finals

35問 • 5ヶ月前

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It is a rule which states that the rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as otherwise provided.

RES INTER ALIOS ACTA RULE

It refers to an act or declaration of a partner or agent of the party, within the scope of his authority and during the existence of the partnership or agency, which may be given in evidence against such party.

ADMISSION BY CO-PARTNER OR AGENT

It refers to an act or declaration of a conspirator relating to the conspiracy and during its existence, which may be given in evidence against the co-conspirator.

ADMISSION BY CONSPIRATOR

It is an act, declaration, or omission by a predecessor-in-interest, made while holding the title to property, which may be given in evidence against the successor-in-interest.

ADMISSION BY PRIVIES

It happens when a party does or says nothing in the presence of an act or declaration that naturally calls for a denial or response if not true.

ADMISSION BY SILENCE

It is a voluntary acknowledgement made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an action

ADMISSION

The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him.

CONFESSION

It is the rule that evidence of a person’s conduct at one time is not admissible to prove that he did or did not do the same at another time, except to show intent, knowledge, identity, plan, system, scheme, habit, or custom.

RES INTER ALIOS ACTA RULE

It refers to an offer in writing to pay a certain sum of money or deliver property which, if rejected without valid cause, is considered equivalent to actual tender of payment or delivery.

UNACCEPTED OFFER

A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules.

HEARSAY RULE

This type of evidence is based on the personal knowledge, skill, training, or experience of the witness, forming conclusions from what they personally observed

OPINION EVIDENCE

One that is not based on one’s personal perception but based on the knowledge of others to prove the truth of the matter asserted in an out-of-court declaration

HEARSAY EVIDENCE

A statement made by a person under the consciousness of impending death, referring to the cause and circumstances of his death, which may be received in evidence.

DYING DECLARATION

It is the declaration made by a deceased person, or one unable to testify, against his own interest at the time it was made, such that a reasonable person would not have made it unless he believed it true.

DECLARATION AGAINST INTEREST

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

It is the duty of a party to go forward with the evidence to overthrow the prima facie evidence against him. This may shift from one side to the other as the exigencies of the trial require, and shifts with alternating frequency.

BURDEN OF EVIDENCE

an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established;

PRESUMPTION

a factual conclusion that can rationally be draw from other facts

INFERENCE

an assumption which the law requires to be made from a set of facts

PRESUMPTION OF LAW

an assumption made from facts without any direction or positive requirement of a law.

PRESUMPTION OF FACTS

a presumption which becomes irrebuttable upon the presentation of the evidence and any evidence tending to rebut the presumption is not admissible

CONCLUSIVE PRESUMPTION

a presumption which may be contradicted or overcome by other evidence; it is satisfactory if uncontradicted

DISPUTABLE PRESUMPTION

an equitable principle rooted upon natural justice which prevents persons from going back on their own acts and representations, to the prejudice of others who have relied on them.

ESTOPPEL

What rule provides that there is no presumption of legitimacy of a child born after three hundred (300) days following the dissolution of the marriage or the separation of the spouses, and that whoever alleges legitimacy or illegitimacy must prove his allegation?

PRESUMPTION OF LEGITIMACY AND ILLEGITIMACY

is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.

DIRECT EXAMINATION

It is the questioning of a witness by the adverse party after the direct examination, intended to test the accuracy, truthfulness, or bias of the witness.

CROSS EXAMINATION

It is the examination conducted by the party who presented the witness, after cross-examination, to explain or supplement the answers of the witness.

RE-DIRECT EXAMINATION

It is the examination by the adverse party after the re-direct examination, limited to matters raised in the re-direct or as allowed by the court.

RE-CROSS EXAMINATION

It is the act of calling a witness to the stand again after both sides have finished examining him, which can only be done with the permission of the court.

RECALLING WITNESS

It is a type of question that suggests to the witness the answer which the examining party desires.

LEADING QUESTION

It is a question that assumes as true a fact not yet testified to by the witness, or contrary to what the witness has previously stated.

MISLEADING QUESTION

one directed against the alleged defect in the formulation of the question

FORMAL OBJECTION

one made and directed against the very nature of the evidence

SUBSTANTIVE OBJECTION

It is the act of attaching documents or things that the court excluded as evidence, so that they form part of the case record.

TENDER OF EXCLUDED EVIDENCE

It is the legal term used to describe the process of making sure that excluded evidence is still placed on record for possible review on appeal.

OFFER OF PROOF

CLJ1 FINALS

Adrian Ramirez · 95問 · 2年前

CLJ1 FINALS