Criminal Procedure Act Study Guide
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Questions and Answers

What is the general speed limit on public roads within urban areas, excluding freeways?

  • 70 kilometres per hour
  • 40 kilometres per hour
  • 50 kilometres per hour
  • 60 kilometres per hour (correct)

    • What does the law of evidence generally regulate?

  • The production of witnesses in court
  • The proof of facts in a court of law (correct)
  • The formulation of legal arguments
  • The sentencing of convicted individuals

    • What is required for the guilt of an accused person to be established in court?

  • A majority opinion from the jury
  • Proof beyond reasonable doubt (correct)
  • Evidence presented under oath
  • Consensus of witness testimonies

    • Which of the following terms defines the evidence presented in court?

    <p>Probative material</p> Signup and view all the answers

    Which type of law prescribes the procedures to be followed in court?

    <p>Adjective law</p> Signup and view all the answers

    Which of the following best describes 'evidence' in a legal context?

    <p>Oral statements made in court under oath</p> Signup and view all the answers

    What is necessary for a fact to be accepted as the truth for a specific case?

    <p>Probative material presented to the court</p> Signup and view all the answers

    What distinguishes 'evidence' from 'proof'?

    <p>Evidence is not yet proven true in court as proof is</p> Signup and view all the answers

    What role does criminal procedure play in the legal system?

    <p>It prescribes court procedures for bringing a person to trial</p> Signup and view all the answers

    In the context of evidence, what does the term 'evidentiary material' refer to?

    <p>The collective parts contributing to proof</p> Signup and view all the answers

    What is the purpose of the learning units in the study guide?

    <p>To keep students engaged for about a week on each unit</p> Signup and view all the answers

    In which part of the study guide is the evaluation of evidence discussed?

    <p>Part 4: The evaluation of evidence</p> Signup and view all the answers

    What type of assistance does Part 5 of the study guide provide?

    <p>Technical terms glossary and feedback on activities</p> Signup and view all the answers

    What does Part 2 of the study guide focus on?

    <p>How evidence is presented in court</p> Signup and view all the answers

    Which activity format is most commonly included in the learning units?

    <p>Activities that require reading or writing essays</p> Signup and view all the answers

    What foundational aspect does Part 1 of the study guide cover?

    <p>Basic concepts and sources of law of evidence</p> Signup and view all the answers

    How many learning units does the study guide consist of?

    <p>18 learning units</p> Signup and view all the answers

    Which of the following components is NOT specified as part of the study guide's structure?

    <p>Presentations from guest speakers</p> Signup and view all the answers

    What is expected from students while completing activities in the learning units?

    <p>Compile their own tutorial material</p> Signup and view all the answers

    What is the main condition under which rights granted by chapter 2 of the Constitution can be limited?

    <p>The limitation must be reasonable and justifiable in an open and democratic society.</p> Signup and view all the answers

    Which of the following factors is NOT considered when determining the justification for a limitation under section 36(1)?

    <p>The duration of the limitation</p> Signup and view all the answers

    What does section 36(2) stipulate regarding the limitation of rights protected in the Bill of Rights?

    <p>Rights may only be limited as provided in subsection (1).</p> Signup and view all the answers

    In interpreting chapter 2 of the Constitution, which of the following must courts take into consideration according to section 39(1)?

    <p>International law and comparable foreign law</p> Signup and view all the answers

    What is the primary purpose of cross-examination?

    <p>To cast doubt on the credibility of the witness</p> Signup and view all the answers

    What is one of the established procedures in the two-phased interpretation mandated by the limitation clause?

    <p>Identifying whether a right has been infringed.</p> Signup and view all the answers

    The similarity between the South African Bill of Rights and the Canadian Charter of Rights primarily supports what type of judicial consideration?

    <p>Importance of foreign case law in judicial decisions.</p> Signup and view all the answers

    Which party is responsible for conducting examination-in-chief?

    <p>The party that called the witness</p> Signup and view all the answers

    What aspect is emphasized in section 36(1) when assessing the purpose of a limitation?

    <p>The relationship between the limitation and its purpose must be established.</p> Signup and view all the answers

    During which phase can a witness refresh their memory using a document?

    <p>Examination-in-chief</p> Signup and view all the answers

    What type of evidence is primarily targeted during cross-examination?

    <p>Credibility of the witness</p> Signup and view all the answers

    What is the role of the Judicial Court regarding evidence law in democratic countries like Canada?

    <p>To consult foreign evidence law for guidance.</p> Signup and view all the answers

    Which of the following best describes the 'limitation clause' within section 36?

    <p>It sets criteria under which rights may be reasonably limited.</p> Signup and view all the answers

    Which of the following best describes re-examination?

    <p>Conducted by the party that called the witness to clarify previous statements</p> Signup and view all the answers

    What must a witness demonstrate to refresh their memory while testifying?

    <p>The facts must have been clear when the document was created</p> Signup and view all the answers

    The term 'reasonable and justifiable' in relation to the limitation clause refers to what kind of quality?

    <p>Adherence to objective legal and ethical criteria.</p> Signup and view all the answers

    What does the law of evidence primarily deal with?

    <p>The determination of legal rights and obligations</p> Signup and view all the answers

    Which of the following is NOT typically governed by the law of evidence?

    <p>Negotiations of business deals</p> Signup and view all the answers

    What is a key distinction a student of the law of evidence should recognize?

    <p>Between evidence and evidential material</p> Signup and view all the answers

    Why is the concept of proof significant in the law of evidence?

    <p>It lies at the heart of how evidence is evaluated</p> Signup and view all the answers

    Substantive law is primarily concerned with which of the following?

    <p>Legal rights and obligations</p> Signup and view all the answers

    What is the main purpose of studying the law of evidence?

    <p>To place the law of evidence in its legal context</p> Signup and view all the answers

    Which of the following statements about adjective law is true?

    <p>It is concerned with the administrative aspects of legal proceedings</p> Signup and view all the answers

    Which of the following best defines evidential material?

    <p>Elements that can substantiate claims made in a case</p> Signup and view all the answers

    In which scenario would the law of evidence be irrelevant?

    <p>A business's decision-making process</p> Signup and view all the answers

    Study Notes

    Method of Study

    • The study guide comprises 18 learning units, designed to be completed over approximately one week each.
    • Includes various activities and assignments for practical understanding of the law of evidence.
    • Assignments are outlined in Tutorial Letter 101, and their compulsory nature will be clarified in the guide.

    Structure of the Study Guide

    • Part 1 covers general concepts and sources of the law of evidence.
    • Part 2 focuses on the presentation of evidence in court.
    • Part 3 discusses admissibility of specific types of evidence.
    • Part 4 explains the evaluation of evidence.
    • Part 5 offers tutorial assistance, including a glossary and feedback on activities.

    Importance of the Law of Evidence

    • The law of evidence is fundamental across all legal proceedings, whether criminal or civil.
    • Applicable to diverse legal situations, such as contract disputes, wills, and claims for damages.

    Key Concepts in the Law of Evidence

    • Differentiation between key terms: evidence, evidential material, and proof.
    • Substantive law defines rights and obligations, while adjective law (including criminal procedure) outlines procedural aspects.
    • Law of evidence is classified as adjective law, focusing on how facts are legally proven.

    Proof and Evaluation in Evidence Law

    • The law of evidence regulates how facts are proven in court, establishing proof as a core concept.
    • The court evaluates probative materials to establish factual truth relevant to legal cases.
    • Evidence encompasses oral statements, documents, and physical objects presented in court.

    Limitation Clause (Section 36)

    • Rights granted by the Constitution can be limited by law if the limitation is reasonable and justifiable.
    • Factors influencing limitations include the nature of the right, the purpose of the limitation, and the relationship between limitation and its purpose.

    Interpretation of the Constitution

    • Courts must consider international law when interpreting the Constitution, particularly regarding rights topics.
    • Comparison with other democracies, like Canada, helps understand evidence law interpretation.

    Argumentation in Court

    • After evidence presentation, parties can argue their case, referring to legal sources like case law and statutes.
    • Use of argument aims to sway the court towards a favorable decision based on the strength of the evidence and legal interpretation.

    Forms of Evidence and Examination

    • Types of evidence include documentary, real, and oral evidence, depending on the nature of the case.
    • Examination-in-chief is performed by the party calling a witness, avoiding leading questions.
    • Cross-examination focuses on casting doubt on the witness's credibility.
    • Re-examination allows clarification of issues raised during cross-examination.

    Self-Evaluation Questions

    • Understand differences between cross-examination and re-examination.
    • Learn distinctions between examination-in-chief and cross-examination.
    • Identify requirements for a witness to refresh memory during testimony.

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    Description

    This study guide is designed to enhance your understanding of the Criminal Procedure Act (1987) through 18 comprehensive learning units. Each unit is structured to be completed over a week, allowing time for activities and assignments to deepen your knowledge.

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