問題一覧
1
is the evidentiary fact or the fact by which the factum probans is to be established.
FACTUM PROBANS
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the result or the effect of evidence.
PROOF
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evidence of the same kind and to the same state of facts.
Cumulative evidence
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that which is directly addressed to the senses of the court and consists of tangible things exhibited in court.
Object or real or autoptic evidence
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when a witness affirms that a fact did or did not occur.
Positive evidence
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that which proves the fact in dispute without the aid of any inference or presumption.
Direct evidence
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additional evidence of a different character to the same point.
Corroborative Evidence
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it consists of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents.
Documentary Evidence
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that which is submitted to the court through the testimony or deposition of a witness. It is that which directly comes out of the witness's mouth, oral or written, such as depositions and affidavits.
Testimonial Evidence
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that which the law regards as affording the greatest certainty of the fact in question.
Primary Evidence
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the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
EVIDENCE
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when the evidence not admissible for one purpose but admissible for two or more purposes
Multiple Admissibility of Evidence
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when a witness states he did not see or know of the occurrence of a fact.
Negative Evidence
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that which is inferior to the primary evidence and is permitted only when the best evidence is not available.
Secondary evidence or Substitutionary Evidence
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the proof of fact or facts from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or provable consequence.
Circumstantial Evidence
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Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence
Prima Facie
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It prohibits any attempt to contradict or modify the terms of a written agreement
Parole Evidence Rule
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The examination of individual witness shall be in the following order:
Direct, Cross, Redirect and Recross
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It refers to additional evidence of the different kind bearing on the same point
Corroborative
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It suggests to the witness the answer which the examining party desires
Leading question
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It refers to the value given to the material after it has been admitted
Weight
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Extrajudicial confession independently made without collusion which are identical with each other in their essential details are admissible
Interlocking confession
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For object evidence to be admissible, it must be:
All of the above
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It is the examination in chief of a witness by the party presenting him on the facts relevant to the issue
Direct Examination
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Quantum of evidence required to convict an accused
Proof beyond reasonable doubt
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Evidence will be excluded if it was gained through evidence uncovered in an illegal arrest, unreasonable search or coercive interrogation. This is known as:
Doctrine of the Fruit of the Poisonous Tree
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Statement of facts which does not involve an acknowledgement of guilt
Admission
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As a general rule, the opinion of an ordinary witness is
Not admissible
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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
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In an attorney-client relationship, a party may invoke disqualification by reason of privileged communication, this privilege belongs to the
Client
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Evidence given to explain, repel, counteract or disprove facts given in evidence by adverse party
Rebuttal
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It refers to the ultimate fact to be proven
Factum Probandum
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Re-examination by the party calling him to explain or supplement his answers given during the cross-examination
Redirect examination
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When the original document has been lost, its contents may be proven by:
All of the above
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Rules on evidence are applicable only in
Judicial proceedings
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Time to offer object evidence
After the presentation of testimonial evidence
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Requisites for admissibility of evidence
Relevant and competent
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During their marriage, the husband or the wife cannot testify against the other without the consent of the affected spouse, except:
All of the above
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Who may be a witness?
All persons who can perceive, is perceiving, and can make known their perception to others
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It refers to the process of proving the due execution and genuineness of a document
Authentication
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In criminal cases, proving guilt lies on the
Prosecution
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If a document is offered to prove its contents, the document is what kind of evidence
Documentary
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One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated
Misleading question
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The opinion of an expert witness is:
Admissible
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It refers to evidentiary fact by which the ultimate fact is to be established
Factum Probans
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Which of the following circumstance makes the evidence incompetent?
Evidence obtained through third degree method of investigation
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It refers to moral certainty or that degree of proof which produces conviction in an unprejudiced mind
proof beyond reasonable doubt
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During the examination of a witness, this is done to explain apparent contradictions or inconsistencies and to rehabilitate the testimony of the witness
Re-direct Examination
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It consists of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents
Documentary evidence
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When objects as evidence may be exhibited to, examined or viewed by the court?
When an object is relevant to the fact in issue
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The witness cannot be compelled to testify against his parents or direct ascendants. This refers to:
Filial Privilege
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Time to offer of the testimony of a witness in evidence
at the time the witness is called to testify
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Every person who is physically involved in a crime leaves some minute trace of his/her presence in the crime scene or in the victim and often takes something away from the crime scene and/or victim. This is known as:
Principle of Contact
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Police Officers Abra, Anygma and Aklas, without a search warrant entered the house of Sinio, conducted search of the premises and confiscated five grams of shabu. Is the shabu confiscated admissible in evidence?
No, the shabu was taken from an illegal search
55
The following is a requisite for extrajudicial confession to be admissible except:
under force or intimidation
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Declaration made by a person under the consciousness of an impending death
Dying Declaration
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Additional evidence of the same kind bearing on the same point
Cumulative
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It refers to the declaration of an accused acknowledging his or her guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him or her.
Confession
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Which of the following privileged communication is applicable in civil cases only?
Physician and Patient Privilege
60
Jose through torture admitted the killing of Wally. He signed a written confession pointing Tito, Vic and Joey as his accomplices. Is the written confession admissible in evidence?
No, evidence was taken through torture therefore inadmissible
61
When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors-in-interest, no evidence of such terms other than the contents of the written agreement. What rule in documentary evidence is being referred to?
Parol Evidence Rule
62
Which of the following is the purpose of establishing chain of custody?
To preserve the integrity of physical evidence
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Cognizance of certain facts which judges may properly take and act upon without proof because they are supposed to be known to them
Judicial Notice
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It is 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
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49. Evidence is admissible when it is relevant to the issue and not excluded by:
All of the above
66
An ancient document is a document that is
More than 30 years of old