30 Questions
What is the purpose of admitting curative evidence?
To contradict or neutralize improper evidence presented by the other party.
Under the Massachusetts Rule, what action may the adverse party take?
Introduce similar incompetent evidence to counteract unfair prejudice.
What determines the evidentiary weight of a particular item of evidence?
Judicial evaluation within the guidelines of the rules of evidence.
In which situation does the American Rule apply?
When one party presents inadmissible evidence without objection.
What is the test of competency for admissibility of evidence?
The exclusion by law or rules.
Under the English Rule, what action can the adverse party take if inadmissible evidence has been presented?
Resort to similar inadmissible evidence.
What type of defense is a denial considered to be?
Negative
In which legal case was it highlighted that a denial is a very weak form of defense?
People v. Mendoza, 450 SCRA 328
What is the main weakness of using an alibi as a defense?
It can be easily fabricated
Which type of identification prevails over an alibi according to case law?
Categorical and positive identification
What must the accused establish for an alibi defense to succeed?
It was physically impossible for him to be at the crime scene
What type of evidence is necessary for an alibi to prosper?
Positive, clear, and satisfactory evidence
What is necessary to consider an extrajudicial confession a sufficient ground for conviction?
Corroboration by evidence of corpus delicti
Which of the following best defines 'corpus delicti'?
The fact of the commission of the crime
How can the corpus delicti be proven according to the text?
By credible testimony of a sole witness
What are the elements required to constitute the corpus delicti in illegal possession of a firearm?
Intent to possess and lack of license for the firearm
What is the rule regarding the credibility of a witness?
May be believed in part and disbelieved in another part
Is the identity of the accused considered an element of corpus delicti?
No, it is not a necessary element
What is a presumption of law?
A deduction that the law expressly directs to be made from particular facts
How does a presumption shift the burden of proof?
It imposes on the party against whom it is directed the burden of going forward with evidence
What is a presumption of fact?
A deduction reason draws from proved facts without an express direction from law
How are presumptions related to judicial notice?
Judicial notice can substitute for the need to prove certain facts underlying presumptions
What is the main effect of a presumption on the burden of proof?
It shifts the burden of going forward with evidence to the party against whom it is directed
Why do presumptions matter in legal proceedings?
To help courts reach conclusions based on logical deductions
What principle is expressed by 'Falsus in uno, falsus in omnibus'?
A witness who lies about one thing is likely to lie about everything
In what circumstances may the uncorroborated testimony of an accused turn State witness suffice to convict the co-accused?
If it is given unhesitatingly, straightforwardly, and detailed
How are trial court findings of fact usually treated on appeal?
Will not be disturbed unless substantial matters were overlooked
Who is best positioned to determine the credibility of witnesses?
The trial judge observing and evaluating demeanor on the witness stand
What standard is required for the lone testimony of the complaining party in a rape case to convict the accused?
'Serious and material contradictions' nullify its validity
When may an accused's uncorroborated testimony suffice to convict their co-accused?
If it is given confidently and with specific details uncharacteristic of deliberate afterthought
Test your knowledge on legal presumptions, including facts admitted, agreed and judicially noticed. Explore the concept of presumptions as assumptions of fact based on rules of law.
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