16 Questions
What is the purpose of allowing a witness to give a summary or single-word description of factual data?
For practical convenience, as the witness is better placed to form that opinion.
Under what circumstances is the admission of a compendious mode opinion permitted?
At the court's discretion, depending on the circumstances of the case and whether the objective facts can readily be separated from the inferences drawn.
What is the first foundational theory to the opinion evidence rule?
Opinion evidence is admissible where relevant and inadmissible where irrelevant.
What is the purpose of the ultimate issue doctrine?
To preserve the ultimate issue for the court to make, rather than allowing a witness to make it.
What is the limitation on a witness's opinion evidence, according to the Association of Amusement and Novelty Machine Operators v Minister of Justice case?
A witness is not permitted to advance an opinion that includes a conclusion of law to the facts or the meaning of words appearing in legislation.
What exception exists for words with technical or special meanings, according to the International Business Machines v Commission for Customs and Excise case?
A witness's opinion may be admissible if the word has a technical or special meaning.
What is the significance of the AG v Firestone SA (Pty) Ltd case?
The ultimate issue doctrine was rejected in this case.
Why is opinion evidence often accepted on the ultimate issue, such as in medical negligence cases?
Because expert opinions often express the ultimate issue, and it is practically convenient to accept such evidence.
What is the primary difference between an opinion and a fact in the context of testimony?
A fact is a direct observation, while an opinion is an inference or conclusion drawn from that observation.
Under what circumstances may a lay witness's opinion be admissible in court?
If the lay witness is in a better position than the court to form the opinion, or if they can provide expertise on a specific issue.
What is the 'ultimate issue' rule, and how does it relate to opinion evidence?
The 'ultimate issue' rule states that a witness may not express an opinion on the very issue the court is mandated to decide, as it usurps the court's function.
Why might opinion evidence be considered superfluous or supererogatory?
If the court can adjudicate a matter without receiving opinion evidence, it is considered superfluous or supererogatory, as it adds no value to the decision-making process.
What is the 'compendious mode' of opinion evidence, and how does it relate to factual evidence?
The 'compendious mode' refers to evidence that may be admissible as opinion evidence, despite being closely tied to factual evidence, such as 'he was angry' or 'she protected herself'.
What is the risk of allowing opinion evidence in court?
The risk is that it may create confusion about the issues, make trials longer, and open an 'Evidence-Pandora-Box'.
What is the primary purpose of opinion evidence, and how does it relate to the court's role?
The primary purpose of opinion evidence is to assist the court in adjudicating the dispute, by providing expertise or insights that the court may not have.
What is the significance of the case R v Vilbro and Another (1957) in relation to opinion evidence?
The case established the 'ultimate issue' rule, which prohibits witnesses from expressing opinions on the ultimate issue the court is mandated to decide.
Study Notes
Opinion Evidence
- An opinion is a perceived impression of a witness's belief, often drawn as an inference or conclusion from their testimony.
Lay Witnesses
- Lay witnesses typically cannot testify to opinion, only to facts.
- However, if a lay witness is in a better position to form an opinion, their opinion evidence may be admissible.
Admissibility of Opinion Evidence
- Opinion evidence is inadmissible if it's irrelevant, superfluous, or can be drawn from the court's own knowledge and experience.
- Admissible opinion evidence must have probative value, assisting the court in adjudicating the dispute.
- If a witness can provide an opinion that is of appreciable help, it will be relevant and carry probative value.
Ultimate Issue
- A witness cannot usurp the function of the court by expressing a view on the ultimate issue, which is the final decision the court must make (R v Vilbro and Another 1957).
- However, if a layperson can assist the court on an issue, their opinion evidence may be admissible.
Compendious Mode
- The compendious mode allows a witness to give a summary or single-word description (e.g., "angry") that summarizes factual data perceived by the witness.
- This type of evidence is permitted for practical convenience, as the witness is better placed to form the opinion.
- The admission of compendious mode opinion is at the court's discretion, depending on the circumstances of the case.
Foundational Theories
- Three foundational theories exist for the opinion evidence rule:
- Opinion evidence is admissible if relevant and inadmissible if irrelevant.
- The ultimate issue must be preserved for the court to make.
- A witness cannot advance an opinion that includes a conclusion of law or the meaning of words appearing in legislation.
Additional Cases and Rulings
- AG v Firestone SA (Pty) Ltd 1972: The ultimate issue doctrine was rejected.
- Association of Amusement and Novelty Machine Operators v Minister of Justice 1980: A language expert's opinion was inadmissible, as the court could easily ascribe the meaning of words found in common everyday dialect.
- International Business Machines v Commission for Customs and Excise 1985: An opinion on a word's technical or special meaning may be admissible.
This quiz tests your knowledge on opinion evidence in court, including what constitutes an opinion, who can testify to opinion, and when opinion evidence is inadmissible.
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