ST. MICHAELS COLLEGE LAW 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 death b. Testimony or Deposition of a person not cross-examined at a former proceeding c. Act or declaration about pedigree d. 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 him b. The party against whom it is presented is deprived to present evidence thereto c. The party against whom it is presented is deprived to cross-examine the persons to whom the statements or writings are attributed d. The statement lacks proper verification by both parties 3. Before he died, Mr. X told the police officer in labored breathing: Mr. Y shot mejustjustnow 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 declarations b. The statements may be considered as parts of res gestae c. The statements are all admissions d. 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 of a. res nullus b. res ipsa loquitur c. res judicata d. 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, Bs statement identifying A as his assailant may not be considered a dying declaration because: a. Bs death is indispensable b. The declaration was not written c. No mention was made that Bs wound was fatal d. 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 reputation b. res gestae c. dying declaration d. 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 evidence b. ante mortem statement c. suicide note d. dead man statute 8. It refers to family history or descent transmitted from one generation to another. a. inheritance b. heritage c. pedigree d. culture 9. A kind of evidence which cannot be rebutted or overcome. a. Primary b. Best c. Secondary d. Conclusive 10. These questions suggest to the witness the answers to which an examining party requires.

a. leading b. misleading c. stupid d. Hearsay e. 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 examiner d. 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 dont 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 interest b. admission of the accused c. self-serving declaration d. 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 years b. more than thirty years c. at least thirty years d. thirty years or more 15. A doctor who testifies as to the legality of the accuseds arrest is considered as: a. expert witness b. ordinary witness c. professional witness d. competent witness 16. A psychiatrist who testifies as to the mental sanity of a person is considered as: a. expert witness b. ordinary witness c. 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 times b. only when he is presented as a witness c. only when the accused is cross-examined d. 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 trial b. only when the accused is presented as a witness c. only when the defense attempts to prove the good moral character of the accused d. 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 character b. good moral character c. only when both bad moral character will tend to establish the improbability of the offense charged d. Both a and b only e. 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 virgin b. when she is married c. when she was raped with violence d. when she was raped without consciousness 21. What is the quantum of evidence required in civil cases? a. clear and convincing evidence b. substantial evidence c. preponderance of evidence d. proof beyond reasonable doubt. 22. In civil cases, the burden of proof lies with the: a. plaintiff b. defendant c. lawyer d. 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. conclusion b. presumption c. evidence d. opinion 24. Which of the following is covered by mandatory judicial notice? a. official acts of the government of other states b. the forms of government of other states c. the constitution of other states d. 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 orally Statement 3: All the answers of the witness must always appear on the transcript of record of the proceedings. a. All are true b. All are false c. Only 1 and 2 are true d. 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 true b. All are false c. Only 1 and 2 are true d. Only 2 and 3 are true. 27. When is a testimony of a witness offered? a. before trial b. before he starts to testify c. when he is called to testify d. when he is presented as a witness 28. When shall documentary and object evidence be offered? a. after presentation of the witnesses b. after the re-cross examination c. after trial d. before trial 29. It is that degree of proof which produces conviction in an unprejudiced mind. a. preponderance of evidence

b. clear and convincing evidence c. proof beyond reasonable doubt d. substantial evidence 30. Which of the following is NOT included in pedigree? a. family genealogy b. family history c. place of birth of relatives and family d. 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 grandmother b. a mother-in-law c. a sister d. 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. b. c. d. All are true Only 1 and 3 are true All are false 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 motan b. ante mortem c. mortis causa d. articulo mortem 35. Definite opinion of the community in which the fact to be proved is known or exists.

a. opinion of an ordinary witness b. common reputation c. presumption d. opinion rule 36. Statements accompanying an equivocal act, on the theory that they are the verbal parts of the act to be explained. a. testimony b. testimonial evidence c. verbal acts d. spontaneous statements 37. An inference or conclusion drawn from facts observed. a. opinion rule b. opinion c. character d. presumption 38. Presumptions which the law permits to be overcome or contradicted by proofs to the contrary; otherwise the same remains satisfactory. a. juris tantum b. juris et jure c. ante mortem d. ad litem 39. The fact which the party in estoppel has represented to be true is conclusively presumed as against him to be true a. estoppel by laches b. estoppel in pais c. estoppel by deed d. 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 probono b. onus probandi c. onu decencia d. onu defense 41. Such relevant evidence as a reasonable mind might accept as sufficient to support a conclusion a. material evidence b. substantial evidence c. relevant evidence

d. 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 plaintiffs prima facie case a. Articulo mortis b. res ipsa loquitor c. res celebrationis d. res gestae 43. Actual commission of someone of the particular crime charged. a. corpus delicti b. direct evidence c. object evidence d. 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 proof b. burden of evidence c. presentation of evidence d. trial 45. Examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. a. trial b. direct examination c. cross examination d. rebuttal 46. Proof that the document being presented is the same one referred to by the witness in his testimony a. marking b. authentication c. identification d. offer 47. Cognizance of certain facts which judges may properly take and act on without proof. a. judicial discretion

b. judicial confession c. judicial knowledge d. 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 opinion c. ordinary witness d. common reputation 49. Statements in connection with a startling occurrence relating to that fact and in effect forming part thereof. a. testimony b. testimonial evidence c. verbal acts d. spontaneous statements 50. A presumption of law that is not permitted to be overcome by any proof to the contrary a. juris tantum b. juris et jure c. ante mortem d. ad litem

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