ST. MICHAEL’S COLLEGELAW 3 FINAL EXAMINATION

QUESTIONNAIRE

Multiple Choice. Choose the best answer. Write the letter which corresponds to your answer ON THE ANSWER SHEET.

1. Which of the following is not an exception to the hearsay evidence rule?a. The declaration of a dying person, made under the consciousness of an impending deathb. Testimony or Deposition of a person not cross-examined at a former proceedingc. Act or declaration about pedigreed. The reputation or tradition existing in a family previous to the controversy

2. Hearsay evidence is excluded because:a. The statement obtained by the witness was not transcribed or made into writing then sworn into by himb. The party against whom it is presented is deprived to present evidence theretoc. The party against whom it is presented is deprived to cross-examine the persons to whom the statements or writings are attributedd. The statement lacks proper verification by both parties

3. Before he died, Mr. X told the police officer in labored breathing: “Mr. Y… shot …me…just…just…now… before… you… you… arrived! He… he… also… shot… shot… my… friend… lying dead… beside… me!” Then he died.a. All the statements are to be considered as dying declarationsb. The statements may be considered as parts of res gestaec. The statements are all admissionsd. The statements are not admissible because they are hearsay if repeated in court by the police officer.

4. What is that statement made by a wounded person shortly after he received several bolo stabs narrating therein the whole incident to another which is admissible in evidence as part ofa. res nullusb. res ipsa loquiturc. res judicatad. res gestae

5. Situation – A and B who are brother-in-laws, are also mortal enemies. One time, A threatened to kill B. A has a common reputation of being a killer. One night in a lighted place, A suddenly stabbed B from behind. Before A could escape, B was able to identify him. As B lay wounded, SP01 Mahabagin responded and to whom B pointed to A as the one who attacked him. SP01 arrested B on the basis of such declaration.

In the foregoing case, B’s statement identifying A as his assailant may not be considered a dying declaration because:a. B’s death is indispensableb. The declaration was not writtenc. No mention was made that B’s wound was fatald. B has a grudge against A

6. Assuming that B was dying at the time that he informed SP01 Mahabagin of the identity of his notorious assailant and believing that he was dying at the time, but he did not actually die, what basis could be used to establish the identify of A?a. Common reputationb. res gestaec. dying declarationd. declaration against interest

7. Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death?a. parol evidenceb. ante mortem statementc. suicide noted. dead man statute

8. It refers to family history or descent transmitted from one generation to another.a. inheritanceb. heritagec. pedigreed. culture

9. A kind of evidence which cannot be rebutted or overcome.a. Primaryb. Bestc. Secondaryd. Conclusive

10. These questions suggest to the witness the answers to which an examining party requires.

a. leading b. misleadingc. stupidd. Hearsaye.

11. When could an ordinary citizen give his opinion regarding the handwriting of a person?a. when he has to testify only as to the mental and emotional state of one who authorized the handwriting.b. when it is the handwriting of one whom he has sufficient familiarity.c. when he is a questioned examinerd. when he is a graduate of criminology

12. The answer of a dying person when asked about his consciousness of his impending death will be admitted as a requisite of a dying declaration if:a. He answered, “ I cannot ascertain.”b. He answered, “ I don’t know.”c. He answered, “It all depends.”d. all of the above

13. A statement favourable to or intended to advance the interests of the declarant.a. declaration against interestb. admission of the accusedc. self-serving declarationd. declaration about pedigree

14. In order for facts of public or general interest be considered as common reputation, it must have existed for:a. thirty yearsb. more than thirty yearsc. at least thirty yearsd. thirty years or more

15. A doctor who testifies as to the legality of the accused’s arrest is considered as:a. expert witnessb. ordinary witnessc. professional witnessd. competent witness

16. A psychiatrist who testifies as to the mental sanity of a person is considered as:a. expert witnessb. ordinary witnessc. professional witness

d. competent witness

17. In criminal cases, when is the proving of the good moral character or the accused allowed?a. at all timesb. only when he is presented as a witnessc. only when the accused is cross-examinedd. only when the accused is direct-examined

18. In criminal cases, when is the proving of the bad moral character or the accused allowed?a. at any time during the trialb. only when the accused is presented as a witnessc. only when the defense attempts to prove the good moral character of the accusedd. only during cross-examination

19. In criminal cases, what moral character of the offended party is allowed to be proved in court?a. bad moral characterb. good moral characterc. only when both bad moral character will tend to establish the improbability of the offense chargedd. Both a and b onlye. all of the above

20. When may the proof of bad moral character of the victim in rape cases be disallowed?a. when she is a virginb. when she is marriedc. when she was raped with violenced. when she was raped without consciousness

21. What is the quantum of evidence required in civil cases?a. clear and convincing evidenceb. substantial evidencec. preponderance of evidenced. proof beyond reasonable doubt.

22. In civil cases, the burden of proof lies with the:a. plaintiffb. defendantc. lawyerd. witnesses

23. An inference of the existence or non-existence of a fact which courts are permitted to draw from the proof of other facts.

a. conclusionb. presumptionc. evidenced. opinion

24. Which of the following is covered by mandatory judicial notice?a. official acts of the government of other statesb. the forms of government of other statesc. the constitution of other statesd. the laws of other states

25. Statement 1: Examination of witnesses is always done in an open court.Statement 2: The answers of the witness must always be given orallyStatement 3: All the answers of the witness must always appear on the transcript of record of the proceedings.a. All are trueb. All are falsec. Only 1 and 2 are trued. Only 2 and 3 are true.

26. Statement 1: Leading questions may be allowed during direct examinations.Statement 2: Misleading questions are never allowed Statement 3: Leading questions is allowed at all times for a hostile witness.a. All are trueb. All are falsec. Only 1 and 2 are trued. Only 2 and 3 are true.

27. When is a testimony of a witness offered?a. before trialb. before he starts to testifyc. when he is called to testifyd. when he is presented as a witness

28. When shall documentary and object evidence be offered?a. after presentation of the witnessesb. after the re-cross examinationc. after triald. before trial

29. It is that degree of proof which produces conviction in an unprejudiced mind.a. preponderance of evidenceb. clear and convincing evidencec. proof beyond reasonable doubtd. substantial evidence

30. Which of the following is NOT included in pedigree?a. family genealogyb. family historyc. place of birth of relatives and familyd. death of members of the family

31. Which of the following is allowed to be a witness in proving family reputation or tradition regarding pedigree?a. a grandmotherb. a mother-in-lawc. a sisterd. all of the above

32. Is the testimony offered by another as to statement of a person who was but he did not die due to efficient attention admissible as evidence?a. No, to be admissible as a dying declaration, death is indispensable.b. No, it is considered as a hearsay.c. Yes, as long as the victim thinks that he will die.d. Yes, as long as the wounds inflicted was fatal it is considered as a dying declaration.

33. 1: A dying declaration can only be made by the victim.2: A statement a part of res gestae can be made by the accused.3: A dying declaration can only be made after an attack has been committed.

a. All are trueb. Only 1 and 3 are truec. All are falsed. Only 1 is true

34. Statements made by a person after the mortal wound has been inflicted under the belief that the death is certain, stating the fact concerning the cause of and the circumstances surrounding the attack.a. ante litem motanb. ante mortemc. mortis causad. articulo mortem

35. Definite opinion of the community in which the fact to be proved is known or exists. a. opinion of an ordinary witnessb. common reputationc. presumptiond. opinion rule

36. Statements accompanying an equivocal act, on the theory that they are the verbal parts of the act to be explained.a. testimonyb. testimonial evidencec. verbal actsd. spontaneous statements

37. An inference or conclusion drawn from facts observed.a. opinion ruleb. opinionc. characterd. presumption

38. Presumptions which the law permits to be overcome or contradicted by proofs to the contrary; otherwise the same remains satisfactory.a. juris tantumb. juris et jurec. ante mortemd. ad litem

39. The fact which the party in estoppel has represented to be true is conclusively presumed as against him to be truea. estoppel by lachesb. estoppel in paisc. estoppel by deedd. estoppel by acts

40. Obligation imposed upon a party who alleges the existence of facts necessary for the prosecution of his action or defense to establish the same by the requisite quantum of evidence.a. onus probonob. onus probandic. onu decenciad. onu defense

41. Such relevant evidence as a reasonable mind might accept as sufficient to support a conclusion a. material evidenceb. substantial evidencec. relevant evidenced. circumstantial evidence

42. Rule that the fact of the occurrence of an injury taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff’s prima facie case a. Articulo mortis

b. res ipsa loquitorc. res celebrationisd. res gestae

43. Actual commission of someone of the particular crime charged. a. corpus delictib. direct evidencec. object evidenced. ocular inspection

44. The logical necessity on a party during a particular time of the trial to create a prima facie case in its favor or to destroy that created against him by presenting evidence.a. burden of proofb. burden of evidencec. presentation of evidenced. trial

45. Examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.a. trialb. direct examinationc. cross examinationd. rebuttal

46. Proof that the document being presented is the same one referred to by the witness in his testimony a. markingb. authenticationc. identificationd. offer

47. Cognizance of certain facts which judges may properly take and act on without proof.a. judicial discretionb. judicial confessionc. judicial knowledged. judicial notice.

48. That which is given by a witness who is of ordinary capacity and who has by opportunity acquired a particular knowledge which is outside the limits of common observation and which may be of value in elucidating a matter under consideration.a. opinion

b. ordinary opinionc. ordinary witnessd. common reputation

49. Statements in connection with a startling occurrence relating to that fact and in effect forming part thereof.a. testimonyb. testimonial evidencec. verbal actsd. spontaneous statements

50. A presumption of law that is not permitted to be overcome by any proof to the contrarya. juris tantumb. juris et jurec. ante mortemd. ad litem

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