Cebu Roosevelt Memorial Colleges

Midterm Examination
EVIDENCE

Name: ___________________________________________Date: __________________________

Schedule: ________________________________________ Score: _________________________

TEST I. MCQ. ENCIRCLE THE LETTER OF THE CORRECT ANSWER.

STRICTLY NO ERASURES.

1. Evidence which will be admitted although normally inadmissible because similar

inadmissible evidence has been introduced by the other party.

A. Opinion Evidence B. Conditional Admissibility of Evidence

C. Curative Admissibility of Evidence D. Multiple Admissibility of Evidence

2. Evidence that will contradict the other party’s evidence.

A. Self serving Evidence B. Rebuttal Evidence

C. Opinion Evidence D. Inculpatory Evidence

3. Is the duty of a party to present evidence on the facts in issue necessary to

establish his claim or defense by the amount of evidence required by law.

A. Burden of Proof B. Substantial Evidence

C. Presumption of Law D. Preponderance of Evidence

4. It consists of writings or any material containing letters, words, numbers, figures,

symbols or other modes of written expressions offered as proof of their contents.

A. Electronic Evidence B. Evidence Aliunde or Extraneous evidence

C. Documentary Evidence D. Forgotten Evidence

5. When a witness states he did not see or know of the occurrence of a fact.

A. Prima Facie Evidence B. Negative Evidence

C. Substitutionary Evidence D. Positive Evidence

6. That kind of evidence which cannot be rebutted or overcome.

A. Primary B. Best C. Real D. Conclusive

7. Evidence which is sufficient to prove an issue unless overcome or rebutted by

other evidence.

A. Primary B. Secondary

C. Prima facie D. Best

EVIDENCE MIDTERM EXAM : ATTY. JUDD MARX C. COLINA

8. Oral testimony given in open court.
A. Real Evidence B. Documentary Evidence
C. Testimonial Evidence D. Admission Evidence

9. In PD 1612, the possession of stolen good is?

A. Evidence against the accused

B. Means that the accuse is not the owner

C. Means that the accuse is an accessory to the crime

D. Prima Facie evidence of fencing

10. Who among the following are automatically disqualified to take the witness
stand?
A. Sick Person B. Children
C. Homosexual and Lesbian D. Insane person
11. This kind of evidence proves the existence of a fact in issue without presumption
or inference from other facts.
A. Circumstantial evidence B. Corroborative
C. Direct evidence D. None of the above
12. Testimony of 10 witnesses supporting the innocence of the accused is?
A. Circumstantial evidence B. Corroborative
C. Direct evidence D. None of the above
13. Oral testimony given in open court.
A. Real evidence B. Documentary evidence
C. Testimonial evidence D. Admission evidence
14. One made by the party to favor his own interest. It is one made by a party out of
court.
A. Rebuttal Evidence B. Inculpatory Evidence
C. Opinion Evidence D. Self serving Evidence
15. The means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
A. Law B. Rights C. Evidence D. Proof
16. Is the evidentiary fact or the fact by which the factum probans is to be
established.
A. Evidence B. Proof
C. Factum Probans D. Factum Probandum
17. Evidence that is not excluded by the rules, statute or the Constitution.
A. Competent Evidence B. Relevant evidence
C. Material Evidence D. Testimonial Evidence
18. Additional evidence of a different character to the same point.
A. Corroborative Evidence B. Expert Evidence
C. Circumstantial Evidence D. Cumulative Evidence
19. The following are electronic evidence/documents except:
A. Text messages B. Email
C. Chat messages D. Photocopies

EVIDENCE MIDTERM EXAM : ATTY. JUDD MARX C. COLINA

20. This is the probative value of evidence.
A. Fact B. Truth C. Proof D. Relevancy
21. When a piece of evidence is barred by law or the Rules as inadmissible, it is
rendered ____?
A. Incompetent B. Irrelevant C. Logical D. None of the foregoing
22. The totality of evidence presented for the consideration.
A. Quantum of Proof B. Quantum of Evidence
C. Burden of Proof D. Burden of Evidence
23. This is an element of admissibility of evidence in court?
A. Credibility B. Relevancy
C. Availability D. None of the above
24. The probative aid given by the court to particular evidence.
A. Preponderance of evidence B. Evidentiary fact
C. Ultimate fact D. Weight of evidence
25. Obligation impose upon a party established their alleged fact by proof are termed
as “burden of proof”, what is its latin translation?
A. Factum Probans B. Factum Probandum
C. Owe Probandi D. Owes Probandi
26. Any evidence either oral or documentary wherein the probative value is not
based on personal knowledge of the witness but that from another.
A. Testimonial Evidence B. Dying Evidence
C. Res gestae D. Hearsay
27. Evidence that has tangible and exemplifying purpose.
A. Demeanor evidence B. Character evidence
C. Demonstrative evidence D. Hearsay
28. It affects an issue in an important or substantial matter.
A. Relevant B. Material C. Competent D. Direct
29. The result or the effect of evidence.
A. Law B. Proof C. Rights D. Evidence
30. Evidence that will be admitted although seemingly not admissible provided that
its relevancy would be shown in a later stage of the trial.
A. Opinion Evidence B. Multiple Admissibility of Evidence
C. Conditional Admissibility of Evidence D. Curative Admissibility of Evidence
31. Is evidence more than preponderance of evidence but less than proof beyond
reasonable doubt. Itis the quantum required to prove insanity, paternity or filiation,
self defense among others.
A. Presumption of Law B. Presumption of Fact
C. Substantial Evidence D. Clear and Convincing Evidence
32. That which is directly addressed to the senses of the court and consists of
tangible things exhibited in court.
A. Competent Evidence B. Material Evidence
C. Object or real or Autoptic Evidence D. Testimonial Evidence
33. Evidence which was not presented in court because of oversight or forgetfulness
of a party or counsel.
A. Exculpatory Evidence B. Documentary Evidence

EVIDENCE MIDTERM EXAM : ATTY. JUDD MARX C. COLINA

C. Evidence Aliunde or Extraneous evidence D. Forgotten Evidence
34. Factum probans means?
A. Evidentiary fact B. Ultimate fact
C. Weight of Evidence D. Preponderance of Evidence
35. A question which assumed a disputed fact not stated.
A. Leading question B. Misleading question
C. Argumentative question D. Speculative
36. Refers to evidence of the same kind adduced to prove the same fact.
A. Real B. Cumulative C. Corroborative D. Circumstantial
37. Given by a person with specialized knowledge in some particular field.
A. Primary B. Best C. Secondary D. Expert
38. Cognizance of certain facts which judge may properly take as fact because they
are already known to them.
A. Cognizance B. Judicial Admission
C. Judicial Knowledge D. Judicial Notice
39. Legal fitness of a witness to be heard on the trial.
A. Admissibility B. Compensation C. Qualification D. Eligibility
40. The behavior of a witness on the witness stand during trial to be considered by
judge.
A. Demeanor Evidence B. Character Evidence
C. Demonstrative Evidence D. Hearsay
41. A person who gives testimonial evidence in a judiciary tribunal.
A. Witness B. Prosecution C. Defense D. Clerk of court
42. That which is inferior to the primary evidence and is permitted only when the
best evidence is not available.
A. Prima Facie Evidence B. Negative Evidence
C. Substitutionary Evidence D. Primary Evidence
43. Evidence from outside or another source.
A. Exculpatory evidence B. Forgotten evidence
C. Documentary evidence D. Evidence Aliunde or Extraneous evidence
44. The ultimate fact or the fact sought to be established. It is the fact to be proved.
A. Factum Probans B. Evidence
C. Proof D. Faum Probandum
45. The proof of fact or facts from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred as a necessary or provable
consequence.
A. Circumstantial Evidence B. Cumulative Evidence
C. Corroborative Evidence D. Expert Evidence

-NOTHING FOLLOWS-

EVIDENCE MIDTERM EXAM : ATTY. JUDD MARX C. COLINA