Wednesday, November 9, 2011

sample mcq's

1. The jurisdiction of courts are determined by

A. Congress.
B. The Supreme Court.
C. The Judicial and Bar Council.
D. The Court Administrator.

2.) Which of the following constitutes antecedent collateral evidence of a bank robbery that several accused committed?

A. The act of the lookout during the robbery.
B. The kinship among them.
C. The amount missing from the bank’s vault
D. The fingerprints on the teller’s counter.

3.) Real or object evidence is authenticated by showing

A. who owns it.
B. that it is what it is claimed to be.
C. how the evidence got to court.
D. similar or like objects.

4.) A couple named their son Mario Lopez. But a confused clerk at the hospital registered his name as Maria Lopez and his gender as female. The city civil registrar has authority to

A. correct his name and gender.
B. correct his name but not his gender.
C. correct his gender but not his name.
D. indorse the case to court.

5.) A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an award of moral damages. The writ of execution, however, orders the defendant to pay moral damages of P5,000. Must he comply?

A. Yes since the body of the decision contains the justification for it.
B. No since it is the dispositive portion of the decision that controls.
C. Yes since the writ of execution affirms it.
D. No since the plaintiff needed to pay docket fee on the P5,000.

6.) A criminal action must be filed in the place where

A. the offense took place.
B. the accused was apprehended and detained.
C. the offended party resides.
D. the preliminary investigation took place.

7.) The police nabbed two robbery suspects whom they convinced during the investigation to go with them to the scene of the crime to reenact how they committed it. Is the reenactment admissible in evidence?

A. No since it amounts to waiver of right to silence without the advice of counsel.
B. Yes since the reenactment was voluntary.
C. No since it is irrelevant evidence.
D. Yes since the reenactment was unaccompanied by any statement from the suspects.

8.) To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico running down the street, shouting excitedly, “Sinaksak daw ni Susan ang asawa niya!” Rico’s declaration is

A. admissible as part of res gestae.
B. inadmissible as hearsay.
C. admissible as independently relevant statement.
D. inadmissible as a mere opinion.

9.) The law that will determine jurisdiction over a particular case is the law in force at the time

A. the cause of action accrued.
B. the action is filed.
C. the issues in the action are joined.
D. the defendant receives the complaint.

10.) The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a certain fact proved provided that

A.the accused has a chance to overcome it.
B. the nature of the crime permits it.
C. what is proved and presumed are reasonably connected.
D. the law is not retroactive.

11.) Choose which of the following is correct:

a. Documentary evidence is that which is directly addressed to the senses of the court and consists of tangible things
b. Documentary evidence is offered when a document is presented to prove its existence or condition
c. Where the purpose is to prove a collateral fact that took place while a document was being prepared, rule on documentary evidence shall apply
d. Documentary evidence applies only when the contents of such document is the subject of inquiry


Answers: 1. A 2. B 3. B 4. B 5. B 6. A 7. A 8. B 9. B 10. C 11.) d

LEGAL ETHICS/FORMS -- 5%

1.) The practice of law is a right in the sense that a lawyer cannot be prevented from practicing law except for valid reasons.

2.) The practice of law is a privilege because it is limited to persons of good moral character with special qualifications duly ascertained and certified.

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