Exam (elaborations)
These exam packs contain assignment answers and study notes to assist with exam prep
- Course
- Institution
These exam packs contain assignment answers and study notes to assist with exam prep
[Show more]
Seller
Follow
neelamdawakee
Content preview
,© 2018 University of South AfricaAll rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
LEV3701/1/2019–2022
70655650
Shutterstock.com images used
InDesign
MNB_Style
,CONTENTS
968 Page
INTRODUCTION viii
LEARNING UNIT 1: OVERVIEW 1
1.1 THE LAW OF EVIDENCE IS A WHOLE FIELD OF LAW 1
1.2 OVERVIEW OF THE LAW OF EVIDENCE 1
1.3 THE INEXACTNESS OF THE LAW OF EVIDENCE 3
1.4 THE IMPORTANCE OF THE LAW OF EVIDENCE 3
PART 1: General concepts and sources of the law of evidence 5
LEARNING UNIT 2: CONCEPTS IN THE LAW OF EVIDENCE 6
2.1 SUBSTANTIVE AND ADJECTIVE LAW 6
2.2 PROOF AND THE LAW OF EVIDENCE 7
LEARNING UNIT 3: SOURCES OF THE LAW OF EVIDENCE 10
3.1 HISTORICAL SOURCES 10
3.2 KNOWLEDGE SOURCES 10
3.2.1 The rights of arrested people 11
3.2.2 The rights of a detained person 11
3.2.3 The rights of any accused person 12
3.2.4 The limitation clause 12
3.2.5 Interpretation 12
3.3 RESIDUARY SECTIONS 13
3.4 THE LAW OF EVIDENCE AND CUSTOMARY LAW 14
3.4.1 Introduction 14
3.4.2 General 15
3.4.3 Some examples of evidence or types of evidence 17
PART 2: The presentation of evidence 19
LEARNING UNIT 4: STAGES IN THE TRIAL PROCESS AND THE PRESENTATION OF
ORAL EVIDENCE 20
4.1 OVERVIEW OF EVENTS IN CRIMINAL AND CIVIL TRIALS 20
4.2 THE PRESENTATION OF ORAL EVIDENCE 21
4.2.1 Examination-in-chief 22
4.2.1.1 Credibility 22
4.2.1.2 Leading questions 22
4.2.1.3 Unfavourable and hostile witnesses 22
4.2.1.4 The witness may refresh her memory 23
4.2.2 Cross-examination 24
4.2.3 Re-examination 25
4.3 WITNESSES CALLED BY THE COURT 26
4.4 ARGUMENT 26
LEARNING UNIT 5: WITNESSES 28
5.1 PROCEDURE 29
(iii) LEV3701/1
, 5.2 COMPETENCE 29
5.2.1 General rule 29
5.2.2 Exceptions to the general rule 29
5.2.2.1 Children 29
5.2.2.2 Mentally disordered or intoxicated witnesses 30
5.2.2.3 Officers of the court 31
5.3 COMPELLABILITY 31
5.3.1 Spouses 31
5.3.1.1 Spouse as a state witness 32
5.3.1.2 The spouse as a defence witness 33
5.3.2 Accused persons 33
5.3.3 Co-accused 33
5.3.3.1 Co-accused as defence witness 34
5.3.3.2 Co-accused as prosecution witness 34
LEARNING UNIT 6: REAL EVIDENCE 37
6.1 INTRODUCTION 37
6.2 PERSONAL APPEARANCE 38
6.3 INSPECTIONS IN LOCO, DEMONSTRATIONS AND BODILY SAMPLES 39
6.4 FINGERPRINTS AND HANDWRITING 40
6.5 EVIDENCE DERIVED FROM A COMPUTER AND OTHER DIGITAL DEVICES 41
LEARNING UNIT 7: DOCUMENTARY EVIDENCE 43
7.1 ADMISSION OF DOCUMENTARY EVIDENCE 43
7.2 THE DEFINITION OF DOCUMENTARY EVIDENCE 44
7.3 PRODUCING THE ORIGINAL DOCUMENT 45
7.3.1 General 45
7.3.2 Exceptions (or the admissibility of secondary evidence) 46
7.3.2.1 General 46
7.3.2.2 The exception in the case of official documents 46
7.3.2.3 Other exceptions 47
7.4 PROOF OF AUTHENTICITY 47
7.4.1 General 47
7.4.2 Proving authenticity 48
7.4.3 Exceptions to the rule regarding authenticity 48
7.5 PUBLIC DOCUMENTS 50
7.6 STAMP DUTIES ACT 77 OF 1968 50
7.7 DISCOVERY, INSPECTION AND PRODUCTION OF DOCUMENTS 51
7.8 ELECTRONIC DOCUMENTS 51
LEARNING UNIT 8: EVIDENCE OF UNCERTAIN CLASSIFICATION 53
8.1 PRODUCTS OF MODERN TECHNOLOGY AS EVIDENCE 53
8.2 PHOTOGRAPHS AS EVIDENCE 54
8.3 VIDEO AND AUDIO AS EVIDENCE 54
8.4 COMPUTER OUTPUT AS EVIDENCE 55
8.4.1 Background to the ECT Act 55
8.4.2 Application of the ECT Act 56
PART 3: The admissibility of certain types of evidence 59
LEARNING UNIT 9: RELEVANCE AND ADMISSIBILITY OF EVIDENCE 60
9.1 INTRODUCTION 60
9.2 WHAT IS MEANT BY “RELEVANCE”? 61
9.2.1 Definition of relevance 62
9.2.2 The importance of “the issues” 63
(iv)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller neelamdawakee. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.48. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78112 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now