(CLJ 5) CRIMINAL EVIDENCE
  • 1. It consists of any reprehensible deed or word that offends public conscience.
A) Scandal
B) Indignity
C) Disgrace
D) Unjust vexation
  • 2. What is needed to be proven that scandalous circumstance is an element in the crime of concubinage.
A) If the man is legally married
B) If the mistress is kept outside the conjugal dwelling
C) If the mistress is a virgin
D) If the mistress is a relative
  • 3. It means dwelling together as husband and wife.
A) Cohabit
B) Live-in
C) Joint household
D) Marriage
  • 4. They should be objected to at the time they are being offered in court.
A) Expert evidence
B) Oral evidence
C) Testimonial evidence
D) Documentary evidence
  • 5. To appreciate the evidence,it is always a question of logic and experience.
A) Real evidence
B) Material evidence
C) Relevant evidence
D) Object evidence
  • 6. Evidence whose admission is prohibited by law.
A) None of these
B) Unreal evidence
C) Incompetent evidence
D) Inadmissible evidence
  • 7. Which among the following may be considered as subject requiring expert opinion.
A) All of these
B) Undeciphered writings
C) Medical science
D) Forensic science
  • 8. When it prompts the witness to give an answer the examiner wants to hear it is said to be:
A) Misleading question
B) General question
C) Compound question
D) Leading question
  • 9. What did you observe after they got married is an example of a
A) Misleading question
B) Leading question
C) Compound question
D) General question
  • 10. A question which is made up to two or more queries connected by conjunctions and or.
A) Leading question
B) General question
C) Compound question
D) Misleading question
  • 11. The following are the criteria used to determine whether or not a child regardless of age may be considered as a competent witness, except:
A) Capacity of recollection
B) Capacity of observation
C) Capacity of communication
D) None of these
  • 12. What must be established. in addition to sexual intercourse in cases of rape?
A) Use of force or intimidation by the offender
B) Sterility of the offender
C) Resistance on the part of the victim
D) All of the foregoing
  • 13. When may evidences be considered as admissible in court?
A) When it is relevant to the issue
B) When it is competent
C) When it is not excluded by the law or the rules of court
D) All of the foregoing
  • 14. Refers to statement made by the litigants in the judicial proceedings.
A) Pleadings
B) Judicial confessions
C) Judicial admissions
D) Judicial notice
  • 15. Those evidences which results in the greatest certainty of the fact in question?
A) Primary or best evidence
B) Competent evidence
C) Secondary evidence
D) Conclusive evidence
  • 16. Refers to evidence which indicates that a better kind of evidence exists.
A) Conclusive evidence
B) Competent evidence
C) Primary or best evidence
D) Secondary evidence
  • 17. It forbids the addition or contradiction in terms of a written instrument by testimony purporting to show that other or different terms were orally agreed upon by the parties.
A) Res Gestae rule
B) Parol evidence rule
C) Hearsay rule
D) Best evidence rule
  • 18. Marital disqualification may apply, except:
A) It involves civil cases filed by one against the other
B) The spouses was legally married
C) The husband is a party to the case
D) The wife is a party to the case
  • 19. Refers to matters which are learned in confidence.
A) Confidential communication
B) Private communication
C) Privilege communication
D) Dying declaration
  • 20. The following are requisites for the disqualification based on attorney-client privilege, except:
A) No consent was given by the client to the attorney testifying thereon
B) Communication was made in the course of professional employment
C) None of the above
D) Existence of an attorney client relation
  • 21. When may a descendant be compelled to witness agains his parents or grandparents?
A) A criminal case by one grandparent against another
B) All of the foregoing
C) A criminal case by one the parent against the other
D) A crime against him
  • 22. An agreement made between two or more parties as a settlement of matters in question.
A) Stipulation
B) Compromise
C) Contract
D) Plea bargaining
  • 23. In admission by third party, the rights of a party cannot be prejudiced by an act, declaration or omission of another, except:
A) Admission by conspirator
B) Admission by a co- partner/joint owner or debtor
C) Admission by agent or privies
D) All of the foregoing
  • 24. Admission by agents shall be allowed when:
A) The admission refers to a matter within the scope of his authority
B) The admission was made during the existence of the agency
C) All of the foregoing
D) The agency is proved by evidence other the admission itself
  • 25. A dying declaration may be admissible as evidence in cases, except:
A) None of the above
B) The declarant is a competent witness and the declaration is offered in a criminal case wherein the declarant's death is subject to the inquiry
C) Imminent death but the declarant is conscious of facts
D) The declaration must concern the crime regarding the declarant's death
  • 26. Refers to inferences which the law makes so preemptory that it will not allow them to be overturned by any contrary proof.
A) Presumption
B) Stoppel
C) Disputable
D) Conclusive presumption
  • 27. A witness of the adverse party may be impeached except:
A) None of the above
B) A contradictory evidence
C) By evidence of his general reputation and integrity, and conviction of a crime involving moral turpitude
D) By evidence of other statements made by the witness which are inconsistent.
  • 28. Refers to an official entry of the proceedings in the coun of justice.
A) Official record
B) Judicial Record
C) Judicial notice
D) Blotter
  • 29. When may circumstantial evidence be sufficient to obtain conviction?
A) The facts from which the inference are derived were proven
B) All of the foregoing
C) When combined proof beyond reasonable doubt may be established
D) There is more than one circumstance
  • 30. Which among the following are not elements of a corpus delicti?
A) Some person is criminally responsible for the act
B) The accused need not necessarily be the doer of the act
C) Non of the foregoing
D) That a certain result has been produced
  • 31. Which among the following may be used as evidence in a judicial proceeding?
A) Parental privilege
B) Privileged conversation
C) Filial privilege
D) Dying declaration
  • 32. In PD 1612, the possession of the stolen goods is:
A) Evidence against the accused
B) Prima facie evidence of fencing
C) Means that the accused is not the owner
D) Means that the accused is an accessory to the crime
  • 33. Occurs when the evidence adduced proves the disputed fact.
A) Corroborative
B) Cumulative
C) Relevant
D) Circumstantial
  • 34. Evidence of this kind is those which are capable of perception?
A) Real
B) Testimonial
C) Corroborative
D) Material
  • 35. A priest may not be able to testify on pertinent matters to the case if said conversation or facts relates to that told in the confession made by the:
A) Client
B) Penitent
C) Patient
D) Secretary
  • 36. Who among the following are automatically disqualified to take the witness stand?
A) Sick persons
B) Children
C) Insane persons
D) Homosexuals and lesbians
  • 37. Evidence which shows that a best evidence existed as to the proof of the in questions.
A) Secondary evidence
B) Real evidence
C) Best evidence
D) Res gestae
  • 38. Legal fitness of a witness to be heard on the trial.
A) Qualification
B) Competency
C) Admissibility
D) Eligibility
  • 39. Means sanctioned by the rules of court to ascertain the truth respecting a matter of fact.
A) Intent
B) Evidence
C) Motive
D) Proof
  • 40. A duplicate receipt signed and carbon copied at the same time is in terms of its evidentiary value is deemed as:
A) Original
B) Genuine
C) Authentic
D) Duplicate
  • 41. Exemption to the hearsay rule made under the consciousness of an impending death.
A) Parol evidence
B) Mi ultimo adios
C) Ante mortern statement
D) Dead man statute
  • 42. When are children deemed not competent to qualify as a witness?
A) They have not reached the age of discernment.
B) They can relate to those facts truly to the court at the time they are offered as witness
C) They must have sufficient knowledge to receive just impressions as to the facts on which testify
D) They understand the obligation of the oath
  • 43. That degree of proof which produces in the mind of as unprejudiced person, that moral certainty or moral conviction that the accused did commit the offense charged.
A) Substantial evidence
B) Preponderance of evidence
C) Proof beyond reasonable doubt
D) Ultimate fact
  • 44. Circumstantial facts and declarations incidental to the main fact; means things done.
A) Res gestae
B) Factum probandum
C) Owes probandi
D) Factum probans
  • 45. A person who gives testimonial evidence to a judiciary tribunal.
A) Witness
B) Defense
C) Prosecution
D) Clerk of court
  • 46. In this sort of action, a person merely acknowledges certain facts but does not admit his guilt.
A) Extra-judicial confession
B) Admission
C) Testimony
D) Confession
  • 47. When a categorical statement of guilt was made before a competent tribunal we classify it as:
A) Judicial confession
B) Extra-judicial
C) Admission
D) Confession
  • 48. Any evidence whether oral or documentary wherein the probative value is not based on witness but that from another. personal knowledge of the witness but that from another.
A) Hearsay
B) Res gestae
C) Testimonial evidence
D) Dying declaration
  • 49. Refers to family history or descent.
A) Inheritance
B) Pedigree
C) Tradition
D) Heritage
  • 50. Obligations imposed upon a party to establish their alleged fact by proof are termed as "burned of proof", what is it's latin translation?
A) Owes probandi
B) Owe probandi
C) Factum probandum
D) Factum probans
  • 51. The probative value given by the court to a particular evidence.
A) Ultimate fact
B) Preponderance of evidence
C) Evidentiary fact
D) Weight of evidence
  • 52. A degree of proof below that of proof beyond reasonable doubt, which taken in its entirely is superior to that of another.
A) Best evidence
B) Weight of evidence
C) Secondary evidence
D) Preponderance of evidence
  • 53. The body of a crime.
A) Corpus delicti
B) Real evidence
C) Physical evidence
D) Autoptic evidence
  • 54. Which among the foregoing is not part of the judicial rule for sufficiency of circumstantial evidence to convict an accused?
A) The combination of all the circumstance is such as to produce a conviction beyond reasonable doubt.
B) The facts from which the inference are derived must be proved
C) It must be of judicial recognizance
D) There is more than one circumstance
  • 55. Minimum number of witnesses required in rape cases to secure a conviction.
A) None
B) 3
C) 2
D) 1
  • 56. Presumption which the law makes so preemptory that it will not allow them to be reversed by any contrary evidence.
A) Presumption
B) Conclusion
C) Conclusive presumptions
D) Disputable presumption
  • 57. Logical necessity which rests upon a party at any particular time during the trail to create a prima facie case in his own favor or to overthrow one created against him.
A) Res gestae
B) Estoppel
C) Burden of proff
D) Burden of evidence
  • 58. It is a bar which precludes a person from denying or asserting anything to the contrary of established truth
A) Burden of proof
B) Res gestae
C) Estoppel
D) Burden of evidence
  • 59. These questions suggest to the witness the answers to which an examining party requires.
A) Leading
B) Res gestae
C) Estoppel
D) Misleading
  • 60. A written act or record of acts of a sovereign authority or private writing acknowledge before a notary public.
A) Official record
B) Private document
C) Official document
D) Public document
  • 61. What would overturn an alibi and denial in a hearing?
A) Evidence
B) Proof
C) Positive identification
D) Testimony
  • 62. Prescribes the governing rules on evidence?
A) Constitution
B) Revised Penal Code
C) Rules of Court
D) Rules on Criminal Procedure
  • 63. Factum probans means:
A) Evidentiary fact
B) Ultimate fact
C) Preponderance of evidence
D) Weight of evidence
  • 64. Evidence which has some relation to what is sought to be proved.
A) Compenent
B) Admissible
C) Material
D) Relevant
  • 65. It affects an issue in an important or substantial matter.
A) Material
B) Direct
C) Competent
D) Relevant
  • 66. Those evidences which are admissible in court are held to be:
A) Material
B) Direct
C) Relevant
D) competent
  • 67. Refers to an evidence of the same kind adduced to prove the samer fact.
A) Cumulative
B) Circumstantial
C) Real
D) Corroborative
  • 68. Additional evidence of a different kind but tending to prove the same fact.
A) Corroborative
B) Real
C) Cumulative
D) Circumstantial
  • 69. Oral testimony given in open court.
A) Admission evidence
B) Real evidence
C) Documentary evidence
D) Testimonial evidence
  • 70. Evidence delivered in open court wherein the witness states that he does not know whether a fact did or did not occur.
A) Direct
B) Positive
C) Negative
D) Circumstantial
  • 71. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidences.
A) Primary
B) Prima facie
C) Secondary
D) Best
  • 72. Given by a person of specialized knowledge in some particular field.
A) Expert
B) Secondary
C) Best
D) Primary
  • 73. That kind of evidence which cannot be rebutted of overcome.
A) Best
B) Conclusive
C) Real
D) Primary
  • 74. Legal basis of inadmissibility of evidences obtained thru torture, threat, violence or intimidation.
A) Sec 3 Bill of Rights
B) Sec 12 Bill of Rights
C) Sec 17 Bill of Rights
  • 75. Cognizance of certain facts which judges may prope take as fact because they are already known to them.
A) Judicial knowledge
B) Judicial Admission
C) Judicial Notice
D) Cognizance
  • 76. One which assumes as true a fact not yet testified to the witness, or contrary to stated.
A) Leading
B) Res gestae
C) Confusing
D) Misleading
  • 77. When a witness affirms that a fact did or did not occur, such testimony is said to be:
A) Negative evidence
B) Positive evidence
C) Relevant evidence
D) Material evidence
  • 78. What is meant by demurrer to evidence?
A) Motion to postpone
B) Motion to dismiss
C) Plea to dismiss
D) Motion to inhibit
  • 79. When can a circumstantial evidence sufficient to convict?
A) There is more than one circumstance
B) All of these
C) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
D) The facts from which the inference are derived must be proved
  • 80. The following are elements of corpus delicti, except:
A) The accused need not necessarily be the doer of the act the
B) Some person is criminally liable for the act.
C) The accused must be the doer of the act
D) That a certain result has been produced.
  • 81. Private document are proved by:
A) Evidence of the genuineness of the handwriting of the writer
B) Testimony of the one who made the writing
C) Both B and C
D) Testimony of anyone who saw the execution of the writing.
  • 82. Any deed or instrument executed by a private person without the intervention of a notary public.
A) Private Document
B) Holographic document
C) Public Document
D) Genuine document
  • 83. Who among the following may be used to prove the handwriting of a person in open court?
A) Secretary of the accused for 20 years.
B) Any of the foregoing.
C) a. Secretary of the accused for 20 years Friend and co-employee of the accused for more than 20 years.
D) A questioned document examiner.
  • 84. Under the rules, a judicial record may be impeached by;
A) Evidence of collusion between the parties in the proceedings.
B) Evidence of fraud in the party offering the record with respect to the proceedings.
C) Evidence of want in the jurisdiction in the court of judicial officer with respect to the proceedings.
D) Any of the foregoing
  • 85. When shall the offer of testimonial evidence made?
A) After testimony
B) Before testimony of the witness
C) After the oath of taken by the witness
D) After the oath of taken by the witness
  • 86. When can the adverse party object to any testimonial evidence?
A) After the testimony of the witness
B) At any time and as soon as the grounds therefore become reasonably apparent.
C) After the direct examination of the witness.
D) During the cross examination
  • 87. Several documentary evidences were not formally offered at the hearing of the case, this would;
A) Prompt the court to issue a subpoena
B) Prompt the court to accept it.
C) Be of no bearing since it is related and important with the case at hand.
D) Prompt the court to exclude the same from the record
  • 88. Generally, objection to documentary evidences must be made;
A) Before it has been offered in evidence
B) Within 3 days after notice of the offer unless a different period is allowed by the court.
C) After it has been offered in evidence d wit
D) d. None of these
  • 89. The degree of proof which produces in the mind of a that the accused did commit the offense charged. Also know unprejudiced person, that moral certainty or moral convict as the quantum of evidence used to convict the pers charged in criminal cases.
A) Weight of evidence
B) Preponderance of evidence
C) Sufficiency of evidence
D) Proof beyond reasonable doubt
  • 90. When may a formal offer of object and documentary evidence is made?
A) During pre-trial
B) After the presentation of witnesses of both litigants
C) After pre trial
D) After a party's testimonial evidence
  • 91. Generally leading questions are allowed on dire examinations in the following cases, except:
A) When there is difficulty in obtaining direct and intelligible answers from the witness.
B) By contradictory evidence
C) When they relate to preliminary matters.
D) In interrogation of an unwilling or hostile witness.
  • 92. Who among the following may give intelligible answers witnesses?
A) A registered voter
B) A deaf-mute person
C) A child of tender age
D) A feeble minded person
  • 93. When may a party impeach his own witness?
A) Where the witness is not voluntarily offered but required by law to be presented by the proponent.
B) Any of the foregoing.
C) In case of a hostile witness.
D) Where the witness is the adverse party or the representative of a juridical person which is the adverse party.
  • 94. The following are means of impeaching a witness of the adverse party, except:
A) By contradictory evidence
B) In case of a hostile witness
C) Evidence that his general reputation for truth or integrity is bad.
D) Inconsistencies of statements made with respect to the testimony.
  • 95. These are testimonies which are read and submitted as evidence provided that the despondent is dead or cannot testify or outside the country.
A) Testimonial evidence
B) Extra judicial statements
C) Deposition
D) Oral testimony
  • 96. The following are factors required to qualify a person as an expert witness, except:
A) Extensive Training and Education
B) Particular first hand familiarity with the facts of the present case
C) Presentation of the authorities on which his opinions are based
D) Of legal age
  • 97. Res gestae may be admissible with the following requisites, except:
A) The statement must be spontaneous.
B) The statements made must refer to the occurrence in question and its attending circumstance.
C) It must exist previous to the controversy
D) There must be a startling occurrence
  • 98. Which among the following may disqualify a witness?
A) Capacity of observation
B) Capacity of knowledge
C) Capacity of recollection
D) Capacity of communication
  • 99. In case of falsification of document what would be the best evidence?
A) Genuine document
B) Authentic document
C) Questioned document
D) Holographic document
  • 100. Which among the following may not be a means to impeach in judicial record?
A) Fraud in the party offering the recoerd
B) Collusion between in parties
C) Want of jurisdiction in the court or judicial officer
D) Alterations
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