Mason also notes the following with regards to the hybridisation of evidence. The presentation and proof of expert evidence in south africa 2003 journal of african law at 88. The law of evidence, like many other fields of law, find it difficult to adapt to a world in which paper is replaced by electronic. S 1, 5, 22, 27, 43 amended by justice laws rationalisation act 18 of 1996. In some ways, evidence is an extension of civil and criminal procedure. Remoral of incapacity to tstity from crime or mteresr 3. South africa has a bill of rights in our constitution bona fide in good faith, believing that you are doing something you have a right to do breach of contract breaking the terms agreed on in a contract bylaw law made by a local authority candidate attorney someone with a law. The law of evidence is part of adjectival law the law of procedure in its widest sense that regulates the proof of facts in court. Starts with some lecture notes that may be skipped. A minithesis submitted in partial fulfilment of the requirements for the llm degree in the. The law of evidence in south africa 1 evidence law. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery.
Oxford university press the law of evidence in south. With summaries written by fellow students, you are guaranteed to be properly prepared for your exams. Evi3701exam notes summary of law of evidence lev 3701. S 10, 25 amended by law of evidence amendment act 45. Case summaries for first semester and second semester cases included in chapter summaries. Contract law revision essential elements to a contract. Essential evidence can stand on its own as an exposition of the essential concepts of the law of evidence but may also be seen as a companion to the south african law of evidence by the same authors which is the authoritative and comprehensive guide to the law of evidence in south africa. Access study documents, get answers to your study questions, and connect with real tutors for department evi3701. The law of evidence in south africa 1 free ebook download as word doc.
Materials have been developed by a professional law lecturer, with 7 years tertiary experience. How this fits into the overall degree structure as a procedural adjectival law subject, this course equips the student to apply the substantive law and law of evidence in courts and tribunals in south africa. A valid engagement is not a prerequisite for a valid civil marriage. State of continue reading law of evidence notes case briefs. Basic principles provides a clear, practical and innovative introduction to the law of evidence in south africa.
The function of the law of evidence is to determine the admissibility and weight by evaluation of the facts in issue. The law of criminal evidence governs how parties, judges, and juries offer and then evaluate the various forms of proof at trial. For many decades the south african law of evidence formally hoffmann and zeffertt durban. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. You may find the table of contents to be a quick and useful overview of the law to be applied. Roberts the law of evidence is part of adjectival law, meaning law that regulates the procedure for enforcement and proof of. How this fits into the overall degree structure as a procedural adjectival law subject, this course equips the student to apply the substantive law and law of criminal and civil procedure in courts and tribunals in south africa. No special requirements are required for the conclusion of a engagement, which means that the contract can be concluded orally or in writing. With our online resources, you can find law of succession in south africa or just about any type of ebooks, for any type.
Draw a clear distinction between individual labour law and collective labour law. When written in capital letters, law of evidence refers to the name of this module. It presupposes that the student has already passed law of evidence a. Faculty of law of the university of the western cape. The purpose of this module is for students to gain a wellrounded and systematic knowledge base and competencies in order to analyse and solve unfamiliar concrete as well as abstract problems in a given context in the practice of the law of evidence in south africa. Generally, evidence law establishes a group of limitations that courts enforce against attorneys in an attempt to control the various events that the trial process presents in an adversarial setting. Evidence is the material offered in court during a trial for the purpose of enabling the finder of fact to reach a decision on the issues in dispute. The following are examples of true presumptions of law. Access study documents, get answers to your study questions, and connect with real tutors for evi 3702.
Based on the way in which presumptions operate, state in each case what the basis of the presumption is, what the presumed fact is and how it can be rebutted. You will be glad to know that right now law of succession in south africa pdf is available on our online library. This information constitutes electronic evidence and the rules of the law of evidence are applicable thereto in deciding its. It is refreshing, and long overdue, that a new reference book on. Mention four sources of employment law in south africa. For the student to acquire a deeper knowledge of certain aspects of the law of evidence not dealt with in law of evidence a. The admissibility of real evidence in the light of the. Act 51 of 1977 and the civil proceedings evidence act 25 of. Civil proceedings evidence act 25 of 1965 south african. Examples of rebuttable presumptions of law activity 1. Liability of defective software in south africa llm minor dissertation, university of cape. Judicial notice of law of foreign state and of indigenous law 1. The engagement is a contract between a man and woman to marry each other on a specific or determinable date. The law of evidence is also concerned with the quantum amount, quality, and type of proof needed to prevail in litigation.
South african common and customary law of intestate. Lexisnexisbutterworths took pride of place in libraries of legal practitioners and students alike. Your fellow students know exactly where the pitfalls lie and what the key elements will be to your success in that module. The law of evidence in south africa 1 evidence law burden. Law of evidence b 2018 page 1 of 9 law of evidence b. Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of. An analysis of the regulatory environment governing. Spread the love principles of natural justice union of india v. Hi fellow law students, i have uploaded lecture notes in pdf format containing the ebook notes for the subject law of evidence for llb and ba. Over 250,000 specific summaries are at your disposal. Law of evidence the evidence law deals with deciding which evidence should be and which shouldnt be used in arriving at a decision by the court and, sometimes, the weight that may be given to that evidence. The evidence law cram notes are formatted into a stepbystep guide, which you can use as a checklist in your exams to ensure that every element of the exam question is answered. Together with course a, this course should cover all the main aspects of the law of evidence encountered in practice.
South african law of evidence 2nd ed by zeffertt, paizes and skeen 2009. If the evidence has insufficient probative force to compensate for the adverse impact of these other considerations it. Although customary law and indigenous law are used as synonyms in south african law, the first is preferred, since it is also the expression used in the constitution of the republic of south africa, 1996 hereinafter the constitution. Study unit 1 chapter 1 a lawblog for south african. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa has been published.
Declaration i declare that the admissibility of real evidence in the light of the constitution of the republic of south africa, 1996 is my own work and that all the resources that i have used or quoted have been indicated and. Today we look at the law of evidence boiled down to into a nice, admissable 60 second chunk. See the issue of uncut diamonds in south africa, where the police have frequently. A collection of study materials in respect of numerous llb modules. At common law, the test of relevance is logical relevance plus legal relevance.
Pdf law of succession in south africa pdf are you looking for ebook law of succession in south africa pdf. Summary law of evidence introduction what is evidence. Cases highlighted in blue, sections and acts highlighted in purple and examples highlighted in pink. When a legal problem is not covered by statute law, you can look at the common law for an answer.
Evidence lecture notes its evidence exam notes lecture notes, lectures 1 12 a complete set of notes for exam lnqa uniform evidence law 2nd edition v2 evidence guidebook evidence resource sheet evidence law summaries. With the study guides and notes written by fellow students, you are guaranteed to be properly prepared for your exams. This act shall be called the law of evidence amendment act, 1988, and shall come into operation on a date fixed by the state. The text provides a straightforward approach to the law of evidence, which follows a logical sequence, commencing with general principles. The south african legal position regarding the admissibility of.
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