Advanced Law of Evidence

Cost: R3 450.00 excl. Vat Duration: 2 Days

NQF Level: N/A | Credits:N/A

Unit Standard: 10985

Who should attend

Operational Managers and/or 1st Level Management such as Supervisors and Human Resource Development Practitioners.

Course Overview

Make sure that your case is watertight. This Labour Relations course will help delegates to understand how to collect evidence and what is permissible as evidence. Successful delegates will learn practical questioning techniques to enable you to effectively and confidently gather evidence for arbitrations, court hearings and disciplinary hearings.

This course will enable Learners to:

  • Analysing trends and statistics.
  • Conducting interventions of public interest.
  • Making information available and creating awareness to prevent disputes.
  • Fostering positive workplace relations
  • Understand the nature and role of evidence in legal and quasi legal proceedings
  • Comprehend the theory concerning the admissibility of evidence
  • Know what constitutes relevant evidence at an enquiry, an arbitration or a court case
  • Be clear on what kinds of relevant evidence are usually excluded from being led at arbitrations or court cases and why
  • Get a sense of how arbitrations and court cases unfold and the ability to make strategic decisions about the presentation of evidence within the trial situation
  • Understand when and how evidence is weighed
  • Have the ability to structure effective closing submissions

Learning assumed to be in place

  • Communicate effectively (at least NQF level 4)

SETA Assessment of Competency (Optional)

No assessments available for this course.

Topics

1. Evidentiary material
  • Evidentiary materials
  • Formal admissions
  • Presumptions
  • Judicial notices
  • Evidence: forms of evidence
  • Evidentiary materials
2. Admissibility – relevance
  • Relevance
  • Opinion evidence
  • Expert opinions
  • Hearsay
  • Res gestae
3. Admissibility – desirability
  • Unfairly prejudicial
  • Prior consistent statements
  • Similar Fact Evidence
  • Character Evidence
  • Public policy
  • Improperly obtained evidence
  • Admissions and confessions
  • The parole evidence rule
  • Entrapments
  • In-camera evidence
  • Polygraphs
4. The process of judgement
  • The onus
  • Standard of proof
  • Credibility – or what makes you believe that a person is or is not telling the truth?
  • Corroboration, probability, demeanour, consistency
  • Weight of evidence
  • Accepting argument as evidence
  • Circumstantial evidence