- 1. It assumes recognition of guilt in criminal
A) Confession
B) Arbitration
C) Compromise
D) Admission
- 2. It is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced.
A) Admission
B) Mediation
C) Concession
D) Compromise
- 3. An act or declaration made in the presence and within the hearing observation of party who does not say anything when the act or declaration is such as naturally to call for action or comment if not true and when proper and possible for him to do so may be given in evidence against him.
A) Admission by silence
B) Agreement
C) Estoppel
D) Tacit
- 4. The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. This refers to:
A) Ante mortem statement
B) Hearsay evidence
C) Exception to hearsay
D) Hearsay rule
- 5. The deceased's or unsound mind's previous statement can never be utilized to refute the adverse party's introduction of evidence about an assertion of fact prior to the death of the deceased or before the person became of unsound mind. This refers to:
A) Interested survivor
B) dead man's act
C) All of these
D) dead man's statute
- 6. If the secondhand evidence from the witness is not an assertion of the truth of what is imparted to the court, but is simply a depiction of the tenor of the external evidence, it can be judicially permitted if relevant to the fact in issue.
This refers to:
A) Exception to hearsay rule
B) Rule on admissibility of hearsay evidence
C) Doctrine of independently relevant statement
D) All of these.
- 7. It refers to a spontaneous reaction or a verbal act.
A) Startling occurrence
B) Res gestae
C) Admission of hearsay rule
D) Hearsay rule
- 8. It refers to a person having a part or interest in any action, matter, or thing.
A) Cohort
B) Agent
C) Privy
D) Conspirator
- 9. Qui tacet consentire videtur means
A) He who is silent appears to consent
B) Admission by silence
C) He who does not speak up admits
D) Admission by inaction
- 10. If the probative value of an evidence is not based on the personal knowledge of the witness but on the knowledge of another person who is not on the witness stand, such is known as:
A) Incompetent evidence
B) Hearsay evidence
C) Inadmissible evidence
D) None of these.
- 11. The quantum of proof required in a criminal case is:
A) Substantial evidence
B) Convincing evidence
C) Proof beyond reasonable doubt
D) Preponderance of evidence
- 12. The following need not be proved, except
A) Judicial admissions
B) Contested allegations
C) Presumptions
D) Judicial notice
- 13. It is an inference of the existence or non-existence of a fact which courts are permitted to draw from the proof of other facts.
A) Allegation
B) Conclusion
C) Speculation
D) Presumption
A) Proposition
B) Burden of evidence
C) Situs of the crime
D) Burden of proof
- 15. The following should be proved by the defense, except:
A) Mitigating circumstances
B) Elements of the crime charged
C) Justifying circumstances
D) Absolutory causes
- 16. Which of the following is a conclusive presumption?
A) Estoppel in pais
B) That a writing or document is truly dated
C) Presumption of regularity of performance of duty of public officers
D) Presumption of innocence
- 17. The following should be proved by the prosecution, except:
A) Absolutory causes
B) Identity of the accused
C) Aggravating circumstances
D) Affirmative allegations on the elements of the crime charged
- 18. It is the 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) Burden of the prosecution
B) Merit of the case
C) Burden of proof
D) Probable cause
- 19. Burden of proof and presumptions are covered under
A) Rule 128, Rules of Court
B) Rule 131, Rules of Court
C) Rule 129, Rules of Court
D) Rule 130, Rules of Court
- 20. Which of the following is admissible evidence?
A) Opinion of an ordinary witness
B) Independently relevant statement
C) Hearsay
D) Statement covered by the dead man's statute
- 21. In summary cases, what constitutes the direct testimony of the witness?
A) His/Her affidavit
B) Hls/Her counter-affidavit
C) His/Her affidavit or counter-affidavit
D) None of these.
- 22. If the testimony of the witness was not subjected to cross examination, such is considered:
A) Bias
B) Prejudiced
C) Self-serving
D) Impartial
- 23. The determination as to the fitness of the witness to testify is upon the determination and discretion of the:
A) Prosecutor
B) Opposing counsel
C) Judge
D) Defense counsel
- 24. May the judge propound or ask questions to the witness in direct or cross examination?
A) None of these.
B) Yes, by asking the question directly only
C) Yes, either directly or by suggesting the question to counsel.
D) Yes, by suggesting a question to counsel only.
- 25. The one conducting the direct examination of the witness is
A) The prosecutor
B) The defense counsel
C) The counsel of the adverse party.
D) The counsel or lawyer of the party presenting such witness
- 26. In civil cases, the open court testimony of a witness may be supplanted by:
A) Deposition
B) By records of the preliminary investigation by the prosecutor.
C) By direct examination by the prosecutor.
D) By cross examination by the opposing party's counsel.
- 27. To be admissible, the testimony of the witness must be given in open court. Open court means:
A) Before the prosecutor and the defense counsel
B) Before the prosecutor, the defense counsel & the judge
C) Before the judge and the public.
D) Before the public and the prosecutor.
- 28. The cross examination of the witness is conducted by:
A) The counsel of the opposing party.
B) The defense counsel.
C) The prosecutor
D) The counsel of the proponent.
- 29. The judicial affidavit of the witness is required in the following, except:
A) All of these
B) Criminal cases punishable by reclusion pertpetua
C) Civil cases
D) Criminal cases which penalty does not exceed 6 years of imprisonment
- 30. The prosecution of the criminal case is under the supervision and control of:
A) The judge
B) The amicus curiae
C) The defense counsel
D) The prosecutor
- 31. The witness cannot be detained longer that necessary when he testifies in court. This is also in consonance with the:
A) One-Day Witness Rule
B) Contempt rule
C) Speedy trial rule
D) None of these
- 32. There are laws which grant immunity to witnesses in case they be incriminated or charged as a result of their testimony. This also removes the right of the witness to invoke the right against self-incrimination
A) Immunity from suits
B) Immunity statutes
C) Witness shield rule
D) Right against self-incrimination waiver
- 33. The person who executed an affidavit is known as the:
A) Truant
B) Attestator
C) Declarant
D) Affiant
- 34. It refers to the freedom to decide what should be done in a particular situation. Usually, the judge uses this in asking clarificatory questions.
A) Wisdom
B) Acumen
C) Discretion
D) Intelligence
- 35. It refers to the postponement of a court proceeding to a later date.
A) Continuance
B) Retrial
C) Resetting
D) Postponement
- 36. Which of the following courts are not categorized as First Level Courts?
A) Municipal Trial Court in Cities
B) Municipal Circuit Trial Court
C) Regional Trial Court
D) Metropolitan Trial Court
- 37. If the person who executed an affidavit or counter-affidavit fails to testify to affirm his affidavit in court, his affidavit cannot be admitted in evidence being
A) Invalid
B) Unattested
C) Hearsay
D) Unverified
- 38. The persons who appear in court and who are involved in a lawsuit are generally known as:
A) Litigants
B) Complainants
C) Defendants
D) Plaintiffs
- 39. The first questioning of a witness by the party that called them to the stand
A) Direct examination
B) Cross examination
C) Preliminary examination
D) Rebuttal
- 40. The judge may ask questions during the direct examination or even during the cross examination to the witness on the stand. This is known as
A) Clarificatory questioning
B) Judicial questioning
C) None of these.
D) Incriminatory questioning
- 41. It is a question that suggests the answer the questioner wants to hear.
A) Misleading question
B) Leading question
C) Clarificatory question
D) Random question
- 42. The opposing party uses this to weaken a witness's credibility and to obtain testimony that supports their case.
A) Re-cross examination
B) Direct examination
C) Re-direct examination
D) Cross examination
- 43. This kind of examination of the witness is to allow an attorney to question their own witnesses to present evidence that supports their case.
A) Re-direct examination
B) Cross examination
C) Direct examination
D) Re-cross examination
- 44. The party asking direct examination questions to the witness is the:
A) Opponent
B) The magistrate
C) Proponent
D) The Court
- 45. In which examination of the witness may the Judicial Affidavit of the said witness supplant his open court testimony?
A) Re-direct examination
B) Direct examination
C) Cross examination
D) Re-cross examination
- 46. On appeal to the Court of Appeals or the Supreme court, the Plaintiff in a criminal case or the People of the Philippines will be represented by
A) The Secretary of Justice
B) The Office of the Solicitor General
C) The Public Prosecutor
D) The Ombudsman
- 47. If the criminal case has a penalty of less than a year of imprisonment, the parties must first undergo conciliation proceedings in the:
A) Barangay
B) The Tanod
C) The Court
D) The Prosecutor
- 48. The Judiciary is headed by the:
A) The President
B) The Ombudsman
C) Secretary of Justice
D) Chief Justice
- 49. If the case had been decided by the Regional Trial Court and the accused would want to appear his conviction, what court should he file the appeal?
A) Court of Appeals
B) Supreme Court
C) Sandiganbayan
D) Ombudsman
- 50. Leading questions are not generally allowed in:
A) Cross examination
B) Re-direct examination
C) Clarificatory questioning by the court
D) Direct examination
- 51. When the question which assumes facts not on record is asked on direct examination, it is objectionable for:
A) Misleading
B) Lack of basis
C) Assuming
D) Leading
- 52. This is done to to reexamine the witness and to repeat any or all of the questions asked during the examination in chief
A) Disqualification of a witness
B) Impeachment of a witness
C) Recall of a witness
D) Exclusion of a witness
- 53. After the cross-examination of the witness has been concluded, he or she may be re-examined by the party calling him or her to explain or supplement his or her answers given during the cross-examination. This refers to
A) None of these.
B) Clarificatory questioning
C) Re-direct examination
D) Direct examination
- 54. The purpose of the questioning is to test the witness' accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue
A) Direct examination
B) Re-cross examination
C) Cross examination
D) Re-direct examination
- 55. If the witness has adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand, he may be declared as
A) Unwilling witness
B) Disinterested witness
C) Adverse witness
D) Hostile witness
- 56. It is the process of using evidence to show that a witness's perception, memory, or truthfulness is flawed
A) Excluding a witness
B) None of these.
C) Incriminating a witness
D) Impeaching a witness
- 57. A witness may be allowed to refresh his or her memory respecting a fact by anything written or recorded by himself or herself, or under his or her direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his or her memory and he or she knew that the same was correctly written or recorded. This is known as
A) Simple recall rule.
B) Recollecting a memory.
C) Revival of present memory
D) Refreshing a memory.
- 58. If an inadmissible evidence is being offered, the opposing party must
A) Concur
B) Object
C) Dissuade
D) Dissent
- 59. Laying the predicate in impeaching a witness consists of
A) All of these
B) By confronting him with such statements; with the circumstances under which they were made
C) By giving him a chance to explain the inconsistency
D) By asking him whether he made such statement
- 60. If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. This is known as
A) All of these
B) Exclusion of evidence
C) Tender of excluded evidence
D) Recalling an evidence
- 61. They refer to statements, oral or documentary, made by the witness sought to be impeached on occasions other than the trial in which he is testifying
A) Contradictory evidence
B) Corroborative evidence
C) Prior inconsistent statements
D) Inadmissible evidence
- 62. Who make a ruling as to admissibility of evidence?
A) The judge
B) The parties
C) The defense counsel
D) The prosecutor
- 63. It refers to other testimony of the same witness, or other evidence presented by him in the same case
A) Contradictory evidence
B) Cumulative evidence
C) Corroborating evidence
D) None of these
- 64. A witness may also testify from such a writing or record, though he or she retains no recollection of the particular facts, if he or she is able to swear that the writing or record correctly stated the transaction when made. This is known as
A) Refreshing a past memory.
B) Revival of present memory
C) Revival of past recollection
D) Recollecting the past
- 65. The judge can also separate witnesses to prevent improper influence during the trial. This is known as
A) Exclusion of a witness
B) Impeaching a witness
C) Corroborating a witness
D) None of these.
- 66. If the parties failed to reconcile in the barangay confrontation, what must be issued so that the case may be filed?
A) Certificate of failed conciliation
B) Certificate of failure to conciliate
C) Certificate to elevate case
D) Certificate to file action
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