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Questions and Answers
What is the purpose of allowing a witness to give a summary or single-word description of factual data?
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?
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?
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?
What is the purpose of the ultimate issue doctrine?
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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?
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?
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What exception exists for words with technical or special meanings, according to the International Business Machines v Commission for Customs and Excise case?
What exception exists for words with technical or special meanings, according to the International Business Machines v Commission for Customs and Excise case?
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What is the significance of the AG v Firestone SA (Pty) Ltd case?
What is the significance of the AG v Firestone SA (Pty) Ltd case?
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Why is opinion evidence often accepted on the ultimate issue, such as in medical negligence cases?
Why is opinion evidence often accepted on the ultimate issue, such as in medical negligence cases?
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What is the primary difference between an opinion and a fact in the context of testimony?
What is the primary difference between an opinion and a fact in the context of testimony?
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Under what circumstances may a lay witness's opinion be admissible in court?
Under what circumstances may a lay witness's opinion be admissible in court?
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What is the 'ultimate issue' rule, and how does it relate to opinion evidence?
What is the 'ultimate issue' rule, and how does it relate to opinion evidence?
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Why might opinion evidence be considered superfluous or supererogatory?
Why might opinion evidence be considered superfluous or supererogatory?
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What is the 'compendious mode' of opinion evidence, and how does it relate to factual evidence?
What is the 'compendious mode' of opinion evidence, and how does it relate to factual evidence?
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What is the risk of allowing opinion evidence in court?
What is the risk of allowing opinion evidence in court?
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What is the primary purpose of opinion evidence, and how does it relate to the court's role?
What is the primary purpose of opinion evidence, and how does it relate to the court's role?
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What is the significance of the case R v Vilbro and Another (1957) in relation to opinion evidence?
What is the significance of the case R v Vilbro and Another (1957) in relation to opinion evidence?
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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.
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Description
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.
