2024 Evidence Recitation Final

Wat er op dit rad staat (103 opties)

• Which branch of government has the power to promulgate rules for the conduct of judicial proceedings?
• It is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding, the truth respecting a matter of fact.
• Who is your instructor in Evidence?
• Who is your instructor in Evidence?
• Who is your instructor in Evidence?
• These are the essential and substantial facts that either form the basis of the primary right and duty or which directly make up the wrongful acts or omissions of the defendant.
• Ultimate facts are also known as ____________.
• These are facts that tend to prove or establish ultimate facts or premises that lead to the conclusion of ultimate facts.
• Evidentiary facts are also known as ____________.
• There is _________ when there is sufficient evidence to support a factual conclusion.
• Give the 3 kinds of evidence as to form.
• If photographs, video recordings, and the like are offered as proof of their contents, they are _________ evidence.
• If photographs, video recordings, and the like are offered as proof of their existence, then they are _________ evidence.
• ___________ evidence is proof of the fact in issue.
• __________ evidence is proof if collateral facts to the fact in issue.
• _________ evidence is a statement of a witness affirming, confirming, and agreeing that a fact did or did not occur.
• _____________ evidence is a testimony that a fact did not exist, that a thing was not done, that no one did not hear.
• ______________ evidence is additional evidence of a different kind and character tending to prove the same point.
• ____________ evidence is additional evidence of the same kind and character tending to prove the same point.
• It is an evidence which, if unexplained or uncontradicted, is sufficient to sustain a judgment in favor of the issue it supports.
• It is any evidence stored or transmitted in a digital or electronic format that a party to a court case may use at trial.
• It is an evidence that constitutes the totality of the DNA profiles, results, and other genetic information directly generated from DNA testing of biological samples.
• Give 5 mandatory judicial notice.
• Give the 3 discretionary judicial notice..
• It is a clear and categorical declaration on a matter of fact that is adverse to the interest of the declarant, made knowingly and voluntarily by the declarant.
• It is a specific admission as to the guilt of the accused.
• ___________ presumptions cannot be overturned by contradicting evidennce.
• _____________ presumptions hold true until the parties present evidence building towards a conclusion to the contrary.
• What does DNA mean?
• When did the 2019 Proposed Amendments to the Rules in Evidence take effect?
• Give the order of the examination of witnesses.
• It is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law.
• It is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case.
• What is the quantum of evidence required in civil cases?
• What is the quantum of evidence required in criminal cases?
• This means the evidence produces moral certainty or conviction in an unprejudiced mind.
• What is the quantum of evidence in administrative cases?
• What are the requisites for the circumstantial evidence sufficient for conviction?
• These are objects that have readily identifiable marks.
• These are object with no identifying marks and cannot be marked.
• It is any organic material originating from a person's body.
• It is the comparison of DNA profiles to determine whether the biological samples originate from related persons.
• Explain the chain of custody procedure.
• Who are the two witnesses required to be present during the inventory of the seized evidence in drug cases?
• ___________ documents are admissible in evidence without the need for proof of their due execution and genuineness.
• It states that when the subject of inquiry is the content of a document, writing, recording, photograph, or other record, no evidence is admissible other than the original document itself.
• It is an evidence relating to a contract or will, but not appearing on the face of the contract or will because it comes from other sources.
• It provides that the written agreement is considered as containing all the terms agreed upon and that the parties and their successors is interest cannot introduce evidence of the contract terms other than the contents of the written agreement.
• A ___________ is a person who gives credence in a cause before a court through an oral examination or by deposition.
• It provides that an act, declaration, or omission of a third party cannot prejudice the rights of a party.
• They are persons who have technical familiarity with a subject and are recognized to possess such specialized knowledge.
• It is defined as a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
• Give the 4 requisites for the admissibility of a dying declaration.
• Who can be a witness?
• It is a disqualification due to the person's inability to perceive or inability to make his or her perceptions known.
• Who is your instructor in Evidence?
• Who is your instructor in Evidence?
• Who is your instructor in Evidence?
• It is a disqualification due to a person's relationship or to the nature of the facts to be testified upon.
• It is rule which means that a witness can testify only to those facts which he or she knows of hie or her personal knowledge or one that is derived from his or her own perception.
• It is a doctrine which holds that conversation communicated to a witness by a third person may be admitted as a proof that, regardless of their truth or falsity, they were actually made.
• It means that spouses cannot testify against each other while they are married.
• Give the 3 exceptions to spousal immunity.
• Give the 5 disqualification by reason of privileged communication.
• It is a privilege which means that a child cannot be compelled to testify against his or her parents.
• It is a privilege which states that a parent cannot testify against his or her child.
• It means to discredit a wtiness, so that little or no weight is given to the witness' testimony.
• How to impeach a witness? Give 1.
• Give the 4 exceptions where parol evidence is allowed.
• Give the 4 exceptions to the Original Document Rule or Best Evidence Rule.
• It is a writing, deed, or instrument executed by a private person without the intervention of a notary or other person legally authorized by which some disposition or agreement is proved or set forth.
• It involves a situation where a witness positively testifies that a document presented as evidence is genuine and has been duly executed or that the document is neither spurious nor counterfeit nor executed by mistake or undue duress.
• How private documents are authenticated? Give the 3.
• Give the 3 requisite for the ancient document rule to apply.
• It means the duly recorded authorized movements and custody of seized drugs or controlled chemical or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction.
• It is an evidence addressed to the senses of the court.
• These are objects that are made readily identifiable.
• It is the medium or means by which a fact is proved or disproved.
• It is the probative effect of evidence.
• What are the 2 requisites for admissibility of evidence?
• It proves a fact without the need to make an inference from another fact.
• It proves a fact in issue indirectly through an inference which the fact finder draws from the evidence established.
• It is an evidence that is not excluded by law in a particular case.
• These are inferences of the existence or non-existence of a fact which courts are permitted to draw from the proof of other facts.
• These are presumptions which are irrebutable and any evidence tending to rebut the presumption is not admissible.
• They are those which are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence.
• It states that where a person who, by force of circumstances is under a duty to another to speak, refrains from doing so and thereby leads the other to believe in the existence of a state of facts in reliance on which he acts to his prejudice.
• It is unreasonable delay to seek or to enforce a right at a proper time.
• It states that whenever a party has, by his own declaration, act or omission, intentionally led another to believe a particular thing to be true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it.
• It is a doctrine in international law which states that the party who wants to have a foreign law applied to a dispute or case has the burden of proving the foreign law.
• It is the process of proving the due execution and genuineness of a document.
• It provides that when the subject of the inquiry is the contents of the document, no evidence shall be admissible other than the original document itself.
• It refers to evidence other than the original instrument or document itself.
• It is a kind of admission which does not require proof and may be contradicted only by showing that it was made through palpable mistake or that the imputed admission was not, in fact made.
• This admission occurs when a person manifests his assent to the statement of another person.
• It states that extrajudicial confessions independently made without collusion which are identical with each other in their essential details and corroborated by other evidence against the persons implicated, are admissible to show the probability of the latter’s actual participation in the commission of the crime.
• It is a kind of objection to evidence wherein it states that the evidence being presented is not relevant to the issue.
• It means that the evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence.
• It is the weight, credit, and aggregate evidence on either side and is usually considered to be synonymous with the term “greater weight of the evidence” or “greater weight of the credible evidence”.
• It means probability of the truth, evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.
• It states that where the evidence is relevant and competent for two or more purposes, such evidence should be admitted for any or all purposes for which it is offered provided it satisfies all the requirements of law for its admissibility therefor.
• It states that where the evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved, such evidence may be received on condition that the other facts will be proved thereafter, otherwise the evidence already given will be stricken out.
• It allows a party to introduce otherwise inadmissible evidence to answer the opposing party’s previous introduction of inadmissible evidence if it would remove any unfair prejudice caused by the admission of the earlier inadmissible evidence.