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Questions and Answers
What is the general speed limit on public roads within urban areas, excluding freeways?
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?
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?
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?
Which of the following terms defines the evidence presented in court?
Which type of law prescribes the procedures to be followed in court?
Which type of law prescribes the procedures to be followed in court?
Which of the following best describes 'evidence' in a legal context?
Which of the following best describes 'evidence' in a legal context?
What is necessary for a fact to be accepted as the truth for a specific case?
What is necessary for a fact to be accepted as the truth for a specific case?
What distinguishes 'evidence' from 'proof'?
What distinguishes 'evidence' from 'proof'?
What role does criminal procedure play in the legal system?
What role does criminal procedure play in the legal system?
In the context of evidence, what does the term 'evidentiary material' refer to?
In the context of evidence, what does the term 'evidentiary material' refer to?
What is the purpose of the learning units in the study guide?
What is the purpose of the learning units in the study guide?
In which part of the study guide is the evaluation of evidence discussed?
In which part of the study guide is the evaluation of evidence discussed?
What type of assistance does Part 5 of the study guide provide?
What type of assistance does Part 5 of the study guide provide?
What does Part 2 of the study guide focus on?
What does Part 2 of the study guide focus on?
Which activity format is most commonly included in the learning units?
Which activity format is most commonly included in the learning units?
What foundational aspect does Part 1 of the study guide cover?
What foundational aspect does Part 1 of the study guide cover?
How many learning units does the study guide consist of?
How many learning units does the study guide consist of?
Which of the following components is NOT specified as part of the study guide's structure?
Which of the following components is NOT specified as part of the study guide's structure?
What is expected from students while completing activities in the learning units?
What is expected from students while completing activities in the learning units?
What is the main condition under which rights granted by chapter 2 of the Constitution can be limited?
What is the main condition under which rights granted by chapter 2 of the Constitution can be limited?
Which of the following factors is NOT considered when determining the justification for a limitation under section 36(1)?
Which of the following factors is NOT considered when determining the justification for a limitation under section 36(1)?
What does section 36(2) stipulate regarding the limitation of rights protected in the Bill of Rights?
What does section 36(2) stipulate regarding the limitation of rights protected in the Bill of Rights?
In interpreting chapter 2 of the Constitution, which of the following must courts take into consideration according to section 39(1)?
In interpreting chapter 2 of the Constitution, which of the following must courts take into consideration according to section 39(1)?
What is the primary purpose of cross-examination?
What is the primary purpose of cross-examination?
What is one of the established procedures in the two-phased interpretation mandated by the limitation clause?
What is one of the established procedures in the two-phased interpretation mandated by the limitation clause?
The similarity between the South African Bill of Rights and the Canadian Charter of Rights primarily supports what type of judicial consideration?
The similarity between the South African Bill of Rights and the Canadian Charter of Rights primarily supports what type of judicial consideration?
Which party is responsible for conducting examination-in-chief?
Which party is responsible for conducting examination-in-chief?
What aspect is emphasized in section 36(1) when assessing the purpose of a limitation?
What aspect is emphasized in section 36(1) when assessing the purpose of a limitation?
During which phase can a witness refresh their memory using a document?
During which phase can a witness refresh their memory using a document?
What type of evidence is primarily targeted during cross-examination?
What type of evidence is primarily targeted during cross-examination?
What is the role of the Judicial Court regarding evidence law in democratic countries like Canada?
What is the role of the Judicial Court regarding evidence law in democratic countries like Canada?
Which of the following best describes the 'limitation clause' within section 36?
Which of the following best describes the 'limitation clause' within section 36?
Which of the following best describes re-examination?
Which of the following best describes re-examination?
What must a witness demonstrate to refresh their memory while testifying?
What must a witness demonstrate to refresh their memory while testifying?
The term 'reasonable and justifiable' in relation to the limitation clause refers to what kind of quality?
The term 'reasonable and justifiable' in relation to the limitation clause refers to what kind of quality?
What does the law of evidence primarily deal with?
What does the law of evidence primarily deal with?
Which of the following is NOT typically governed by the law of evidence?
Which of the following is NOT typically governed by the law of evidence?
What is a key distinction a student of the law of evidence should recognize?
What is a key distinction a student of the law of evidence should recognize?
Why is the concept of proof significant in the law of evidence?
Why is the concept of proof significant in the law of evidence?
Substantive law is primarily concerned with which of the following?
Substantive law is primarily concerned with which of the following?
What is the main purpose of studying the law of evidence?
What is the main purpose of studying the law of evidence?
Which of the following statements about adjective law is true?
Which of the following statements about adjective law is true?
Which of the following best defines evidential material?
Which of the following best defines evidential material?
In which scenario would the law of evidence be irrelevant?
In which scenario would the law of evidence be irrelevant?
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.
