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SI VI DI
  • 1. What is documentary evidence?
A) it consists of writings, recordings, photographs, or any material containing modes of written expressions, offered as proof of their contents.
B) it refers to the testimony of a witness.
C) it is an agreement presented as proof of its existence.
D) it is evidence addressed to the senses of the court.
  • 2. Which of the following is not an original document?
A) negative of a photograph
B) any counterpart intended to have the same effect as the original by the person executing or issuing
C) the document itself
D) another document containing a recital of the contents of the original document
  • 3. Which of the following is not a duplicate?
A) a counterpart produced by means of photography
B) a counterpart intended to have the same effect as the original by the person executing or issuing it
C) a counterpart produced from the same matrix as the original
D) a counterpart produced by the same impression of the original
  • 4. What is the original document rule?
A) When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be no evidence, as between the parties, of such terms other than the contents of the written agreement.
B) When the evidence, which appears to be irrelevant at the time of its offer unless it is connected with other facts to be subsequently proved, is received on the condition that such other facts will be proved thereafter, otherwise it will be stricken out.
C) When the subject of the inquiry is the contents of a document, no evidence is admissible other than the original document itself.
D) When a party presents an inadmissible evidence that is admitted by the court, the other party has the right to introduce inadmissible evidence of the same kind in answer thereto.
  • 5. What is the parol evidence rule?
A) When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be no evidence, as between the parties, of such terms other than the contents of the written agreement.
B) When a party presents an inadmissible evidence that is admitted by the court, the other party has the right to introduce inadmissible evidence of the same kind in answer thereto.
C) When the subject of the inquiry is the contents of a document, no evidence is admissible other than the original document itself.
D) When the evidence, which appears to be irrelevant at the time of its offer unless it is connected with other facts to be subsequently proved, is received on the condition that such other facts will be proved thereafter, otherwise it will be stricken out.
  • 6. When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of persons skilled in deciphering the characters, or who understand the language, is _________ to declare the characters or the meaning of the language.
A) inadmissible
B) admissible
C) not allowed
  • 7. In the construction of an instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will
A) give effect to general provisions
B) give effect to special provisions
C) give effect to all
  • 8. The language of a writing is to be interpreted according to the legal meaning it bears in the place of its __________, unless the parties intended otherwise.
A) notarization
B) execution
C) storage
  • 9. In the construction of an instrument, the intention of the parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is ___________ to the former.
A) inferior
B) paramount
C) subordonate
  • 10. When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the ___________.
A) former controls the latter
B) latter controls the former
C) portion written at the end is controlling.
  • 11. What are the qualifications of a witness? Choose all the correct answers in the choices.
A) can make known to others his/her perception.
B) has no religious or political belief
C) can perceive
D) can declare the statements made by other persons.
  • 12. A witness can testify only to those facts which he or she knows of his or her
A) personal knowledge
B) official records
C) best knowledge
  • 13. A husband can testify against his wife, without the latter's consent, in any civil case
A) true
B) sometimes
C) false
  • 14. An attorney can testify on communications made to him by a client, even without the client's consent, when her services were sought to plan to commit what the client reasonably should have known to be fraud.
A) true
B) false
C) sometimes
  • 15. A public officer can be examined on communications he received in official confidence, even if public interest will suffer due to the disclosure thereof, after he has retired.
A) true
B) false
C) sometimes
  • 16. What is parental privilege?
A) No person may be compelled to testify against his or her children or other direct descendants.
B) No person may be compelled to testify about any trade secret.
C) No person may be compelled to testify against his or her parent or other direct ascendants.
  • 17. What is filial privilege?
A) No person may be compelled to testify about any trade secret.
B) No person may be compelled to testify against his or her children or other direct descendants
C) No person may be compelled to testify against his or her parent or other direct ascendants.
  • 18. May an offer of compromise by the accused
    be received in evidence?
A) Yes, as an implied admission of guilt.
B) Yes, it is admissible in cases for criminal negligence.
C) No, it may be received only in civil cases.
D) No, it is inadmissible.
  • 19. An offer to pay, or the payment of medical, hospital or other expenses occasioned by an injury, is admissible in evidence as proof of civil or criminal liability for the injury.
A) true
B) false
C) unless corroborating circumstances are shown
  • 20. An act or declaration of an agent that was done beyond the scope of his authority,
    may be given in evidence against such party.
A) false
B) true
C) sometimes
  • 21. What is hearsay?
A) it includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, and the names of the relatives.
B) is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein
C) is an oral or written assertion or a non-verbal conduct of a person, if it is intended by him or her as an assertion
  • 22. The ____________, made under the consciousness of an impending death, may be received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
A) common reputation
B) declaration of a dying person
C) pedigree
D) rest gestae
  • 23. Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto, under the stress of excitement caused by the occurrence with respect to the circumstances thereof, may be given in evidence as part of the ______________.
A) res gestae
B) declaration of a dying person
C) common reputation
D) pedigree
  • 24. The act or declaration of a person deceased or unable to testify, in respect to the _________ of another person related to him or her by birth, adoption, or marriage or, in the absence thereof, with whose family he or she was so intimately associated as to be likely to have accurate information concerning his or her pedigree, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration.
A) common reputation
B) declaration of a dying person
C) rest gestae
D) pedigree
  • 25. _________________ existing previous to the controversy, as to boundaries of or customs affecting lands in the community and reputation as to events of general history important to the community, or respecting marriage or moral character, may be given in evidence.
A) declaration of a dying person
B) common reputation
C) rest gestae
D) pedigree
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