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lev3701 law of evidence 30 may 2022 exam memo.pdf
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LEV3701,Law Of Evidence 30 May
2022 exam memo
,Compiled by studybuddy10111 Any error omitted please revert to your study guide For more law study packs contact
mabela2by2@gamil.com Stuvia.com - The study-notes marketplace
CONTENTS
❖ MULTIPLE CHOICE QUESTIONS AND ANSWERS REVISION DOC
❖ May / June 2019 – Examination Questions And Answers
❖ May / June 2018 –Examination Questions And Answers
❖ Oct / Nov 2018 – Examination Questions And Answers
❖ Longer Questions and Answers for Exam Prep Plus Scenario Type
Questions and Answers
❖ Law of Evidence Summarised Notes
❖ extras
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, Compiled by studybuddy10111 Any error omitted please revert to your study guide For more law study packs contact
mabela2by2@gamil.com Stuvia.com - The study-notes marketplace
Question 1
(a) The law of evidence is unique, because it is part of the substantive law and the adjective
law.
(b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and
provides that the law on the competence and compellability of witnesses, as well as the
examination and cross-examination of witnesses, which would have been applicable on
1 January 1994, will apply in any case where no provision has been made in terms of
the Civil Proceedings Evidence Act or in terms of any other South African legislation.
(c) Documentary evidence is the most common means of adducing (presenting) evidence.
(d) A witness is required to give independent oral testimony and is never permitted to rely
on, or refer to, an earlier record.
Answer 1
(1) Only statement (a) is correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b), (c) and (d) are correct.
(4) Only statement (d) is correct.
(5) None of the statements is correct.
The correct answer is (5): None of the statements is correct. The correct answers can be found
at the following places in the study guide:
• Statement (a): See paragraph 2.1.
• Statement (b): See paragraph 3.3.
• Statement (c): See paragraph 4.2.
• Statement (d): See paragraph 4.2.1.4.
Question 2
(a) After a witness has given evidence-in-chief, she is re-examined by the opponent of the
party who called her.
(b) In both criminal and civil cases, the court may call its own witnesses without the consent of
the parties involved.
(c) Judges and magistrates are considered to be incompetent witnesses with respect to those
cases over which they preside.
(d) The general rule in the common law was that the spouse of an accused person could not
testify for or against such an accused.
Answer 2
(1) Only statements (a) and (b) are correct.
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