Set-07-Evidence
Which of the following is considered direct evidence?
A.A witness testifying that they saw the accused shoot the victim.
B.A witness testifying that they heard a gunshot and then saw the accused running from the scene.
C.The discovery of the accused's fingerprints on the murder weapon.
D.An autopsy report showing the victim died of a gunshot wound.
Object evidence is addressed to the ______ of the court.
A.Olfactory senses
B.Auditory senses
C.Senses in general
D.Visual and tactile senses
What type of evidence is a transcript of stenographic notes?
A.Real evidence
B.Documentary evidence
C.Testimonial evidence
D.Object evidence
Evidence is deemed _______ when it has a relation to the fact in issue as to induce belief in its existence or non-existence.
A.Material
B.Competent
C.Relevant
D.Credible
A confession obtained through torture is inadmissible because it is:
A.Irrelevant
B.Immaterial
C.Incompetent
D.Hearsay
Corroborative evidence is evidence of a different kind and character that:
A.Tends to prove the same point.
B.Is sufficient of itself to establish a particular fact.
C.Is offered in addition to evidence already given.
D.Merely supplements evidence already given.
Under the Hearsay Rule, a witness can only testify to facts derived from:
A.Their personal knowledge.
B.What they have read in the newspapers.
C.What another person told them.
D.Their own opinion and speculation.
Which of the following is a recognized exception to the Hearsay Rule?
A.Dying declaration
B.Self-serving statement
C.Neighborhood gossip
D.Opinion of an expert witness
For a dying declaration to be admissible, the declarant must have been under the consciousness of a/an:
A.Impending and certain death.
B.Possible recovery.
C.Financial debt.
D.Obligation to tell the truth.
A statement made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto is known as:
A.Res gestae
B.Declaration against interest
C.Pedigree
D.Common reputation
The "shop book rule" is an exception to the hearsay rule that allows the admission of:
A.Entries in family bibles.
B.Entries made in the course of business.
C.Statements made by a dying person.
D.Common reputation in the community.
A statement is a declaration against interest if it is so far contrary to the declarant's own interest that a reasonable person would not have made the statement unless they believed it to be true. The interest must be:
A.Pecuniary or proprietary only.
B.Penal only.
C.Pecuniary, proprietary, or penal.
D.Moral or social.
The Best Evidence Rule states that when the subject of inquiry is the contents of a document, no evidence shall be admissible other than:
A.The original document itself.
B.A photocopy of the document.
C.The testimony of a witness who has read the document.
D.A summary of the document's contents.
The Best Evidence Rule applies only to:
A.Testimonial evidence
B.Object evidence
C.Documentary evidence
D.All types of evidence
When is secondary evidence of a document's contents admissible?
A.When the original is in the custody of the adverse party and they fail to produce it after reasonable notice.
B.When the original is a public record.
C.When the party offering it simply prefers to use a copy.
D.When the original is written in a foreign language.
What is the "collateral facts" exception to the Best Evidence Rule?
A.When the contents of the document are not the fact in issue.
B.When the document is used to prove a fact that is only incidental to the main issue.
C.When the document is voluminous and cannot be examined in court without great loss of time.
D.All of the above.
A "facsimile" or "fax" transmission is considered by the Rules on Electronic Evidence as:
A.An electronic document and equivalent to an original.
B.A paper-based document.
C.Inadmissible in court.
D.Secondary evidence.
Under the rule on parole evidence, when an agreement has been reduced to writing, it is considered as containing all the terms agreed upon. This is known as the:
A.Integration Rule
B.Best Evidence Rule
C.Hearsay Rule
D.Res Inter Alios Acta Rule
Who among the following is presumed competent to be a witness?
A.Any person who is not a party to the case.
B.Any person, as long as they can perceive and make known their perception to others.
C.Only persons who are of legal age and of sound mind.
D.Only experts in a particular field.
The disqualification by reason of marriage, or the spousal immunity rule, means that during their marriage, one spouse cannot testify for or against the other:
A.In any case whatsoever.
B.Without the consent of the affected spouse.
C.In criminal cases only.
D.In civil cases only.
What is the "Dead Man's Statute"?
A.A rule that prohibits testimony about conversations with a deceased person.
B.A law that governs the disposition of a deceased person's estate.
C.A rule that prevents a party from testifying against the estate of a deceased person about any matter of fact occurring before the death.
D.A statute that outlines the penalties for desecrating a grave.
The physician-patient privilege applies to:
A.Any information obtained by a physician from a patient.
B.Only information that would tend to blacken the reputation of the patient.
C.Communication made in the course of and in connection with a civil case for damages.
D.Any advice given or treatment administered by the physician.
A child witness is presumed qualified. The court shall determine the child's competence by conducting a:
A.Written examination.
B.Competency examination (voir dire).
C.Psychological evaluation.
D.Background check.
A leading question is one which:
A.Suggests to the witness the answer which the examining party desires.
B.Relates to a matter of public record.
C.Is asked by the judge.
D.Has already been answered.
Burden of proof is the duty of a party to present evidence on the facts in issue necessary to:
A.Confuse the opposing party.
B.Establish his or her claim or defense by the amount of evidence required by law.
C.Delay the court proceedings.
D.Impeach the credibility of a witness.
In a criminal case, the burden of proof rests on the:
A.Accused
B.Judge
C.Prosecution
D.Private complainant
What is meant by "equipose rule" or the "equipoise doctrine"?
A.When the evidence for the prosecution and defense are equally balanced, the scale should be tilted in favor of the accused.
B.The evidence must be weighed on a balanced scale.
C.The accused must present evidence to counter the prosecution's evidence.
D.The prosecution has the burden of proving guilt beyond a reasonable doubt.
In civil cases, the burden of proof is on the party who would be defeated if no evidence were given on either side. The standard of proof required is:
A.Proof beyond reasonable doubt
B.Clear and convincing evidence
C.Preponderance of evidence
D.Substantial evidence
A _______ 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.Presumption
B.Conclusion
C.Judgment
D.Suspicion
The presumption that a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act is an example of a:
A.Conclusive presumption
B.Disputable presumption
C.Presumption of law
D.Presumption of fact