Evidence in Court Proceedings

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Questions and Answers

What type of evidence consists of tangible things exhibited in court?

Expert evidence

Testimonial evidence

Circumstantial evidence

Real evidence (correct)

Which type of evidence is submitted through the testimony of a witness?

Testimonial evidence (correct)

Expert evidence

Documentary evidence

Cumulative evidence

Which classification of evidence is governed by the Best Evidence Rule?

Cumulative evidence

Competent evidence

Circumstantial evidence

Documentary evidence (correct)

What type of evidence can prove a fact in dispute without any inference?

Direct evidence Signup and view all the answers

Which type of evidence refers to findings that can be inferred from existing facts?

Circumstantial evidence Signup and view all the answers

What is meant by conclusive evidence?

Evidence the law does not allow to be contradicted Signup and view all the answers

Which type of evidence is recognized as providing the greatest certainty of a fact?

Primary evidence Signup and view all the answers

What type of evidence includes testimonies from individuals with specialized knowledge?

Expert evidence Signup and view all the answers

Which statement is not a required condition for taking judicial notice?

The existence and territorial extent of states Signup and view all the answers

What type of evidence requires proof unless contradicted by showing palpable mistake?

Judicial admissions Signup and view all the answers

Which of the following is not a requisite for the admissibility of an object or real evidence?

The evidence must be presented through witnesses Signup and view all the answers

What is the purpose of taking judicial notice during a trial?

To allow parties to be heard on decisive matters Signup and view all the answers

Which of the following is true regarding the admiralty and maritime courts?

They handle matters related to navigation and shipping Signup and view all the answers

What may be exhibited, examined or viewed by the court during proceedings?

Objects that are relevant to the fact in issue Signup and view all the answers

How may judicial notice be taken after the trial and before judgment?

On its own initiative or request from a party Signup and view all the answers

What is a tangible thing submitted to the court for inspection called?

Object evidence Signup and view all the answers

What is the main purpose of preventing one party from testifying when the other is unable to do so due to death or mental disabilities?

To protect the deceased's reputation and prevent false claims. Signup and view all the answers

Under the Marital Communication Rule, when can a spouse testify about confidential communications?

In criminal cases regarding crimes against each other or their descendants. Signup and view all the answers

Which of the following individuals is NOT precluded from testifying about confidential information without consent?

A public officer regarding official communications. Signup and view all the answers

What conditions must be met for an attorney to testify about communications from their client?

There must be consent from the client. Signup and view all the answers

Which professional is required to obtain consent from the patient before testifying about their treatment or advice?

A physician. Signup and view all the answers

What would happen if a minister were to testify about a confession without consent?

It violates the privileges of confidential communications. Signup and view all the answers

Which of the following is an example of a privilege that applies to confidential communications?

Doctor-patient privilege requiring patient consent for testimony. Signup and view all the answers

In what situation can a public officer be examined about confidential communications?

If the court determines public interest is not affected. Signup and view all the answers

What is a necessary condition for marital privilege to be invoked?

There must be a valid marital relationship. Signup and view all the answers

Which group of individuals is protected from being compelled to testify against their relatives?

Parents and their descendants. Signup and view all the answers

What must be true for physician and patient privilege to apply?

The information must be confidential and harmful if disclosed. Signup and view all the answers

Which of the following describes the purpose of privileged communication between a lawyer and client?

To encourage clients to share sensitive information freely. Signup and view all the answers

Which of the following is NOT a requisite for claiming marital privilege?

The communication was made in writing. Signup and view all the answers

What is an admission in the legal context?

A declaration made by a party that is against their interest. Signup and view all the answers

What type of privilege protects communications made in official confidence by public officers?

Official privilege. Signup and view all the answers

Which statement about parental privilege is accurate?

Parents cannot be compelled to testify against their direct descendants. Signup and view all the answers

What condition must be met for a dying declaration to be admissible in court?

The declaration must be made under the consciousness of an impending death Signup and view all the answers

Which of the following is NOT a requirement for a declaration against interest?

The declaration must be corroborated by eyewitnesses Signup and view all the answers

Why is the truth considered to sit on the lips of dying men?

Because all motives for falsehood are silenced Signup and view all the answers

In the case of a declaration against interest, what must be true about the declarant's understanding of their statement?

The declarant must understand it is contrary to their interest Signup and view all the answers

Which statement about dying declarations is correct?

Dying declarations must relate to the declarant's death Signup and view all the answers

What illustrates an example of a declaration against interest?

A dying man states that he had an affair with the victim's spouse Signup and view all the answers

What is the likely reason for admitting a dying declaration in a trial?

The statements are less likely to be biased Signup and view all the answers

Which factor is essential for a declaration against interest to be considered valid?

The declarant must have no motive to falsify the statement Signup and view all the answers

Study Notes

Evidence in General

Evidence is the method of proving facts in court proceedings

Classification of Evidence

Object Evidence (Real, Autoptic, Physical, Tangible): Directly addresses the court's senses, consisting of tangible things presented in court.
- Most reliable evidence
Testimonial Evidence: Submitted through witness testimony or depositions.
- Consists of oral or written statements from witnesses, like depositions and affidavits.
Documentary Evidence: Comprises writings, materials with letters, words, numbers, figures, symbols, or modes of written expression offered as proof of their content.
- Governed by the Best Evidence Rule, Parol Evidence Rule, and Electronic Evidence Rule

Other Classifications of Evidence

Relevant Evidence: Has value in proving any matter provable in a case
Material Evidence: Directed to prove a fact in issue determined by substantive law and pleading
Competent Evidence: Not excluded by rules, statutes, or the Constitution
Direct Evidence: Proves a fact without inference or presumption
Circumstantial Evidence: Proof of facts that, singly or collectively, infer the existence of the disputed fact
Cumulative Evidence: Same kind of evidence related to the same state of facts
Corroborative Evidence: Additional evidence of different character that supports the same point
Expert Evidence: Testimony from someone with specialized knowledge in a particular subject or field
Prima Facie Evidence: Evidence, standing alone, unexplained or uncontradicted, that is sufficient to establish a proposition
Conclusive Evidence: Evidence that cannot be contradicted under law
Primary Evidence: Affords the greatest certainty of the fact in question
Secondary Evidence: Inferior to primary evidence, permitted only when the best evidence is not available

Judicial Notice

Discretionary Judicial Notice: Courts may take notice of matters that are:
- Of public knowledge
- Capable of unquestionable demonstration
- Should be known to judges due to their judicial functions
Judicial Notice with Hearing: Courts may announce intention to take judicial notice during trial or after, allowing parties to be heard.

Judicial Admissions

An admission made by a party during proceedings in the same case does not require proof.
Admissions can be contradicted by showing it was made through a palpable mistake or that no such admission was made.

Rules of Admissibility (Rule 130)

A. Admissibility of Object Evidence

Object evidence is a tangible thing presented to the court for inspection, exhibition, or demonstration.
Requisites for Admissibility of Object Evidence:
- Relevance to the fact in issue
- Authentication
- Exception: If one party to the alleged transaction is prevented from testifying due to death, insanity, or mental disability, the other party cannot take advantage by providing uncontradicted testimony. This rule aims to prevent the surviving party from fabricating or exaggerating claims against the deceased.

B. Testimonial Privilege

Marital Communication Rule (Spousal Immunity Rule):
- A spouse cannot be examined without the consent of the other as to any communication received in confidence during the marriage.
- Exceptions: Civil cases by one spouse against the other, or in a criminal case for a crime committed by one against the other or their direct descendants or ascendants.
Attorney-Client Privilege:
- An attorney cannot be examined without the client's consent regarding communications made by the client or advice given in the course of professional employment.
- This also applies to the attorney's secretary, stenographer, or clerk.
Physician-Patient Privilege:
- In a civil case, a physician cannot be examined without the patient's consent regarding any advice or treatment given, or information acquired while attending the patient, that is necessary for their professional capacity and would damage the patient's reputation.
Minister/Priest Privilege:
- Cannot be examined without the person’s consent about any confessions made or advice given in their professional capacity during the course of religious discipline.
- This privilege is not waivable.
Public Officer Privilege:
- Public officers cannot be examined during their term or afterward about communications made to them in official confidence if the public interest would be harmed by disclosure.
- This privilege is not waivable.

Parental and Filial Privilege

Parental Privilege: Parents cannot be compelled to testify against their descendants.
Filial Privilege: Witnesses cannot be compelled to testify against their parents or direct ancestors.

Admission and Confession

Admission: Any statement by a party against their interest, unfavorable to the conclusion they are advancing, or inconsistent with the facts they allege.
Dying Declaration:
- A statement made by a person believing their death is imminent.
- Admissible as evidence because at the point of death, there is no motivation to lie, and the mind is driven to speak the truth.
Declaration Against Interest:
- A declaration by a deceased or incapacitated person against their interest, where the facts asserted were so contrary to their interest that a reasonable person in their position would not have made them unless they believed them to be true.
- Admissible against the declarant or their successors in interest, and against third persons.
Requisites of Declaration Against Interest:
- The declarant is dead or unable to testify.
- The declaration relates to a fact against the declarant's interest.
- The declarant was aware that the declaration was against their interest at the time it was made.
- The declarant had no motive to falsify and believed the declaration to be true.

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Description

Explore the fascinating world of evidence used in legal contexts through this quiz. Understand the various classifications of evidence, from object and testimonial to documentary, and the importance of relevant and material evidence. Test your knowledge about how evidence proves facts in court.