EVIDENCEPRETESTA

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1. Which is the hearsay evidence rule?

WITNESS CAN TESTIFY ONLY TO


THE FACTS DERIVED FROM HIS PERCEPTION
2. What is that statement made by a wounded person shortly after he received
severe bolo stabs narrating therein the whole incident to another which is
admissible in evidence as part of – RES GESTAE
3. One of the two requisites of admissibility of evidence is when it is relevant to the
issue and what is the other requisite? IT IS NOT EXCLUDED BY THE LAW
4. When could an ordinary citizen give his opinion regarding the handwriting of a
person? WHEN IT IS THE HANDWRITING OF ONE WHOM HE HAS
SUFFICIENT FAMILARITY
5. Can a husband testify against the wife in an adultery case? YES BECAUSE
CRIME CHARGE IS ONE COMMITTED BY THE WIFE AGAINST THE
HUSBAND
6. Which among the following document is NOT a public document?
ACCOMPLISHED FORM WITH NO SIGNATURE
7. 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
8. How many days that a child that was born before the second marriage can
become legitimate? 180 DAYS
9. Which of the following evidence is the same, as that which is already given?
CORROBORATIVE EVIDENCE
10. Defendants John and Levy made an appeal from a judgment that convicted them
of illegal importation of opium. One of the errors assigned as claimed, is
“permitting the government principal witness to be in the courtroom while other
witnesses were testifying. The exclusion of the witnesses by the court is
_______. NOT SACTIONED BY THE RULES OF COURT
11. In a case of oral defamation, where the priest is the only available witness. Can a
priest testify as to the alleged defamatory words given to him by the accused
during confession? PRIVILEGE COMMUNICATION GIVEN BY
PENITENT TO A PRIEST
12. Is that which is not excluded by the law as tending to prove a fact in issue A.
material evidence B. relevant evidence C. direct evidence D. competent evidence
Mayoralty candidates A & B in the city of Calamba are contesting each other’s
votes garnered during the last election. In this case, what could be the best
evidence to present in court? BALLOTS
13. What kind of presumption involves the mental process by which the existence of
one fact is inferred from proof of some other facts? DISPUTABLE
14. When is evidence presented in court for admissibility considered relevant to the
issue? WHEN IT HAS A DIRECT BEARING AND ACTUAL
CONNECTION TO THE FACTS AND ISSUE
15. The body of a dead person is ___________ if his death is at issue. REAL
EVIDENCE
16. When is evidence presented in court for admissibility considered competent?
WHEN IT IS NOT EXCLUDED BY THE RULES
17. The SC ruled the illegally obtained evidence is inadmissible in state criminal
prosecutions in the famous case of? MAPP VS OHIO
18. Evidence is admissible when it is relevant to the issue and is not excluded by the
rules on ADMISSIBILITY OF EVIDENCE
19. In self defense, the burden of proof rest upon the ____________ ACCUSED
20.Real or object evidence is authenticated by showing that it is what is claimed
to be
21. Choose which of the following is correct: DOCUMENTARY EVIDENCE
APPLIES ONLY WHEN THE CONTENTS OF SUCH DOCUMENT IS
THE SUBJECT OF INQUIRY
22. One of the following is not a requisite for presentation of secondary evidence. IT
HAS BEEN LOST, DESTROYED OR CANNOT BE PRODUCED IN
COURT.
23. It is the quantum of evidence required in a civil case: PREPONDERANCE OF
EVIDENCE
24. To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico
running down the street, shouting excitedly, “Sinaksak daw ni Susan ang asawa
niya!” Rico’s declaration is ADMISSIBLE AS PART OF RES GESTAE
25. It is the probative effect of evidence PROOF
26. A kind of evidence which cannot be rebutted or overcome. CONCLUSIVE
27. All persons who can perceive and perceiving, can make known their perception to
others. WITNESS
28.It is the doctrine that speaks of that illegally seized documents, papers,and things
are inadmissible in evidence? DOCTRINE OF THE FRUIT OF THE
POISONOUS TREE
29. An evidence which indirectly proves a fact in issue through an inference which a
fact finder draws from the evidence established. CIRCUMSTANTIAL
EVIDENCE
30.The medium or means by which a fact is proved or disproved. EVIDENCE
31. What is the Rule in Evidence which states that, “When the terms of an agreement
have been reduced to writing, it is considered as containing all the terms agreed”?
PAROL EVIDENCE RULE
32. Refers to the question of whether or not the evidence is to be considered or not.
ADMISSIBILITY OF EVIDENCE
33. It is that which, standing alone, unexplained or uncontradicted is sufficient to
maintain the proposition affirmed. PRIMA FACIE EVIDENCE
34. A form of evidence supplied by written instruments or derived from conventional
symbols, such as letters, by which ideas are represented on material substances
DOCUMENTARY EVIDENCE
35. When the witness states that he did not see or know the occurrence of a fact.
POSITIVE EVIDENCE
36. It is the weight of evidence required in an administrative case: SUBSTANTIAL
EVIIDENCEC
37. It is the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.
BURDEN OF PROOF
38.Exemption to the hearsay rule made under the consciousness of an impending
death. ANTE MORTEM STATEMENT
39. Refers to the quantum of evidence where only moral certainty is required, or that
degree of proof which produces conviction in an unprejudiced mind. PROOF
BEYOND REASONABLE DOUBT
40.It refers to family history or descent transmitted from one generation to another.
PEDIGREE
41. Takes the place of proof and has the effect of making evidence unnecessary.
JUDICIAL NOTICE
42. Has reference to the basic qualifications of a witness as his capacity to perceive
and his capacity to communicate his perception toothers COMPETENCY
43. This doctrine means that an unlawful search taints not only the evidence
obtained there at but also facts discovered by reason of unlawful search.
DOCTRINE OF FRUIT OF THE POISONOUS TREE
44. This rule commands that evidence obtained by an unreasonable search and
seizure is excluded from evidence. EXCLUSIONARY RULE
45. Refers to the tendency of evidence to convince and persuade the court or to prove
the fact in issue. ADMISSIBILITY OF EVIDENCE
46. What is the means sanctioned by the rules of ascertaining in a judicial proceeding
the truth respecting a matter of fact? EVIDENCE
47. The meaning of factum probans. EVIDENTIARY FACTS
48.Refers to evidence that is supplementary to that already given tending to
strengthen or confirm it. It is usually of a different type from that previously
offered but which tends to prove the same fact. CORROBORATIVE
EVIDENCE
49. Which of the following statements is incorrect? ATTY-CLIENT, PUBLIC
OFFICER, HUSBAND AND WIFE, NONE OF THE ABOVE
50.These are matters other than the fact in issue and which are offered as a basis for
inference as to the existence or non-existence of the facts in issue.
COLLATERAL MATTERS
51. A person agreeing that he did see something is giving what kind of evidence?
POSTIVE EVIDENCE
52. The testimony of the prosecution witness claiming that he saw that it was actually
the deceased who attacked the accused without the latter’s provocation is what
type of evidence? DIRECT EVIDENCE
53. In an action for damages arising from a car accident, the plaintiff
introduced evidence to show that on several occasions the defendant in the past
had injured pedestrians because of his negligence. Under this concept, the court
must give the party against whom the evidence was admitted the chance to
contradict or explain the alleged past acts he committed to counteract the
prejudice which the improperly admitted evidence may have caused.
CURATIVE ADMISSIBILITY
54. Information or the representation of information, data, figures, symbols or other
modes of written expression, described or however represented, which is
received, recorded, transmitted, stored, processed, retrieved or produced
electronically. ELECTRONIC DOCUMENT
55. What is required in proof beyond reasonable doubt? MORAL CERTAINTY
56. The amount of relevant evidence which a reasonable mind might accept as
adequate to support a conclusion. SUBSTANTIAL EVIDENCE
57. When must testimonial evidence be objected? IMMEDIATELY AFTER THE
OFFER IS MADE.
58. This is considered as an ancient document. DOCUMENT IS MORE THAN 30
YEARS OLD
59. Who among the following witnesses can be impeached? HOSTILE AND
UNWILLING WITNESSES
60.These are questions that suggest to the witness the answer, which the examining
party desires. LEADING QUESTIONS
61. Examination-in-chief of a witness by the party presenting him on the facts
relevant to the issue. DIRECT EXAMINATION
62. Refers to the preliminary examination of witnesses for the purpose of
establishing whether or not a witness really is qualified as such. VOIR DIRE
63. Where the object in question cannot be produced in court because it is
immovable or inconvenient to remove, the natural recourse is for the court to
order an ocular inspection and go to the object in its place and observe it there.
AUTOPTIC PREFERENCE
64. Which is not an original document? ALL OF THESE
65. During their marriage, neither the husband nor the wife may testify for or against
the other without the consent of the affected spouse. MARITAL
DISQUALIFICATION
66. Any act, declaration or omission of a party as to a relevant fact may be given in
evidence against him. ADMISSION
67. A declaration made at any time by a person, voluntarily and without compulsion
or inducement, stating or acknowledging that he had committed or participated
in the commission of a crime. CONFESSION
68.Statements made or matters accomplished between two parties cannot prejudice
a third party. RES INTER ALIOS ACTAM
69. It is that which proves the fact in dispute w/o the aid of any inference or
presumption. DIRECT EVIDENCE
70. These are those addressed to the senses of the court. OBJECT EVIDENCE
71. These are physical or tangible evidences presented to the trier of fact for
inspection, as relevant to an issue in the case. OBJECT EVIDENCE
72. Who among the following can authenticate a photograph? ALL OF THESE
73. Is a negative paraffin result a conclusive proof that a person has not fired a gun?
NO, THE FACT ALONE DOES NOT IPAO FACTO PROVE THAT THE
ACCUSED WAS INNOCENT
74. Photograph is what type of evidence? OBJECT EVIDENCE
75. CDs and tapes are what type of evidence? OBJECT EVIDENCE
76. Which of the following is not a disqualification to become a witness? ALL OF
THESE
77. This exists when two or more persons come to an agreement concerning the
commission of a crime and decide to commit it. CONSPIRACY
78. After a robbery was committed nearby, Accused X told his neighbour A that he, Y,
and Z, committed it. Is X’s statement admissible against Y and Z? NO, THE
STATEMENT WAS MADE AFTER THE EXISTENCE OF THE
CONSPIRACY
79. It is the testimony of a witness in court or the documentary evidence presented in
court of somebody’s words or actions, uttered or done outside the courtroom, to
prove the truth of what the witness or the document states. HEARSAY
80.These are presumptions which are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence. DIPUTABLE PRESUMPTION
81.Which is not a disputable presumption? TENANT IS NOT PERMITTED TO
DENY THE TITLE
82. This may happen that one may offer evidence which is inadmissible but which is
admitted because there is no objection from the opposite party. The latter is not justified
in introducing a reply to the same kind of evidence, if properly objected, it erases the
unfavorable inference which might otherwise have been caused from the original
evidence CURATIVE ADMISSIBILITY
83.What is the categorical acknowledgement of guilt made by an accused in a
criminal case, without any exculpatory statement or explanation?
CONFESSION
84.The evidence which cannot be rebutted or overcome is called- CONCLUSIVE
EVIDENCE
85. The husband was shot and wife was stabbed. The wife died instantly. The
husband was brought to the hospital and made a statement that it was X who stab
her wife. The husband then died. Is the testimony of the husband admissible?
NO, THE DECLARATION PERTAINS TO THE DEATH OF THE WIFE
86. During a shipwreck, Anna, 14 years old and Elsa, 13 years old were lost.
Who shall be considered to have survived? BOTH AS THEY WERE BELOW
15 YEARS OLD
87. Sven, 15 years old was together with his father Kristoff who was 62 years old
when the plane crashed. For the purpose of succession, who is deemed to have
survived? SVEN
88.When XXX was only 15 years old, he was molested by his boyfriend. One day she
was hit by a truck. The victim before death tells to the police investigator: “I was
raped.” Is this a dying declaration? NO SHE WAS ONLY 15 YEARS OLD
WHEN IT HAPPENED.
89.Melissa has annulled her marriage from her first husband and decided to get
married after 6 monhts. Melissa found out that she was pregnant and delivered
the baby 110 days before her second marriage took place. Who shall be deemed
the father of his child? THE FORMER HUSBAND
90.After the cross-examination of the witness has been concluded, he may be re-
examined by the party calling him, to explain or supplement his answers given
during the cross-examination. RE-DIRECT EXAMINATION
91. This is one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he has previously stated. MISLeading questions
92. Are misleading questions allowed in court? NO, THERE ARE NO
EXCEPTIONS
93. SE
94. A person on board a vessel lost during a sea voyage shall be considered dead for
all purposes if has not been heard of within how many years? AFTER LOST OF
THE VESSEL FOR FOUR YEARS
95. Jose was killed. Pedro admitted that he was the one who killed Jose.
Unfortunately, Pedro also died. The prosecutor filed an information charging
Juan with homicide of Jose. The defense presented a witness who heard Pedro
say that he was the one who killed Jose. Is the evidence admissible? YES, AS A
DECLARATION AGAINST INTEREST
96. A parish priest of the community where the accused belongs is presented as
witness. And the parish priest testifies that the accused goes to mass everyday
and receives holy communion. Is the evidence admissible? NO, THE
TESTIMONY IS NOT ADMISSIBLE TO SHOW THE ACCUSED’’S
GOOD MORAL CHARACTER
97. This is considered as the highest level of evidence because nothing is more
certain than the evidence of our sense. OBJECT EVIDENCE
98.The U.S. Supreme Court came up with a test of reliability and directed that trial
judges are to consider whether the theory or technique can be tested, whether the
proffered work has been subjected to peer review, whether the rate of error is
acceptable and whether the method at issue enjoys widespread acceptance when
determining the admissibility of scientific evidence. DAUBERT TEST
99. A lie detection test is admissible in the Philippines. FALSE
100. These are tangible evidences which illustrate a matter of importance to the
case but are not the very objects involved in the case. They merely illustrate or
represent or emphasize, visualize or make more vivid what a party desires to
emphasize. DEMONSTRATIVE EVIDENCE.
101.

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