party who undertakes cross-
examination.
b. A civil case always starts with the defendant who must present evidence first.
c. The defendant can ask for a discharge after the plaintiff closes her case.
EXAM PACK
, lOMoARcPSD|21997160
LEV3701 OCT/NOV EXAM 2024
1) 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. Confessions must be a direct and express oral or written statement.
c. Confession can only be made directly by the confessor.
d. Confessions may be made informally before a criminal trial or formally as a
plea of guilty at trial.
2) Mr C testifies in court about the theft of his car. During cross-examination the
defence alleges that Mr C is lying. The prosecutor accordingly calls Mr W to
come and testify that Mr C had earlier told him the same thing. Mr W’s evidence
is....
a. opinion evidence.
b. circumstantial evidence.
c. hearsay evidence.
d. evidence about a previous consistent statement.
3) X and Y are accused of removing Y’s son from the custody of Y’s estranged wife
(W) and kidnapping him to an unknown destination. W was an eyewitness to the
kidnapping. Consider the following statements, and choose the correct option:
a. Y can compel X to testify in defence of Y.
b. X can compel Y to testify in defence of X.
c. Y can compel W to testify on his behalf.
d. X can compel W to testify on his behalf.
4) Examples of real evidence can include the following things: (1) handwriting
samples; (2) photographs; (3) films and (4) video recordings. Consider the
following options and choose the correct option:
a. Only examples (2) and (4) can be real evidence.
b. Only examples (1) and (3) can be real evidence.
c. All the examples can be real evidence.
d. Only examples (1) and (2) can be real evidence.
5) In both criminal and civil proceedings certain standards must be applied when
evidence is evaluated. Consider the following statements about these standards
and choose the correct option:
a. In criminal proceedings the state must prove its case beyond a reasonable
doubt.
b. In criminal proceedings the state must prove its case beyond all doubt.
, lOMoARcPSD|21997160
c. In a civil case the party bearing the onus of proof must prove his case beyond
a reasonable doubt.
d. Where the accused in criminal proceedings bears the burden of proof, he or
she must prove his or her case beyond all reasonable expectations.
6) 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:
a. The photographs will be real evidence.
b. The photographs will be expert evidence.
c. The photographs will be evidence of uncertain classification.
d. The photographs will be documentary evidence.
7) Consider the following statements about the cautionary rules and choose the
correct option:
a. A cautionary rule is a rule that is primarily found in legislation that prescribes a
specific approach to be adopted by the court to assist in the evaluation of
certain evidence.
b. Where the corroboration of an accomplice is offered by another accomplice,
it is obvious that the court must also approach the corroborative evidence with
caution.
c. The cautionary rule relating to a single witness is limited to a situation where
only one person testifies for the prosecution.
d. A cautionary rule is a rule of practice, bearing the mandatory character of a
legal rule, that is only applied in criminal cases and that is there to assist the
court in evaluating certain evidence.
8) Consider the following statements about corroboration and choose the correct
option:
a. Evidence, which is normally inadmissible, may become admissible if the only
purpose of it is to corroborate other evidence.
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. When a party is required to corroborate specific evidence, it means that he or
she will carry a larger evidentiary burden than usual.
9) Lucky is on trial for the murder of his wife. The prosecution claims that Lucky
committed the murder by poisoning his wife with arsenic. Lucky’s defence is
, lOMoARcPSD|21997160
that his wife committed suicide. Innocent, an attorney, is called by the
prosecution to testify that the accused approached him in his professional
capacity for legal advice and, during their discussions, admitted to having killed
his wife. Innocent subsequently declined to represent Lucky. Innocent’s
testimony …
a. will be inadmissible, because it is hearsay evidence.
b. will be admissible, because Lucky had told him of a crime that had already
been completed.
c. will be admissible, because he decided not to represent Lucky.
d. will be inadmissible, because the communication was privileged.
10) Consider the following statements and choose the correct option:
a. 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.
b. To be admissible, a confession made to a traffic officer must be confirmed
and reduced to writing in the presence of a magistrate or peace officer.
c. A statement made to a friend (who is not also a peace officer), will in principle
be a confession if the statement was freely and voluntarily made, while the
declarant was in his sound and sober senses and without being unduly
influenced thereto.
d. Conduct that does not amount to a communication, but from which an
unfavourable fact can be inferred, is not an admission, but circumstantial
evidence.
11) In the case of an alleged offence of a sexual nature, evidence of a previous
consistent statement will inter alia be admissible if the complaint was made …
a. at the first reasonable opportunity, and this could be weeks later, depending
on the circumstances of each individual case.
b. at the first reasonable opportunity, but not later than 24 hours after the
offence was committed.
c. at the first reasonable opportunity, but not later than 48 hours after the
offence was committed.
d. at the first reasonable opportunity, but not later than 12 hours after the
offence was committed.
12) Consider the following statements about the stages in a civil trial and choose the
correct option:
a. The plaintiff in a civil case will be the first party who undertakes cross-
examination.
b. A civil case always starts with the defendant who must present evidence first.
c. The defendant can ask for a discharge after the plaintiff closes her case.
