1330 Specific types of oral evidence

Description

Table of Contents

1. Introduction
2. How good is a witness’s eyewitness evidence?
3. Presenting and assessing evidence regarding identification

3.1        identification evidence which has been held not to be reliable.

4. Hearsay evidence

4.1        What is hearsay evidence?

4.2        Case study A

4.3        The problem with hearsay evidence

4.4        Is hearsay evidence never admissible in hearings and arbitrations?

4.5        Hearsay evidence admitted by consent: s 3(1)(a) Law of Evidence Amendment Act

4.6        Hearsay evidence admitted by the originator testifying: s 3(1)(b)

4.7        Case study B

4.8        Case Study C

4.9        Hearsay evidence admitted in terms of s 3(1)(c).

4.10      Assessing hearsay evidence

4.11      Case Study D

4.12      Case study E: sexual harassment

5. Confessions
6. Opinion evidence

6.1        Evidence about the trustworthiness of an employee

6.2        Suggested further reading

6.3        Knowledgeable layman or expert evidence

7. Expert evidence

7.1        Procedures

7.2        When is a witness an ‘expert’?

7.3        The admissibility of expert evidence

7.4        How to lead an expert witness

7.5        How to dispute the evidence of an expert

7.6        How to assess the evidence of an expert witness

7.7        Case law examples

8. In camera evidence

8.1        Stage 1: application to have in camera evidence heard

8.2        Stage 2: argument in support of the application

8.3        Stage 3: Ruling

8.4        Stage 4: Evidence in camera

8.5        Stage 5: Argument re admissibility of the in camera evidence

8.6        Stage 6: Assessment

8.7        Conclusion