SCW2601 assignment 1

Question 1 1.1. (a) Public law (b) Private law 1.2. (a) Plaintiff (b) Defendant (c) Applicant (d) Respondent 1.3. (a) Appeal 1.4. (a) Prevent Crime (b) Deter the individual and society from committing crimes (c) Rehabilitate the criminal Question 2 2.1. False. In terms of Law of Evidence Amendment Act 45 of 1988 (Section 3), the general rule that hearsay evidence is inadmissible in criminal as well as civil matters is reiterated. A court may, however, allow hearsay evidence on the following grounds: a) The parties against whom the hearsay evidence is to be adduced consent to the admissibility of such evidence. b) The person upon whose credibility the probative value of the hearsay evidence depends, testifies during the proceedings. c) The court is of the opinion that evidence should be admissible in the interests of justice, having regard to: the nature of the proceedings the nature of the evidence the purpose for which the evidence is tendered the evidential (probative) value of the evidence the reason why the evidence is not given by the person upon whose credibility the evidential value of such evidence depends any prejudice which a party to the proceedings may suffer on the admission of hearsay evidence any other factor which, in the opinion of the court, should be considered. 2.2. False. This is one of the most lenient sentences. Here, a court may, after conviction, discharge the accused with a caution. Such discharge has the effect of an acquittal, except that the conviction is recorded as a previous conviction. This sentence can be imposed after conviction for a minor offence. 1
2.3. False. The children's court focuses on the best interests of children while the child justice court presides over children's criminal cases. 2.4. False. Four requirements must be met for a custom to be acknowledged as a legal rule: It must be reasonable. It must have existed for a long time. It must be generally recognized and observed by the community. Its content must be definite and clear. 2.5. false. Legal aid is financial assistance offered by the government to indigent people who are facing legal cause and are not able to afford legal fees. The incumbent is assisted based on a prescribed means test. The means test is a way of determining whether the person qualifies to receive legal assistance at government cost. The test applies where one's household earning is less than R8 000 per month. It is possible that one may qualify on the basis of one's income, but still be disqualified if one has sufficient other assets that can be disposed of in order to pay legal costs, for example, the applicant's immovable property should not be worth more than R640 000 and movables not more than R128 000. The applicant must also own only one house and must live in it. 1.1. 2
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