- 1. Objection to a question propounded in the course of the oral examination of a witness must be made as soon as the grounds therefor become reasonably apparent.
A) TRUE
B) MAYBE
C) FALSE
- 2. The grounds for the objections must not be specified.
A) maybe
B) true
C) false
- 3. When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall be necessary to repeat the objection, it being sufficient for the adverse party to record his or her continuing objection to such class of questions.
A) true
B) maybe
C) false
- 4. The ruling of the court must be given immediately before the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented;
A) false
B) maybe
C) true
- 5. but the ruling shall always be made before the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.
A) maybe
B) true
C) false
- 6. The reason for sustaining or overruling an objection need be stated.
A) maybe
B) true
C) false
- 7. However, if the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon
A) true
B) maybe
C) false
- 8. Should a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, or where a question is not objectionable, but the answer is not responsive, or where a witness testifies without a question being posed or testifies beyond limits set by the court, or when the witness does a narration instead of answering the question, and such objection is found to be meritorious, the court shall sustain the objection and order such answer, testimony or narration to will not be stricken off the record.
A) true
B) false
C) maybe
- 9. On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper.
A) false
B) maybe
C) true
- 10. If ___offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record.
A) documents or things
B) oral
C) object
- 11. If the evidence excluded is ___, the offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony.
A) documents or things
B) object
C) oral
- 12. In criminal cases, the party having the burden of proof must establish his or her case by a preponderance of evidence.
A) false
B) true
C) maybe
- 13. In determining where the ____ on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number.
A) preponderance or probability of evidence
B) preponderance or superior weight of evidence
C) probability or superior weight of evidence
- 14. In a criminal case, the accused is entitled to an acquittal, unless his or her guilt is shown beyond reasonable doubt.
A) true
B) maybe
C) false
- 15. Proof beyond reasonable doubt mean such a degree of proof as, excluding possibility of error, produces absolute certainty.
A) maybe
B) false
C) true
- 16. ____ only is required, or that degree of proof which produces conviction in an unprejudiced mind.
A) Moral certainty
B) Proof beyond reasonable doubt
C) Preponderance of evidence
- 17. extrajudicial confession made by an accused shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti.
A) true
B) false
C) maybe
- 18. Circumstantial evidence, when sufficient. sufficient for conviction if: except
A) The facts from which the inferences are derived are proven
B) There is more than one circumstance
C) Inferences cannot be based on other inferences
D) The combination of all the circumstances is not to produce a conviction beyond reasonable doubt
- 19. In any case where the opinion of an expert witness is received in evidence, the court has a wide latitude of discretion in determining the weight to be given to such opinion, and for that purpose may consider the following: except
A) Such other factors as the court may deem helpful to make such determination
B) Whether the witness has applied the principles and methods reliably to the facts of the case
C) Whether the opinion is based upon insufficient facts or data
D) Whether it is the product of reliable principles and methods
- 20. In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is not supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
A) maybe
B) true
C) false
- 21. The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. This power shall be exercised with caution.
A) maybe
B) true
C) false
- 22. When a motion is not based on facts not appearing of record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions
A) maybe
B) true
C) false
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