q&a evidence
TRANSCRIPT
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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
$aith on his part+ ma# prove its
contents+ in no particular order.a. cop#B
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7/24/2019 Q&A Evidence.
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b. recital o$ its contents in some
authentic documentB
c. The testimon# o$ the itness.