10 Questions
What is the primary distinction between lay witnesses and expert witnesses in terms of opinion evidence?
Lay witnesses may generally not testify to opinion and may only testify to facts, while expert witnesses may testify to opinion.
What is the purpose of the opinion evidence rule?
The opinion evidence rule is to ensure that the court only receives relevant opinion evidence and to exclude irrelevant or superfluous opinions.
What is the consequence of a court receiving an opinion that is not necessary to adjudicate a matter?
The opinion is inadmissible and deemed irrelevant because it is superfluous or supererogatory.
What is the characteristic of an opinion advanced by a witness?
An opinion is an inference or conclusion drawn by the witness, which is a perceived impression of their belief.
What is the relationship between the court's ability to adjudicate a matter and the admissibility of opinion evidence?
If the court can adjudicate a matter without receiving opinion evidence, the opinion is inadmissible because it is irrelevant.
What is the primary concern when the court uses its own knowledge, experience, and education to draw inferences and adjudicate the dispute?
The court risks usurping the function of the witness and potentially introducing irrelevant information.
Under what circumstances will opinion evidence from a layperson be admissible?
When the layperson is familiar with the issue and can assist the court in a way that is not possible for the court itself.
What is the 'compendious mode' and why is it permitted in certain circumstances?
The compendious mode is a summary or single-word description of factual data, permitted for practical convenience and because the witness is better placed to form that opinion.
What is the concern with allowing witnesses to express opinions on the 'ultimate issue'?
The witness may usurp the function of the court by expressing a view on the ultimate issue, which is the very issue the court is mandated to decide.
Why is it not always easy to distinguish between fact and opinion in evidence?
Because inferences drawn from facts can be presented as opinion evidence, and the distinction between the two can be blurred.
Study Notes
Opinion Evidence
- Opinion is advanced by a witness when they testify to an inference or conclusion drawn, which is a perceived impression of their belief.
- Lay witnesses may generally not testify to opinion and may only testify to facts.
The Opinion Evidence Rule
- If the court can adjudicate a matter without receiving opinion evidence, such an opinion is inadmissible because it is irrelevant.
- It will be superfluous or supererogatory.
- The court can use its own knowledge, experience, and education to draw the necessary inferences and to adjudicate the dispute.
Limitations of Opinion Evidence
- Such evidence would have no probative value.
- Creates the risk of confusion about the issues.
- Makes trials long.
- Can open an Evidence-Pandora-Box.
Admissibility of Opinion Evidence
- If the witness is in a better position than the court to form the opinion, the opinion evidence will be admissible.
- Where the opinion evidence can be of appreciable help, it will be relevant, and it will carry probative value because it can now assist the court in adjudicating the dispute.
Case Law
- R v Vilbro and Another 1957 3 SA 223 (A): The court dealt with the ‘ultimate issue’ and found that a witness may not usurp the function of the court by expressing a view (opinion) on the ultimate issue.
- Other cases: AG v Firestone SA (Pty) Ltd 1972 (1) SA 589 (A), Association of Amusement and Novelty Machine Operators v Minister of Justice 1980 (2) SA 636 (A), etc.
Compendious Mode
- The witness gives a summary or a single-word description [such as ‘angry’] which summarizes factual data perceived by the witness.
- This is permitted for practical convenience.
- The witness is better placed than the court to form that opinion.
- The admission of a compendious mode opinion is at the court’s discretion and will depend on the circumstances of the case and whether the objective fact...
Quiz about the rules of opinion evidence in a court of law, including when opinions are admissible and when they are irrelevant.
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