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EVIDENCE PRELIM
Contributed by: Cabanillas
  • 1. Which of the following is an example of law enforcement agency?
A) POLICE
B) All of this
C) NBI
D) CIDG
  • 2. Which of the following is not admissible in evidence?
A) Testimony of the brother of the victim of physical injuries as to how his brother was mauled
B) Testimony of X about what Y told her about how A was killed
C) Testimony of a 5 year child
D) Testimony of a deaf person about what he saw us to who killed the victim
  • 3. Which of the following is the most important evidence for the crime of murder?
A) Testimony of a witness regarding the character of the accused
B) Testimony regarding the suffering of the victims family
C) Testimony of an eye witness as to the manner of the killing of the victim
D) Testimony about the character of the victim
  • 4. The rules on evidence are provided for in the:
A) Supreme court manuel
B) Trial manual
C) Rules of court
D) Constitution
  • 5. An autopsy report on the cost of the death of the victim is an example of:
A) Documentary evidence
B) Real evidence
C) Testimonial evidence
D) Object evidence
  • 6. The evidence to be gathered must be:
A) Sufficient to prove every element of the crime
B) Enough to create suspicion
C) Sufficient to point to suspect
D) Enough to justify filing of a case
  • 7. Which is the superior law?
A) Rules of court
B) the civil code
C) Revised penal code
D) Constitution
  • 8. After the discovery or report of the commission of crime, what does a law enforcement agency do?
A) Search for evidence
B) Conduct interviews
C) File a case
D) Report the case
  • 9. the materials and information for conviction of accused refer to:
A) Affidavits
B) Witnesses
C) Testimonies
D) Evidence
  • 10. Which of the following pillars of the criminal justice system has the duty to provide the prosecution with the materias and information necessary in order to support convictio?
A) the courts
B) the department of justice
C) the community
D) Law enforcement
  • 11. Testimonies of witnesses to be given In judicial trial should be based on:
A) reported information
B) personal knowledge
C) revelations
D) relayed information
  • 12. the declaration of the accused acknowledging his guilt of the offense charge
A) admission
B) confession
C) estoppel
D) declaration
  • 13. it is known as autistic evidenc, addressed or made known to the senses of the court
A) documentary evidence
B) competent evidence
C) Real evidence
D) testimonial evidence
  • 14. it refers to an evidence which is not excluded in a certain case
A) real evidence
B) documentary evidence
C) competent evidence
D) material evidence
  • 15. it refers to the statements made by the litigants in a proceeding
A) testimony
B) presumption
C) declaratios
D) allegations
  • 16. evidence gathered through means not allowed or prohibited by the law are known as:
A) discarded evidence
B) illegal evidence
C) excluded evidence
D) fruit of the poisonous tree
  • 17. the rules of evidence found in rules 128-133 of the rules of Court are applicable principally only in:
A) administrative hearins
B) judicial trial
C) other tribunals
D) quasi-judicial hearings or bodies
  • 18. a kind of evidence when the statement of a police officer or of any other witness is given in open court
A) real evidence
B) testimonial evidence
C) documentary evidence
D) oral evidence
  • 19. the truth which has been established after a judicial trial based on the quantum of evidence required by law
A) real or actual truth
B) judicial or legal truth
C) factum probandum
D) proposition
  • 20. it means sanctioned by the rules to ascertain the truth respecting matter of fact
A) indictment
B) testimony
C) proof
D) evidence
  • 21. the rules of evidence may be applied retroactively because there is no vested rights in evidence
A) this is incorrect because laws apply only Prospectively
B) this is correct because this does not contrivance the rules
C) this is correct unless such will result to ex post facto law
D) this is correct because this is provided by the rules of court
  • 22. a piece of evidence which is tangible or is able of demonstration or observatio by the senses of the court is known as:
A) object or real evidence
B) Tangible evidence
C) Material evidence
D) Demonstrative evidence
  • 23. It is that degree of proof which produces conviction in an unprejudiced mind
A) Conclusive certainty
B) Convincing certainty
C) Absolute certainty
D) Moral certainty
  • 24. How is the presumption of innocence in favor of the accused overcome
A) By convincing evidence of accused guilt
B) By preponderance of evidence of accused guilt
C) By proof of accused guilt beyond reasonable doubt
  • 25. If an evidence was gathered in violation of the right of the accused against self incrimination, such evidence will be:
A) Excluded being detrimental to fair play
B) Excluded being unfair
C) Excluded being a fruit of the poisonous tree
D) None of these
  • 26. The testimony of a witness an open court or in a form of judicial affidavit or deposition is classified as what kind of evidence?
A) Personal knowledge
B) Testimonial evidence
C) Declarative evidence
D) Despositive evidence
  • 27. When does the presumption of innocent end?
A) Until indictment
B) Until trial
C) Until charge of an offense
D) Until proven otherwise beyond reasonable doubt
  • 28. Proof beyond reasonable doubt means
A) Conclusive certainty
B) Convincing certainty
C) Absolute certainty
D) Moral certainty
  • 29. A person charge of an offense but has no means to secure the service of a council or lawyer for his defense will be provided free legal assistance
A) This is correct because the right to adequate legal assistance is a constitutional
B) All of these are correct
C) This is correct because of presumption of innocence
D) This is correct because this is part of due process
  • 30. The word magistrate refers to:
A) The public attorney
B) None of these
C) the prosecutor
D) A judge or justice
  • 31. Evidence which is not excluded by law is:
A) Material evidence
B) Prima facie evidence
C) Competent evidence
D) Relevant evidence
  • 32. This evidence refers to evidence which can stand alone to support conviction unless rebutted
A) Competent evidence
B) Material evidence
C) Prima facie evidence
D) Rebuttal evidence
  • 33. Evidence which affirms a fact in issue
A) rebuttal evidence
B) Positive evidence
C) Corroborative evidence
D) Demonstrative evidence
  • 34. It is evidence having any value in reason as tending to prove any matter probable in action
A) Relevant evidence
B) Direct evidence
C) Prima facie evidence
D) Competent evidence
  • 35. This kind of evidence is in controvertible
A) Rebutting evidence
B) Conclusive evidence
C) Prima facie evidence
D) Primary evidence
  • 36. The testimony of a witness should be based on:
A) Perception
B) Relayed information
C) Observation
D) Personal knowledge
  • 37. That is the money of juan possessing knowledge not usually acquired by other persons
A) Best evidence
B) Conclusive evidence
C) Demonstrative evidence
D) Expert evidence
  • 38. This evidence refers to avermens given in court by the witness
A) Positive evidence
B) Testimonial evidence
C) Demeanor evidence
D) Character evidence
  • 39. It is evidence that which the law regards as according the greatest certainty
A) Secondary evidence
B) Prima facie evidence
C) Positive evidence
D) Primary evidence
  • 40. This evidence proves the fact in issue without aid of inference or presumptions
A) Competent evidence
B) Positive evidence
C) Direct evidence
D) Prima facie evidence
  • 41. It refers to the examination before a competent tribunal of the facts in issue in a case, to determine the truth of such issue
A) Evidence collection
B) Trial
C) Reception of evidence
D) Presentation of evidence
  • 42. When a person declares that he does not know whether the accused was at the scene of the crime, such is what kind of evidence?
A) Negative evidence
B) Controverting evidence
C) Rebuttal evidence
D) Denial
  • 43. It is the factual dispute between the litigants
A) Question of law
B) Question of credibility
C) None of these
D) Question of fact
  • 44. The officer who presides over a trial is:
A) Attorney general
B) Prosecutor
C) Solicitor
D) Judge
  • 45. A point of fact is also known as:
A) A question of fact
B) A question of evidence
C) A question of guilt
D) A question of law
  • 46. The ones who are the first respondents in case of the commission of a crime are:
A) The victims
B) The community
C) The prosecution
D) Law enforcers
  • 47. This is answered by applying relevant legal questions
A) Question of admissibility
B) Question of law
C) Question of fact
D) Question of credibility
  • 48. The roles of evidence are found in:
A) None of these
B) Rules 110-127 of the rules of court
C) The rules 128-133 of the rules of court
D) Article 114-365 of the revised penal code
  • 49. Evidence helps in the:
A) Determination of the guilt of the accused
B) Determination of the admissibility of evidence
C) Determination of the questions of law
D) Determine of the questions of facts
  • 50. Through the determination of question of facts, the judge:
A) Re-enacts the events that resulted in the commission of the crime
B) Reconstructs the chain of event of the anatomy of a crime
C) None of these
D) Reconciles the circumstances of the parties involve in the commission of the crime
  • 51. Propositions of law are:
A) Factum probans
B) Charge
C) Factum probandum
D) Allegations
  • 52. " robbery was made through force upon things" this is an example of:
A) Factum probandum
B) Factum probans
C) Charge
D) Claim
  • 53. "Destroyed locks indicative of force upon things" this is an example of:
A) Factum probandum
B) Factum probans
C) Claim
D) Charge
  • 54. It refers to the ultimate facts to be proven
A) Allegation
B) Charge
C) Factum probandum
D) Factum probans
  • 55. The outcome of every trial is determined by propositions of the law and:
A) Questions of law
B) Charge
C) Corpus delicti
D) Questions of fact
  • 56. " exit once are in front indicating that he victim was shot at the back, " this is an example of:
A) Fact
B) Claim
C) Factum probans
D) Factum probandum
  • 57. These refer to evidentiary fact
A) Factum probans
B) Evidence
C) Support
D) Factum probandum
  • 58. " murder was committed through treachery. " this is an example of:
A) Charge
B) Claim
C) Indictment
D) Factum probandum
  • 59. The guilt of the accused is determined if it was proven beyond reasonable doub t that a crime was indeed committed
A) True, because there is presumption of innocence in favor of the accused which can only be overturned by proof beyond reasonable doubt
B) False, because it must also be proven likewise beyond reasonable doubt that the crime must committed by no other but the accused
C) True, because proof behind reasonable doubt is degree of proof required in criminal cases
D) All of these are true
  • 60. "X is guilty of homicide making him guilty for homicide" this is another example of:
A) Factum probandum
B) Charge
C) Indictment
D) Factum probans
  • 61. The rules on evidence shall be construed to secure fairness in administration of justice. ' construe' means
A) To determine
B) To consider
C) To interpret
D) To apply
  • 62. Truth is best determine under an adversary system of justice. Which of the following may describe and adversarial system of justice?
A) None of these
B) It assures the advantage for the prosecution to protect the innocent
C) It provides the way out for he accused to be acquitted
D) It uses a competitive process between prosecution and defense to determine the facts.
  • 63. It refers to the means to arrive at a conclusion
A) Support
B) Material for trial
C) Evidence
D) Proof
  • 64. It is the result of introducing evidence
A) Admission
B) Proof
C) Presumption
D) Conviction
  • 65. Every evidence is admissible
A) All of these are correct
B) False, because evidence must be wait first by the court to be admissible
C) false, because regardless of its nature, evidence requires certain processes of presentation for admissibility
D) False, because evidence may be denied admission by the court based on its discretion
  • 66. Lawyers may also prevericate. ' prevaricate' means:
A) To speak annoyingly
B) To speak loudly and haphazardly
C) To speak falsely or misleadingly; deliberately mistake or create an incorrect impression;lie
D) To speak convincingly
  • 67. Some witnesses may distort the truth."distort " means:
A) To cover up certain faults
B) To lie openly
C) To portray a clear flow of events
D) To give a misleading or false account or impression
  • 68. The opposite of the adversarial system of justice is
A) Positivist system of justice
B) Procedural system of justice
C) Prosecutorial system of justice
D) Inquisitorial system of justice
  • 69. Some judges have their built in prejudices. 'prejudices' means:
A) An unfair feeling of dislike for a person or group because of race, sex, religion, etc
B) The cavalier attitude due to superior knowledge
C) The superior feeling of being know it all
D) the lackadaisical air or attitude on issues
  • 70. Lawyers may exaggerate showing their biases. To exaggerate means to:
A) To make something as clearly and believable as possible
B) To explain clearly and persuasively
C) To make something seem larger, more important, better, or worse than it really is
D) All of these
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