q&a evidence

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  • 7/24/2019 Q&A Evidence.

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    1. The Parole Evidence Rule applies to:a. Subsequent agreement placed

    on issueb. Written agreement or

    contractual documentsc.

    Judgment on a compromise

    agreementd. Will and testaments

    2. !ero" cop# o$ a document:a. %s admissibleb. &ould be admissiblec. 'ever admissibled. Has a probative value

    (. TR)E *R FALSE: in general+ the Parole

    Evidence Rule is designed to give

    certaint# to all transactions+ preserve

    the reliabilit# and protect the sanctit#

    o$ the agreement.

    ,. %t re$ers to an# evidence to prove the

    contents o$ a document other than the

    original document itsel$. SECONDAR

    E!"DENCE.

    -. %t is an# evidence in aliunde+ hether

    oral or ritten+ hich is intended or

    tends to var# or contradict a complete

    and en$orceable agreement embodied

    in a document. #AROLE E!"DENCE.

    /. $R%E *R 0SE: %n general3 the

    Parole Evidence Rule applies onl# to

    contractual documents.

    4. $R%E*R 0SE: The Parole Evidence

    Rule does not appl# here at least one

    part# to the suit is not a part# 5 nor a

    priv# to a part# 5 to the ritten

    instrument and does not base his

    claim+ nor assert his right arising $rom

    the instrument or established therein.

    6. $R%E *R 0SE: 7ue e"ecution o$ a

    riting ma# be proved b# parole

    evidence.

    8. $R%E *R 0SE: %n order that the

    parole evidence ma# be admissible+

    the mista9e or imper$ection o$ the

    document+ or its $ailure to e"press the

    true intent and agreement o$ the

    parties+ or the validit# o$ the

    agreement3 must be put in issue b#

    the pleadings. Where the plainti

    $ailed to allege an# such $act in his

    complaint+ he cannot introduce parole

    evidence thereon.

    1;. %t is the principle that public records

    cannot be removed or brought out

    $rom here the# are o proposals and is the =nal

    and sole repositor#+ memorial and

    evidence o$ hat as =nall# agreed

    upon. #R"NC"#LE OF

    "N$ERRO(A$"ON OF )%RAL AC$S

    12. $R%E*R 0SE: The Parole Evidence

    Rule does not appl# to collateral

    agreements. P'? vs. Seeto+ 18-23

    1(. %t means that the

    instrument@document itsel$ is clear and

    certain on its $ace but the ambiguit#

    arises $rom some e"trinsic+ collateral

    or outside $actor+ thus there is

    uncertaint# as to ho the terms are to

    be en$orced. LA$EN$*"N$R"NS"C.

    1,. %n cases o$ secondar# evidence+ ho

    has the burden o$ proo$A $HE

    OFFEROR OF $HE SECONDAR

    E!"DENCE HAS $HE '%RDEN OF

    #ROOF.

    1-. *ne o$ these statements are not

    correct: The Parole Evidence Rule 5a. pplies onl# to ritten

    agreement and illsb. pplies onl# to parties thereto

    and their successors>in>interestc. 7oes not appl# to a part# to a

    suit ho is not a signator# or

    ho does not derive a right

    $rom such signator# to the

    ritten agreement or illd. Applies to all parties to a

    suit regardless o+ ,-et-er

    t-e are parties or not to or

    derive t-eir rig-t under a

    ,ritten agreement or ,ill

    involve in a suit.

    1/. TR)E *R FALSE: The oeror+ upon

    proo$ o$ its e"ecution@e"istence and

    cause o$ its unavailabilit#+ ithout bad

    $aith on his part+ ma# prove its

    contents+ in no particular order.a. cop#B

  • 7/24/2019 Q&A Evidence.

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    b. recital o$ its contents in some

    authentic documentB

    c. The testimon# o$ the itness.