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Exam prelim1sffsdfvcxvdsfsdcsdvfsdfsdfsdf.pptx
- 1. 1. Is themeans, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. A. Fact B.Proof C.Evidence D.Testimony
- 2. 2. Any eventor act or condition of things, assumed (for the moment) as happening or existing. A.Fact-in-evidence B.Evidence C.Fact D.Factum probans
- 3. 3. The materialevidencing the proposition; conceived of for practical purposes as existent, and is offered as such for the consideration of the tribunal. A.Factum Probandum B.Factum Probanda C.Factum Probans D.Factum Proban
- 4. 4. The propositionto be established; necessarily conceived as hypothetical. A.Factum Probandum B.Factum Probanda C.Factum Probans D.Factum Proban
- 5. 5. The proofof facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence. A.Direct Evidence B.Secondary Evidence C.Tertiary Evidence D.Circumstantial Evidence
- 6. 6. That whichis necessarily inferior to primary evidence and shows on its face that better evidence exists (example: copy of the original contract). A. Direct Evidence B. Secondary Evidence C. Tertiary Evidence D. Circumstantial Evidence
- 7. 7. That whichproves the fact in dispute without the aid of any inference or presumption. A.Direct Evidence B.Secondary Evidence C.Tertiary Evidence D.Circumstantial Evidence
- 8. 8. That whichaffords the greatest certainty of the fact in question (example: the original contract). A.Great Evidence B.Secondary Evidence C.Tertiary Evidence D.Primary Evidence or Best Evidence
- 9. 9. Signifies thatan offered witness is not qualified, under the rules of testimonial evidence. A.Relevant Evidence B.Irrelevant Evidence C.Incompetent Evidence D.Competent Evidence
- 10. 10. Evidence notexcluded by law in a particular case. A.Relevant Evidence B.Irrelevant Evidence C.Incompetent Evidence D.Competent Evidence
- 11. 11. Signifies thatthe offered piece of evidence has no probative value. A. Relevant Evidence B. Irrelevant Evidence C. Incompetent Evidence D. Competent Evidence
- 12. 12. That whichhas a tendency in reason to establish the probability or improbability of a fact in issue; materiality has been used interchangeably with relevancy. A.Relevant Evidence B.Irrelevant Evidence C.Incompetent Evidence D.Competent Evidence
- 13. 13. That whichis addressed to the sense of the tribunal, as where objects are presented for the inspection of the court. A.Real Evidence B.Unreal Evidence C.True Evidence D.Sensational Evidence
- 14. 14. The testimonyof one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons. A. Professional Evidence B. Expert Evidence C. Expert or Professional Evidence D. None of the Above
- 15. 15. Additional evidenceof a different kind and character, tending to prove the same point. A. Cumulative Evidence B. Conclusive Evidence C. Corroborative Evidence D. Prima Facie Evidence
- 16. 1. The ruleson evidence must be liberally construed so as not to frustrate substantial justice.
- 17. 2. The rulesof evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules.
- 18. 3. Any evidenceinadmissible according to the laws in force at the time the action accrued, but admissible according to laws in force at the time of the trial, is not receivable.
- 19. 4. The ruleson evidence cannot be waived. When an otherwise objectionable evidence is not objected, the evidence becomes admissible because of waiver.
- 20. 5. To admitevidence and not to believe it are not incompatible with each other.
- 21. 6. The admissibilityof evidence should not be equated with the weight of the evidence.
- 22. 7. Evidence musthave such a relation to the fact in issue as to induce belief in its existence or non-existence.
- 23. 8. Evidence oncollateral matters shall be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.
- 24. 9. Evidence onthe credibility of witness, or the lack of it, is always irrelevant.
- 25. 10. A courtshall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality.
- 26. 11. A courtcannot take judicial notice, without the introduction of evidence, of the measure of time, and the geographical divisions.
- 27. 12. The merepersonal knowledge of the judge is not the judicial knowledge of the court, and he is not authorized to make his individual knowledge of a fact, not generally or professionally known, as the basis of his action.
- 28. 13. It iswell-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. Like any other facts, they must be alleged and proved.
- 29. 14. During thetrial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.
- 30. 15. Municipal TrialCourts (MTC) should take judicial notice of municipal ordinances in force in the municipality in which they sit.