SCHOOL OF LAW
L301- LAW OF EVIDENCE
MID SEMESTER TEST PAPER
OCTOBER 2020
TIME ALLOWED: 24 HOURS
INSTRUCTIONS TO CANDIDATES
1. Check that you have the correct examination paper in front of you.
2. The paper consists of one (1) AND TWO PARTS. ANSWER ALL QUESTIONS
3. All answers must be written in the answer booklets provided only.
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Question 1
Part I
The rules of evidence in Zambia are to a large extent governed by ossified common
law. The common law rules of evidence were tailor fitted for trial by jury and are not
suitable for the justice system in Zambia today.
Discuss the extent to which you agree with the above statement in reference to:
A) The rules governing admissibility of evidence (20 marks)
B) The rules governing confessions (20 marks)
C) The rules governing corroboration and identification evidence. (20 marks)
(TOTAL MARKS: 60)
Part II)
A) Compare and contrast the court’s decision in Joseph Mulenga v the people
(Appeal No. 128/2017) [2018] ZMSC 315 (5 September 2018) and Pratford
Mwale v The People (Appeal No. 8/2016) [2017] ZMCA 5 (17 March 2017) (10
Marks)
B) Write short notes on the principles governing the production of documentary
evidence in civil and criminal cases as highlighted in the case of Kajimanga v
Chilemya (Appeal No. 50/2014) [2016] ZMSC 189 (10 Marks)
C) To what extent does the decision in Saidi Banda v The People endorse the
decision of David Zulu v the people (1977) ZR 151 (SC)? (10 Marks)
D) Outline the principles relating to burden of proof highlighted in the case of
Mwewa Murono v the People (10
Marks)
(Total Marks: 40)
END OF EXAMINATION PAPER
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