PRELIMS

59問 • 7ヶ月前

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It is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

EVIDENCE

What are the dual concept of evidence

MATERIAL PRESENTED IN COURT, AND A SYSTEM, PROCESS, METHODOLOGY OF PROVING A FACT

Evidence is admissible when it:

RELEVANCE AND COMPETENT

If it has a logical connection to the fact in issue brought before the court.

RELEVANT

When it does not violate any procedural requirement during the gathering or collection of such evidence

COMPETENT

Evidence distinguished to proof

proof is the effect or result of evidence while evidence is the medium of proof.

It is that kind of evidence which, in trial is presented by witnesses verbally.

TESTIMONY

refers to the degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the tribunal.

PROOF

any event or act or condition of things, assumed as happening or existing

FACT

a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded

FACT IN ISSUE

It is any fact considered by the tribunal as data to persuade them to reach a reasoned belief upon a probandum

FACT-IN-EVIDENCE

the proposition to be established; necessarily conceived as hypothetical.

FACTUM PROBANDUM

It refers to the ultimate fact to be proven, or the proposition to be established. That, which a party wants to prove to the court.

FACTUM PROBANDUM

the material evidencing the proposition; conceived of for practical purposes as existent, and is offered as such for the consideration of the tribunal.

FACTUM PROBANS

that which proves the fact in dispute without the aid of any inference or presumption.

DIRECT EVIDENCE

the proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence.

CIRCUMSTANCIAL EVIDENCE

that which affords the greatest certainty of the fact in question

PRIMARY EVIDENCE OR BEST EVIDENCE

that which is necessarily inferior to primary evidence and shows on its face that better evidence exists

SECONDARY EVIDENCE

evidence that affirms the occurrence of an event or existence of a fact, as when a witness declares that there was no fight which took place

POSITIVE EVIDENCE

when the evidence denies the occurrence of an event or existence of a fact, as when the accused presents witnesses who testify that the accused was at their party when the crime was committed. Denials and alibi are negative evidences

NEGATIVE EVIDENCE

may either be that which the law does not allow to be contradicted as in judicial admissions or that the effect of which overwhelms any evidence to the contrary as the DNA profile of a person as the natural father over a denial.

CONCLUSIVE EVIDENCE

that which, standing alone and uncontradicted, is sufficient to maintain the proposition affirmed. In the eyes of the law it is sufficient to establish a fact until it has been disproved, rebutted or contradicted or overcome by contrary proof.

PRIMA FACIE

additional evidence of the same kind bearing on the same point.

CUMULATIVE EVIDENCE

additional evidence of a different kind or character but tending to prove the same point. It is evidence which confirms or supports.

CORROBORATIVE EVIDENCE

the character or quality which any material must necessarily possess for it to be accepted and allowed to be presented or introduced as evidence in court.

ADMISSIBILITY

evidence that will acquit/ exonerate/ establish the innocence of the accused.

EXCULPATORY

evidence that which tend to establish the guilt of the accused.

INCRIMINATING/INCRIMINATORY

evidence consisting the narration made by a witness under oath.

TESTIMONIAL EVIDENCE

that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence

PRIMA FACIE EVIDENCE

that which is incontrovertible; evidence that when received, the law does not allow to be contradicted.

CONCLUSIVE EVIDENCE

that which has a tendency in reason to establish the probability or improbability of a fact in issue; materiality has been used interchangeably with relevancy

RELEVANT EVIDENCE

evidence not excluded by law in a particular case

COMPETENT EVIDENCE

signifies that an offered witness is not qualified, under the rules of testimonial evidence

INCOMPETENT EVIDENCE

signifies that the offered evidence is excluded by some rule of evidence, no matter what the rule

INADMISSIBLE EVIDENCE

signifies that the offered evidential fact is directed to prove some probandum which is not properly in issue

IMMATERIAL EVIDENCE

that which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party.

REBUTTAL EVIDENCE

that which is addressed to the sense of the tribunal, as where objects are presented for the inspection of the court.

REAL OR OBJECT EVIDENCE

the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons

EXPERT EVIDENCE

is required only when the court has to resolve a question of fact.

EVIDENCE

It is the principle that states the rules of evidence apply equally in all courts and in all trials, unless the law or rules provide otherwise.

PRINCIPLE OF UNIFORMITY

It refers to a law that changes the rules of evidence to make it easier to convict a person after the crime was committed.

EX POST FACTO LAW

It is the labor tribunal in the Philippines where the strict technical rules of evidence are not binding.

NATIONAL LABOR RELATIONS COMMISSION

It refers to the type of evidence that the NLRC may accept even if submitted for the first time on appeal.

DOCUMENTS AND AFFIDAVITS

It is the type of proceeding where the NLRC is not bound by the formal offer of evidence required in regular judicial proceedings.

LABOR PROCEEDING

All facts having rational probative value are admissible unless some specific law or rule forbids. In short the evidence is not excluded by law or rules.

COMPETENCY

the principle which mandates that evidence obtained from an illegal arrest, unreasonable search or coercive investigation, or in violation of a particular law, must be excluded from the trial and will not be admitted as evidence.

THE EXCLUSIONARY RULE PRINCIPLE

facts or matters which are not in issue. They are not not generally allowed to be proven except when relevant.

COLLATERAL MATTERS

Collateral Matters are not generally allowed to be proven except when relevant.

TRUE

In general, collateral matters are not allowed as evidence.

TRUE

Collateral Matters are not allowed when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

FALSE

Refers to the act of the court in taking cognizance of matters as true or as existing without need of the introduction of evidence, or the authority of the court to accept certain matters as facts even if no evidence of their existence has been presented.

JUDICIAL NOTICE

Objects with readily identifiable marks or characteristics, making them easily distinguishable.

UNIQUE OBJECTS

Objects that may not have unique characteristics initially but are made unique through marking or other identification by law enforcement.

OBJECTS MADE UNIQUE

Objects without identifying marks or characteristics

NON UNIQUE OBJECTS

a method of authenticating evidence which requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be.

CHAIN OF CUSTODY RULE

evidence found at a crime scene in small but measurable amounts such as hairs, fibers, soils, botanical materials, explosive residue

TRACE EVIDENCE

A principle states that 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

PRINCIPLE OF CONTACT

it represents the real object evidence.

DEMONSTRATIVE EVIDENCE

Evidence will be excluded if it was gained in an illegal arrest, unreasonable search or coercive interrogation, or violation of a particular exclusionary law.

THE DOCTRINE OF THE FRUIT OF POISONOUS TREE

CLJ1 FINALS

Adrian Ramirez · 95問 · 2年前

CLJ1 FINALS