Criminal Procedure Act Study Guide

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?

Probative material Signup and view all the answers

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

Adjective law Signup and view all the answers

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

Oral statements made in court under oath Signup and view all the answers

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

Probative material presented to the court Signup and view all the answers

What distinguishes 'evidence' from 'proof'?

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

What role does criminal procedure play in the legal system?

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

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

The collective parts contributing to proof Signup and view all the answers

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

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

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

Part 4: The evaluation of evidence Signup and view all the answers

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

Technical terms glossary and feedback on activities Signup and view all the answers

What does Part 2 of the study guide focus on?

How evidence is presented in court Signup and view all the answers

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

Activities that require reading or writing essays Signup and view all the answers

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

Basic concepts and sources of law of evidence Signup and view all the answers

How many learning units does the study guide consist of?

18 learning units Signup and view all the answers

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

Presentations from guest speakers Signup and view all the answers

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

Compile their own tutorial material Signup and view all the answers

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

The limitation must be reasonable and justifiable in an open and democratic society. 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)?

The duration of the limitation Signup and view all the answers

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

Rights may only be limited as provided in subsection (1). 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)?

International law and comparable foreign law Signup and view all the answers

What is the primary purpose of cross-examination?

To cast doubt on the credibility of the witness Signup and view all the answers

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

Identifying whether a right has been infringed. 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?

Importance of foreign case law in judicial decisions. Signup and view all the answers

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

The party that called the witness Signup and view all the answers

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

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

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

Examination-in-chief Signup and view all the answers

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

Credibility of the witness Signup and view all the answers

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

To consult foreign evidence law for guidance. Signup and view all the answers

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

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

Which of the following best describes re-examination?

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

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

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

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

Adherence to objective legal and ethical criteria. Signup and view all the answers

What does the law of evidence primarily deal with?

The determination of legal rights and obligations Signup and view all the answers

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

Negotiations of business deals Signup and view all the answers

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

Between evidence and evidential material Signup and view all the answers

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

It lies at the heart of how evidence is evaluated Signup and view all the answers

Substantive law is primarily concerned with which of the following?

Legal rights and obligations Signup and view all the answers

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

To place the law of evidence in its legal context Signup and view all the answers

Which of the following statements about adjective law is true?

It is concerned with the administrative aspects of legal proceedings Signup and view all the answers

Which of the following best defines evidential material?

Elements that can substantiate claims made in a case Signup and view all the answers

In which scenario would the law of evidence be irrelevant?

A business's decision-making process 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.