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Questions and Answers
What type of statement is considered hearsay?
What type of statement is considered hearsay?
- A written assertion intended as evidence
- A statement made by the declarant while testifying
- A statement made in court by the declarant
- An oral statement made outside the court (correct)
Under what condition is a statement not considered hearsay?
Under what condition is a statement not considered hearsay?
- If the declarant is subject to cross-examination (correct)
- If it is made in written form
- If the declarant is unavailable for cross-examination
- If it is not relevant to the case
Which of the following can be proven by similar acts as evidence?
Which of the following can be proven by similar acts as evidence?
- A specific intent or knowledge (correct)
- General character of the accused
- The innocence of the accused
- The defendant's prior criminal record
What does an unaccepted written offer equate to if rejected without valid cause?
What does an unaccepted written offer equate to if rejected without valid cause?
Which of the following statements reflects a characteristic of hearsay evidence?
Which of the following statements reflects a characteristic of hearsay evidence?
What is required for a statement to be considered non-hearsay regarding identification?
What is required for a statement to be considered non-hearsay regarding identification?
For what purpose can evidence of prior conduct generally not be used?
For what purpose can evidence of prior conduct generally not be used?
Which scenario qualifies as hearsay under the defined rules?
Which scenario qualifies as hearsay under the defined rules?
What type of evidence is excluded if it consists of extra-judicial confessions that were coerced?
What type of evidence is excluded if it consists of extra-judicial confessions that were coerced?
Which of the following is an example of 'real evidence'?
Which of the following is an example of 'real evidence'?
When is secondary evidence excluded according to rules of evidence?
When is secondary evidence excluded according to rules of evidence?
Which of the following is NOT an example of privileged communication?
Which of the following is NOT an example of privileged communication?
What kind of observations can be made during ocular inspections outside the courtroom?
What kind of observations can be made during ocular inspections outside the courtroom?
What must happen for an extra-judicial confession to be admissible as evidence?
What must happen for an extra-judicial confession to be admissible as evidence?
What type of evidence involves demonstrations or re-enactments during a trial?
What type of evidence involves demonstrations or re-enactments during a trial?
Which of the following statements about hearsay evidence is false?
Which of the following statements about hearsay evidence is false?
What must a matter possess for a court to take judicial notice of it?
What must a matter possess for a court to take judicial notice of it?
Which of the following is NOT a condition under which a court may take judicial notice?
Which of the following is NOT a condition under which a court may take judicial notice?
When is a court required to hear parties on the propriety of taking judicial notice?
When is a court required to hear parties on the propriety of taking judicial notice?
What is the principal guide for determining what facts may be assumed to be judicially known?
What is the principal guide for determining what facts may be assumed to be judicially known?
Which of the following is a risk associated with taking judicial notice?
Which of the following is a risk associated with taking judicial notice?
What can a court use as a basis for taking judicial notice?
What can a court use as a basis for taking judicial notice?
What is the role of discretion in the practice of judicial notice?
What is the role of discretion in the practice of judicial notice?
Which of these categories does NOT typically include matters that can be judicially noticed?
Which of these categories does NOT typically include matters that can be judicially noticed?
Which of the following is considered a public document?
Which of the following is considered a public document?
What must be proved before a private document can be accepted as authentic?
What must be proved before a private document can be accepted as authentic?
Under what condition is additional evidence of authenticity not required for a private document?
Under what condition is additional evidence of authenticity not required for a private document?
How can the genuineness of a person's handwriting be proved?
How can the genuineness of a person's handwriting be proved?
Which statement accurately reflects the definition of public records?
Which statement accurately reflects the definition of public records?
What can happen if the evidence of authenticity for a private document is inadequate?
What can happen if the evidence of authenticity for a private document is inadequate?
What type of documents are required to be entered into public records?
What type of documents are required to be entered into public records?
What must occur for a witness to be considered unwilling or hostile?
What must occur for a witness to be considered unwilling or hostile?
What type of evidence cannot be used to impeach a witness who is classified as unwilling or hostile?
What type of evidence cannot be used to impeach a witness who is classified as unwilling or hostile?
When can a witness be impeached based on inconsistent statements?
When can a witness be impeached based on inconsistent statements?
Which of the following individuals can be excluded from witnessing other testimonies?
Which of the following individuals can be excluded from witnessing other testimonies?
What is required before a witness can be cross-examined by the adverse party?
What is required before a witness can be cross-examined by the adverse party?
Which of the following is a valid reason for witness exclusion?
Which of the following is a valid reason for witness exclusion?
What is the role of the court regarding witness exclusion?
What is the role of the court regarding witness exclusion?
If a witness has made inconsistent statements, which condition must be fulfilled for those statements to be used for impeachment?
If a witness has made inconsistent statements, which condition must be fulfilled for those statements to be used for impeachment?
Study Notes
Judicial Notice
- Courts may take judicial notice of matters that are common knowledge or easily demonstrated.
- Judicial notice requires a hearing if necessary, especially if it influences a material issue in a case.
- Three key requisites for judicial notice:
- Must be a matter of general knowledge.
- Should be well-settled, avoid uncertainty.
- Must fall within the court's jurisdiction.
Exclusion of Evidence
- Exclusion rules apply to:
- Secondary evidence when the original is available.
- Hearsay evidence, which is typically inadmissible.
- Privileged communications.
Object (Real) Evidence
- Physical objects can serve as evidence if relevant to the case.
- Categories of real evidence:
- Exhibited to the court during trial (e.g., weapons, clothing).
- Inspected outside the courtroom (ocular inspections) for context.
Previous Conduct as Evidence
- Evidence of similar past behavior is generally inadmissible to prove current behavior but can indicate intent or identity.
- Unaccepted offers in writing may be treated as equivalent to actual production if rejected without cause.
Hearsay Evidence
- Defined as statements made outside of the current testimony, offered for truth verification.
- Exceptions to hearsay include:
- Testimony at trial subject to cross-examination.
- Statements inconsistent with prior testimony given under oath.
- Identification made after perception.
Impeachment of Witnesses
- Witnesses can be declared unwilling or hostile if shown to have adverse interests or unjustified reluctance.
- Such witnesses can be cross-examined similarly to adverse parties.
- Evidence of prior inconsistent statements can be used for impeachment only if the witness is presented with them and given a chance to explain.
Witness Exclusion
- Courts may exclude witnesses to prevent them from hearing others' testimonies.
- Exclusion does not apply to parties in the case, essential representatives, or those authorized to be present.
Public Documentation
- Public documents include written acts of authority, acknowledged documents, and records required by law.
- Private documents must show authenticity through various means:
- Witness testimony on execution.
- Verification of signature authenticity.
- A private document over 30 years old can be accepted without additional proof if its condition suggests genuineness.
Genuineness of Handwriting
- Handwriting authenticity can be established by someone who knows the person's writing through direct observation or prior interactions.
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Description
Explore the intricacies of the political constitution and historical context of the Philippines through this quiz. Delve into various official acts and the broader implications of legislative, executive, and judicial departments of the Philippine National Government.
