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