midterm

84問 • 6ヶ月前

問題一覧

A document is considered original only if it is handwritten and signed by the parties.

FALSE

If two or more copies of a document were executed at the same time and have identical content, they are all considered originals.

TRUE

When entries are copied in the regular course of business at or near the time of the transaction, only the first entry is considered the original.

FALSE

Multiple identical copies of the same contract, signed at the same time, are each considered an original.

TRUE

The term "parol" evidence means something oral or verbal but with reference to contracts it means extraneous evidence or evidence aliunde,

TRUE

Under the parol evidence rule, no evidence of the terms of a writing are admissible other than the contents of the written agreement.

TRUE

A party, is never aliowed to present evidence to modify, explain or add to the terms of written agreement.

FALSE

When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the written words shail be followed.

TRUE

Whenever the intent of the parties was not reflected in the agreement, parties are allowed to introduce verbal evidence.

TRUE

Under the Parol Evidence Rule, an Agreement must be interpreted in its entirety and the words in their ordinary meaning.

TRUE

The Parol Evidence Rule covers agreements but not Wills and Testaments.

FALSE

The Original Document Rule applies only to documents and not to object evidence.

TRUE

A document may also be regarded as an object evidence depending on its purpose

TRUE

If the original document cannot be located, a secondary evidence, or a photocopy may be presented as long as the circumstances of its loss or non- production is without bad faith on the part of the offeror and is proven in court.

TRUE

If the original copy cannot be produced, then the party has no available remedy under the law.

FALSE

If the issue about the document is not its contents, the Original Document Rule does not apply.

TRUE

If the document is a public document and is under the custody of a public office or public record, there is no need to present the original copy. A copy or a Certified copy of which is sufficient.

TRUE

When an instrument consists partly of written Words and partly of a printed form, and the two are inconsistent, the written words shall be controlling.

TRUE

Duplicate or carbon copies are considered as original copies.

TRUE

Secondary evidence can be presented as a subsitute even if the original copy is available.

FALSE

The parol evidence rule can be waived by failure to invoke the benefits of the rule.

TRUE

The best evidence rule may be waived if not raised in the trial.

TRUE

The term "parol" evidence means something oral or verbal but with reference to contracts it means extraneous evidence or evidence aliunde.

TRUE

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.

TRUE

A witness to testify on the contents of an unavailable document is the last option under the hierarchy of choices under the Documentary evidence.

TRUE

Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents.

DOCUMENTARY EVIDENCE

may be offered and admitted in evidence both as documentary evidence and as object evidence depending on the purpose for which the document is offered. If offered to prove its existence

DOCUMENT

Best evidence rule is also known as _______

ORIGINAL DOCUMENT RULE

Which rule requires the presentation of the original document in court when the contents of that document are in dispute, to avoid fraud and ensure accuracy?

BEST EVIDENCE RULE/ORIGINAL DOCUMENT RULE

The basic premise justifying the rule is the need to present to the court the exact words of a writing where a slight variation of words may mean a great difference in rights.

BEST EVIDENCE RULE

is the prevention of fraud or mistake in the proof of the contents of a writing.

BEST EVIDENCE RULE

The best evidence rule applies only in __________

DOCUMENTARY EVIDENCE

is one the contents of which are the subject of inquiry.

ORIGINAL DOCUMENT

When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.

ORIGINAL DOCUMENT

When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.

ORIGINAL DOCUMENT

When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a _________ issued by the public officer in custody thereof.

CERTIFIED COPY

means something oral or verbal but with reference to contracts it means extraneous evidence or evidence aliunde.

PAROL EVIDENCE

evidence elicited from the mouth of a witness as distinguished from real and documentary evidence.

TESTIMONIAL OR ORAL EVIDENCE

the person who gives the testimony.

WITNESS

refers to the witness’ personal qualification to testify, as distinguished from competence of evidence which means the inclusion or exclusion by the law or rules of such evidence

COMPETENCE OF WITNESS

"False in one thing, false in everything" is a legal maxim, often expressed in Latin as _______

FALSUS IN UNO, FALSUS IN OMNIBUS

It means that if the testimony of a witness on a material issue is wilfully false and given with an intention to deceive, the jury may disregard all the witness’ testimony

FALSUS IN UNO, FALSUS IN OMNIBUS

Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others are disqualified to give testimony

TRUE

any person who, at the time giving testimony, is below the age of eighteen (18) years

CHILD WITNESS

The Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully are qualified to give testimony

FALSE

This is used only when the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses

SECONDARY EVIDENCE

It is designed to give certainty to written transactions, preserve the reliability and protect the sanctity of written agreements.

PAROL EVIDENCE RULE

It states that no evidence of the terms of a writing are admissible other than the contents of the written agreement.

PAROL EVIDENCE RULE

This can be presented if the document is in the custody or under the control of adverse party, he must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce the document.

SECONDARY EVIDENCE

Every child is presumed qualified to be a witness.

TRUE

This rule prevents one spouse from testifying against the other during their marriage, even if the testimony is relevant and material.

DISQUALIFICATION BY REASON OF MARRIAGE

When the disqualification by reason of marriage can be be applied?

DURING THE MARRIAGE

Spouses cannot testify against each other during their marriage unless both agree.

TRUE

During their marriage, a husband may testify against his wife in a criminal case without her consent if the crime was committed against him

TRUE

This rule states that during their marriage, neither the husband nor the wife may testify for or against the other without consent, except in certain civil or criminal cases.

DISQUALIFICATION BY REASON OF MARRIAGE

This disqualification states that the husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence during the marriage, except in certain civil or criminal cases.

DISQUALIFICATION BY REASON OF PRIVELEGED COMMUNICATION

Even after the marriage has ended, a spouse cannot testify about confidential communications made during the marriage without the consent of the other.

TRUE

A husband can be forced to testify about a private conversation with his wife during their marriage without her consent.

FALSE

A witness will not be allowed to testify if he refuses to take an oath or affirmation.

TRUE

A child can never be a witness.

FALSE

Party can impeach or contradic his own witness

FALSE

Only those who have a college degree can be witnesses in Court.

FALSE

The Privileged Communication Rule as a disqualification does not apply after the marriage has been dissolved/annulled.

FALSE

It is a rule that prohibits an attorney, without the consent of the client, from being examined as to any communication made by the client to him, or any advice given thereon, in the course of or with a view to professional employment.

ATTORNEY-CLIENT PRIVELEGE

It is a rule that disqualifies a person authorized to practice medicine, surgery, or obstetrics from being examined in a civil case, without the consent of the patient, as to any advice or treatment given, or any information acquired while attending the patient in a professional capacity, when such information would blacken the reputation of the patient.

DOCTOR-PATIENT PRIVILEGE

It is a rule that prohibits a minister or priest from being examined, without the consent of the person making the confession, as to any confession made to or advice given by him in his professional character and in the course of discipline enjoined by the church to which he belongs.

PRIEST-PENITENT PRIVELEGE

the power of the government to withhold information from the public, the courts, and the Congress

EXECUTIVE PRIVILEGE

It is a rule that states no person may be compelled to testify against their parents, children, or other direct ascendants or descendants in a case, and the privilege belongs to the person who is being compelled to testify.

PARENTAL AND FILIAL PRIVELEGE

A person may voluntarily testify against his parent or child but the affected party can invoke his privilege.

TRUE

Interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification.

TRUE

In the attorney-cllent privileged communication, the communication must be given by the client because of the professional relation in order for it to be privileged.

TRUE

The mental capacity of a witness is only considered at the time of his production/presentation in court to testify.

TRUE

Mental and intellectual capacity/maturity of a witness refers to his degree of education, his economic status in life and his professional achievements.

FALSE

All persons can be witnesses as long as they do not possess any of the disqualifications under the Rules.

TRUE

Deaf-mutes are absolutely not allowed to become a witness just because of their disability.

FALSE

The relationship of a witness does not automatically render him a biased witness in criminal cases as long as the requirements of credibility and admissibility is complled with

TRUE

An offer of compromise in Quasi-Delict cases (Imprudence cases (accident) is prohibited by the law

FALSE

The principle of Deadman Statute applies in criminal law.

FALSE

Where a person consults an attorney, not as a lawyer, but merely as a friend, or a participant in a business transaction, the Attorney Cllent Privilege does not apply.

TRUE

In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.

TRUE

In Marital Disqualification Rule, the same still applies or available even after the marriage of the parties.

FALSE

Mental capacity of a witness refers to his IQ (Intelligence quotient) and to his degree in education.

FALSE

The parol evidence rule absolutely prohibits oral evidence such that there are no exceptions allowed

FALSE

It is a rule that disqualifies a party or person in whose behalf a case is prosecuted from testifying against the executor, administrator, or representative of a deceased or insane person, about matters that occurred before the death or insanity, when the case involves a claim against the estate.

DEAD MAN'S STATUTE

CLJ1 FINALS

Adrian Ramirez · 95問 · 2年前

CLJ1 FINALS