Cevide 2
  • 1. For evidence to be admissible, it must be:
A) Competent and credible
B) Material and voluntary
C) Relevant and competent
D) Relevant and material
  • 2. Collateral matters are admissible when they tend to:
A) Disprove all evidence
B) Confuse the issue
C) Support witness credibility only
D) Establish probability or improbability of a fact in issue
  • 3. Real evidence is also called:
A) Object evidence
B) Demonstrative evidence
C) Secondary evidence
D) Oral evidence
  • 4. Real evidence is considered
A) The highest order of evidence
B) Testimonial evidence
C) Circumstantial evidence
D) The weakest form of proof
  • 5. Testimonial evidence refers to:
A) Objects presented to the court
B) Statements given by witnesses under oath
C) Documentary proof
D) Circumstantial demonstration
  • 6. The “best evidence rule” requires
A) Presentation of the original document
B) Submission of any copy
C) Oral testimony of document contents
D) Hearsay testimony
  • 7. Parol evidence rule applies to:
A) Testimonies only
B) Electronic communications
C) Written contracts
D) Oral contracts
  • 8. Documentary evidence refers to
A) Written documents presented in court
B) Objects and materials
C) Oral declarations
D) Witness testimony
  • 9. The “Res inter alios acta” rule means
A) Admissions apply to all
B) Hearsay statements are valid
C) Acts of others cannot prejudice another
D) Confidential evidence is protected
  • 10. Admission by silence means:
A) Failure to deny implies consent
B) Only verbal admissions are valid
C) Silence is never an admission
D) Applies only to written statements
  • 11. The “Mercy Rule” allows an accused to:
A) Prove good moral character pertinent to the offense
B) Avoid cross-examination
C) Prove innocence by silence
D) Withhold testimony
  • 12. Privileged communication is based on
A) Common interest
B) Mutual understanding
C) Confidentiality and public policy
D) Lack of relevance
  • 13. Marital privilege applies:
A) Only if both spouses testify
B) Only before marriage
C) During or after marriage
D) Only if requested by prosecution
  • 14. Spousal immunity can be invoked:
A) After marriage
B) By any relative
C) Only while the marriage subsists
D) Before marriage
  • 15. Filial privilege prevents:
A) A child from testifying against parents
B) Priests from testifying
C) Parents from testifying against neighbors
D) Teachers from testifying
  • 16. The priest-penitent privilege protects:
A) Confessions made in confidence during religious discipline
B) Anonymous statements
C) Gossip about religious leaders
D) Public confessions
  • 17. Physician-patient privilege aims to:
A) Encourage full disclosure for treatment
B) Disallow expert witnesses
C) Protect hospital reputation
D) Prevent medical records in court
  • 18. The “Best Evidence Rule” is also called:
A) Hearsay rule
B) Competency rule
C) Parol rule
D) Original document rule
  • 19. Demonstrative evidence is admissible
A) Relevant and properly identified
B) Cited by counsel
C) Based on speculation
D) Emotional
  • 20. Dying declaration is admissible only if:
A) Made after survival
B) Written by another person
C) Made casually before death
D) Made in anticipation of death about its cause or circumstances
  • 21. A witness must be:
A) Neutral and quiet
B) Unavailable
C) Competent and legally qualified
D) Authorized by both parties
  • 22. A competent witness is one who:
A) Can perceive, recollect, and communicate
B) Can read and write
C) Is intelligent only
D) Is related to the accused
  • 23. Confession refers to:
A) Declaration against interest
B) Privileged statement
C) Testimony about another’s guilt
D) Recognition of guilt in a criminal case
  • 24. Judicial admission is:
A) Statement made to police
B) Admission made in casual conversation
C) Out-of-court statement
D) Admission made in court pleadings
  • 25. An “extra-judicial admission” is:
A) Confession under oath
B) Admission made out of court
C) Statement by a judge
D) Testimony made in trial
  • 26. The rule of competency allows:
A) No minors as witnesses
B) Only police officers to testify
C) Only victims to testify
D) Any legally qualified person to testify
  • 27. Expert witnesses may testify if:
A) They have personal knowledge
B) They have special knowledge or skill
C) They are court employees
D) They are relatives
  • 28. DNA evidence is evaluated based on
A) Proper collection, handling, and analysis
B) Source reliability only
C) Age of samples
D) Court preference
  • 29. A confession is valid even if:
A) Made under torture
B) Oral or informal
C) Forced
D) Anonymous
  • 30. The “totality of circumstances” test evaluates:
A) The certainty and reliability of witness identification
B) Public opinion
C) Strength of documents
D) Quantity of witnesses
  • 31. Hearsay evidence is generally:
A) Inadmissible unless covered by exceptions
B) Always admissible
C) Allowed if written
D) Based on rumor
  • 32. The rule against hearsay aims to:
A) Admit all statements
B) Exclude unreliable secondhand statements
C) Support confessions
D) Shorten the trial
  • 33. An example of hearsay exception is
A) Cross-examination
B) Dying declaration
C) Opinion testimony
D) Character evidence
  • 34. An admission made under oath in another case is called:
A) Extra-judicial admission
B) Confession
C) Privileged declaration
D) Judicial admission
  • 35. A confession obtained through coercion is:
A) Considered documentary evidence
B) Valid if recorded
C) Inadmissible
D) Acceptable
  • 36. Character evidence is generally inadmissible to
A) Show motive
B) Indicate intent
C) Support credibility
D) Prove conduct on a specific occasion
  • 37. The "chain of custody" ensures:
A) Admissibility of confessions
B) Integrity of physical evidence
C) Speedy trial
D) Witness credibility
  • 38. A hostile witness is one who:
A) Shows bias or hostility toward the party calling him
B) Refuses to testify
C) Lies under oath
D) Lacks knowledge
  • 39. The burden of proof lies with:
A) The defense
B) The prosecution
C) The witness
D) The judge
  • 40. The quantum of proof in criminal cases is:
A) Preponderance of evidence
B) Proof beyond reasonable doubt
C) Probable cause
D) Substantial evidence
  • 41. The rule that requires the original document to be presented is:
A) Res Inter Alios Acta
B) Parol Evidence Rule
C) Best Evidence Rule
D) Hearsay Rule
  • 42. A statement made in anticipation of death is
A) Dying Inside to Hold you
B) Judicial declaration
C) Dying Declaration
D) Admission
E) Confession
  • 43. A person who gives evidence in court is called:
A) Judge Nono
B) Witness
C) Expert
D) Complainant
E) Judge
  • 44. The ability of a witness to observe and communicate is called:
A) Intelligence
B) Reliability
C) Competency
D) Credibility
  • 45. The rule preventing the use of oral statements to modify a written contract is:
A) Hearsay Rule
B) Parol Evidence Rule
C) Best Evidence Rule
D) Res Inter Alios Acta
  • 46. A privilege preventing testimony between husband and wife is called:
A) Marital Privilege
B) Priest Privilege
C) Parental Privilege
D) Physician Privilege
  • 47. The privilege protecting communications between doctor and patient is:
A) Marital Privilege
B) Physician-Patient Privilege
C) Client-Lawyer Privilege
D) Parental Privilege
E) Professional Privilege
  • 48. The privilege that protects religious confessions is:
A) Priest-Penitent Privilege
B) Spousal Privilege
C) Doctor-Patient Privilege
D) Teacher-Student Privilege
E) Spiritual Privilege
  • 49. The rule stating that the acts of others cannot prejudice a person is:
A) Res Inter Alios Acta Rule
B) Parol Evidence Rule
C) Hearsay Rule
D) Best Evidence Rule
E) Exa Sec To
  • 50. The rule allowing statements made against one’s own interest to be admissible is:
A) Parol rule evidence
B) Admission by Silence
C) Declaration Against Interest
D) Dying against declaration
E) Opinion Rule
  • 51. Collateral matters are never admissible.
A) False
B) True
C) Maybe
  • 52. A confession can be oral or written.
A) True
B) Maybe
C) False
  • 53. The original document rule is the same as the best evidence rule.
A) Maybe
B) True
C) False
  • 54. Privileged communications promote public policy and confidentiality.
A) Maybe
B) False
C) True
  • 55. Hearsay evidence is generally admissible.
A) Maybe
B) False
C) True
  • 56. An oath is required for every witness before testifying.
A) Maybe
B) True
C) False
  • 57. A dying declaration must relate to the cause or circumstances of death.
A) False
B) Maybe
C) True
  • 58. Expert witnesses must rely only on personal knowledge
A) Maybe
B) False
C) True
  • 59. Spousal immunity can still apply after divorce.
A) Maybe
B) False
C) True
  • 60. Do you think my greatest love shall be mine again?
A) Gusto may mag mahal pero ayaw mag move on aray mo! Alam mo ha
B) Wala na tol wag kana umasa
C) Depende
D) Yes comback
E) No comback
  • 61. which of the following is considered a public or official record under Rule 130?
A) A company's internal memo
B) a birth certificate issued by the local by the local civil registrar
C) an email exchange between private citizens
D) personal diary
  • 62. what does the "mercy rule" generally refer to in the context of character evidence of a victim's good character.
A) The rule allowing evidence of a witness's merciful nature.
B) the rule allowing the evidence of a defendant's good character to show they are unlikely to have committed the crime
C) the rule allowing evidence of a defendant's good character to show they are unlikely to have committed the crim The rule prohibiting any character evidence in court
D) The rule prohibiting any character evidence in court
  • 63. What is the primary characteristic of "character as circumstantial evidence
A) It is only used to impeach a witness.
B) It is always inadmissible in court.
C) It suggests a person acted in a certain way based on their general disposition.
D) It directly proves a key fact in the case.
  • 64. Which of the following best describes the "res inter alios acta rule"
A) Evidence related to transactions or occurrences involving third parties is generally inadmissible.
B) Only documentary evidence is subject to this rule.
C) Evidence is admissible only if it directly involves the parties in the current case.
D) All evidence, regardless of its source, is admissible as long as it is relevant.
  • 65. What is the significance of "learned treatises" in legal evidence?
A) They are always admissible as direct evidence.
B) They can be used to cross-examine expert witnesses.
C) They are never admissible in court.
D) They are only relevant in medical malpractice cases
  • 66. When is "opinion rule" applicable in court?
A) All of the above
B) When a witness speculates without factual basis.
C) When an expert witness provides scientific or technical opinions.
D) When a lay witness offers opinions based on common knowledge.
  • 67. What is the primary purpose of the "reported testimony rule"
A) To allow hearsay evidence without any limitations.
B) To encourage witnesses to report crimes.
C) To permit the use of testimony given in a prior proceeding under certain conditions
D) To exclude all prior testimonies from being admitted in court.
  • 68. Which of the following scenarios involves "character as direct evidence"?
A) Offering evidence of a person's character when character is an essential element of a claim or defense.
B) Introducing evidence of a defendant's violent tendencies to suggest they committed assault.
C) Showing a person's reputation for recklessness to prove negligence.
D) Presenting evidence of a person's honesty to show they are a credible witness.
  • 69. What types of records are typically covered under "public or official records"
A) Private contracts between individuals
B) Internal memos of a private company.
C) Government agency documents available for public inspection.
D) Personal letters stored in a government archive.
  • 70. What is a "commercial list" as it pertains to evidence?
A) A list of items sold in a store.
B) A catalog of products for sale online.
C) A list of businesses registered with the government.
D) A compilation of data used in a specific industry.
  • 71. 1.
    Which of the following is considered a public document?
A) A document acknowledged before a notary, excluding wills and testaments
B) A document acknowledged before a notary, excluding wills and testaments
C) A handwritten letter between two individuals
D) A grocery list kept in personal records
E) A private diary entry
  • 72. 2.
    Public documents include:
A) Records of official acts by foreign countries’ sovereign authorities
B) Private records not required by law to be entered as public records
C) Records of official acts by foreign countries’ sovereign authorities
D) Personal letters exchanged between friends
E) Unacknowledged documents between private parties
  • 73. : Proof of Private Documents

    3.
    Before a private document can be admitted as evidence, due execution and authenticity must be proved by:
A) Only the document creator
B) Anyone who saw the document created or signed
C) notary public
D) The court judge
E) Anyone who saw the document created or signed
  • 74. 4.
    Which of the following is NOT a valid method to prove a private document’s authenticity?
A) Notarization of the document by an attorney
B) Evidence establishing that the document is genuine and free from suspicion
C) Notarization of the document by an attorney
D) Testimony from someone who saw the document created
E) Testimony from an individual who recognizes the signature or handwriting
  • 75. 5.
    Additional evidence of authenticity is not required for a private document if:
A) It was found in a government office
B) It was sent by registered mail
C) It was signed in front of a notary public
D) A.      It is over 30 years old and found in the place it would naturally be kept
E) A. It is over 30 years old and found in the place it would naturally be kept
  • 76. 6.
    A private document may not require additional proof of authenticity if:
A) C. It has remained in its usual place for over 30 years without suspicion of tampering
B) It has been altered in any way
C) It was signed by an unknown individual
D) It has been lost for more than 30 years
E) It has remained in its usual place for over 30 years without suspicion of tampering
  • 77. 7.
    The genuineness of handwriting may be proved by:
A) Any witness who has seen the person write before
B) Any witness who has seen the person write before
C) A certified handwriting analyst
D) Only the person whose handwriting it is
E) A government official
  • 78. 8.
    Which of the following can establish a witness’s knowledge of handwriting?
A) Having read similar documents before
B) Watching the person write on multiple occasions and becoming familiar with it
C) Comparing the handwriting with an unrelated sample
D) Seeing the person write only once
E) Watching the person write on multiple occasions and becoming familiar with it
  • 79. 9.
    In court, public documents are considered:
A) Secondary evidence needing corroboration
B) Private evidence needing verification
C) Prima facie evidence of stated facts
D) Prima facie evidence of stated facts
E) Inadmissible unless notarized
  • 80. 10.
    For foreign public records to be admissible in Philippine courts, they must be:
A) Accompanied by a seal of the foreign country
B) Certified by an embassy or consul if there’s no treaty
C) Certified by an embassy or consul if there’s no treaty
D) Notarized within the Philippines
E) Verified by at least two witnesses
  • 81. 11.
    An attestation of a copy must state:
A) The copy is an accurate copy of the original or specific part
B) That the copy is certified by the Supreme Court
C) The copy is an accurate copy of the original or specific part
D) The copy is a public document
E) None of the above
  • 82. 12.
    Who is authorized to provide the attestation of a document?
A) The officer with legal custody of the document or their deputy
B)   The head of a department
C) Any individual who has access to the document
D) A private individual designated by the parties involved
E) The officer with legal custody of the document or their deputy
  • 83. 13.
    A public record may be removed from the office in which it is kept:
A) If there’s a pending court case requiring its inspection
B) Only with permission from the president
C) When the office is undergoing renovations
D) If there’s a pending court case requiring its inspection
E) For personal inspection by the document owner
  • 84. 14.
    Who is authorized to prepare a public record of a private document?
A) A private notary
B) Any court officer
C) An authorized public official
D) Any individual who owns the document
E) An authorized public official
  • 85. 15.
    Why might a private document be entered as a public record?
A) To allow easy access to the public
B) To provide prima facie evidence of its authenticity in legal proceedings
C) To fulfill a requirement by private individuals
D) To make it available for historical records
E) To provide prima facie evidence of its authenticity in legal proceedings
  • 86. 16. In which of the following cases can a party present evidence to modify, explain, or add to a written agreement?
A) If there is a verified pleading showing ambiguity, mistake, or failure to express intent.
B) If the agreement is more than five years old.
C) If one party changes their mind about the agreement terms
D) If there is a verified pleading showing ambiguity, mistake, or failure to express intent.
E) If the agreement has been signed by both parties.D. If the agreement is more than five years old.
  • 87. 17. According to the legal meaning rule, how should the language of a writing be interpreted?
A) According to the location where it was executed, unless intended otherwise.
B) According to the strictest legal definition possible.
C) According to the most common understanding of the terms.
D) According to the intention of the parties, regardless of location.
E) According to the location where it was executed, unless intended otherwise.
  • 88. 18. When an instrumet has multiple provisions or particulars, how should it be construed?
A) By prioritizing the first provision.
B) By asking the parties to clarify the meaning
C) By giving effect to all provisions, if possible.
D) By giving effect to all provisions, if possible.
E) By ignoring any contradictory provisions.
  • 89. 19. How should conflicting general and particular provisions in an instrument be interpreted?
A) The general provisions should always prevail.
B) The court should disregard both provisions.
C) The particular provisions should always prevail.
D) The particular provisions should always prevail.
E) The general intent of the document should be rewritten
  • 90. 20. How should a document be interpreted in relation to the circumstances of its creation?
A) Without regard to any external factors.
B) Only by the literal meaning of the words used.
C) By considering the situation of the subject and the parties.
D) By considering the situation of the subject and the parties.
E) According to the personal preferences of the judge.
  • 91. 21. If terms in a document have a peculiar signification, how should they be interpreted?
A) According to their technical or special meaning, if known by the parties.
B) Based on the judge’s interpretation alone.
C) According to their technical or special meaning, if known by the parties.
D) By disregarding any peculiar or technical significance.
E) According to their primary and general meaning only.
  • 92. 22. When an instrument contains contradictory terms, which should be preferred?
A) The term that aligns with the intent of one party.
B) The term that appears first.
C) The latter of the two terms
D) The term with the most support from outside evidence.
E) The latter of the two terms.
  • 93. 23. When might experts or interpreters be needed to explain a written instrument?
A) When it contains legal jargon only.
B) When it is written in ordinary language.
C) When both parties request an interpreter.
D) When it is difficult to decipher or in an unfamiliar language
E) When it is difficult to decipher or in an unfamiliar language.
  • 94. 24.If an agreement term is understood differently by each party, which interpretation should prevail?
A) The interpretation most beneficial to the party in breach of the agreement.
B) The interpretation most favorable to the party for whom the provision was made.
C) The interpretation most favorable to the party for whom the provision was made.
D) The interpretation least favorable to the party who proposed the term.
E) The interpretation that both parties initially agreed upon.
  • 95. What are the four conditions required for a litigant to produce evidence in court?
A) Existence, termination, power, and loss
B) Authenticity, reliability, credibility, and weight
C) Relevance, materiality, admissibility, and competency
D) Personal knowledge, perception, recollection, and narration
  • 96. What are the three channels through which tribunals acquire information for their decisions?
A) Witnesses, documents, and inspection
B) Pleadings, motions, and evidence
C) Testimony, exhibits, and arguments
D) Investigations, trials, and appeals
  • 97. What is the highest order of evidence?
A) Documentary evidence
B) Real evidence
C) Testimonial evidence
D) Circumstantial evidence
  • 98. How is a photograph typically authenticated?
A) By the photographer's testimony
B) By a witness who can identify the subject
C) By comparing it to other photographs
D) By a forensic expert's analysis
  • 99. What is the "totality of circumstances" test used for?
A) Evaluating the weight of evidence
B) Identifying the perpetrator of a crime
C) Assessing the credibility of a witness
D) Determining the admissibility of evidence
  • 100. What is the purpose of an ocular inspection?
A) To identify the accused
B) To verify the authenticity of evidence
C) To determine the cause of death
D) To examine the crime scene
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