CLJ-5-QUESTION course enhancement S.pptx

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1. CLJ 5 QUESTIONS

2. A kind of evidence that can prove the fact in issue without the aid of any inference or presumption. Direct Evidence Secondary Evidence Primary Evidence Relevant Evidence 2. A kind of evidence which is incontrovertible or that which cannot be controverted or overturned by contradicting evidence. Relevant Evidence Competent Evidence Conclusive Evidence Corroborative Evidence

3. 3. It is a kind of document that is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic recording, or by chemical reproduction, or by other equivalent techniques which reproduce the original. Original Document Duplicate Document Secondary Document Primary Document 4. It means oral or testimonial evidence or evidence by words of mouth. Secondary Evidence Testimonial Evidence Parole Evidence None of the above

4. 5. It refers to the act of declaration or omission of a party as to a relevant fact in issue. The voluntary acknowledgement by express terms or by implication of the existence or truth of a fact in issue. Admission Confession Hearsey Statement 6. It is an evidence which is not based on personal knowledge but just obtained from another person. Admission Statement Confession Hearsey

5. 7 . The duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of Proof Burden of Evidence Conclusive Presumptions Disputable Presumptions 8 . One which assumes as true a fact not yet testified to by the witness, or contrary to that which he or she has previously stated. Impeachment Leading Questions Misleading Questions Presumptions

6. 9 . A classes of documents that are written in official acts, or records of the sovereign authority. Public Document Private Document Ancient Document Public Record 10. The act of informing the court that the evidence or exhibit in inadmissible. Objection Impeachment Inadmissible Decline

7. 11. It is required or allowed amount of evidence to prove a claim or defense. Weigh of Evidence Sufficiency of Evidence Reasonable Doubt Quantum of Evidence 12. This is the kind of evidence needed for a party wot win in Civil Case. Poof Beyond Reasonable Doubt Preponderance of Evidence Circumstantial Evidence Evidence

8. 13. This is the kind of evidence required before an administrative or quasi-judicial bodies in Administrative Case. Substantial Evidence Proof Beyond Reasonable Doubt Circumstantial Evidence Evidence 14. This is the kind of evidence required in Criminal Case to convict an accused. Preponderance Evidence Evidence Proof Beyond Reasonable Doubt Substantial Evidence

9. 15. The examination in chief of a witness by the party presenting him or her on the facts relevant to the issue. Direct Examination Cross Examination Re-direct Examination Re-cross Examination 16. Under the rules of evidence, an object presented to court proceeding as exhibition is called Prima Facie Evidence Real Evidence Documentary Evidence Material Evidence

10. 17. If an accused refused to plead or make a conditional plea of guilty, what shall be entered for him Plea of not Guilty Plea of Guilty Plea of Mercy Surrender Plea of Something 18. In order for the prosecutor who conducted the preliminary investigation in a criminal case can file an information with the court, the needed evidence is Prima Facie Proof Beyond Reasonable Doubt Probable Cause Testimonial

11. 19 . When is evidence presented in court for admissibility considered relevant to the issue When it is not excluded by the law When it has a direct bearing and actual connection to the facts and issue When it is not immoral When it is competent 20. What rule is observed when generally, there can be no evidence of a writing, the contents of which is the subject matter of inquiry other than the original itself Best Evidence Parole Evidence Documentary Evidence Secondary Evidence

12. 21. It is a formal reading of the charges against a person accused of a crime and latter asking him whether he pleads guilty or not to the crime charged Arraignment Plea Preliminary Investigation Promulgation of Judgement 22. When an evidence is disallowed by the rules for having no rational probative value, the evidence is rendered Incompetent Irrelevant Incredible None of the following

13. 23. The rule upon which the court may deny the admission of secondary evidence is Best Evidence Rule Parole Evidence Rule Equipoise Rule Rule of Law 24. It is the result or the effect of evidence Law Proof Rights Evidence

14. 25. It is the evidence given by an ordinary person regarding of what he thinks Opinion Evidence Rebuttal Evidence Testimony None of the above 26. An evidence which will excuse a person from an alleged fault or crime Electronic Evidence Documentary Evidence Exculpatory Evidence Forgotten Evidence

15. 27. Which among the following may disqualify a witness Capacity of Observation Capacity of Recollection Capacity of Communication Capacity of Knowledge 28 . Prescribe the governing rules of evidence Revised Penal Code Constitution Rules of Court Rules on Criminal Procedure

16. 29 . In case of falsification of document what would be the best evidence Authentic Document Genuine Document Questioned Document Holographic Document 30. Who among the following are automatically disqualified to take the witness stand Sick Person Children Homosexual Insane Person

17. 31. What meant by the word Evidence Evidence is the sanctioned by the rules of court. Evidence pertains to the means or procedures in determining the truth Both A and B None of the above 32. Which is the best answer regarding the Direct Evidence. It is the kind of evidence that can prove the fact in issue without the aid of any inference or presumption It is the kind of evidence that can prove the fact in issue with the aid of any inference or presumption It is the kind of evidence that cannot prove the fact in issue with the aid of any inference or presumption It is the kind of evidence that can prove the fact in issue within the aid of any inference or presumption

18. 33. How would you compare the Criminal Case and Civil Case Criminal Case needs reasonable doubt to convict while Civil Case needs preponderance of evidence in order to win Criminal Case needs proof beyond reasonable doubt to convict while Civil Case needs preponderance of evidence in order to win Criminal Case don not need reasonable doubt to convict while Civil Case do not need preponderance of evidence in order to win None of the above 34. How would you compare the Judicial Admission and Extra-Judicial Admission Judicial Admission is the kind of admission made during the court proceedings while the Extra-Judicial Admission is the kind of admission made out of court Judicial Admission is the kind of admission made during and after the court proceedings while the Extra-Judicial Admission is the kind of admission made out of court Judicial Admission is the kind of admission made during the court proceedings while the Extra-Judicial Admission is the kind of admission made out of court or during court proceedings Judicial Admission is the kind of admission made in the court proceedings while the Extra-Judicial Admission is the kind of admission made out of court

19. 35. What can you say about the doctrine of RES INTER ALIOS ACTA It is the rights of a party that can be prejudiced by an act, declaration, or admission of another It is the rights of a party that cannot be prejudiced by an act, declaration, or admission of another It is the rights of a accused that can be prejudiced by an act, declaration, or admission of another It is the rights of a party that can be prejudiced by an act, declaration, or admission of one another 36. What is the difference between Admission and Confession Confession refers to the declaration of an accused acknowledging his or her guilt of the offense charged while Admission refers to the act, declaration or omission of a party as to a relevant fact in issue. Confession refers to the declaration of an accused not acknowledging his or her guilt of the offense charged while Admission refers to the act, declaration or omission of a party as to a relevant fact in issue. Confession refers to the declaration of an accused acknowledging his or her guilt of the offense charged while Admission refers to the act, declaration or omission of a party as to a not relevant fact in issue. None of the Above

20. 37. Choose the Best answer regarding the Primary Evidence Mr. X sell his car to Mr. Y . The primary evidence is the photocopy of the Deed of sale of the car executed between Mr. X and Mr. Y Mr. X sell his car to Mr. Y . The primary evidence is the original copy of the Deed of sale of the car executed between Mr. X and Mr. Y Both A and B None of the above 38 . How is Object evidence Presented Object Evidence may be Export to, examined or viewed by the court Object Evidence may be Import to, examined or viewed by the court Object Evidence may be Analyzed, examined or viewed by the court Object Evidence may be Exhibited to, examined or viewed by the court

21. 39. Choose the best answer regarding the Previous Conduct The accused was not previously convicted of theft or estafa The accused was previously convicted of theft or estafa The accused was previously done theft or estafa The accused was previously committed theft or estafa 40. How can Dying Declaration admissible in court If the notes was declaring the cause or circumstances surrounding the person’s death If the notes was not declaring the cause or circumstances surrounding the person’s death Both A and B None of the above

22. 41. It is known as presumption or presumptions juris. They are conclusive and disputable presumptions Presumption of Fact Burden of Proof Presumption of Poof Presumption of Law 42. When a witness affirms that a fact did or did not occur Primary Evidence Positive Evidence Secondary Evidence Prima Facie Evidence

23. 43. It is submitted to the court through the testimony or deposition of a witness. It is that which directly comes out the witness mouth, oral or written, such as deposition and affidavits Testimonial Evidence Material Evidence Relevant Evidence Object Evidence 44. What would ascertain an alibi and denial in hearing Testimony Evidence Proof Positive Identification

24. 45. Factum probans means Evidentiary Fact Ultimate Fact Weigh of Evidence Preponderance of Evidence 46. Cognizance of certain facts which judge may properly take a fact because they are already know to them Cognizance Judicial Admission Judicial Knowledge Judicial Notice

25. 47. Which among the following may not be a means to impeach judicial record Want of jurisdiction in the court or judicial officer Conclusion between the parties Fraud in the party offering the record Alteration 48. Which among the following may be used as evidence in a judicial processing Privilege Conversation Dying Declaration Testimony Hearsey

26. 49. Evidence of this kind are those which are capable of perception Testimonial evidence Corroborative Evidence Real Evidence Documentary Evidence 50. A duplicate receipt signed and carbon copied at the same time is in terms of eventiary value is deemed as Duplicate Original Authenticate Genuine

27. 51. Z wrote to P that he is sorry for kicking him on his thigh because he is hurt by what P told him. It is an example of Admission Confession Express Admission Express Confession 52. Opinion is what a person thinks or views or his conclusion about something, it is admissible in court. True False Partially true Partially false

28. 53. Dying declaration is admissible in court if the dying person talks about the cause that is making him to die, example Bornok borrowed 5 million to Boyet and didn’t pay for a long time that’s why it makes Boyet stressed that’s why he died. True False Partially true Partially false 54. It’s means guilty mind. Means rea Mens rea Actus reus Actus rues

29. 55. It’s means guilty act. Means rea Mens rea Actus reus Actus rues 56. It refers to the previous act or omission of an accused. Previous conduct Past conduct Previous omission Past omission

30. 57. Hearsay is an evidence that is admissible in court. False True Partially true Partially false 58. The opinion of an expert witness in the court can be considered as an evidence and it is bound to be considered or accept by the court. True False Partially true Partially false

31. 59. It pertains to body of essential facts, when taken together, prove the commission of a crime. Corpus delicti Body of the crime Evidence Both a and b 60. In the presumption of death, the absentee shall be considered dead for the purpose of opening his succession only after a absence of 8 years True False Partially true Partially false

32. 61. A judicial admission is only in writing, made by the party in the course of the proceedings in the case, does not require proof. True False Partially true Partially false 62. These are the elements or requisites of judicial admission except . It must be made a party to the case It must be made in the same case It does require a particular form for an admission It must be made in writing

33. 63. These is where you will find Judicial admission except. Pleadings Motions Manifestation Outside the trial court 64. These are the admissibility of documentary evidence except It must be relevant It must be authenticated It must be authenticated by a competent lawyer It must be offered as evidence in court

34. 65. For many days that X was installing a fence at a property, Y who is his neighbor had not object or shown any opposition to it. Y inaction may be used against him should he later on claim interest over the property fenced by X is an example of admission by silence. True False Partially True Partially False 66. Generally, evidence of specific instances of conduct is not admissible to prove that the person to whom the evidence refers acted in conformity therewith on a particular occasion. True False Partially true Partially False

35. 67. It is when there is doubt as to what the law is on certain state of facts or there is doubt as to what law is applicable. Question of Law Question of Fact Question of Doubt Question of State 68. It is when doubt arises as to the truth or falsity of the alleged facts claimed. Question of Doubt Question of Law Question of Fact Question of State

36. 69. It helps in the determination of Questions of facts by helping the judge reconstruct the chain of events from the conception up to the consummation of a criminal design. Reasonable Doubt Evidence Prima Facie None of the above 70. It is a rule of evidence which excludes evidence obtained in violation of a person’s constitutional rights or statutory rights secured through illegal means or sources. Exclusionary Law Miranda Rule Fruit of the Poisonous Tree Doctrine Exclusionary

37. 71. It is an evidence illegally obtained by the State (thru its agents) should not be used to gain other evidence because the illegally obtained evidence taints all evidence subsequently obtained. Exclusionary Law Miranda Rule Fruit of the Poisonous Tree Doctrine Exclusionary 72. I f P claims to have been injured by the negligence of D who denies having been negligent, the negligence of D and the causal connection between such negligence, and the injuries of P taken as a whole. The evidence offered by P, whether it be object, documentary or testimonial, constitute the materials to prove the liability of D. The totality of the evidence of prove the liability refers to what Facttum Probantum Factum Probandum Factum Probans Factum Prob

38. 73. In a criminal prosecution for sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is not admissible to prove that the defendant acted in conformity therewith on a particular occasion. True False Partially True Partially False 74. Literally means things done; it includes circumstances, facts, and declarations incidental to the main facts or transaction necessary to illustrate its character and also includes acts, words, or declarations which are closely connected therewith as to constitute part of the transaction. Res Gestae Res State Evidence None of the Above

39. 75. It includes relationship, family genealogy, birth, marriage, death, the dates when, and the placer where these facts occurred and the names of their relatives. Presumption Pedigree Document Personal document 76. It is the apparent on the face of the writing itself and requires something to be added in order to ascertain the meaning of the words used. In this case, parole evidence is not admissible, otherwise the court would be creating a contract between the parties. Patent Extrinsic Ambiguity Patent or Extrinsic Ambiguity Ambiguity

40. 77. It is a situation where an ambiguity partakes of the nature of both patent and latent. In this, the words are seemingly clear and with a settled meaning, is actually equivocal and admits of two interpretations. Here, parol evidence is admissible to clarify the ambiguity provided that the matter is put in issue by the pleader. Example: Dollars, tons and ounces. Extrinsic Ambiguity Intermediate Ambiguity Ambiguity Patent 78. It is an evidence by calling attention of such party to his former statement so as to give him an opportunity to explain before such admissions are offered in evidence. A. Impeaching Evidence Evidence Hearsey Prima Facie Evidence

41. 79. If the fact in issue is who stabbed Mr. A, the Testimony of witness who personally saw Mr. B stabbing Mr. A is what kind of evidence? Prima Facie Evidence Best Evidence Primary Evidence Direct Evidence 80. Evidence is defined as the _____ Means, sanctioned by the supreme court of ascertaining in a judicial proceeding the truth respecting a matter of fact. Procedures in determining the truth or of knowing what actually happened. Proof of a fact which affords the greatest certainty of the fact in issue. Means, sanctioned by the supreme court of ascertaining in a extra- judicial proceeding the truth respecting a matter of fact.

42. 81. It is a procedural law and not a substantial law. Rules of court Rules on evidence Revised rules of court None of the above 82. The following are definition of proof except: Cannot be objected The result after following a procedure Means ascertaining the truth The basis in promulgating a decision like proof beyond reasonable doubt

43. 83. If Juan sell his motorcycle to Pedro the original copy of deed of sale executed between Juan and Pedro is an example of Documentary evidence Conclusive evidence Best evidence Direct Evidence 84. The following are not example of secondary evidence except: Photocopy of a contract or deed of sale CCTV footage Original copy of deed of sale Birth certificate

44. 85. Which of the following statement is correct? Prima facie evidence is a kind of document that can be contradicted but cannot be overturned. Prima facie evidence is a kind of evidence that can be overturned but cannot be contradicted Prima facie evidence can be contradicted or disproved Prima facie evidence can be contradicted but cannot disproved. 86. Which of the following statement is incorrect ? Conclusive evidence is incontrovertible Conclusive evidence can be contradicted or overturned Conclusive evidence cannot be contradicted or overturned None of the above

45. 87. The following are example of relevant document except: To show height of other person is to compare with another person whose height was already taken. Birth certificate can be use to prove minority of person To prove that you are a singer you must show your awards in dancing Both a and b 88. Which of the following is true about competent evidence Evidence which should not be included by the law Evidence which should be excluded by law Evidence which should not be excluded by law All of the above

46. 89. Which of the following statement is incorrect? Rules on evidence as a general rule will be uniform in its application in all courts Rules on evidence as a general rule will be uniform in its application in all courts except RTC Rules on evidence as a general rule will be uniform in its application in all courts except MTC Rules on evidence as a general rule will be uniform in its application in all courts except in barangay court 90. Circumstantial evidence needs at least ____ to become a sufficient for conviction 4 3 2 5

47. 91. Which of the following statement is true? Evidence cannot be objected while proof can be objected Evidence is a procedure that must be followed while proof is the result after following the procedure Evidence is the basis in promulgating a decision like proof beyond reasonable doubt while proof means ascertaining the truth. All of the above 92. Which of the following statement is true? Quantum of evidence in criminal case is preponderance of evidence of offer in civil case is considered admission of guilt Presumption of innocence is inapplicable in criminal case None of the above

48. 93. This are facts which are subjected to judicial notice except: Laws of nature Law of nation Measures of territorial extent of state Measure of time 94. This refer to the judicial admission made during court proceedings? Written admission during pre-trial stage Oral admission during the pre-trial stage Pleadings filed by a party All of the above

49. 95. The following statement is true about object evidence except: Those addressed to the senses of the court Object evidence may be exhibit to examined or viewed by the prosecutor Knife used in homicide case Cards used in illegal cards game 96. Which of the following is true about best evidence rule? 1 piece of best evidence is greater than 20 testimonial evidences As a general rule no evidence shall be admissible other than the original document itself It is also known as original document rule All of the above

50. 97. What is the reason why the best evidence rule requires the presentation of the original document? Assurance of originality Assurance of accuracy Both a and b None of the above 98. Which of the following best describe original document? The document itself or any counterpart intended to have the same effect by a person who own or issuing it The photocopy itself or any counterpart intended to have the same effect by a person who own or issuing it The document itself or any counterpart intended to have the different effect by a person who own or issuing it The document itself or any counterpart intended to have the same effect by a person who executing or issuing it

51. 99. Which of the following is a best example of duplicate document? Carbon copies & enlarge photo Xerox copies & photocopy Carbon copies & xerox copies Enlarge photo & photocopy 100. What are the two requisites for the admissibility of duplicate document? If a genuine question is raised as to the authenticity of the original & in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original If a genuine question is raised as to the authenticity of the original & the circumstances is just or inequitable to admit the duplicate in lieu of the original If a genuine question is raised as to the authenticity of the original & in the circumstances, it is just or equitable to admit the duplicate in lieu of the original None of the above

52. 101. The following statement about secondary evidence rule are correct except: It is admissible as evidence when the original has been lost or destroyed When the original document is in the custody or under the control of the adverse party When the original document is a public record or in the custody of public officer When the original document is in the custody or under the control of the offended party 102. Parole evidence means Written or testimonial evidence Evidence in writing Both a and b None of the above

53. 103. When may a party present evidence to modify, explain or add to the terms of agreement he/she puts in issue in a verified pleading? If there is intrinsic ambiguity, mistake or imperfection in the written agreement The failure of the written agreement to imply the true intent and agreement of the parties thereto The validity of the oral agreement All of the above 104. Which of the following is the best example of agreement in writing under parole evidence rule Memorandum of agreement Deed of sale Lease of agreement All of the above

54. 105. What is the limited instances where parole evidence is allowed? When there is a mistake and the purpose of the parole evidence is to assess the mistake in the agreement When the parole evidence is to show that one of the parties is a not a minor, hence the agreement is invalid Both a & b None of the above 106. Testimonial evidence is obtained from a person who ____ Testifies to the prosecutor regarding facts which he knows based on his personal knowledge Testifies to the court regarding facts which he knows based on his personal experiences Testifies to the court regarding facts which he knows based on his personal skills None of the above

55. 107. What is the qualification of witness under testimonial evidences? All person who can perceive and perceiving, can make known their perception to others Religious or political belief shall not be ground for the outcome of the case A witness who can testify only those facts which he/she knows based on his/her personal knowledge All of the above 108. The following are examples of grounds for objection except: The evidence is incompetent Questions calls for a hearsay answer Witness cannot testify on a privileged communication The question is beyond the scope of the cross examination

56. 109. Expert testimony means __ The testimony of one possessing in regard to a particular subject or department of human activity, knowledge which is not usually acquired by other persons. The testimony of one possessing in regard to a particular subject or department of human activity, knowledge which is usually acquired by other persons. The testimony of many possessing in regard to a particular subject or department of human activity, knowledge which is not usually acquired by other persons. All of the above 110. The opinion of ordinary witness may be received in evidence regarding of the subject if the opinion is: The identity of a person about whom he or she has adequate knowledge; A handwriting with which he or she has sufficient familiarity; and The mental sanity of a person with whom he or she is sufficiently acquainted. All of the above

57. 111. Under rule 132 section 36 Objection to offer of evidence must be made _____ immediately after the offer is made. In writing with the assistance of competent and independent counsel In writing Orally None of the above 112. What is the distinction between proof and Evidence Evidence is the effect or result of Proof, while evidence is the medium of proof. Evidence is the effect or result of Proof, while evidence is the minimum of proof. Evidence is the effect or result of Proof, while evidence is the medium of proof. Evidence is the effect or result of Proof, while evidence is the medium of proof.

58. 113. Factum probandum refers to a fact in issue or proposition sought to be established. Factum probans refers to the facts or material evidencing the fact or proposition to be established First statement is true and second statement is false. Second statement is true and first statement is false. Both statement are true. Both statement are false 114. Cases where the rule on evidence are strictly applicable: Agrarian disputes Rules of Summary Procedure Labor cases None of the above

59. 115. Rules of procedure are mere tools intended to facilitate rather than frustrate the attainment of justice. Procedural rules must be liberally interpreted and applied so as not to frustrate substantial justice. First statement is true and second statement is false. Second statement is true and first statement is false. Both statement are true. Both statement are false 116. In a criminal case, circumstantial evidence may be sufficient for conviction provided the following requisites occur except: There is more than one circumstance The facts from which the inferences are derived are proven The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt All the essential facts must be consistent with the hypothesis of guilt

60. 117. The following are the basic guidelines in the appreciation of circumstantial evidence except: It should be acted upon with caution; One essential facts must be consistent with the hypothesis of guilt; The facts must exclude every other theory but that of guilt; and The facts must establish such a certainty of guilt of the accused as to convince the judge beyond a reasonable doubt that the accused is the one who committed the offense. 118. Which of the following is a best example of demonstrative evidence Map Diagram Photograph All of the choices

61. 119. Character evidence are not generally admissible in criminal case what are the exception If it tends to establish in any reasonable degree the probability or improbability of the offense charged. Only When pertinent to the issue or character involved in the case. Both a & b None of the above 120. Character evidence are not generally admissible in civil case what are the exception Only when pertinent to the issue or character involved in the case. If it tends to establish in any reasonable degree the probability or improbability of the offense charged. In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be made of specific instances of that person’s conduct All of the above

62. 121. Facilitator means _____ Person appointed by the prosecutor to pose questions to a child Person appointed by the offended party to pose questions to a child Person appointed by the aggrieve party to pose questions to a child None of the choices 122. When making an offer all evidence must be offered ______ In writing Orally It must be written and orally All of the choices

63. 123. It is a deduction which the law expressly directs to be made from particular facts Presumption Juris Or Of Law Presumption Privity Previes 124. It is the greatest certainty of the fact in question. Also referred to as the best evidence. Relevant evidence Presumption Juris Or Of Law Primary evidence Conclusive evidence

64. 125. Nulum crimen , nulla poena sine lege  means ______ There is no crime when there is no law punishing it From the words of the law there can be no departure Principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted. the law may be harsh but it is the law 126. What is Dura lex sed lex There is no crime when there is no law punishing it From the words of the law there can be no departure Principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted. The law may be harsh but it is the law

65. 127. Verba legis non est decendendum  means _______ There is no crime when there is no law punishing it From the words of the law there can be no departure Principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted. The law may be harsh but it is the law 128. What is Pro Reo ? There is no crime when there is no law punishing it From the words of the law there can be no departure Principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted. The law may be harsh but it is the law.

66. 129. It is evidence that gives rise to two probabilities, one consistent with defendant’s innocence, and another indicative of his guilt Equipose rule Equiepose rule Equepose rule Equipuse rule 130. Judicial admission can be found in the following except: Pleadings Motions Manifestations Testimonies

67. 131. The investigator found a picture and there is something written in it. What kind of evidence is that? Physical evidence Document evidence Object evidence Picture evidence 132. Pepita says that “x” is the boyfriend of “y” while Pepito says that they are just close friends. Is there a fact in issue? Partly yes Yes Partly no No

68. 133. Laws that are made or enacted by the Congress Rules on evidence Constitutional law Natural law Substantial law 134. Sgt.Pito was caught sleeping during his duty. w hat is his offense? Administrative offense Criminal offense Public offense Civil offense

69. 135. On how many days that there is no presumption of legitimacy or illegitimacy of a child born? 140 days 200 days 300 days 400 days 136. The adverse party admitted that the victim is a woman. Extra-judicial confession Judicial confession Extra-judicial admission Judicial admission

70. 137. Pepita saw her husband shot Mr. X who died . Can pepita testify against her husband Yes, because she saw her husband killed a person No, because her husband maybe will kill her Yes, because she has her own free will No, if her husband didn’t give her a consent to testify 138. Mr. X went to the PSA office to get a birth certificate and after a week later he went again to get one. D oes the second document a duplicate document? Not sure Yes No Maybe

71. 139. Merry says that ancient document is more than 30 yrs old wile Maryo says that it should be more than 20yrs old. Who is correct? Merry Both of them Maryo None 140. Can a witness be recalled? Yes, if there is leave by the court Yes, because he/she is a witness No, because he/she already testify Maybe

72. 141. Which of the following is a disputable presumption? That a person is innocent of crime or wrong That the question is already suggesting a place That the person is unwilling to testify none of the above 142. Which of the following is NOT a misleading question? The mother destroy the bike, didn’t she? The bike was the girls , wasn’t it? Isn’t it true that you were seen buying the bike with her that day? Did you see her buying that day?

73. 143. One of the statement is how to impeach a witness of an adverse party, which one? By examination of a witness By contradictory evidence By evidence that he or she has not made at other times statement By giving false information 144. Public documents are documents acknowledge before a notary public except; Last wills and testaments Public records Fact birth Fact of death

74. 145. Mr. X said that to Pepita that “it is Y who stab him in the chest” before passing out but after being brought to the hospital Mr. X lived. Does the statement of Mr. X considered a last will and testament? Maybe yes Yes Maybe no No 146. In a criminal case, to whom does the burden of proof lie on? Defendant Prosecution Accused Judge

75. 147. It is the duty of a party to present evidence on the facts in issue required by law. Burden of presumptions Burden of evidence Burden of proof Burden of confirmation 148. When a person in his own declaration, led another to believe a particular thing true, and to act upon such belief, he or she cannot, in any litigation arising out of such declaration, be permitted to falsify it. Estoppel by deed Estoppel by omission Estoppel in paes Estoppel in pais

76. 149. Inferences which may be satisfactory when not contradicted but may be overturned by opposing evidence. Prima Facie evidence Indisputable presumption Controvertable presumption Disputable presumption 150. This is issued by a court ordering a person to attend a court or face a penalty. Writ Court order Subpoena Habeas

77. 151. The first examination of a witness by party presenting him. Direct examination Re-direct examination Cross examination Preliminary examination 152. After the direct examination, the witness may be cross examined by the______? Judge Adverse party Same party Both parties

78. 153. A question to a witness that is suggesting an answer that the questioning party desires. Incriminatory question Leading question Pointing question Inquiring question 154. To destroy the credibility of a witness testimony. Impeach Mislead Acquit Confirm

79. 155. What is the process of exhibiting that the document is genuine and original? Verification Prove Authentication Authorization 156. What do we call a private document that is more than 30 years of age? Old document Archaic document Ancient document Antique Document

80. 157. This would refer to the act of stating exhibits one by one coupled with the statement of the purpose/s of each exhibit. Offer of evidence Offer of proof Offer of exhibit Offer of objects 158. This is the act of informing the court that the evidence or exhibits are not admissible. Rejection Protest Objection Refute

81. 159. Required amount of evidence to prove a claim or defense. Preponderance of evidence Quantum of evidence Proof beyond reasonable doubt Prima Facie Evidence 160. What quantum of evidence is necessary to win in a civil case? Preponderance beyond doubt Proof beyond reasonable doubt Preponderance of evidence Circumstantial evidence

82. 161. What evidence can produce a probability of a fact? Circumstantial evidence Probable evidence Substantial evidence Conclusive evidence 162. Quantum of evidence needed for an administrative case. Proof beyond reasonable doubt Circumstantial evidence Conclusive evidence Substantial evidence

83. 163. This is a standalone evidence until it is contradicted. Prima facie case Prima facie evidence Conclusive evidence Prima Facei 164. What evidence rule states that no evidence shall be admissible other than the original writing itself, and this only applies to documents? Original evidence rule Authentic evidence rule Legitimate evidence rule Best evidence rule

84. 165. On the rule on DNA evidence, what is the term used to refer to the blood, saliva , and other body fluids, tissues and hairs and bones that is susceptible for DNA testing Deoxyribonucleic acid sample Inorganic sample Biological sample Human matters 166. In searching for a gun powder residue on a person, this test is not really credible. Gunshot residue analysis Paraffin Testing Parnaffin Testing Parmaffin Testing

85. 167. When doubt arises as to the truth or falsity of the alleged facts claimed. Question of fact Question of Truth Question of Certainty Question of Law 168. A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. Miranda Doctrine Fruit of the Venomous Tree Doctrine Fruit of the Poisonous Tree Doctrine Exclusionary Evidence Doctrine

86. 169. Refers to the fact in issue or proposition sought to be established Factum probandum Factum probans Factum pronandum Factum probas 170. This refers to the behavior of a witness on the witness stand while testifying. Characteristic evidence Mannerism evidence Actions evidence Demeanor evidence

87. 171. Mr. Sy witness a crime of murder while passing by the park, he saw the whole thing. Mr. Sy report the crime and state all the things he just witness. Mr. Sy is qualified as? Primary evidence Secondary evidence Positive evidence Negative evidence 172. A robbery was committed in the house of Burnok . While the police are investigating, this person named Marites states that she know what happen and who is the perpetrator even though the truth is that she was never on that scene but only claiming it. Marites is qualified as? Primary evidence secondary evidence Positive evidence negative evidence

88. 173. It refers to family history or descent transmitted from one generation to another. Inheritance Heritage Pedigree Culture 174. Abdul claims that he saw Zaipo signing the document contract, but Zaipo denied the claim of Abdul. Then a handwriting expert says that the signature is indeed belong to Zaipo . What evidence can be shown? Cumulative evidence Corroborative evidence Positive evidence Circumstantial evidence

89. 175. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed. Secondary evidence Prima facie evidence Corroborative evidence Best evidence   176. When the witness states that he did not see or know the occurrence of a fact. Positive evidence Corroborative evidence Secondary evidence Negative evidence

90. 177. Party A and party B submits all their evidences to the court. Upon reviewing and evaluation of the evidences submitted, the judge come to decision in favor of Party B. What evidence described the situation? Quantum of evidence Weight of evidence Sufficiency of evidence None of the above   178. Cardo Batumbakal present the evidence He collected at the crime scene which is the Karambit , Cardo also engraved his initial to the handle of karambit for identification. What type of object evidence Cardo present to the court? Unique objects Objects made unique Non- unique objects All of the above

91. 179. Abdul Salsalani is chosen by her nephew to accompany her to testify and attend the judicial proceeding to provide emotional support to the nephew. Abdul Salsalani is called as? Garduan ad litem Guardian Support person Supporting entity 180. The judge excluded the evidence submitted by the party of defendant because it cannot support the facts of the case. Axiom of relevance Axiom of competence Axiom Admissibility

92. 181. Anna a child victim of raped testifies to the court, the court accepted all her testimony and credited them since no child or woman would concoct a story of defloration, allow an examination to the private parts and being subjected to public trial. The testimony of Anna is considered as? Admissibility Credibility Inadmissible Not credible 182. Manuel, the prosecutor in charge of presenting all necessary and sufficient evidences to established their claim or defense by the amount of evidence required by the law. What burden lies to the prosecutor? Burden of Proof Burden of evidence Burden of burden Inference

93. 183. Antecedent Circumstances is a facts existing before the commission of the crime example of this are except Hatred Bad Moral Character of the Offender Previous PLan Emotion 184. Collateral Matters are classified into except Antecedent Circumstances Concomitant Circumstances Matter Circumstances Subsequent Circumstances

94. 185. Mario and Maria are married. One day Mario went to Thailand to work and never came back to the Philippines. Although Maria known that Mario is still in Thailand, filed a case in the court to declare Mario presumed death already. This is because Maria lost contact with Mario and that they never communicated with each other for 15 years already. Can Mario be declared as presumed dead? No Yes Maybe No comment 186. Alvin submitted an 31 years old document to the court for authentication and to proof genuineness. What kind of evidence Alvin submitted? Private document Ancient document Public document None of the Above

95. 187. Witness Magellan take an outward pledge before the witness stand that his attestation or promise is under the sense of responsibility to God. What does the witness do before giving a testimony? Affirmation Promise Oath All of the above 188. After the seizure of illegal drugs done by the seizing officer of the PDEA. In chain of custody of illegal drugs where should the seizing officer transmit the said drugs? Evidence Custodian PNP/PDEA crime lab Lead Investigator Chief Investigator

96. 189. A deaf muted person witness a crime. Does he qualified to be a witness even though he has disability? Yes No Maybe I don’t know 190. This means any organic material originating from a person’s body, even if found in inanimate objects. This includes blood, saliva and other body fluids. DNA DNA evidence DNA sample Biological sample

97. 191. You saw Maria killed Jose because you were present when it happened , didn’t you ? What type of Question is this Leading Question Misleading Question Argumentative Question Speculative Question 192. The victim cried in pain didn’t he ? What type of question is this Misleading Question Argumentative Question Speculative Question Leading Question

98. 193. In Res Inter Alios Acta Rule , the exception are the following except Admission by a Co-partner or agent Admission by a Conspirator Admission by Accused Admission by Silence 194. The following are the qualifications of witnesses except Can perceive Can make known their perception to others Not disqualified by reason of mental incapacity, immaturity Can be expressive

99. 195. May a fake document be considered as original or authentic Yes, a forged document when presented in court for examination is considered as the original fake document. Thus, a mere photocopy of the allegedly forged document is only secondary to the original questioned document No, Because it is a fake document and it is not admissible in court Both A and B None of the above 196. A document is legally considered original when. Except It is the subject of an inquiry When in two or more copies executed at or about the same time with identical contents When it is examined When an entry is repeated in ordinary course of business, one being copied from another at or near the time of the transactions

100. 197. This are example of Documentary Evidence except Containing Letters Containing Words Containing Numbers Containing Emoji 198. Mr X as a witness has a right to be detained longer than the justice require True Maybe True Maybe False False

101. 199. Can the witness give an answer which will not tend to degrade his or her reputation No Yes Maybe None of the Above 200. The examination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answer of the witness shall be given orally. True False Maybe Not sure