Practice Exam: CLJ - Rules on Evidence (Set 35)
30-question practice exam on admissibility of evidence, burden of proof, and testimonial rules.
1. For evidence to be admissible in court, it must be relevant and what other characteristic?
A.Conclusive
B.Competent
C.Corroborative
D.Material
2. In a trial for theft, the prosecution attempts to introduce evidence of the accused's previous conviction for libel. How should the court rule on the admissibility of this evidence?
A.Admit it as it shows the accused's bad moral character.
B.Reject it because it is not relevant to the crime of theft.
C.Admit it as evidence of a habit or custom.
D.Reject it because it is hearsay.
3. Which of the following best defines "competent evidence"?
A.Evidence that proves the ultimate fact in issue.
B.Evidence that is addressed to the senses of the court.
C.Evidence that is not excluded by the Constitution, the law, or the Rules of Court.
D.Evidence that has a tendency in reason to establish the probability or improbability of a fact in issue.
4. Police officers, without a warrant, searched Juan's house and found the murder weapon. There were no exigent circumstances. The weapon is considered:
A.Admissible, because it is crucial to the case.
B.Inadmissible, because it is irrelevant.
C.Inadmissible, because it is incompetent.
D.Admissible, as an exception to the warrant requirement.
5. "Collateral matters" are generally not allowed, except when they tend in any reasonable degree to:
A.Confuse the court with irrelevant details.
B.Establish the probability or improbability of the fact in issue.
C.Prove the good moral character of the accused.
D.Contradict the witness on every point.
6. In a criminal case, who has the burden of proving the guilt of the accused?
A.The accused, to prove his innocence.
B.The court, to find the truth.
C.The prosecution, to prove guilt beyond a reasonable doubt.
D.The victim, to seek justice.
7. What quantum of evidence is required to overcome the presumption of innocence in a criminal proceeding?
A.Preponderance of evidence
B.Substantial evidence
C.Proof beyond a reasonable doubt
D.Clear and convincing evidence
8. Which of the following statements accurately distinguishes "burden of proof" from "burden of evidence"?
A.They are the same and can be used interchangeably.
B.Burden of proof shifts from one party to the other, while burden of evidence remains fixed.
C.Burden of proof never shifts, while burden of evidence may shift during the trial.
D.Burden of evidence is on the prosecution, while burden of proof is on the accused.
9. The legal conclusion that a person intends the ordinary consequences of his voluntary act is an example of a:
A.Conclusive presumption
B.Disputable presumption
C.Burden of evidence
D.Suspicion
10. 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:
A.A conclusive presumption.
B.A guarantee of guilt.
C.A disputable presumption.
D.Not a valid presumption in Philippine law.
11. Who is generally qualified to be a witness in a legal proceeding?
A.Only adults of sound mind.
B.Only individuals who have never been convicted of a crime.
C.All persons who can perceive, and perceiving, can make known their perception to others.
D.Only experts in a particular field.
12. Under the Marital Disqualification Rule, a husband cannot be examined for or against his wife without her consent. When does this rule apply?
A.Only during the marriage.
B.During and after the marriage.
C.Only after the marriage has been annulled.
D.It applies even if the case is a civil case filed by the husband against the wife.
13. A 6-year-old child witnessed a crime. Can the child testify in court?
A.No, the child is too young to understand the proceedings.
B.No, children are not competent witnesses.
C.Yes, provided the child is found competent by the court to perceive and communicate.
D.Yes, but the testimony must be corroborated by an adult.
14. What is the main purpose of the "physician-patient privilege"?
A.To protect doctors from malpractice suits.
B.To encourage patients to fully disclose their medical history to a physician for proper treatment.
C.To prevent the spread of communicable diseases.
D.To allow doctors to refuse to testify in court.
15. An attorney cannot, without the consent of their client, be examined as to any communication made by the client to them. This is known as:
A.Marital Disqualification
B.Dead Man's Statute
C.Attorney-Client Privilege
D.Physician-Patient Privilege
16. What is the core principle of the Best Evidence Rule?
A.The most convincing evidence must always be presented.
B.The original document must be produced when its contents are the subject of inquiry.
C.A written document is superior to oral testimony.
D.All evidence must be the best that the party can produce.
17. A party wishes to prove the contents of a lost Deed of Sale. What must they do first before presenting a photocopy?
A.Secure a court order.
B.Get the consent of the opposing party.
C.Prove the due execution and subsequent loss or unavailability of the original without bad faith.
D.Have the photocopy authenticated by a notary public.
18. The "Parol Evidence Rule" dictates that:
A.Oral evidence is inadmissible to prove the contents of a document.
B.A party can use oral testimony to clarify ambiguous terms in a contract.
C.When an agreement has been reduced to writing, its terms are considered to contain all the terms agreed upon and no other evidence can be admitted to add to, contradict, or vary its terms.
D.Parolees are not allowed to testify against their probation officers.
19. Which of the following is NOT a valid exception to the requirement of producing the original document?
A.When the original is in the custody of the adverse party who fails to produce it after reasonable notice.
B.When the original consists of numerous accounts that cannot be examined in court without great loss of time.
C.When the party presenting a copy believes it to be more accurate than the original.
D.When the original is a public record in the custody of a public officer.
20. How can a private document be authenticated in court?
A.By simply presenting it to the judge.
B.By anyone who saw the document executed or written, or by evidence of the genuineness of the signature or handwriting of the maker.
C.By a certification from the police.
D.By the testimony of any person who has seen the document.
21. A bloody knife found at the crime scene and presented in court is an example of what kind of evidence?
A.Documentary evidence
B.Object (Real) evidence
C.Testimonial evidence
D.Hearsay evidence
22. In criminal cases involving seized illegal drugs, the "chain of custody" is crucial to:
A.Determine the market value of the drugs.
B.Identify the drug lord behind the transaction.
C.Guarantee the integrity of the physical evidence and prove that the substance presented in court is the same one seized.
D.Expedite the trial process.
23. When a court decides to go to the location of the crime to observe the scene for themselves, this is called:
A.A judicial notice.
B.A view of the premises or ocular inspection.
C.A re-enactment.
D.A deposition.
24. For a DNA sample to be admissible as evidence, what is a primary requirement?
A.The sample must be taken within 24 hours of the crime.
B.The scientific method or technique used to generate the DNA profile must be reliable and properly applied.
C.The suspect must consent to the DNA comparison.
D.The DNA result must be 100% conclusive.
25. Which of the following is a key characteristic of object evidence?
A.It requires an expert to interpret it.
B.It is always circumstantial.
C.It speaks for itself and is addressed to the court's senses.
D.It must be in writing.
26. A witness testifies in court, "My neighbor told me that she saw the accused running from the house." This testimony is:
A.Admissible as part of the res gestae.
B.Inadmissible because it is hearsay.
C.Admissible because it is a dying declaration.
D.Inadmissible because it is irrelevant.
27. Which of the following is NOT an exception to the Hearsay Rule?
A.Dying Declaration
B.Part of the Res Gestae
C.Self-serving statement
D.Declaration against interest
28. A statement made by a person, believing they are at the point of death, concerning the cause and surrounding circumstances of their impending death, is known as a:
A.Dying Declaration
B.Confession
C.Admission
D.Part of the Res Gestae
29. A witness testifies that during a bank robbery, they heard a security guard shout, "He's getting away in a blue car!" This statement can be admitted as:
A.A confession.
B.A dying declaration.
C.Part of the res gestae.
D.An admission.
30. What is the reason for the "res gestae" exception to the hearsay rule?
A.The declarant is unavailable to testify.
B.The statement is against the declarant's own interest.
C.The statement is made spontaneously during a startling event, leaving no opportunity for fabrication.
D.The statement was made under the consciousness of impending death.