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