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EVIDENCE PRELIM
Contributed by: Cabanillas
  • 1. Which of the following is an example of law enforcement agency?
A) NBI
B) CIDG
C) All of this
D) POLICE
  • 2. Which of the following is not admissible in evidence?
A) Testimony of the brother of the victim of physical injuries as to how his brother was mauled
B) Testimony of X about what Y told her about how A was killed
C) Testimony of a deaf person about what he saw us to who killed the victim
D) Testimony of a 5 year child
  • 3. Which of the following is the most important evidence for the crime of murder?
A) Testimony about the character of the victim
B) Testimony regarding the suffering of the victims family
C) Testimony of an eye witness as to the manner of the killing of the victim
D) Testimony of a witness regarding the character of the accused
  • 4. The rules on evidence are provided for in the:
A) Rules of court
B) Supreme court manuel
C) Trial manual
D) Constitution
  • 5. An autopsy report on the cost of the death of the victim is an example of:
A) Testimonial evidence
B) Real evidence
C) Object evidence
D) Documentary evidence
  • 6. The evidence to be gathered must be:
A) Enough to justify filing of a case
B) Sufficient to prove every element of the crime
C) Enough to create suspicion
D) Sufficient to point to suspect
  • 7. Which is the superior law?
A) Constitution
B) Revised penal code
C) Rules of court
D) the civil code
  • 8. After the discovery or report of the commission of crime, what does a law enforcement agency do?
A) Report the case
B) File a case
C) Search for evidence
D) Conduct interviews
  • 9. the materials and information for conviction of accused refer to:
A) Witnesses
B) Testimonies
C) Evidence
D) Affidavits
  • 10. Which of the following pillars of the criminal justice system has the duty to provide the prosecution with the materias and information necessary in order to support convictio?
A) the community
B) the department of justice
C) Law enforcement
D) the courts
  • 11. Testimonies of witnesses to be given In judicial trial should be based on:
A) reported information
B) relayed information
C) revelations
D) personal knowledge
  • 12. the declaration of the accused acknowledging his guilt of the offense charge
A) declaration
B) estoppel
C) confession
D) admission
  • 13. it is known as autistic evidenc, addressed or made known to the senses of the court
A) competent evidence
B) Real evidence
C) testimonial evidence
D) documentary evidence
  • 14. it refers to an evidence which is not excluded in a certain case
A) real evidence
B) competent evidence
C) material evidence
D) documentary evidence
  • 15. it refers to the statements made by the litigants in a proceeding
A) allegations
B) testimony
C) presumption
D) declaratios
  • 16. evidence gathered through means not allowed or prohibited by the law are known as:
A) illegal evidence
B) fruit of the poisonous tree
C) discarded evidence
D) excluded evidence
  • 17. the rules of evidence found in rules 128-133 of the rules of Court are applicable principally only in:
A) other tribunals
B) judicial trial
C) administrative hearins
D) quasi-judicial hearings or bodies
  • 18. a kind of evidence when the statement of a police officer or of any other witness is given in open court
A) oral evidence
B) documentary evidence
C) testimonial evidence
D) real evidence
  • 19. the truth which has been established after a judicial trial based on the quantum of evidence required by law
A) proposition
B) factum probandum
C) judicial or legal truth
D) real or actual truth
  • 20. it means sanctioned by the rules to ascertain the truth respecting matter of fact
A) testimony
B) proof
C) evidence
D) indictment
  • 21. the rules of evidence may be applied retroactively because there is no vested rights in evidence
A) this is incorrect because laws apply only Prospectively
B) this is correct unless such will result to ex post facto law
C) this is correct because this does not contrivance the rules
D) this is correct because this is provided by the rules of court
  • 22. a piece of evidence which is tangible or is able of demonstration or observatio by the senses of the court is known as:
A) Tangible evidence
B) Material evidence
C) Demonstrative evidence
D) object or real evidence
  • 23. It is that degree of proof which produces conviction in an unprejudiced mind
A) Conclusive certainty
B) Moral certainty
C) Absolute certainty
D) Convincing certainty
  • 24. How is the presumption of innocence in favor of the accused overcome
A) By proof of accused guilt beyond reasonable doubt
B) By convincing evidence of accused guilt
C) By preponderance of evidence of accused guilt
  • 25. If an evidence was gathered in violation of the right of the accused against self incrimination, such evidence will be:
A) Excluded being a fruit of the poisonous tree
B) Excluded being detrimental to fair play
C) None of these
D) Excluded being unfair
  • 26. The testimony of a witness an open court or in a form of judicial affidavit or deposition is classified as what kind of evidence?
A) Testimonial evidence
B) Personal knowledge
C) Despositive evidence
D) Declarative evidence
  • 27. When does the presumption of innocent end?
A) Until charge of an offense
B) Until proven otherwise beyond reasonable doubt
C) Until trial
D) Until indictment
  • 28. Proof beyond reasonable doubt means
A) Convincing certainty
B) Conclusive certainty
C) Moral certainty
D) Absolute certainty
  • 29. A person charge of an offense but has no means to secure the service of a council or lawyer for his defense will be provided free legal assistance
A) This is correct because the right to adequate legal assistance is a constitutional
B) All of these are correct
C) This is correct because this is part of due process
D) This is correct because of presumption of innocence
  • 30. The word magistrate refers to:
A) the prosecutor
B) A judge or justice
C) The public attorney
D) None of these
  • 31. Evidence which is not excluded by law is:
A) Material evidence
B) Relevant evidence
C) Competent evidence
D) Prima facie evidence
  • 32. This evidence refers to evidence which can stand alone to support conviction unless rebutted
A) Prima facie evidence
B) Material evidence
C) Rebuttal evidence
D) Competent evidence
  • 33. Evidence which affirms a fact in issue
A) Corroborative evidence
B) Demonstrative evidence
C) Positive evidence
D) rebuttal evidence
  • 34. It is evidence having any value in reason as tending to prove any matter probable in action
A) Competent evidence
B) Prima facie evidence
C) Relevant evidence
D) Direct evidence
  • 35. This kind of evidence is in controvertible
A) Primary evidence
B) Rebutting evidence
C) Conclusive evidence
D) Prima facie evidence
  • 36. The testimony of a witness should be based on:
A) Perception
B) Personal knowledge
C) Relayed information
D) Observation
  • 37. That is the money of juan possessing knowledge not usually acquired by other persons
A) Demonstrative evidence
B) Expert evidence
C) Best evidence
D) Conclusive evidence
  • 38. This evidence refers to avermens given in court by the witness
A) Demeanor evidence
B) Positive evidence
C) Character evidence
D) Testimonial evidence
  • 39. It is evidence that which the law regards as according the greatest certainty
A) Positive evidence
B) Prima facie evidence
C) Primary evidence
D) Secondary evidence
  • 40. This evidence proves the fact in issue without aid of inference or presumptions
A) Prima facie evidence
B) Positive evidence
C) Competent evidence
D) Direct evidence
  • 41. It refers to the examination before a competent tribunal of the facts in issue in a case, to determine the truth of such issue
A) Trial
B) Evidence collection
C) Reception of evidence
D) Presentation of evidence
  • 42. When a person declares that he does not know whether the accused was at the scene of the crime, such is what kind of evidence?
A) Denial
B) Rebuttal evidence
C) Controverting evidence
D) Negative evidence
  • 43. It is the factual dispute between the litigants
A) Question of credibility
B) None of these
C) Question of law
D) Question of fact
  • 44. The officer who presides over a trial is:
A) Solicitor
B) Attorney general
C) Judge
D) Prosecutor
  • 45. A point of fact is also known as:
A) A question of fact
B) A question of guilt
C) A question of law
D) A question of evidence
  • 46. The ones who are the first respondents in case of the commission of a crime are:
A) The prosecution
B) The victims
C) Law enforcers
D) The community
  • 47. This is answered by applying relevant legal questions
A) Question of fact
B) Question of law
C) Question of admissibility
D) Question of credibility
  • 48. The roles of evidence are found in:
A) Article 114-365 of the revised penal code
B) Rules 110-127 of the rules of court
C) None of these
D) The rules 128-133 of the rules of court
  • 49. Evidence helps in the:
A) Determine of the questions of facts
B) Determination of the admissibility of evidence
C) Determination of the questions of law
D) Determination of the guilt of the accused
  • 50. Through the determination of question of facts, the judge:
A) None of these
B) Reconstructs the chain of event of the anatomy of a crime
C) Reconciles the circumstances of the parties involve in the commission of the crime
D) Re-enacts the events that resulted in the commission of the crime
  • 51. Propositions of law are:
A) Allegations
B) Factum probans
C) Charge
D) Factum probandum
  • 52. " robbery was made through force upon things" this is an example of:
A) Factum probans
B) Factum probandum
C) Charge
D) Claim
  • 53. "Destroyed locks indicative of force upon things" this is an example of:
A) Factum probans
B) Factum probandum
C) Claim
D) Charge
  • 54. It refers to the ultimate facts to be proven
A) Factum probans
B) Allegation
C) Charge
D) Factum probandum
  • 55. The outcome of every trial is determined by propositions of the law and:
A) Questions of fact
B) Charge
C) Corpus delicti
D) Questions of law
  • 56. " exit once are in front indicating that he victim was shot at the back, " this is an example of:
A) Claim
B) Factum probandum
C) Factum probans
D) Fact
  • 57. These refer to evidentiary fact
A) Factum probandum
B) Support
C) Evidence
D) Factum probans
  • 58. " murder was committed through treachery. " this is an example of:
A) Charge
B) Factum probandum
C) Claim
D) Indictment
  • 59. The guilt of the accused is determined if it was proven beyond reasonable doub t that a crime was indeed committed
A) False, because it must also be proven likewise beyond reasonable doubt that the crime must committed by no other but the accused
B) True, because there is presumption of innocence in favor of the accused which can only be overturned by proof beyond reasonable doubt
C) All of these are true
D) True, because proof behind reasonable doubt is degree of proof required in criminal cases
  • 60. "X is guilty of homicide making him guilty for homicide" this is another example of:
A) Factum probandum
B) Charge
C) Indictment
D) Factum probans
  • 61. The rules on evidence shall be construed to secure fairness in administration of justice. ' construe' means
A) To consider
B) To apply
C) To interpret
D) To determine
  • 62. Truth is best determine under an adversary system of justice. Which of the following may describe and adversarial system of justice?
A) It provides the way out for he accused to be acquitted
B) It assures the advantage for the prosecution to protect the innocent
C) It uses a competitive process between prosecution and defense to determine the facts.
D) None of these
  • 63. It refers to the means to arrive at a conclusion
A) Support
B) Evidence
C) Proof
D) Material for trial
  • 64. It is the result of introducing evidence
A) Presumption
B) Admission
C) Proof
D) Conviction
  • 65. Every evidence is admissible
A) All of these are correct
B) false, because regardless of its nature, evidence requires certain processes of presentation for admissibility
C) False, because evidence may be denied admission by the court based on its discretion
D) False, because evidence must be wait first by the court to be admissible
  • 66. Lawyers may also prevericate. ' prevaricate' means:
A) To speak loudly and haphazardly
B) To speak falsely or misleadingly; deliberately mistake or create an incorrect impression;lie
C) To speak annoyingly
D) To speak convincingly
  • 67. Some witnesses may distort the truth."distort " means:
A) To lie openly
B) To cover up certain faults
C) To give a misleading or false account or impression
D) To portray a clear flow of events
  • 68. The opposite of the adversarial system of justice is
A) Inquisitorial system of justice
B) Positivist system of justice
C) Procedural system of justice
D) Prosecutorial system of justice
  • 69. Some judges have their built in prejudices. 'prejudices' means:
A) An unfair feeling of dislike for a person or group because of race, sex, religion, etc
B) The cavalier attitude due to superior knowledge
C) The superior feeling of being know it all
D) the lackadaisical air or attitude on issues
  • 70. Lawyers may exaggerate showing their biases. To exaggerate means to:
A) To explain clearly and persuasively
B) To make something seem larger, more important, better, or worse than it really is
C) To make something as clearly and believable as possible
D) All of these
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