問題一覧
1
What are the order of examination of an individual witness?
DIRECT EXAMINATION CROSS EXAMINATION RE-DIRECT EXAMINATION RE-CROSS EXAMINATION
2
The examination in chief of a witness by the party presenting him.
DIRECT EXAMINATION
3
The examination of a witness by the adverse party.
CROSS EXAMINATION
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Who will conduct the examination in Cross Examination?
THE DEFENSE COUNSEL
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Who examine the witness in Direct examination?
THE PARTY PRESENTING OR THE PROSECUTOR
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It is the re examination of a witness by the party calling him to explain or supplement his answers given during the cross examination.
RE-DIRECT EXAMINATION
7
Re-direct exam will not happen without?
THE RE-DIRECT EXAMINATION WILL NOT HAPPEN WITHOUT CROSS EXAMINATION BECAUSE DURING THE RE-DIRECT EXAMINATION THE WITNESS FROM CROSS EXAMINATION WILL BE CALLED TO EXPLAIN HIS/HER ANSWERS.
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The re-examination of witness by the adverse party to explain or supplement hos answers given during the re-direct examination.
RECROSS EXAMINATION
9
What is recalling of witness?
Recalling of witness is done when after the examination by both sides has been concluded the witness is recalled for clarifications.
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What is the General Rule for Recalling of Witness?
The General Rule for Recalling of Witness is that after the examination of a witness by both sides has been concluded the wintess cannot be recalled.
11
What are the exceptions to the General Rule of Recalling of Witness?
Recalling of a witness by be allowed: 1.IF IT IS DONE WITH LEAVE OF COURT 2.AS THE INTEREST OF JUSTICE MAY REQUIRE
12
Why cross examination is the most important examination?
CROSS EXAMINATION IS THE MOST IMPORTANT BECAUSE IT IS AN ABSOLUTE RIGHT, NOT A MERE PRIVILEGE OF A PARTY OF WHOM HE IS CALLED. ALSO, TO DIMINISH THE HEARSAY.
13
What if during direct examination the witness died what will happen to his testimony?
The witness testimonies will be REMOVE.
14
What if after Direct examination and Cross examination the witness died what will happen to his testimony?
The witness testimony will REMAIN IN THE RECORD because the cross examination was already made.
15
What is a Leading Question?
It is a question which suggest to the witness the answer which the examining party desires. It is answerable by yes or no.
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Example of Leading Question
Normal Question: WHERE WERE YOU ON FEBRUARY 23rd? Leading Question:. ON FEBRUARY 23RD IS IT TRUE THAT YOU STAB ABUNDIO IN THE NECK IN NORSU AT 6:00PM?
17
Leading witness allowed on what examination?
CROSS EXAMINATION PRELIMINARY MATTERS UNWILLING OR HOSTILE WITNESS
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What is a misleading question?
It is a question which assume as true fact not yet testified to by the witness, or contrary to what he has previously stated.
19
What are Child Witness Examination Rule
1. EVERY CHILD IS PRESUMED QUALIFIED TO BE A WITNESS 2.THE COURT MAY ALLOWED LEADING QUESTIONS IN ALL STAGES OF EXAMINATION OF THE CHILD IF THE SAME WILL FURTHER THE INTEREST OF JUSTICE
20
What is sexual abuse shield rule?
It the right of any minor to be protected from sexual abuse even if she is a prostitute.
21
What is public document?
Public document is any document acknowledge before a notary public except LADT WILL AND TESTAMENT
22
Difference between public doc and private doc?
Public document does not need authentication to be admissible as evidence while Private Document needa authentication to be admissible in court.
23
When must objection to evidence be made?
1. ORALLY- IMMEDIATELY AFTER the offer is made. 2.QUESTION- AS SOON AS THE GROUND THEREFORE SHALL BECOME "REASONABLY APPARENT" right after the question is made. 3.WRITING-WITHIN 3 DAYS AFTER NOTICE OFFER UNLESS DIFFERENT PERIOD IS ALLOWED BY THE COURT.
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These are question that js allowed to be ask to witness who's unwilling to testify
LEADING QUESTIONS
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It is one who testifies on material matter unfavorable to the party presenting him.
HOSTILE WITNESS
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Non expert witness may give opinion to the following
HIM HANDWRITING OF A PERSON IDENTITY OF A PERSON MENTAL SANITY
27
Can yous still submit a rejected police blotter?
YES, AS TENDER OF EXCLUDED EVIDENCE
28
When to object to a question propounded in the course of oral examination of a witness?
REASONABLY APPARENT
29
Notarized last will and testament will always be what document?
PRIVATE DOCUMENT
30
Tye opinion of a witness on a matter requiring special knowledge, skill, experience or training
OPINION OF EXPERT WINTESS
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The opinion of a witness for which proper basis is given, may be received in evidence regarding(HIM)
OPINION OF ORDINARY WITNESS