24 2024
MODULE NAME: MODULE CODE:
LAW OF EVIDENCE LAEV7311
ASSESSMENT TYPE: EXAMINATION (PAPER ONLY)
TOTAL MARK ALLOCATION: 120 MARKS
TOTAL HOURS: 2 HOURS (+10 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Ten minutes is dedicated to reading time before the start of the assessment. You may make
notes on your question paper, but not in your answer sheet. Calculators may not be used
during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are not allowed.
© The Independent Institute of Education (Pty) Ltd 2024 Page 1 of 3
24 2024
Question 1 (Marks:25)
Q.1.1 Explain the admissibility requirements of documentary evidence. (5)
Q.1.2 With reference to case law, explain under what circumstances a computer print- (5)
out will be considered as real evidence.
Q.1.3 Explain the limitations of judicial notice and give three examples of facts that the (15)
court may take judicial notice of.
Question 2 (Marks: 55)
Read the following case study and answer the questions that follow.
Sofia is being sued by her ex-husband, Phil. She has asked you, a practicing attorney to assist her
with the civil trial.
Phil has alleged that Sofia often sends him text messages which belittle him and that she has also
posted several messages on Facebook that describe him as a narcissist and abuser.
Phil and Sofia share joint care, access, and contact (custody) of their child. Phil claims that when the
child is in Sofia’s care, she manipulates the child into believing that Phil is an abuser.
Q.2.1 Sofia is confused about the burden of proof that will be required during the (15)
proceedings.
Advise Sofia on the standard of proof in civil proceedings.
Twelve marks will be awarded for the explanation.
Three marks will be awarded for skill.
© The Independent Institute of Education (Pty) Ltd 2024 Page 2 of 3
24 2024
Q.2.2 Sofia informs you that she has been told that ex-spouses cannot testify against
each other due to martial privilege.
Q.2.2.1 Explain what marital privilege is, the rationale for such privilege and (10)
the requirement/s to invoke such privilege.
Q.2.2.2 Assume for this question that Phil wishes to testify against Sofia in the (5)
trial. He wants to disclose communications that Sofia made to him
while they were still married.
Discuss whether Sofia can invoke marital privilege to prevent Phil from
disclosing the communications.
Q.2.3 Assume for this question that Phil wants to call their child who is 15 years old to (25)
testify against Sofia.
Discuss the competency and compellability of a child witness and the process
which the court needs to follow in order to receive the evidence of a child witness.
Twenty marks will be allocated for discussion.
Five marks will be allocated for skill.
Question 3 (Marks: 15)
Using relevant case law, explain the two cardinal rules of logic which are used in a criminal case
when dealing with reasoning by inference.
Twelve marks will be allocated for discussion.
Three marks will be allocated for skill.
Question 4 (Marks: 25)
Discuss the rationale of a trial-within-a-trial as it pertains to the admissibility of a confession in a
criminal trial.
Twenty marks will be allocated for discussion.
Five marks will be allocated for skill.
END OF PAPER
© The Independent Institute of Education (Pty) Ltd 2024 Page 3 of 3
