This document contains a sample exam for a Criminal Evidence course. It consists of 84 multiple choice questions testing various concepts in criminal evidence law, including types of evidence (real, documentary, testimonial), rules of evidence (hearsay, best evidence rule, burden of proof), witness competency and credibility, and elements of crimes (corpus delicti). The questions cover topics like admissibility of evidence, impeachment of witnesses, presumptions, and qualifications of expert testimony.
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
This document contains 20 multiple choice questions about criminal law and evidence. The questions cover topics like examination of child witnesses, dying declarations, rules on electronic evidence, elements of theft, defenses in drug cases, presentation of informants, doctrines of admissibility, presumption of foreign law, types of evidence, admissibility of illegally obtained evidence, fact-finding in trials, judicial notice, false in one thing false in everything doctrine, credibility of delayed reporting, weight of negative testimony, factum probandum and probans, examination of witnesses in court, and misleading questions. Answer options for each multiple choice question are also provided.
This document contains mock bar examination questions in civil law. It includes 30 multiple choice questions testing various concepts in civil law, including wills and succession, contracts, property, and obligations. The questions cover topics such as validity of wills, disinheritance of heirs, rights of co-owners, modes of acquiring ownership, and remedies for private nuisances.
This document provides clarification on several issues regarding the mock trial case State of Harmony v. Riley Green. It answers questions about witness statements, the interpretation of rules and exhibits, gender of roles, and the order of presentations. Specifically, it confirms that all roles can be played by any gender, and that the defense has the burden of proof so will present first at trial.
A civil case involves pleadings by both parties, discovery, pretrial discussions to settle or prepare for trial, a trial with verdict, and potential appeal. A criminal case involves arrest, a hearing, indictment or grand jury process, arraignment and plea, potential trial, verdict, sentencing, and appeal. Both types of cases aim to determine responsibility and resolve disputes, but have different burdens of proof and potential penalties.
Involuntary manslaughter can occur through three means: unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. Unlawful act manslaughter involves an unlawful act by the defendant that causes death, even if they did not intend or foresee death. The unlawful act must be dangerous and pose a risk of harm based on an objective standard. Gross negligence manslaughter involves breaching a duty of care owed to the victim in a very negligent way that causes their death. Reckless manslaughter continues to be an offense despite being thought to no longer exist after Adamako, though it is difficult to see why it is necessary separate from gross negligence manslaughter.
The Criminal Attempts Act 1981 aimed to improve the law on attempts but its success is debated. The Act defines attempt as having an actus reus of conduct beyond preparation and a mens rea of intent to commit the full offense. However, subsequent cases have struggled to consistently apply tests to determine what is merely preparatory. The Law Commission now recommends amending the Act to avoid cases where dangerous individuals escape liability and to better protect the public.
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
This document contains 20 multiple choice questions about criminal law and evidence. The questions cover topics like examination of child witnesses, dying declarations, rules on electronic evidence, elements of theft, defenses in drug cases, presentation of informants, doctrines of admissibility, presumption of foreign law, types of evidence, admissibility of illegally obtained evidence, fact-finding in trials, judicial notice, false in one thing false in everything doctrine, credibility of delayed reporting, weight of negative testimony, factum probandum and probans, examination of witnesses in court, and misleading questions. Answer options for each multiple choice question are also provided.
This document contains mock bar examination questions in civil law. It includes 30 multiple choice questions testing various concepts in civil law, including wills and succession, contracts, property, and obligations. The questions cover topics such as validity of wills, disinheritance of heirs, rights of co-owners, modes of acquiring ownership, and remedies for private nuisances.
This document provides clarification on several issues regarding the mock trial case State of Harmony v. Riley Green. It answers questions about witness statements, the interpretation of rules and exhibits, gender of roles, and the order of presentations. Specifically, it confirms that all roles can be played by any gender, and that the defense has the burden of proof so will present first at trial.
A civil case involves pleadings by both parties, discovery, pretrial discussions to settle or prepare for trial, a trial with verdict, and potential appeal. A criminal case involves arrest, a hearing, indictment or grand jury process, arraignment and plea, potential trial, verdict, sentencing, and appeal. Both types of cases aim to determine responsibility and resolve disputes, but have different burdens of proof and potential penalties.
Involuntary manslaughter can occur through three means: unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. Unlawful act manslaughter involves an unlawful act by the defendant that causes death, even if they did not intend or foresee death. The unlawful act must be dangerous and pose a risk of harm based on an objective standard. Gross negligence manslaughter involves breaching a duty of care owed to the victim in a very negligent way that causes their death. Reckless manslaughter continues to be an offense despite being thought to no longer exist after Adamako, though it is difficult to see why it is necessary separate from gross negligence manslaughter.
The Criminal Attempts Act 1981 aimed to improve the law on attempts but its success is debated. The Act defines attempt as having an actus reus of conduct beyond preparation and a mens rea of intent to commit the full offense. However, subsequent cases have struggled to consistently apply tests to determine what is merely preparatory. The Law Commission now recommends amending the Act to avoid cases where dangerous individuals escape liability and to better protect the public.
This document contains questions and answers related to law and jurisprudence. It addresses topics like standards of evidence required in civil cases, admissibility of witness testimony, definitions of legal terms, and exceptions to the hearsay rule. The document also provides notes that further explain concepts like the differences between admissions and confessions, as well as exceptions to rules regarding evidence.
The document contains multiple choice questions related to evidence and criminal law concepts. It asks questions about different types of evidence like real evidence, testimonial evidence, direct evidence, and secondary evidence. It also asks questions testing understanding of concepts like judicial notice, leading questions, elements of crimes like arbitrary detention, and classes of evidence admission.
Sociology of Crimes Review Questions.docxRubyTamayo3
This document contains a review questions for a sociology of crimes course. It includes 42 multiple choice questions covering various topics related to criminal law and juvenile justice. Some of the key topics addressed include types of criminal offenses (e.g. assault, battery), legal definitions (e.g. allege, capital offense), child abuse and neglect (e.g. battered child syndrome, abandonment), juvenile delinquency procedures, and doctrines related to children and family law (e.g. parens patriae, equal protection). For each question there is a multiple choice answer option and the stated correct answer.
1. Courtroom evidence is defined as data presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses, records, documents, or objects.
2. Another word for attorney is lawyer.
3. An individual who personally sees or perceives an event is called a witness.
Practice Exam 3 Legal Professionals and ProsecutionQuestio.docxChantellPantoja184
Practice Exam 3 Legal Professionals and Prosecution
Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. If an attorney knows his client has lied on the stand, that attorney is ethically required to
A. notify the court.
B. recall his client to the stand and re-ask the question.
C. do nothing.
D. recuse himself from the case.
2. If an attorney wants to write a book about a case he or she is involved in, that attorney
A. may not negotiate with a publisher until he or she no longer represents the affected client.
B. may only use a ghostwriter.
C. must include his client as co-author.
D. is prohibited from doing so.
3. Ensuring that a defendant receives a fair trial and retains his or her constitutional rights is the primary ethical responsibility of the
A. prosecutor.
B. advocate.
C. defense attorney.
D. judge.
4. An attorney's membership in the American Bar Association
A. is required before taking the bar exam.
B. is required only if he or she is a prosecutor.
C. isn't required for him/her to practice law.
D. automatically makes him or her a member of his state's bar association.
5. Which of the following statements applies to the judicial process?
A. Specific rules exist concerning when a prosecutor and a judge can discuss an ongoing case without the presence of a defense attorney.
B. A prosecutor should never take steps to avoid allowing false testimony on the stand.
C. If the defense files a motion requesting pertinent evidence, a prosecutor must hand it over.
D. A prosecutor can communicate with a defendant outside the presence of the defendant's attorney.
6. Not representing a co-defendant in a burglary charge is part of which ethical consideration?
A. Perjury
B. Conflict of interest
C. Zealous representation of client
D. Lawyer-client confidentiality
7. Burying an opposing counsel in frivolous discovery paperwork is a violation of ABA Model Rule
A. 1.4 Communication.
B. 3.4 Fairness to Opposing Party and Counsel.
C. 3.3 Candor Toward the Tribunal.
D. 1.3 Due Diligence.
8. Judges attain office via three methods in the United States. They include all the following except
A. election.
B. merit promotion.
C. seniority.
D. appointment.
9. Which of the following statements regarding the action of prosecutors is true?
A. A prosecutor must seek justice, not merely a conviction.
B. A prosecutor has no duty to the public as a representative of the state.
C. A prosecutor is allowed much less discretion than other criminal justice professionals.
D. A prosecutor is allowed to pursue charges when there's no probable cause.
10. Extrajudicial commentary by attorneys is ethically prohibited because it
A. tips off opposing counsel as to the legal strategy being used.
B. can prejudice the jury or jury pool.
C. is rarely anything less than.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.
a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
2. Which incorporation perspective has arguably “won out” over the others?
a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
3. A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:
a. Res Gestae.
b. Scire Feci.
c. Stare Decisis.
d. Suo Motu.
4. When a decision does not apply to the current facts, a court will, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.
a. distinguish the case
b. use case precedent
c. judge decision
d. enact case law
5. The theory world and real world can differ for which of the following reasons?
a. The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time.
b. The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies.
c. What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system.
d. All of the above.
BCJ 240 Procedures in the Justice System
Unit 1 Examination
BCJ 240 Procedures in the Justice System
Unit 1 Examination
e.
40
41
6. The primary purpose of criminal procedure is to maintain the proper balance between:
a. controlling crime and due process.
b. dictatorship and democracy.
c. servitude and equality.
d. protection and procedure.
7. Which of the following is NOT one of the concepts underlying the due process perspective?
a. The criminal process looks, or should look, something like an “obstacle course.”
b. Quantity is better than quality.
c. Formality is preferred over informality.
d. A great deal of faith is put in the courts.
8. Which of the following is NOT a characteristic of the crime control perspective?
a. Assembly-line justice
b. Quantity over quality
c. Insistence on informality
d. Faith in the courts
9. Legal guilt is determined by whether a person is guilty according to the:
a. police
b. judge
c. law
d. jury
10. Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?
a. Independent source exception
b. Purged taint exception
c. Inevitable ex.
This manual provides guidelines for the Anti-Corruption Tribunal (ACT) on various aspects of handling corruption cases. It addresses [1] the different types and definitions of corruption, [2] the jurisdiction and mandate of the ACT, and [3] frameworks for ensuring a fair trial process that complies with principles of court excellence, judicial ethics, and individual rights. The manual also outlines [4] procedures for case management, prosecution, evidence collection, international cooperation, and sentencing. It aims to support the ACT in effectively investigating and trying corruption offenses domestically and across borders in a lawful, impartial and transparent manner.
406075RR The Foundations of Criminal Justice.docxwrite4
This document appears to be an exam for a course on the foundations of criminal justice. It consists of 25 multiple choice questions testing knowledge of key concepts and components of the US criminal justice system, including exceptions to the exclusionary rule, the role of the arraignment process, constitutional amendments that protect defendant rights, measurement of crime statistics, use of plea bargains, and biological and psychological theories of criminal behavior. The exam covers topics addressed in the course textbook such as costs of corporate crime, reasons the Supreme Court did not initially incorporate the Bill of Rights, and percentages of violent crimes unreported to police.
406075RR The Foundations of Criminal Justice.docxwrite12
This document appears to be an exam for a course on the foundations of criminal justice. It consists of 25 multiple choice questions testing knowledge of key concepts and components of the US criminal justice system, including exceptions to the exclusionary rule, the role and rights of defendants at different stages of the legal process such as arraignment, constitutional amendments that protect defendant rights, different types of crime data collection and measurements, plea bargains and other efficiency increasing measures, incorporation of the Bill of Rights, search and seizure allowances, prohibited punishments, requirements for arrest warrants, crime reporting rates, grounds for appeal, biological factors potentially related to criminal behavior, and theories of criminology including biocriminology.
The document discusses the concept of burden of proof in legal contexts. It states that the burden of proof lies with the person making an assertion or claim, and they must prove the facts that support their argument. For criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt. In civil cases, the plaintiff bears the burden of proving their case by a preponderance of the evidence. There are also exceptions where the burden may shift, such as to the defendant if a fact is especially within their knowledge. The document provides various case examples to illustrate situations involving the burden of proof.
Kegler Brown's annual seminar on professional responsibility took place on October 16, 2015, at the Sheraton Columbus Hotel at Capitol Square. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism.
This document provides information about evidence and the rules related to evidence in court proceedings. It defines key terms like evidence, admissible evidence, relevance, judicial notice, witness competency, and best evidence rule. It also outlines qualifications for witnesses, exceptions to rules, and what can disqualify a witness from testifying. The document aims to explain the basic concepts and guidelines around evidence that is allowable in court.
This document provides information about evidence and the rules related to evidence in court proceedings. It defines key terms like evidence, admissible evidence, judicial notice, witness competency, and privileged communications. It also discusses the best evidence rule, parole evidence rule, admissions and confessions. The document is intended to educate readers about evidence law and when various types of evidence can and cannot be used in court.
Assignment 4BAnswer SheetPlease post the completed answer sh.docxssuser562afc1
Assignment 4B
Answer Sheet
Please post the completed answer sheet as an attachment through the Assignments section.
YOUR NAME:
Question
Number
Your Answer (Letter Only)
Question Number
Your Answer (Letter Only)
Question Number
Your Answer (Letter Only)
1
31
61
2
32
62
3
33
63
4
34
64
5
35
65
6
36
7
37
8
38
9
39
10
40
11
41
12
42
13
43
14
44
15
45
16
46
17
47
18
48
19
49
20
50
21
51
22
52
23
53
24
54
25
55
26
56
27
57
28
58
29
59
30
60
Assignment 4B
Use the answer sheet to respond to the following questions. When completed, post your answer
sheet as an attachment through the Assignments section. There is one correct answer per
question, and each answer is worth two points.
Example:
Which amendment protects against unreasonable searches and seizures?
a) First Amendment
b) Fourth Amendment
c) Fifth Amendment
d) Sixth Amendment
e) None of the above.
The correct answer is "B," so you would enter "B" on the answer sheet for this assignment. One
point would be awarded for this question as the question was answered correctly.
1. The prosecutor's discretion in determining which cases to prosecute impacts what laws the
police choose to focus on and enforce.
a) True
b) False
2. According to the text, an important role played by the victim is
a. to humanize the impact of crime.
b. to offer unbiased, reliable testimony.
c. to point out inconsistencies in the defense.
d. to pressure the jury to find the defendant guilty.
e. none of the above.
3. When making decisions in the courtroom, judges
a) must refrain from seeking the advice of others in order to protect the rights of the
accused.
b) rely on prosecutors and defense attorneys during essentially every phase of the trial.
c) typically disregard information from other judges as each case is different.
d) have little discretion in most decisions affecting cases.
e) none of the above.
4. The police chief implements the use of a drug courier profile for his department. Using the
profile, officers focus on their attention on stopping and searching cars with Florida license
plates. After a month, the chief reviews the statistics and finds that, indeed, most of the drug
arrests for the month were of drivers of cars with Florida license plates. According to the text,
this is an example of:
a. racial profiling.
b. self-fulfilling prophecy.
c. differential policing.
d. targeted enforcement.
e. none of the above.
5. Which of the following is not a white collar crime?
a. A stockbroker manipulates the price of a stock.
b. A car company sells vehicles it knows have a faulty brake system.
c. A manufacturing plant dumps toxic waste into a local creek.
d. A businessman shoplifts a tie from a prestige clothing store.
e. None of the above.
6. A subpoe ...
5Final ExaminationBCJ 240 Procedures in the Justice Sy.docxalinainglis
5
Final Examination
BCJ 240 Procedures in the Justice System
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
Typically, the lowest-level court(s) in a given state is/are: 1.
courts of general jurisdiction.a.
the state supreme court.b.
intermediate appellate courts.c.
courts of limited jurisdiction. d.
Each state has its own highest court, typically referred to as: 2.
superior courts.a.
intermediate appellate courts.b.
state supreme courts.c.
courts of limited jurisdiction. d.
At the federal level, the lowest-level trial court is referred to as: 3.
U.S. Supreme Court.a.
U. S. courts of appeals.b.
district courts.c.
trial courts. d.
When an appellate court reverses a lower court’s decision, it: 4.
nullifies or sets aside a trial verdict. a.
adjudicates the case.b.
sends the case to a higher court for reviewc.
sets the defendant free.d.
When an appellate court agrees with a lower court’s decision, it _____ that decision. 5.
reversesa.
affirmsb.
remandsc.
vacates d.
In order for a case to reach the Supreme Court, the court must decide whether it wants to 6.
hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is
known as a:
lex loci.a.
jus cogens.b.
certiorari.c.
writ of certiorari.d.
6
Final Examination
BCJ 240 Procedures in the Justice System
Which of the following is NOT a reason a “bright-line” decision may be helpful? 7.
It promotes consistency.a.
It promotes clarity and predictability.b.
It is ambiguous. c.
It is subject to very little interpretation. d.
Police conduct that is considered reasonable by the police officer engaged in the conduct is 8.
referred to as:
subjective reasonableness.a.
objective reasonableness.b.
reasonable objectiveness.c.
unreasonable objectiveness. d.
The term “objective reasonableness” in criminal procedure refers to: 9.
what a single individual believes is reasonable.a.
what a reasonable person believes is reasonable.b.
what a jury believes is reasonable.c.
what a reasonable person would do or feel under the circumstances. d.
Judicial restraint refers to: 10.
limiting decisions to the facts of each case.a.
deciding cases based on additional, hypothetical situations.b.
interpreting complex legal issues.c.
relying on case law to determine outcomes. d.
The past Supreme Court requirement that a physical intrusion by authorities must have taken 11.
place to violate one’s privacy is referred to as the:
electronic communication protection doctrine.a.
privacy doctrine.b.
trespass doctrine.c.
physical protection doctrine. d.
7
Final Examination
BCJ 240 Procedures in the Justice System
In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) 12.
generally has to prove that the defendant officer intended for the violation to occur is
referred to as
liabilitya.
credibilityb.
accountability c.
culpability d.
.
A civil case involves pleadings such as a complaint and response, discovery where each side gathers evidence, pretrial discussions to clarify issues and try to settle, a trial where a jury or judge hears the case, a verdict is issued, and the losing side can appeal. The goal is for the plaintiff to prove their case and receive a remedy using a preponderance of evidence standard, or for the defendant to avoid having to provide a remedy.
This document contains multiple choice questions related to criminal investigation and policing. It covers topics like criminal procedures, crime scene investigation techniques, fire investigation, traffic enforcement, and other policing concepts. The questions are testing knowledge of important terms, laws, historical figures, investigative methods, and best practices in law enforcement.
LLB LAW NOTES ON LAW OF EVIDENCE
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Communicating effectively and consistently with students can help them feel at ease during their learning experience and provide the instructor with a communication trail to track the course's progress. This workshop will take you through constructing an engaging course container to facilitate effective communication.
This document contains questions and answers related to law and jurisprudence. It addresses topics like standards of evidence required in civil cases, admissibility of witness testimony, definitions of legal terms, and exceptions to the hearsay rule. The document also provides notes that further explain concepts like the differences between admissions and confessions, as well as exceptions to rules regarding evidence.
The document contains multiple choice questions related to evidence and criminal law concepts. It asks questions about different types of evidence like real evidence, testimonial evidence, direct evidence, and secondary evidence. It also asks questions testing understanding of concepts like judicial notice, leading questions, elements of crimes like arbitrary detention, and classes of evidence admission.
Sociology of Crimes Review Questions.docxRubyTamayo3
This document contains a review questions for a sociology of crimes course. It includes 42 multiple choice questions covering various topics related to criminal law and juvenile justice. Some of the key topics addressed include types of criminal offenses (e.g. assault, battery), legal definitions (e.g. allege, capital offense), child abuse and neglect (e.g. battered child syndrome, abandonment), juvenile delinquency procedures, and doctrines related to children and family law (e.g. parens patriae, equal protection). For each question there is a multiple choice answer option and the stated correct answer.
1. Courtroom evidence is defined as data presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses, records, documents, or objects.
2. Another word for attorney is lawyer.
3. An individual who personally sees or perceives an event is called a witness.
Practice Exam 3 Legal Professionals and ProsecutionQuestio.docxChantellPantoja184
Practice Exam 3 Legal Professionals and Prosecution
Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. If an attorney knows his client has lied on the stand, that attorney is ethically required to
A. notify the court.
B. recall his client to the stand and re-ask the question.
C. do nothing.
D. recuse himself from the case.
2. If an attorney wants to write a book about a case he or she is involved in, that attorney
A. may not negotiate with a publisher until he or she no longer represents the affected client.
B. may only use a ghostwriter.
C. must include his client as co-author.
D. is prohibited from doing so.
3. Ensuring that a defendant receives a fair trial and retains his or her constitutional rights is the primary ethical responsibility of the
A. prosecutor.
B. advocate.
C. defense attorney.
D. judge.
4. An attorney's membership in the American Bar Association
A. is required before taking the bar exam.
B. is required only if he or she is a prosecutor.
C. isn't required for him/her to practice law.
D. automatically makes him or her a member of his state's bar association.
5. Which of the following statements applies to the judicial process?
A. Specific rules exist concerning when a prosecutor and a judge can discuss an ongoing case without the presence of a defense attorney.
B. A prosecutor should never take steps to avoid allowing false testimony on the stand.
C. If the defense files a motion requesting pertinent evidence, a prosecutor must hand it over.
D. A prosecutor can communicate with a defendant outside the presence of the defendant's attorney.
6. Not representing a co-defendant in a burglary charge is part of which ethical consideration?
A. Perjury
B. Conflict of interest
C. Zealous representation of client
D. Lawyer-client confidentiality
7. Burying an opposing counsel in frivolous discovery paperwork is a violation of ABA Model Rule
A. 1.4 Communication.
B. 3.4 Fairness to Opposing Party and Counsel.
C. 3.3 Candor Toward the Tribunal.
D. 1.3 Due Diligence.
8. Judges attain office via three methods in the United States. They include all the following except
A. election.
B. merit promotion.
C. seniority.
D. appointment.
9. Which of the following statements regarding the action of prosecutors is true?
A. A prosecutor must seek justice, not merely a conviction.
B. A prosecutor has no duty to the public as a representative of the state.
C. A prosecutor is allowed much less discretion than other criminal justice professionals.
D. A prosecutor is allowed to pursue charges when there's no probable cause.
10. Extrajudicial commentary by attorneys is ethically prohibited because it
A. tips off opposing counsel as to the legal strategy being used.
B. can prejudice the jury or jury pool.
C. is rarely anything less than.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.
a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
2. Which incorporation perspective has arguably “won out” over the others?
a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
3. A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:
a. Res Gestae.
b. Scire Feci.
c. Stare Decisis.
d. Suo Motu.
4. When a decision does not apply to the current facts, a court will, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.
a. distinguish the case
b. use case precedent
c. judge decision
d. enact case law
5. The theory world and real world can differ for which of the following reasons?
a. The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time.
b. The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies.
c. What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system.
d. All of the above.
BCJ 240 Procedures in the Justice System
Unit 1 Examination
BCJ 240 Procedures in the Justice System
Unit 1 Examination
e.
40
41
6. The primary purpose of criminal procedure is to maintain the proper balance between:
a. controlling crime and due process.
b. dictatorship and democracy.
c. servitude and equality.
d. protection and procedure.
7. Which of the following is NOT one of the concepts underlying the due process perspective?
a. The criminal process looks, or should look, something like an “obstacle course.”
b. Quantity is better than quality.
c. Formality is preferred over informality.
d. A great deal of faith is put in the courts.
8. Which of the following is NOT a characteristic of the crime control perspective?
a. Assembly-line justice
b. Quantity over quality
c. Insistence on informality
d. Faith in the courts
9. Legal guilt is determined by whether a person is guilty according to the:
a. police
b. judge
c. law
d. jury
10. Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?
a. Independent source exception
b. Purged taint exception
c. Inevitable ex.
This manual provides guidelines for the Anti-Corruption Tribunal (ACT) on various aspects of handling corruption cases. It addresses [1] the different types and definitions of corruption, [2] the jurisdiction and mandate of the ACT, and [3] frameworks for ensuring a fair trial process that complies with principles of court excellence, judicial ethics, and individual rights. The manual also outlines [4] procedures for case management, prosecution, evidence collection, international cooperation, and sentencing. It aims to support the ACT in effectively investigating and trying corruption offenses domestically and across borders in a lawful, impartial and transparent manner.
406075RR The Foundations of Criminal Justice.docxwrite4
This document appears to be an exam for a course on the foundations of criminal justice. It consists of 25 multiple choice questions testing knowledge of key concepts and components of the US criminal justice system, including exceptions to the exclusionary rule, the role of the arraignment process, constitutional amendments that protect defendant rights, measurement of crime statistics, use of plea bargains, and biological and psychological theories of criminal behavior. The exam covers topics addressed in the course textbook such as costs of corporate crime, reasons the Supreme Court did not initially incorporate the Bill of Rights, and percentages of violent crimes unreported to police.
406075RR The Foundations of Criminal Justice.docxwrite12
This document appears to be an exam for a course on the foundations of criminal justice. It consists of 25 multiple choice questions testing knowledge of key concepts and components of the US criminal justice system, including exceptions to the exclusionary rule, the role and rights of defendants at different stages of the legal process such as arraignment, constitutional amendments that protect defendant rights, different types of crime data collection and measurements, plea bargains and other efficiency increasing measures, incorporation of the Bill of Rights, search and seizure allowances, prohibited punishments, requirements for arrest warrants, crime reporting rates, grounds for appeal, biological factors potentially related to criminal behavior, and theories of criminology including biocriminology.
The document discusses the concept of burden of proof in legal contexts. It states that the burden of proof lies with the person making an assertion or claim, and they must prove the facts that support their argument. For criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt. In civil cases, the plaintiff bears the burden of proving their case by a preponderance of the evidence. There are also exceptions where the burden may shift, such as to the defendant if a fact is especially within their knowledge. The document provides various case examples to illustrate situations involving the burden of proof.
Kegler Brown's annual seminar on professional responsibility took place on October 16, 2015, at the Sheraton Columbus Hotel at Capitol Square. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism.
This document provides information about evidence and the rules related to evidence in court proceedings. It defines key terms like evidence, admissible evidence, relevance, judicial notice, witness competency, and best evidence rule. It also outlines qualifications for witnesses, exceptions to rules, and what can disqualify a witness from testifying. The document aims to explain the basic concepts and guidelines around evidence that is allowable in court.
This document provides information about evidence and the rules related to evidence in court proceedings. It defines key terms like evidence, admissible evidence, judicial notice, witness competency, and privileged communications. It also discusses the best evidence rule, parole evidence rule, admissions and confessions. The document is intended to educate readers about evidence law and when various types of evidence can and cannot be used in court.
Assignment 4BAnswer SheetPlease post the completed answer sh.docxssuser562afc1
Assignment 4B
Answer Sheet
Please post the completed answer sheet as an attachment through the Assignments section.
YOUR NAME:
Question
Number
Your Answer (Letter Only)
Question Number
Your Answer (Letter Only)
Question Number
Your Answer (Letter Only)
1
31
61
2
32
62
3
33
63
4
34
64
5
35
65
6
36
7
37
8
38
9
39
10
40
11
41
12
42
13
43
14
44
15
45
16
46
17
47
18
48
19
49
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50
21
51
22
52
23
53
24
54
25
55
26
56
27
57
28
58
29
59
30
60
Assignment 4B
Use the answer sheet to respond to the following questions. When completed, post your answer
sheet as an attachment through the Assignments section. There is one correct answer per
question, and each answer is worth two points.
Example:
Which amendment protects against unreasonable searches and seizures?
a) First Amendment
b) Fourth Amendment
c) Fifth Amendment
d) Sixth Amendment
e) None of the above.
The correct answer is "B," so you would enter "B" on the answer sheet for this assignment. One
point would be awarded for this question as the question was answered correctly.
1. The prosecutor's discretion in determining which cases to prosecute impacts what laws the
police choose to focus on and enforce.
a) True
b) False
2. According to the text, an important role played by the victim is
a. to humanize the impact of crime.
b. to offer unbiased, reliable testimony.
c. to point out inconsistencies in the defense.
d. to pressure the jury to find the defendant guilty.
e. none of the above.
3. When making decisions in the courtroom, judges
a) must refrain from seeking the advice of others in order to protect the rights of the
accused.
b) rely on prosecutors and defense attorneys during essentially every phase of the trial.
c) typically disregard information from other judges as each case is different.
d) have little discretion in most decisions affecting cases.
e) none of the above.
4. The police chief implements the use of a drug courier profile for his department. Using the
profile, officers focus on their attention on stopping and searching cars with Florida license
plates. After a month, the chief reviews the statistics and finds that, indeed, most of the drug
arrests for the month were of drivers of cars with Florida license plates. According to the text,
this is an example of:
a. racial profiling.
b. self-fulfilling prophecy.
c. differential policing.
d. targeted enforcement.
e. none of the above.
5. Which of the following is not a white collar crime?
a. A stockbroker manipulates the price of a stock.
b. A car company sells vehicles it knows have a faulty brake system.
c. A manufacturing plant dumps toxic waste into a local creek.
d. A businessman shoplifts a tie from a prestige clothing store.
e. None of the above.
6. A subpoe ...
5Final ExaminationBCJ 240 Procedures in the Justice Sy.docxalinainglis
5
Final Examination
BCJ 240 Procedures in the Justice System
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
Typically, the lowest-level court(s) in a given state is/are: 1.
courts of general jurisdiction.a.
the state supreme court.b.
intermediate appellate courts.c.
courts of limited jurisdiction. d.
Each state has its own highest court, typically referred to as: 2.
superior courts.a.
intermediate appellate courts.b.
state supreme courts.c.
courts of limited jurisdiction. d.
At the federal level, the lowest-level trial court is referred to as: 3.
U.S. Supreme Court.a.
U. S. courts of appeals.b.
district courts.c.
trial courts. d.
When an appellate court reverses a lower court’s decision, it: 4.
nullifies or sets aside a trial verdict. a.
adjudicates the case.b.
sends the case to a higher court for reviewc.
sets the defendant free.d.
When an appellate court agrees with a lower court’s decision, it _____ that decision. 5.
reversesa.
affirmsb.
remandsc.
vacates d.
In order for a case to reach the Supreme Court, the court must decide whether it wants to 6.
hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is
known as a:
lex loci.a.
jus cogens.b.
certiorari.c.
writ of certiorari.d.
6
Final Examination
BCJ 240 Procedures in the Justice System
Which of the following is NOT a reason a “bright-line” decision may be helpful? 7.
It promotes consistency.a.
It promotes clarity and predictability.b.
It is ambiguous. c.
It is subject to very little interpretation. d.
Police conduct that is considered reasonable by the police officer engaged in the conduct is 8.
referred to as:
subjective reasonableness.a.
objective reasonableness.b.
reasonable objectiveness.c.
unreasonable objectiveness. d.
The term “objective reasonableness” in criminal procedure refers to: 9.
what a single individual believes is reasonable.a.
what a reasonable person believes is reasonable.b.
what a jury believes is reasonable.c.
what a reasonable person would do or feel under the circumstances. d.
Judicial restraint refers to: 10.
limiting decisions to the facts of each case.a.
deciding cases based on additional, hypothetical situations.b.
interpreting complex legal issues.c.
relying on case law to determine outcomes. d.
The past Supreme Court requirement that a physical intrusion by authorities must have taken 11.
place to violate one’s privacy is referred to as the:
electronic communication protection doctrine.a.
privacy doctrine.b.
trespass doctrine.c.
physical protection doctrine. d.
7
Final Examination
BCJ 240 Procedures in the Justice System
In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) 12.
generally has to prove that the defendant officer intended for the violation to occur is
referred to as
liabilitya.
credibilityb.
accountability c.
culpability d.
.
A civil case involves pleadings such as a complaint and response, discovery where each side gathers evidence, pretrial discussions to clarify issues and try to settle, a trial where a jury or judge hears the case, a verdict is issued, and the losing side can appeal. The goal is for the plaintiff to prove their case and receive a remedy using a preponderance of evidence standard, or for the defendant to avoid having to provide a remedy.
This document contains multiple choice questions related to criminal investigation and policing. It covers topics like criminal procedures, crime scene investigation techniques, fire investigation, traffic enforcement, and other policing concepts. The questions are testing knowledge of important terms, laws, historical figures, investigative methods, and best practices in law enforcement.
LLB LAW NOTES ON LAW OF EVIDENCE
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Communicating effectively and consistently with students can help them feel at ease during their learning experience and provide the instructor with a communication trail to track the course's progress. This workshop will take you through constructing an engaging course container to facilitate effective communication.
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
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Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
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বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
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How to Create a More Engaging and Human Online Learning Experience
Ca2 clj4.
1. Asia Pacific College of Advanced Studies
A.H. Banzon St., Ibayo Balanga City, Bataan
CRIM CA 2 – COURSE AUDIT 2
CLJ4 – CRIMINAL EVIDENCE
DIRECTIONS:Write the letter that corresponds to the best answer on the space provided. There is only one BEST
answer for each question.
1. It consist of any reprehensible deed or word that offends public conscience.
A. Scandal C. Indignity
B. Unjust vexation D. Disgrace
2. What is needed to be proven that scandalous circumstance is an element in the crime of concubinage?
A. If the man is legally married
B. If the mistress is kept outside the conjugal dwelling
C. If the mistress is a relative
D. If the mistress is a virgin
3. It means dwelling together as husband and wife.
A. Cohabit C. Live-in
B. Marriage D. Joint household
4. They should be objected to at the time they are being offered in court.
A. Oral evidence C. Expert evidence
B. Documentary evidence D. Testimonial evidence
5. To appreciate this evidence, it is always a question of logic and experience.
A. Realevidence C. Relevant evidence
B. Object evidence D. Materia evidence
6. Evidences whose admission is prohibited by law.
A. Incompetent evidence C. Inadmissible evidence
B. Unreal evidence D. None of these
7. Which among the following may be considered as subjects requiring expert opinion?
A Medical science C. Undeciphered writings
B. Forensic science D. All of these
8. When it prompts the witness to give an answer the examiner wants to hear it is said to be:
A. Leading question C. Compound question
B. Misleading question D. General question
9. What did you observe after they got married is an example of a
A. Compound question C. Misleading question
B. Leading question D. General question
10. A question which is made up of two or more queried connected by conjunctions and or.
A. Compound question C. Misleading question
B. Leading question D. General question
11. The following are the criteria used to determine whether or not a child regardless of age may be considered as a
competent witness, except:
A. Capacity of observation
B. Capacity of recollection
C. Capacity of communication
D. None of these
12. What must be established, in addition to sexual intercourse in cases of rape?
A. Use of force or intimidation by the offender
B. Resistance on the part of the victim
C. Sterility of the offender
D. All of the foregoing
13. When may evidences be considered as admissible in court?
A. When it is relevant to the issue
B. When it is not excluded by the law or the rules of court
C. When it is competent
D. All of the foregoing
14. Refers to statement made by the litigants in the judicial proceedings.
A. Judicial notice C. Judicial confessions
B. Judicial admissions D. Pleadings
15. Those evidences which results in the greatest certainty of the fact in question?
A. Primary or best evidence C. Competent evidence
B. Secondary evidence D. Conclusive evidence
16. Refers to evidence which indicates that a better kind of evidence exists.
A. Primary or best evidence C. Competent evidence
B. Secondary evidence D. Conclusive evidence
17. It forbids the addition or contradiction in terms of a written instrument by testimony purporting to show that other or
different terms were orally agreed upon by the parties.
A. Best evidence rule C. Hearsay rule
B. Parol evidence rule D. Res Gestae rule
2. 18. Marital disqualification may apply, except:
A. The spouses was legally married
B. The husband is a party to the case
C. The wife is a party to the case
D. It involves civil cases filed by one against the other
19. Refers to matters which are learned in confidence.
A. Private communication
B. Privilege communication
C. Dying declaration
D. Confidential communication
20. The following are requisites for the disqualification based on attorney-client privilege, except:
A. Existence of an attorney client relation
B. Communication was made in the course of professional employment
C. No consent was given by the client to the attorney testifying thereon
D. None of the above
21. When may a descendant to be compelled to witness against his parents or grandparents?
A. A crime against him
B. A criminal case by one the parent against the other
C. A criminal case by one grandparent against another
D. All of the foregoing
22. An agreement made between two or more parties as a settlement of matters in question.
A. Compromise
B. Stipulation
C. Plea bargaining
D. Contact
23. In admission by third party, the right of a party cannot be prejudiced by an act,declaration or omission of another,
except:
A. Admission by a co- partner / joint owner or debtor
B. Admission by conspiration
C. Admission by agent or privies
D. All of foregoing
24. Admission by agents shall be allowed when:
A. The agency is proved by evidence other the admission itself
B. The admission was made during the existence of the agency
C. The admission refers to a matter within the scope of his authority
D. All of the foregoing
25. a dying declaration may be admissible as evidence in cases,except:
A. Imminent death but the declarant is conscious of facts
B. The declaration must concern the time regarding the declarant’s death
C. The declarant is a competent witness and the declaration is offered in a criminal case wherein the declarant’s
death is subject to the injury
D. None of the above
26. Refers to inference which the law makes so preemptory that it will not allow them to be overturned by any contrary
proof.
A. Presumption
B. Conclusive presumption
C. Disputable presumption
D. Estopple
27. A witness of the adverse party may be impeached except:
A. A contradictory evidence
B. By evidence of his general reputation and integrity, and conviction of a crime involving moral turpitude
C. By evidence of another statement made by the witness which are inconsistent
D. None of the above
28. Refers to an official entry of the proceeding in the court of justice.
A. Judicial notice C. Blotter
B. Judicial record D. Official record
29. When may circumstantial evidence be sufficient to obtain conviction?
A. There is more than one circumstances
B. The facts from which the inference are derived were proven
C. When combined proof beyond reasonable doubt may be established
D. All of the foregoing
30. Which among the following are not elements of a corpus delicti?
A. The accused need not to necessarily be the doer of the act
B. Some person is criminally responsible for the act
C. That a certain result has been produced
D. None of the foregoing
31. Which among the following may be used as evidence in a judicial proceeding?
A. Privileged conversation C. Filial Privilege
B. Dying declaration D. Parentalprivilege
3. 32. In PD 1612, the possession of the stolen goods is:
A. Evidence against the accused
B. Means that the accused is not owner
C. Means that the accused is an accessory to the crime
D. Prima facie evidence of fencing
33. Occurs when the evidence adduced proves the disputed fact:
A. Cumulative C. Circumstantial
B. Corroborative D. Relevant
34. Evidence of this kind is those which are capable of perception.
A. Testimonial C. Real
B. Corroborative D. Material
35. A priest may not be able to testify on pertinent matters to the case if said conversation or facts relates to that told in the
confession made by the:
A. Penitent C. Client
B. Patient D. Secretary
36. Who among the following are automatically disqualified to the to take the witness stand?
A. Sick persons
B. Children
C. Homosexuals and lesbians
D. Insane persons
37. Evidence which shows that a best evidence existed as to the proof of the fact in question.
A. Realevidence C. Secondary evidence
B. Best evidence D. Res gestae
38. Legal fitness of a witness to be heard on the trial.
A. Admissibility C. Qualification
B. Competency D. Eligibility
39. Means sanctioned by the rules of court to ascertain the truth respecting a matter of fact.
A. Proof C. Motive
B. Intent D. Evidence
40. A duplicate receipt signed and carbon copied at the same time is in terms of its evidentiary value is deemed as:
A. Duplicate C. Authentic
B. Original D. Genuine
41. Exemption to the hearsay rule made under the consciousness of an impending death.
A. Parol evidence
B. Ante mortem statement
C. Dead man statute
D. Mi ultimo adios
42. When are children deemed not competent to quality as a witness?
A. They understand the obligation of the oath
B. They have not reached the age of discernment
C. They must have sufficient knowledge to receive just impressions as to the facts on which testify
D. They can relate to those facts truly to the court at the time they are offered as witness
43. That degree of proof which produces in the mind of as unprejudiced person, that moral certainty or moral conviction
that the accused did commit the offense charged.
A. Ultimate fact
B. Proof beyond reasonable doubt
C. Preponderance of evidence
D. Substantial evidence
44. Circumstantial facts and declarations incidental to the main fact; means things done
A. Factum probans C. Res gestae
B. Factum probandum D. Owes probandi
45. A person who gives testimonial evidence to a judiciary tribunal.
A. Witness C. Defense
B. Prosecution D. Clerk of court
46. In this sort of action, a person merely acknowledges certain facts but does not admit his guilt.
A. Testimonial
B. Admission
C. Confession
D. Extra- judicial confession
47. When a categorial statement of guilt was made before a component tribunal we classify it is:
A. Confession
B. Admission
C. Judicial confession
D. Extra- judicial confession
48. Any evidence whether oral or documentary wherein the probative value is not based on personal knowledge of the
witness but that from another.
A. Testimonial C. Res gestae
B. Dying declaration D. Hearsay
49. Refers to family history or decent.
4. A. Pedigree C. Inheritance
B. Tradition D. Heritage
50. Obligation imposed upon a party to establish their alleged fact by proof are termed as “burden of proof”, what is its
Latin translation?
A. Factum probans C. Owe probandi
B. Factum Probandun D. Owe probandi
51. The probative value given by the court to a particular evidence.
A. Preponderance of evidence
B. Evidentiary fact
C. Ultimate fact
D. Weight of evidence
52. A degree of proof below that of proof beyond reasonable doubt, which taken in its entirely is superior to that to
another.
A. Best evidence
B. Secondary evidence
C. Preponderance of evidence
D. Weight of evidence
53. The body of a crime.
A. Corpus delicti C. Autoptic evidence
B. Real evidence D. Physical evidence
54. Which among the foregoing is not part of the judicial rule for sufficiency of circumstantial evidence to convict an
accused?
A. There is more than one circumstantial
B. The facts from which the inference are derived must be proved
C. The combination of all the circumstance is such as to produce a conviction beyond reasonable doubt
D. It must be of judicial recognizance
55. Minimum number of witnesses required in rape cases to secure a conviction.
A. 1 C. 3
B. 2 D. None
56. Presumption which the law makes so preemptory that it will not allow them to be reserved by any contrary evidence
A. Presumption
B. Disputable presumption
C. Conclusion
D. Conclusive presumption
57. Logical necessity which rests upon a party at any particular time during the trial to create a prima facie case in his own
favor or to overthrow one created against him.
A. Res gestae C. Burden of proof
B. Burden of evidence D. Estopple
58. It is a bar which precludes a person from denying or asserting anything to the contrary of establish truth.
A. Res gestae C. Burden of proof
B Estopple D. Burden of evidence
59. These questions suggest to the witness the answers to which an examining party requires.
A. Leading C. Estopple
B. Misleading D. Res Gestae
60. A written act or record of acts of a sovereign authority or private writing acknowledge before a notary public.
A. Public document C. Private Document
B. Official document D. Official record
61. Which among the following may disqualify a witness?
A. Capacity of observation
B. Capacity of recollection
C. Capacity of knowledge
D. Capacity of communication
62. What would overturn an alibi and denial in a hearing?
A. Testimony C. Proof
B. Evidence D. Positive identification
63. Prescribed the governing rules on evidence?
A. Revised PenalCode
B. Constitutional
C. Rules on Criminal Procedure
D. Rules of Court
64. Factum Probans means:
A. Evidentiary fact C. Weight of evidence
B. Ultimate fact D. Preponderance of evidence
65. Evidence which has some relation to what is sought to be proved.
A. Relevant C. Competent
B. Material D. Admissible
66. It affects an issue in an important or substantial matter.
A. Relevant C. Competent
B. Material D. Direct
5. 67. Those evidence which are admissible in court are held to be:
A. Relevant C. Competent
B. Material D. Direct
68. Refers to an evidence of the same kind adduced to prove the same fact.
A. Real C. Corroborative
B. Cumulative D. Circumstantial
69. Additional evidence of a different kind but tending to prove the same fact.
A. Real C. Corroborative
B. Cumulative D. Circumstantial
70. Oral testimony given in open court.
A. Realevidence C. Testimonial evidence
B. Documentary evidence D. Admission evidence
71. Evidence delivered in open court wherein the witness state that he does not know whether a fact did or did not occur.
A. Positive C. Direct
B. negative D. Circumstantial
72. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidences.
A. Primary C. Prima facie
B. Secondary D. Best
73. Given by a person of specialized knowledge in some particular field.
A. Primary C. Secondary
B. Best D. Expert
74. That kind of evidence which cannot be rebutted or overcome.
A. Primary C. Real
B. Best D. Conclusive
75. Legal basis of inadmissibility of evidences obtained thru torture, threat, violence or intimidation.
A. Sec 2 Bill of Rights C. Sec 12 Bill of Rights
B. Sec 3 Bill of Rights D. Sec 17 Bill of Rights
76. Cognizance of certain facts which judges may properly take as fact because they are already known to them.
A. Cognizance C. Judicial knowledge
B. Judicial Admission D. Judicial Notice
77. One which assumes as true a fact not yet testified to by the witness, or a contrary to that which he has previously
stated.
A. Leading C. Confusing
B. Misleading D. Res Gestae
78. In case of falsification of document what would be the best evidence?
A. Authentic document C. Questioned document
B. Holographic document D. Genuine document
79. When a witness affirms that a fact did or did not occur, such testimony is said to be:
A. Relevant evidence C. Positive evidence
B. Material evidence D. Negative evidence
80. Which among the following may not be a means to impeach a judicial record?
A. Want of jurisdiction in the court or judicial officer
B. Collusion between the parties
C. Fraud in the party offering the record
D. Alterations
81. What is meant by demurrer to evidence?
A. Motion to dismiss C. Motion to inhibit
B. Plea to dismiss D. Motion to postpone
82. When can a circumstantial evidence sufficient to convict?
A. There is more than one circumstance
B. The facts from which the inference are derived must be proved
C. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt
D. All of these
83. The following are element of corpus delicti, except:
A. That a certain result has been produced.
B. Some person is criminally liable for the act.
C. The accused need not necessarily be the doer of the act
D. The accused must be the doer of the act.
84. Private document are proved by:
A. Testimony of the one who made the writing
B. Testimony of anyone who saw the execution of the writing
C. Evidence of the genuineness of the handwriting of the writer
D. Both B and C
85. Any deed or instrument executed by a private person without the intervention of a notary public.
A. Holographic document
B. Genuine document
C. Public Document
D. Private Document
86. Who among the following may be used to prove the handwriting of a person in open court?
6. A. Secretary of the accused for 20 years
B. A questioned document examiner
C. Friend and co-employee of the accused for more than 20 years
D. Any of the forgoing
87. Under the rules, a judicial record may be impeached by:
A. Evidence of fraud in the party offering the record with respect to proceedings.
B. Evidence of collusion between the partied in the proceedings.
C. Evidence of want in the jurisdiction in the court or judicial officer with respect to the proceedings.
D. Any of the foregoing
88. When shall the offer of testimonial evidence made?
A. Before testimony of witness
B. After testimony
C. At the time the witness is called to testify
D. After the oath of taken by the witness
89. When can the adverse party object to any testimonial evidence?
A. After the testimony of the witness
B. After the direct examination of the witness
C. During the cross examination
D. At any time and as soon as the grounds therefore become reasonably apparent
90. Several documentary evidences were not formally offered at the hearing of the case,this would;
A. Be of no bearing since it is related and important with the case at hand
B. Prompt the court to accept it.
C. Prompt the court to exclude the same from the record
D. Prompt the court to issue a subpoena
91. Generally, objective to documentary evidence must be made;
A. Before it has been offered in the evidence
B. After it has been offered in evidence
C. Within 3 days after notice of the offer unless a different
d. None of these
92. When may a formal offer of object and documentary evidence is made?
A. After the presentation of witnesses of both litigants
B. After a party’s testimonial evidence
C. After pre-trial
D. During pre-trial
93. The degree of proof which produces in the mind of an unprejudiced person, that moral certainly or moral conviction
that the accused did commit the offense charged. Also known as the quantum of evidence used to convict the person
charge in criminal cases
A. Weight of evidence
B. Sufficiency of evidence
C. Preponderance of evidence
D. Proof beyond reasonable doubt
94. Generally leading question are allowed on direct examination in the following cases,except:
A. By contradictory evidence
B. In interrogation of an unwilling or hostile witness
C. When they relate to preliminary matters
D. When there is difficulty in obtaining direct and intelligible answer from the witness
95. Who among the following may give intelligible answer witnesses?
A. A register voter
B. A child of tender age
C. A feeble minded person
D. A deaf-mute person
96. When may a party impeach his own witness?
A. In case of hostile witness
B. Where the witness is not voluntarily offered but required by law to be presented by the proponent
C. Where the witness is the adverse party or the representative of a juridical person which is the adverse party
D. Any of the foregoing
97. The following are means of impeaching witness of the adverse party, except
A. In case of a hostile witness
B. By contradictory evidence
C. Evidence that his general reputation for truth or integrity is bad
D. Inconsistencies of statement made with respect to the testimony
98. These are testimonies which are read and submitted as evidence provided that the respondent is dead or cannot testify
or outside the court.
A. Deposition
B. Oral testimony
C. Testimonial evidence
D. Extra judicial statement
99. The following are factors required to qualify a person as an expert witness, except:
A. Extensive Training and Educational
7. B. Particular first hand familiarity with the facts of the present case
C. Of legal age
D. Presentation of the authorities on which has opinions are based
100. Res gestae may be admissible with the following requisites, except:
A. There must be a starling occurrence
B. The statement must be spontaneous
C. The statements made must refer to the occurrence in question and its attending circumstances
D. It must exist previous to the controversy