Evidence Law: Probative Material

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Questions and Answers

What is the standard of proof in a criminal case?

Proof to the contrary

Proof beyond a reasonable doubt (correct)

Proof upon a balance of probability

Conclusive proof

What is the primary difference between conclusive proof and prima facie proof?

The burden of proof

The type of evidence presented

The possibility of rebuttal (correct)

The amount of evidence required

According to the given information, what is the relationship between evidence and proof?

Proof is a type of evidence

Evidence is a type of proof

Evidence and proof are interchangeable terms

Evidence is not yet proof, but rather a step towards it (correct)

What is the standard of proof in a civil case?

Proof upon a balance of probability Signup and view all the answers

What is the role of the court in evaluating evidence and proof?

To decide whether the fact has been proved Signup and view all the answers

What does prima facie proof imply about the possibility of rebuttal?

Rebuttal is possible Signup and view all the answers

What is the term used to describe the burden of providing evidence to refute the opposing party's claims?

Evidential Burden Signup and view all the answers

What is the term used to describe the initial burden of proving a fact?

Onus of Proof Signup and view all the answers

What is the difference between the onus of proof and the burden of rebuttal?

The onus of proof is a legal burden, while the burden of rebuttal is an evidential burden Signup and view all the answers

What is the term used to describe the responsibility of a party to provide evidence to refute the opposing party's claims in another language?

Weerleggingslas Signup and view all the answers

What is the primary difference between the onus of proof and the burden of rebuttal?

The onus of proof is the initial burden, while the burden of rebuttal is the subsequent burden Signup and view all the answers

What is the relationship between the onus of proof and the burden of rebuttal?

They are sequential burdens Signup and view all the answers

What is the standard of proof required in criminal cases?

Beyond a reasonable doubt Signup and view all the answers

Which type of proceedings has a lower standard of proof?

Civil proceedings Signup and view all the answers

What is the purpose of the higher standard of proof in criminal cases?

To maintain a balance between the state and the individual Signup and view all the answers

What is the result of the higher standard of proof in criminal cases?

Fewer guilty verdicts are returned Signup and view all the answers

What is the standard of proof in civil cases?

On a balance of probability Signup and view all the answers

Why are courts more willing to admit hearsay evidence in civil proceedings?

Because the discretion embodied in s 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988 Signup and view all the answers

Study Notes

Rules of Evidence

The Constitutional Court emphasizes the importance of ensuring no reasonable apprehension of bias on the part of assessors.

Evidence and Proof

Proof of a fact means the court has received probative material and accepted it as true for the specific case.
Evidence of a fact is not yet proof; the court must still decide whether the fact has been proved.
The court only acts upon facts found proved in accordance with certain standards.

Standard of Proof

In criminal cases, the standard of proof is proof beyond a reasonable doubt.
In civil cases, the standard of proof is proof upon a balance of probability.

Types of Proof

Conclusive proof means rebuttal is no longer possible; it is decisive and final.
Prima facie proof implies proof to the contrary is still possible.
In the absence of proof to the contrary, prima facie proof generally becomes conclusive proof.

Basic Concepts and Distinctions

Facts in issue (facta probanda) are those facts a party must prove to succeed.
Facts relevant to the facts in issue (facta probantia) are those facts that tend to prove or disprove the facts in issue.
Probative material includes oral, documentary, and real evidence, as well as formal admissions, judicial notice, presumptions, and certain statements.

Admissibility and Weight of Evidence

A court may admit hearsay more readily in civil proceedings than in criminal proceedings.
The court evaluates evidence and decides whether it has been proved.

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Description

Understand the concept of probative material in evidence law, including oral, documentary, and real evidence, as well as formal admissions and judicial notice. Test your knowledge of proof of facts in a court of law.