Legal Evidence Overview

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Questions and Answers

Which act involves the application of extreme heat or chemicals to cause pain?

Psychological manipulation

Electric torture

Mutilation

Cigarette burning (correct)

What method involves subjecting a person to suffocation using a plastic bag?

Waterboarding

Asphyxiation (correct)

Chemical restraint

Thermal exposure

Which of the following acts directly alters a person's cognitive abilities?

Psychoactive drug administration (correct)

Severe exposure to elements

Extreme temperature exposure

Physical restraint

Which form of torture involves forced bodily positioning?

Fixed bodily position Signup and view all the answers

What is a method of torture that involves severe physical pain through removal?

Extraction of teeth Signup and view all the answers

What can a party present evidence for in relation to a written agreement?

To explain intrinsic ambiguity or mistake Signup and view all the answers

Which circumstance allows one spouse to testify against the other?

For a crime committed by one against the other Signup and view all the answers

Which of the following is a disqualification by reason of marriage?

Making statements without the other spouse's consent Signup and view all the answers

What is a witness defined as in the legal context?

A person who makes a statement to a judicial tribunal Signup and view all the answers

Which of the following does not disqualify a witness?

Relationship to one of the parties Signup and view all the answers

What constitutes intrinsic ambiguity in a written agreement?

Vague phrasing that can lead to multiple meanings Signup and view all the answers

Under which condition can privileged communication not be revealed in court?

If it was received in confidence Signup and view all the answers

What is required for a witness to be legally competent?

Must be able to perceive and communicate Signup and view all the answers

What type of jurisdiction allows a court to hear cases for the first time?

Original Signup and view all the answers

Which jurisdiction means that any of two or more courts can take cognizance of a case?

Concurrent Signup and view all the answers

What is the highest court in the land?

Supreme Court Signup and view all the answers

Which of the following is not a kind of jurisdiction outlined?

Federal Signup and view all the answers

Which of the following is NOT considered an act of mental/psychological torture?

Providing legal counsel Signup and view all the answers

In what type of jurisdiction does a court have authority over a few specified cases?

Limited Signup and view all the answers

What is the maximum amount of compensation that can be claimed for torture-related injuries?

₱10,000 one-time payment Signup and view all the answers

Which court reviews decisions made by Regional Trial Courts?

Court of Appeals Signup and view all the answers

Which of the following acts can result in the penalty of reclusion perpetua?

Torture resulting in death Signup and view all the answers

Which act is NOT associated with causing mental/psychological torture?

Providing recreational activities Signup and view all the answers

Which type of jurisdiction is characterized by the court’s power to decide all disputes except those assigned to other courts?

General Signup and view all the answers

How many Associate Justices are part of the Supreme Court?

14 Signup and view all the answers

What is a potential psychological effect of torture mentioned in the content?

Insanity Signup and view all the answers

Which act would be classified as an analogous act of mental/psychological torture?

Denial of sleep Signup and view all the answers

Which of the following is a method of inflicting shame noted in acts of torture?

Stripping naked Signup and view all the answers

Which condition is NOT eligible for compensation under the specified guidelines?

Suffering emotional distress Signup and view all the answers

What is the primary role of law enforcement agencies such as the Philippine National Police?

To investigate, make arrests, and prepare evidence against suspects Signup and view all the answers

Which law established the Philippine National Police?

RA 6975 Signup and view all the answers

What is one of the powers of the Philippine National Police?

To enforce laws and ordinances concerning public safety Signup and view all the answers

What characterizes the organizational structure of the Philippine National Police?

National in scope and civilian in character Signup and view all the answers

Which of the following is NOT a function of the Philippine National Police?

To deliver public healthcare services Signup and view all the answers

What does RA 8551 address regarding the Philippine National Police?

Reform and reorganization of the police force Signup and view all the answers

How does the Philippine National Police assist in the justice process?

By making arrests and assisting in prosecution Signup and view all the answers

Which agency provides the administrative control and operational supervision for the Philippine National Police?

National Police Commission Signup and view all the answers

What type of jurisdiction does the Sandiganbayan have over criminal cases?

Original exclusive jurisdiction over public officers with salary grade 27 and above Signup and view all the answers

Which of the following is a function of the Court of Tax Appeals (CTA)?

Exercise jurisdiction over civil and criminal tax cases Signup and view all the answers

What is the maximum imprisonment for offenses under the original jurisdiction of Municipal Trial Courts?

Six years and one day Signup and view all the answers

How many justices are there in the Court of Tax Appeals?

Five Signup and view all the answers

Which courts handle appeals from cases decided by the Municipal Trial Courts?

Court of Appeals Signup and view all the answers

What special function do Shari'a Courts serve in the Philippine legal system?

Adjudicate Muslim personal laws Signup and view all the answers

Which type of cases does the Sandiganbayan specifically deal with?

Graft and corruption cases Signup and view all the answers

What is the structure of the Sandiganbayan in terms of judicial members?

A Presiding Justice and fourteen Associate Justices Signup and view all the answers

Study Notes

Evidence

Evidence is the means sanctioned by law to determine truth in a legal proceeding.
Factum probandum is the ultimate fact to be proved.
Factum probans is the evidentiary fact used to prove the ultimate fact.
Evidence can be classified as object/real/autoptic/physical/tangible, testimonial, and documentary.
Object evidence is shown or exhibited in court.
Testimonial evidence is a witness's oral or written testimony.
Relevant evidence has a reasonable tendency to prove a matter in dispute.
Material evidence is relevant to the case at hand.
Competent evidence is not explicitly excluded by rules or the constitution.
Direct evidence proves the fact directly without inference.
Circumstantial evidence uses facts to infer the existence of a fact in dispute.
Cumulative evidence is of the same kind and to the same point.
Corroborative evidence is different but supports another fact.
Expert evidence comes from a person with specialized, non-ordinary knowledge.
Primary evidence is the best available; secondary evidence is used when primary is not available.
Positive evidence affirms a fact's occurrence; negative evidence denies a fact's occurrence.
Documentary evidence contains letters, words, numbers, symbols for proof of their contents (electronic is included).
Exculpatory evidence excuses an action; inculpatory evidence incriminates a person.
Evidence is admissible if it's relevant to the issue and not excluded by law.
Judicial notice is acceptance of facts without proof because they are well-known.
Mandatory judicial notice covers entities like states, political history, laws of nature, and geographic divisions.

Judicial Notice, Discretionary

Discretionary judicial notice covers matters of public knowledge, unquestionable demonstration, or knowledge naturally possessed by judges.

Best Evidence Rule (Original Document Rule)

The original document, writing, recording, photograph, or other record is best evidence in inquiries of content.
Exceptions include original loss/destruction, custody of opposing party, numerous records, public records, and if not essential.

Parol Evidence Rule

When an agreement is written, extrinsic evidence cannot contradict or add to the written terms.
Exceptions include ambiguities or inconsistencies in the written document, failure to express true intent, or terms agreed to after the contract was signed.

Witness

Witnesses must perceive and describe their perceptions.
Competency is the legal fitness to be a witness.
Relevant factors include capacity to perceive/relate.
Religious or political beliefs, or conviction of crimes are not factors that disqualify a witness.
Spouses are forbidden from testifying against each other unless in civil cases between them, or in criminal cases for offenses by one against the other.

Privileged Communication

Confidential communications from a trusted relationship are confidential and not revealed in court.
Examples include attorney-client, physician-patient, minister-penitent.

Admissions and Confessions

Admissions are statements acknowledging a fact, but not necessarily guilt.
Confessions acknowledge guilt of a crime.

Dying Declarations

Statements made by those believing their death is imminent are admissible in cases of death investigation.

Interlocking Confessions

Confessions by multiple individuals consistent with each other may enhance credibility.

Hearsay

Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted, it is generally inadmissible unless an exception applies.

Other Evidence Rules and Categories

Includes hearsay rules, types of confessions, impeachment of witnesses, and document rules.

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Description

This quiz explores the various kinds of evidence used in legal proceedings. It covers essential terms like factum probandum and factum probans, and distinctions between different types of evidence such as testimonial, physical, and circumstantial. Brush up on your legal knowledge and understand how evidence impacts the pursuit of truth in court.