INSTRUCTION: Select the correct answer for each of the following questions.
Mark only one
answer for each item by marking a box to the letter of your choice. STRICTLY NO ERASURES
ALLOWED.
1. Given by a person of specialized knowledge in some particular field.
A. Primary B. Best C. Secondary D. Expert
2. When a witness affirms that a fact did or did not occur, such testimony is said to be:
A. Relevant evidence B. Material evidence C. Positive evidence D. Negative evidence 1
3. 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
4. After raping Josefa, Jose went on to marry the former, however a sudden turn of events urged
Josefa to file a criminal case of rape against her husband, what evidence would be most vital to
aid Jose in his defense?
A. Marriage settlement B. His testimony
C. Testimony of the witnesses D. Marriage contract between them
5. 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 B. Parole evidence rule C. Hearsay rule D. Res Gestae rule
6. That 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.
A. Ultimate fact B. Proof beyond reasonable doubt
C. Preponderance of evidence D. Substantial evidence
7. 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 evidence B. Dying declaration C. Res gestae D. Hearsay
8. An evidence delivered in open court wherein the witness states that he does not know whether
a fact did or did not occur.
A. Positive B. Negative C. Direct D. Circumstantial
9. One which assumes as true, fact not yet testified to by the witness, or contrary to that which he
has previously stated.
A. Leading B. Misleading C. Confusing D. Hearsay
10. The introduction of evidence is required only when the court has to resolve
a . A. Matter of fact B. Question of the law C. Question of fact D. Substance of the law
11. It defines the admissibility of evidence
A. Sec. 3 rule 128 B. Sec. 4 rule 129 C. Sec. 3 rule 127 D. Sec. 3 rule 130
12 As a defense it is the weakest and it crumbles in the light of positive identification by a truthful
witness.
A. Alibi B. Frame up C. Reason D. Identification
13. The main function of judicial notice is to:
A. Abbreviate litigation by the admission of matters that need no evidence because judicial notice
is substitute for formal proof a matter of evidence.
B. Just judicial procedure
C. Effective judicial jurisdiction
D. All of the above
14. What do we call an admission in dismissed pleadings?
A. Extra judicial admissions B. Judicial admission C. Competent admission D. All of the above
1|P age
15. A Presumption is:
A. An assumption of fact resulting from a rule of law, which requires such fact to be assumed from
another fact or group of facts or otherwise, established in action
B. A wild guess
C. Discretionary assumption to uphold the instilling of justice
D. All of the above
16. The effect of an admission is:
A. Given by a party as evidence against him
B. Given by authority as evidence to the plaintiff
C. As evidence against the former
D. All of the above
17. There are how many kinds of presumption?
A. There are two which: Conclusive Juris et de jure and Disputable Juris tantum.
B. There is only one Juris et de jure which means conclusive presumption
C. There is only one Juris tantum which, means disputable presumption
D. Presumption is just presumption and is invalid when presented
18. What kind of presumption involves the mental process by which the existence of one fact is
inferred from proof of some other facts?
A. conclusive B. of law C. disputable D. of fact
19. 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. Which of the following best describes the statement of A?
A. Circumstantial
B. Corroborative
C. Hearsay
D. Direct
20. What rule is observed when generally, there can be no evidence of a writing, the contents
of which is the subject matter of inquiry
A. secondary evidence B. parole evidence
C. corollary evidence D. best evidence
21. What is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth
respecting a matter of fact?
A. Evidence B. Procedure C. Investigation D. Trial
22. Cognizance of certain facts which judges may properly take as fact because they are
already known to him
A. Cognizance B. Judicial Admission
C. Judicial Knowledge D. Judicial Notice
23.. The probative value or credit given by the court to a particular evidence
A. Preponderance of evidence B. Evidentiary fact
C. Ultimate Fact D. Weight of Evidence
24. Which among the following may disqualify a witness
A. Capacity of observation B. Capacity of recollection
C. Capacity of Knowledge D. Capacity of communication
25. That kind of evidence which can not be rebutted or overcome
A. Primary B. Real
C. Best D. Conclusive
2|P age
