McQ CLJ 5 EVIDENCE
  • 1. What is evidence under Rule 128?
A) The means sanctioned by the Rules of ascertaining truth respecting a matter of fact in a judicial proceeding
B) Any information a party wants to present
C) Only physical objects
D) Only testimony given by a witness
  • 2. When is evidence admissible?
A) Whenever a party offers it
B) Only when it is documentary
C) When it is popular and persuasive
D) When it is relevant to the issue and not excluded by the Constitution, law, or Rules
  • 3. What is the general rule on relevancy?
A) Only expert evidence is relevant
B) Only documentary evidence is relevant
C) Evidence must relate to the fact in issue
D) All evidence is relevant
  • 4. Evidence on collateral matters is generally:
A) Always required
B) Conclusive
C) Not allowed unless it reasonably tends to establish probability or improbability of the fact in issue
D) Always admissible
  • 5. Which is object evidence?
A) A judicial admission
B) A physical object relevant to the fact in issue
C) A witness's opinion
D) A pleading
  • 6. Documentary evidence under the amended rules includes:
A) Only public records
B) Only contracts
C) Writings, recordings, photographs, or materials containing letters, words, sounds, numbers, figures, symbols, or equivalents offered to prove contents
D) Only handwritten documents
  • 7. The Original Document Rule generally applies when the subject of inquiry is:
A) The credibility of a judge
B) The identity of counsel
C) The contents of a document
D) The character of a witness
  • 8. Which is an exception to the Original Document Rule?
A) The original has been lost or destroyed without bad faith by the offeror
B) The party simply prefers a photocopy
C) The document is inconvenient to carry
D) The witness forgot the original
  • 9. If the original is under the control of the adverse party and is not produced after reasonable notice, the rule may permit:
A) Secondary evidence as allowed by the Rules
B) Character evidence
C) Automatic dismissal
D) Judicial notice
  • 10. The Original Document Rule may allow proof of a general result when originals consist of:
A) A single photograph
B) One short letter
C) Numerous accounts or documents that cannot be examined without great loss of time
D) A witness statement
  • 11. A public record in the custody of a public officer may fall under:
A) The privilege rule
B) The character rule
C) An exception to the Original Document Rule
D) The opinion rule
  • 12. Under Rule 129, a court shall take judicial notice of:
A) Any rumor
B) Any fact requested by counsel
C) Matters specifically made mandatory by the Rules
D) Every allegation in a complaint
  • 13. Which is subject to mandatory judicial notice?
A) A disputed witness statement
B) A newspaper editorial
C) A party's private opinion
D) The political Constitution and history of the Philippines
  • 14. A court may take discretionary judicial notice of matters that are:
A) Merely alleged
B) Secret
C) Public knowledge, capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions
D) Always disputed
  • 15. During pre-trial or trial, before taking judicial notice, the court shall:
A) Hear the parties on the propriety of taking judicial notice
B) Dismiss the case
C) Require a jury vote
D) Automatically grant it
  • 16. A judicial admission made by a party in the course of proceedings in the same case:
A) Requires expert proof
B) Is never binding
C) Is admissible only in another case
D) Does not require proof
  • 17. A judicial admission may be contradicted by showing:
A) It was inconvenient
B) The lawyer changed his mind
C) The opposing party objected
D) Palpable mistake or that the imputed admission was not actually made
  • 18. The burden of proof is the duty to:
A) Present evidence on facts in issue necessary to establish a claim or defense by the amount required by law
B) Prove every collateral matter
C) Cross-examine every witness
D) Produce the greatest number of exhibits
  • 19. A conclusive presumption generally:
A) May always be rebutted
B) Is merely a suggestion
C) Applies only to witnesses
D) Cannot be contradicted by evidence when the rule applies
  • 20. Which is a conclusive presumption under Rule 131?
A) Official duty is presumed regularly performed
B) A tenant is not permitted to deny the landlord's title at the commencement of the landlord-tenant relation
C) A person is presumed innocent of crime
D) A person takes ordinary care
  • 21. Which is a disputable presumption?
A) A judicial admission
B) A tenant cannot deny the landlord's title at commencement
C) A final judgment
D) A person is innocent of crime or wrong
  • 22. A disputable presumption is one that:
A) Requires no legal basis
B) Can be contradicted and overcome by other evidence
C) Can never be challenged
D) Is equivalent to a final judgment
  • 23. The presumption that a person intends the ordinary consequences of voluntary acts is:
A) Irrebuttable only in civil cases
B) Not recognized
C) Disputable
D) Conclusive
  • 24. The presumption that official duty has been regularly performed is:
A) Conclusive
B) Never recognized
C) Disputable
D) A privilege
  • 25. The presumption that private transactions have been fair and regular is:
A) A privilege
B) Never recognized
C) Conclusive
D) Disputable
  • 26. The presumption that a letter duly directed and mailed was received in the regular course of mail is:
A) A judicial admission
B) Disputable
C) An opinion
D) Conclusive
  • 27. In civil cases, the general standard is:
A) Preponderance of evidence
B) Proof beyond reasonable doubt
C) Mere suspicion
D) Absolute certainty
  • 28. In criminal cases, guilt must generally be shown:
A) By a preponderance of evidence
B) Beyond reasonable doubt
C) By mere allegation
D) By substantial evidence
  • 29. Preponderance of evidence concerns the:
A) Number of witnesses only
B) Superior weight of evidence on the issues involved
C) Personal preference of counsel
D) Length of trial
  • 30. In determining preponderance, the court may consider:
A) Witnesses' manner of testifying and their opportunity to know the facts
B) Only the number of witnesses
C) Only documentary evidence
D) Only the age of the judge
  • 31. The number of witnesses is:
A) Always decisive
B) Irrelevant in all cases
C) The only factor
D) Not necessarily controlling in determining preponderance
  • 32. Proof beyond reasonable doubt requires:
A) The level of proof required for conviction in a criminal case, but not absolute or mathematical certainty
B) Absolute mathematical certainty
C) Only suspicion
D) Proof by rumor
  • 33. The ordinary order of examination of an individual witness begins with:
A) Re-direct examination
B) Direct examination
C) Re-cross-examination
D) Cross-examination
  • 34. After direct examination comes:
A) Cross-examination
B) Judgment
C) Re-cross-examination
D) Re-direct examination
  • 35. After cross-examination comes:
A) Another direct examination automatically
B) Re-cross-examination
C) Re-direct examination
D) Judgment
  • 36. The last stage in the ordinary order is:
A) Re-direct examination
B) Re-direct examination
C) Re-cross-examination
D) Cross-examination
  • 37. Direct examination is conducted by:
A) The opposing party
B) The party presenting the witness
C) The judge only
D) The court reporter
  • 38. Cross-examination is conducted by:
A) The party presenting the witness
B) The opposing party
C) The clerk
D) The stenographer
  • 39. The examination of witnesses in trial or hearing is generally done:
A) Only through written statements
B) Without recording
C) In open court and under oath or affirmation
D) In secret
  • 40. Unless a witness is incapacitated to speak or the question calls for another mode of answer, answers are generally:
A) Given anonymously
B) Given only by affidavit
C) Given by counsel
D) Given orally
  • 41. A witness has the right to be protected from:
A) Relevant questions
B) Irrelevant, improper, or insulting questions and harsh or insulting demeanor
C) All questions about the case
D) All cross-examination
  • 42. A witness should not be detained longer than:
A) One hour
B) The interests of justice require
C) The judge's personal preference
D) Three days
  • 43. A witness generally need not answer a question that will tend to:
A) Identify a document
B) Establish a fact in issue
C) Subject the witness to a penalty for an offense, unless otherwise provided by law
D) Establish a claim against the witness
  • 44. A witness must answer regarding:
A) Every embarrassing matter
B) Any irrelevant rumor
C) The fact of a previous final conviction for an offense
D) Any confidential communication
  • 45. Leading questions are generally questions that:
A) Suggest the answer desired by the examiner
B) Require expert testimony
C) Concern only documents
D) Are asked only by the judge
  • 46. On direct examination, leading questions are generally:
A) The only proper form
B) Required
C) Not allowed, subject to recognized exceptions
D) Allowed without exception
  • 47. On cross-examination, leading questions are generally:
A) Never allowed
B) Allowed only in civil cases
C) Allowed
D) Required for every question
  • 48. A hostile witness may generally be examined by the proponent using:
A) No questions
B) Only judicial notice
C) Only an affidavit
D) Leading questions, subject to the Rules
  • 49. Refreshing recollection means:
A) Giving an expert opinion
B) Automatically admitting the writing as evidence
C) Using a writing or other aid to revive a witness's recollection
D) Taking judicial notice
  • 50. When a witness uses a writing to refresh memory, the adverse party may generally:
A) Never see it
B) Inspect the writing under the applicable rule
C) Destroy it
D) Treat it as a judicial admission
  • 51. A witness generally testifies based on:
A) Counsel's instructions
B) Speculation
C) Public opinion
D) Personal knowledge of the facts, subject to recognized exceptions
  • 52. The hearsay rule generally excludes:
A) All admissions
B) All documentary evidence
C) All eyewitness testimony
D) Out-of-court statements offered to prove the truth of the matters asserted, subject to exceptions
  • 53. An out-of-court statement offered only to show that it was made, rather than for its truth, is generally:
A) Not hearsay for that limited purpose
B) Always hearsay
C) A judicial admission
D) Always inadmissible
  • 54. An admission by a party may be:
A) Valid only when notarized
B) Always excluded as hearsay
C) Admissible only if made in court
D) Admissible against that party under the Rules
  • 55. The hearsay rule has:
A) Valid only when notarized
B) Recognized exceptions under the Rules
C) Always excluded as hearsay
D) Always excluded as hearsay
  • 56. The hearsay rule has:
A) No exceptions
B) Only one exception
C) Recognized exceptions under the Rules
D) No application in criminal cases
  • 57. A dying declaration is traditionally recognized as:
A) A conclusive presumption
B) An exception to the hearsay rule subject to its requirements
C) A judicial admission
D) An expert opinion
  • 58. A dying declaration generally relates to:
A) A judge's personal opinion
B) Only matters after judgment
C) Any unrelated gossip
D) The cause or circumstances of the declarant's impending death, subject to the Rule's requirements
  • 59. Res gestae is traditionally associated with:
A) Public documents only
B) Judicial notice only
C) Character evidence only
D) Statements or acts closely connected with a startling occurrence under applicable requirements
  • 60. The business records exception generally concerns:
A) Private opinions
B) Records made in the regular course of business under the requirements of the Rules
C) Any document found in an office
D) Anonymous posts
  • 61. A public record may receive evidentiary treatment based on:
A) Its length
B) Its age alone
C) The applicable rules governing public documents and official records
D) Its attractive appearance
  • 62. The parol evidence rule concerns evidence offered to:
A) Establish judicial notice
B) Prove a witness's age
C) Replace all object evidence
D) Vary, alter, or contradict the terms of a written agreement, subject to the Rule's requirements and exceptions
  • 63. Under the parol evidence rule, the written agreement is generally regarded as:
A) Merely a suggestion
B) Automatically void
C) Irrelevant
D) Containing the agreement of the parties, subject to recognized exceptions
  • 64. A public document is generally one:
A) Signed by any two private perso
B) Stored on a personal phone
C) Falling within the categories recognized by the Rules, including certain acts of public officers in official capacity
D) Printed in a newspaper
  • 65. A private document generally requires:
A) Proof only by a judge's statement
B) Authentication as required by the Rules
C) A government seal in every case
D) No authentication in every case
  • 66. Electronic evidence may include:
A) Only physical photographs
B) Only handwritten notes
C) Only paper contracts
D) Digital records and other electronic data recognized by applicable rules
  • 67. The 2019 amendments expanded documentary evidence to include:
A) Only printed books
B) Recordings and photographs, among other forms
C) Only government records
D) Only notarized contracts
  • 68. Authentication generally establishes:
A) That the evidence is what its proponent claims it to be
B) That no objection is possible
C) That the evidence is conclusive
D) That the evidence is automatically truthful
  • 69. The former 'Best Evidence Rule' is now referred to as the:
A) Original Document Rule
B) Sole Evidence Rule
C) Primary Witness Rule
D) First Statement Rule
  • 70. The former 'Best Evidence Rule' is now referred to as the:
A) Sole Evidence Rule
B) Original Document Rule
C) Primary Witness Rule
D) First Statement Rule
  • 71. The general rule on opinion evidence is that:
A) Only lawyers may give opinions
B) Every opinion is admissible
C) Opinion of a witness is generally not admissible except as allowed by the Rules
D) Opinion is always conclusive
  • 72. An expert witness may give an opinion on a matter requiring special knowledge, skill, experience, training, or education when the witness:
A) Is merely interested in the case
B) Is related to a party
C) Is shown to possess the required qualification
D) Is a party
  • 73. An ordinary witness may give an opinion concerning:
A) The proper legal judgment
B) Any scientific issue without basis
C) The identity of a person about whom the witness has adequate knowledge
D) The guilt of an accused as a legal conclusion
  • 74. An ordinary witness may testify about handwriting when:
A) The witness is a lawyer
B) The witness has never seen it
C) The witness has sufficient familiarity with it
D) The witness is related to the writer
  • 75. An ordinary witness may testify about mental sanity when:
A) The witness is a stranger
B) The witness must always be an expert
C) The witness merely heard a rumor
D) The witness is sufficiently acquainted with the person
  • 76. A witness may testify about impressions of a person's:
A) Emotion, behavior, condition, or appearance
B) Future election results
C) Judicial reasoning
D) Legal guilt as a matter of law
  • 77. Character evidence is generally:
A) Not admissible to prove action in conformity with character on a particular occasion, subject to exceptions
B) Always admissible
C) Required in every criminal case
D) Conclusive
  • 78. In a criminal case, the character of the offended party may be proved when it:
A) Is unrelated to the offense
B) Is always favorable to the accused
C) Is merely interesting
D) Tends in reasonable degree to establish probability or improbability of the offense charged
  • 79. An accused may generally prove good moral character when it is:
A) Completely unrelated to the charge
B) Based only on rumors
C) Offered only after conviction
D) Pertinent to the moral trait involved in the offense charged
  • 80. The prosecution may generally not prove the accused's bad moral character unless:
A) The accused refuses to testify
B) Before any evidence is presented
C) Automatically in every case
D) On rebuttal, subject to the Rules
  • 81. In civil cases, moral character evidence is admissible when:
A) The witness requests it
B) Pertinent to the issue of character involved in the case
C) It is unrelated to any issue
D) It is merely embarrassing
  • 82. Good character of a witness is generally not admissible until:
A) The witness's character has been impeached
B) The witness is cross-examined
C) The witness enters the courtroom
D) The judge asks for it
  • 83. Impeachment of a witness is primarily intended to:
A) Replace direct examination
B) Establish jurisdiction
C) Prove every allegation automatically
D) Attack the witness's credibility
  • 84. A witness may be impeached by:
A) Personal insults by counsel
B) Methods recognized by the Rules, such as evidence affecting credibility
C) Any unrelated rumor
D) A party's preference
  • 85. A party who calls a witness is:
A) Automatically bound by every opinion
B) Subject to the Rules on impeachment and recognized exceptions
C) Required to accept every answer
D) Always barred from questioning the witness
  • 86. Extrinsic evidence of specific acts to attack credibility is:
A) Limited by the Rules and subject to recognized exceptions
B) Always allowed
C) Always prohibited in every circumstance
D) Required for all witnesses
  • 87. Competency of a witness concerns whether the person:
A) Is the oldest person in court
B) Is legally capable of testifying under the applicable rules
C) Is represented by counsel
D) Has the most documents
  • 88. A witness generally must testify based on:
A) Personal knowledge of the facts, unless an exception applies
B) Public opinion
C) Speculation
D) Counsel's instructions
  • 89. A witness without personal knowledge of an event generally:
A) Cannot testify to the event as if personally perceived, absent an applicable exception
B) May give any opinion
C) Becomes an expert
D) Must be believed automatically
  • 90. Probative value generally refers to:
A) The tendency of evidence to make a fact more or less probable
B) The number of pages in a document
C) The age of the witness
D) The cost of evidence
  • 91. Relevant evidence may still be excluded if:
A) It is offered by the plaintiff
B) It is persuasive
C) It is documentary
D) The Constitution, law, or Rules exclude it
  • 92. The court may stop further testimony on a point when:
A) The evidence is already so full that more witnesses cannot reasonably be expected to be additionally persuasive, exercised with caution
B) One witness has testified
C) Counsel becomes tired
D) The hearing reaches noon
  • 93. Evidence on a motion based on facts not appearing of record may be heard through:
A) Affidavits or depositions, subject to the court's direction
B) Newspaper articles only
C) Anonymous messages only
D) Oral arguments only
  • 94. Perpetuation of testimony is intended to:
A) Eliminate witnesses
B) Create a judicial admission
C) Replace all trials
D) Preserve testimony concerning a matter that may be cognizable in court when preservation is sought under the Rule
  • 95. A petition to perpetuate testimony is generally:
A) Verified
B) Anonymous
C) Always oral
D) Filed without identifying expected adverse parties
  • 96. A petition for perpetuation of testimony should state:
A) Only the requested damages
B) The judge's personal opinion
C) Only the petitioner's nickname
D) The subject matter of the expected action and the petitioner's interest therein
  • 97. The petition should identify expected adverse parties and:
A) Their addresses so far as known
B) Their political views
C) Their unrelated employment history
D) Their favorite activities
  • 98. The petition should identify persons to be examined and:
A) Only their ages
B) Their opinions about the judge
C) The substance of the testimony expected from each
D) Their social media accounts
  • 99. The 2019 Amendments to the Revised Rules on Evidence became effective on:
A) January 1, 2019
B) December 31, 2020
C) May 1, 2020
D) June 1, 2022
  • 100. The 2019 Amendments to the Revised Rules on Evidence are identified as:
A) Executive Order No. 19
B) A.M. No. 19-08-15-SC
C) A.M. No. 19-10-20-SC
D) Republic Act No. 1000
Created with That Quiz — the site for test creation and grading in math and other subjects.