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Cross-Examination in South African Law

Cross-examination in South African Law traces the history of cross-examination and focuses on the substantive law relating to cross-examination.

Publication Language: English
Print
R530.12
Quantity
In Stock
Published:
ISBN/ISSN: 9780409049046

Product details

Cross-examination in South African Law traces the history of cross-examination and focuses on the substantive law relating to cross-examination.

Topics covered include the problems related to an unrepresented accused in respect of cross examination and the difficulties which flow from having evidence translated.

The publication includes a useful section on cross-examination in quasi-judicial proceedings and commissions of enquiry.

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Table of contents

What is advocacy?

Verbal skills

Preparation

Tenacity

Self control

Honesty

Humility

Conducting an interview

Open questions

The semi-open question

The closed question

The yes/no question

The alternative question

Simple and multiple questions

Leading questions

Rhetorical questions

Preparing for trial

The pleadings

Witnesses

Discovery

Physical evidence

Opening address

Examination in chief

The role of cross-examination

Trustworthiness or veracity

Contradictions between witnesses

Demeanour

Reliability

Probability

The aims of cross-examination

Advancing your client's case by eliciting favourable facts

Putting your client's case

Undermining your opponent's case

Impeachment

Prior statements

Inconsistent behaviour

Inconsistency with objectively known facts

Revealing inconsistencies between witnesses

Inconsistency with other material such as the

Improbabilities

Preparing for cross-examination

Study the facts

Make use of discovery

Inspections in loco

Dealing with your opponent's case

Study the law

Expert witnesses

Prepare a plan

Practical cross-examination

Prepare a plan

Keep notes

Seek an adjournment - if necessary

Subject material of cross-examination

Impeaching the witness

Clarifying evidence

Prior statements by the witness

Inconsistency between witnesses

Inconsistent behaviour

Exaggeration

Objective facts

The probabilities

Put your client's case

Technique

Planning

Simplicity

Humour, sarcasm and temper

Closing routes of retreat

Knowing when to stop

Smoke and mirrors

Leading questions: Assertiveness

Putting your client's case

Suggestion

Semantics

Closing address

Special problems

Identification

Circumstantial evidence

Experts

The expert's qualifications

The facts

The expert's opinion

Firearms and ballistics

Handwriting

Fingerprints