Evidence Quiz Compilation PDF

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QUIZ 1Question 1 Tort action for injuries in a slip-and-fall; the answer admits liability but denies that plaintiff suffered any injuries in the fall. Which of the following would not be relevant evidence: Testimony that the floor was marble. Testimony that defendant’s mother’s maiden name was KAMUN...

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QUIZ 1 Question 1 Tort action for injuries in a slip-and-fall; the answer admits liability but denies that plaintiff suffered any injuries in the fall. Which of the following would not be relevant evidence: -

Testimony that the floor was marble. Testimony that defendant’s mother’s maiden name was KAMUNING. Testimony that the defendant refused to call an ambulance for the plaintiff though requested to do so. Testimony that the defendant had seen several other people slip and nearly fall in the same spot but did nothing.

Question 2 PETER sued DEBBIE for damages for injuries that PETER incurred when a badly rotten limb from a curbside tree in front of DEBBIE’s home hit PETER. DEBBIE claimed that the tree was on city property and thus was the responsibility of the city. At trial, PETER offered the testimony that a week after the accident, DEBBIE had cut the tree down with a chainsaw. The offered evidence is: -

ADMISSIBLE to show the tree was in a rotten condition. INADMISSIBLE, because it is irrelevant to the condition of the tree at the time of the accident. ADMISSIBLE, because there is a policy to encourage safety precautions. ADMISSIBLE to show the tree was on DEBBIE’s property.

Question 3 PRIMA sued DONNA for injuries PRIMA received in an automobile accident. PRIMA claimed DONNA was negligent in (a) exceeding the posted speed limit of 30 kilometers per hour; (b) failing to keep a lookout; and (c) crossing the center line. Bystander, PRIMA’s eyewitness, testified on cross-examination, that DONNA was wearing a green sweater at the time of the accident. DONNA’s counsel calls WILSON to testify that DONNA’s sweater was blue. WILSON’s testimony is: -

ADMISSIBLE as substantive evidence of a material fact. INADMISSIBLE, because it has no bearing on the capacity of Bystander to observe. ADMISSIBLE as bearing on Bystander’s truthfulness and veracity. INADMISSIBLE, because it is extrinsic evidence of a collateral matter.

Question 4 MALIKSI INC.’s counsel seeks to have the Sheriff testify that while he was investigating the accident, he was told by Petra, “This is probably our fault.” The judge should rule on the profferred evidence.

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ADMISSIBLE as an admission of a party. INADMISSIBLE, because it is a mixed conclusion of law and fact. INADMISSIBLE, because it is hearsay, not within any exception. ADMISSIBLE, because it is a statement made to a police officer in the course of an official investigation.

Question 5 Portia was injured in an automobile collision at the intersection of Session Road and Magsaysay Avenue. She sued the City, claiming that the City negligently failed to trim the trees and shrubs around the STOP SIGN at the intersection, thereby allowing the STOP SIGN to be obscured. Portia offers in evidence five letters that the City admits having received prior to the accident, all of which complain that the STOP SIGN is not visible from the road. This evidence is: -

ADMISSIBLE to prove both that the stop sign was not visible and that the city knew or should have known that. INADMISSIBLE to prove either that the STOP SIGN was not visible or that the City knew or should have known that. ADMISSIBLE to prove only that the stop sign was not visible. ADMISSIBLE to prove only that the city knew or should have known that the STOP SIGN was not visible.

Question 6 P filed a paternity case against D. P presented evidence showing that D is a promiscuous person (playboy) which was objected to by D. If P will argue that such evidence may establish that D sired the child of P and this will be allowed by the court, this illustrates the rule on: -

Multiple Admissibility Curative Admissibility Absolute Admissibility Conditional Admissibility

Question 7 In an action for breach of contract, the plaintiff is asked on cross-examination, “What did you tell the defendant after the contract was signed?” OBJECTION: “Irrelevant!” OVERRULED. On appeal, defendant can assert what grounds of error in this ruling: -

Misleading Propriety Discretionary Relevance

Question 8 A was accused of having raped X. Rule on the admissibility of a pair of short pants allegedly left by A at the crime scene. -

ADMISSIBLE as direct evidence. INADMISSIBLE for being immaterial. INADMISSIBLE for being irrelevant. ADMISSIBLE as circumstantial evidence of his liability although not sufficient in itself to support a conviction.

Question 9 May the parties stipulate waiving the rules of evidence in a court trial? -

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NO. The Rules of Evidence are designed to put order to judicial trials and are not subject to waiver. NO. The Civil Code of the Philippines does not allow waiver of procedural rules of court as it affects substantive rights. YES. The Civil Code of the Philippines (Article 6) provides that “rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, good customs or prejudicial to a third person with a right recognized by law. YES. The Rules of Evidence must be liberally construed to facilitate the attainment of justice.

Question 10 The principal function of judicial notice is to: -

Abbreviate the evidence; Dispense with the evidence; Dispense with the proceeding; Abbreviate the proceeding;

QUIZ 2 Question 1 In a case where counsel wants to show that marriage ceremony took place between H and W, the following questions were asked: Q. Mr. Witness, where were you on September 26, 2015 at around 7:40 p.m.? A. I was in the Manila Cathedral attending the wedding of H and W where I stood as principal sponsor. Q. Can you tell this court what happened when you were there? A. There was a marriage ceremony officiated by the parish priest for the marriage of H and W.

Opposing counsel objects at this stage: “Objection, Your Honor! The best evidence is the marriage contract!” Should the court sustain the objection? -

No. The best evidence rule does not apply. The wedding ceremony is an event or a fact with an existence independent of any writing. Yes. The best evidence rule applies because the subject of inquiry is the content of the document. None of the options given Yes. The best evidence rule applies because the subject matter involves a document.

Question 2 May a private document be offered and admitted both as documentary evidence and as object evidence? -

NO. A private document offered to prove its existence, condition or for any purpose other than its contents, is considered object evidence. YES. It depends on the purpose for which the document is offered. NO. A private document offered as proof of its contents, is considered documentary evidence. NO. It will depend on the discretion of the judge.

Question 3 As to form, evidence may be classified into object, documentary, and testimonial. The classification implies that: -

A piece of evidence is confined in one form; A piece of evidence could have more than one form; A piece of evidence must be assessed upon the purpose for which it is utilized; A piece of evidence must be assessed

Question 4 Under the Rules on Electronic Evidence, the admissibility of audio, photographic and video evidence of events, acts or transactions rests on: -

Their being identified by the person who made the recording; Their being shown, presented or displayed in court; Their being explained or authenticated by some other person competent to testify on the accuracy thereof;

Question 5 When is post-conviction DNA testing allowed?

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When a biological sample exists; All of the options given. When the testing would probably result in the reversal of the judgment of conviction; When the sample is relevant to the case;

Question 6 At the trial of A for violation of the Dangerous Drugs Act, the prosecution offers in evidence a photocopy of the marked bill used in the buy-bust operation. A objects to the introduction of the photocopy on the ground that the Best Evidence Rule prohibits the introduction of secondary evidence in lieu of the original. Is the photocopy of the bill real or documentary evidence? -

DOCUMENTARY EVIDENCE. The bills contain figures and pictures that are intended to convey expression. REAL EVIDENCE. The bills are manufactured and therefore are not documents under the legal definition. DOCUMENTARY EVIDENCE. The bills contain letters, words, numbers and other modes of written expression. REAL EVIDENCE. The bills were presented to show that money exchanged hands in the buy-bust operation and not to prove anything written on the bills.

Question 7 JOSE seeks to introduce in evidence a photograph of his vegetable farm in order to depict the nature and extent of the damage done. The judge should rule the photograph: -

INADMISSIBLE if it is possible to describe the damage to the vegetable farm through direct oral testimony. ADMISSIBLE if JOSE testifies that the photograph was taken within a week after the alleged occurrence. ADMISSIBLE if JOSE testifies that it fairly and accurately portrays the condition of the vegetable farm after the damage was done. INADMISSIBLE if JOSE fails to call the photographer to testify concerning the circumstances under which the photograph was taken.

Question 8 An electronic document is the equivalent of an original document under the Original Document Rule if it is a printout or output readable by sight or other means, digitally signed by the maker. -

True Maybe I don't know False

Question 9

Arvin was caught in flagrante delicto selling drugs for P200,000.00. The police officers confiscated the drugs and the money and brought them to the police station where they prepared the inventory duly signed by police officer Oscar Moreno. They were however, unable to take pictures of the items. Will this deficiency destroy the chain of custody rule in the drug case? -

No, a breach of the chain of custody rule may be offset by presentation in court of the drugs; Yes, compliance with the chain of custody rule in drug cases is the only way to prove the accused’s guilt beyond reasonable doubt. No, a breach of the chain of custody rule in drug cases, if satisfactory explained will not negate conviction; Yes, the chain of custody in drug cases must be strictly observed at all times to preserve the integrity of the confiscated items;

Question 10 Under the Rules of Electronic Evidence, "ephemeral electronic conversation" refers to the following, except: -

online chatroom sessions faxed document text messages telephone conversations

QUIZ 3 Question 1 In a rape case of a 6-year old, the prosecution presented a photocopy of the birth certificate of the victim to prove her age and which was not objected to. The admissibility and weight were later questioned in the Supreme Court. As a general rule, the primary evidence to prove a person’s age is the original birth certificate or certified copy thereof. If the original or certified copy is lost, and only the following pieces of evidence are available, in what order should each be presented? -

Testimony of victim’s mother, affidavit of the midwife, testimony of the 6-year old victim– in this order Testimony of the 6-year old victim, affidavit of the midwife, testimony of victim’s mother Affidavit of the midwife, testimony of victim’s mother, testimony of the 6-year old victim– in this order No particular order.

Question 2

When the original is in the adverse party’s custody or control, which of the following foundations must be established before secondary evidence is admitted? -

Proof of failure or refusal to produce the original document. Proof of the existence and due execution of the original. Proof that a reasonable notice was given to the adverse party to produce the original; All of the options given. Proof that the original is in the actual physical possession/custody of the adverse party or a third person in behalf of the adverse party

Question 3 What is/are the consequence/consequences of a refusal or failure to produce original documents? -

The refusing party maybe deemed to have admitted in advance the accuracy of the other party’s evidence. All of the options given. The admission of secondary evidence and its evidentiary value is not affected by the subsequent presentation of the original. The adverse party will not be permitted later to produce the original in order to contradict the other party’s evidence.

Question 4 When the original consists of numerous accounts or other documents and the fact sought to be established is a general result of the whole, what are the foundational facts to be proven before a summary is admitted in evidence? -

Proof of the general result sought. Proof of the voluminous character of the original. Availability of the original documents for inspection by the adverse party so that he can inquire into the correctness of the summary. All of the options given. Proof that the general result is capable of ascertainment by calculation or by a certain process, procedure or system.

Question 5 The principle of irremovability of public record states that public records cannot be removed or brought out from where they are officially kept. What could be the best justification for this rule? -

Great inconvenience is caused to the official custodian if he were called to present the records to the court every now and then. The possibility of loss/destruction of the documents while in transit is well guarded. The records should be made accessible at all times.

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All of the options given.

Question 6 Parole evidence is an: -

oral agreement not included in the document agreement not included in the document agreement included in the document oral agreement included in the document

Question 7 The Parole Evidence Rule applies to: -

subsequent agreements placed in issue. written agreements or contractual documents judgment on a compromise agreement. will and testaments

Question 8 The contract provides, “the company will not hold itself responsible for any loss, damage, detention over carriage of luggage, under any circumstances whatsoever, unless it has been booked and paid for as freight.” Is the language used broad enough as to exempt the company from liability for the negligent act of its servants?

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YES. The language is broad enough to cover every possible contingency including the negligent act of the company’s servants. NO. An exemption in general words not expressly related to negligence even though the words are wide enough to include loss by negligence or default by carrier’s servants must be construed as limiting the liability of the carrier as assurer, and not as relieving him from the duty of exercising reasonable skill and care.

Question 9 In case of libel and the issue is the identity of the author of the libel as published in the newspaper, which is the original? -

The letter sent to the media The newspaper publication

Question 10 A photocopied a letter by B to C and A changed the contents by inserting libelous matters against C. If the issue is whether the letter is libelous or not, what is the original document?

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The photocopied letter. The original letter of B to C.

QUIZ 4 Question 1 In a murder prosecution, the prosecutor calls the house counsel for accused’s computer corporation to testify that on the night of the crime, she received a phone call from the accused’s wife who said, “JOSE (the accused) just called me from jail to say that police have arrested him for murdering his business partner and he wants me to burn some letters in his desk. What should I do?” The witness testifies further that she replied, “How the hell should I know – I’m not a criminal defense lawyer! Call my classmate, GARY K. – maybe he can help you.” The statement of the wife is: -

Inadmissible if the wife claims the attorney-client privilege Admissible Inadmissible as hearsay. Inadmissible if the husband claims the spousal communications privilege

Question 2 In a murder prosecution: To support a claim of self-defense, the accused calls the victim’s psychiatrist to testify that in her opinion, the victim was a homicidal maniac. The testimony is: -

Inadmissible evidence of character Inadmissible if the psychiatrist claims the psychotherapist privilege Inadmissible as opinion evidence Admissible

Question 3 Accused, Dr. AB, famed law professor is charged with criminal destruction of property. Dr. CB is called as a witness by the defense in this criminal trial, with the expectation that he will testify that he, not accused Dr. AB destroyed the valuable, highly-modified Ford F-150, by setting it on fire. Dr. CB is a doctor/consultant of the Baguio General Hospital for the Criminally Insane. Prior to this offer of testimony, in separate proceedings alleging that he had murdered a hospital orderly during an escape attempt, Dr. CB was found to be criminally insane and incompetent to stand trial. Among certain other personal quirks, he has publicly stated that he is a Red Avenger from Planet Krypton and that he must return to the Eighth Dimension to rescue his army, in order to conquer the universe, starting with Planet Earth. The prosecution objects that Dr. CB is incompetent to testify. The court cannot possibly find Dr. CB competent to testify. -

True False

Question 4 The prosecution presented E, a deaf mute whose testimony was interpreted by a teacher from the dear and dumb school. During the course of interpretation, there were times when the interpreter could not make out what the witness meant by such signs she used because the deaf-mute had never been a pupil of the interpreter nor had the latter given her an opportunity to acquire some knowledge of the meaning of the signs the deaf-mute used. Would it be prudent to admit the dear-mute’s testimony as interpreted by the teacher? -

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NO. The interpreter who is to communicate with the deaf-mute the meaning of the latter's signs must have taught the deaf-mute or, at the very least, acquired knowledge of them through frequent contact with the deaf-mute. YES. A deaf-mute is not disqualified because he can still perceive and perceiving can make known his perception to others through the signs he makes. The interpreter's task is to convey the deaf-mute's signs based on his/her (the interpreter's) own interpretation.

Question 5 The only question to be determined in this case is whether the accused is guilty of murder or simple homicide. The crime was committed with evident premeditation and therefore constituted murder and can be sustained only by taking into consideration Exhibit L, a letter written to the accused by his wife and seized by the police in searching his effects on the day of his arrest. The letter shows that the letter writer (the wife) feared that the accused contemplated resorting to physical violence in dealing with the deceased. Is the letter admissible? -

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The letter is admissible. Where privileged communication from one spouse to another comes into the hands of a third party, whether legally or not, without collusion or voluntary disclosure on the part of either of the spouses, the privilege is thereby extinguished and the communication, if otherwise competent, becomes admissible. The letter is not admissible. The privileged nature of the communication does not lose its character in the hands of the police. Society has a deeply rooted interest in the preservation of peace of families and its strongest safeguard is to preserve with jealous care any violations of those hallowed confidences inherent and inseparable from the marital status.

Question 6 In an action for legal separation ...