J.cornejo - Remedial Law - Midterms and Finals (UST)

8/3/2019 J.cornejo - Remedial Law - Midterms and Finals (UST)

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Fi.nal Exams., March 7,2011UST Faculty of Civil Law

WRITE THE LETI'ER OF THE BEST ANSWER IN YOUR BOOKLET. ;:ONLYTEN (10) ANSWERS PER PAGE1-20 (3 pts. Each); 21-30 (4 pts. Each)

1. O~en court oral testimony of a witness:va) Must always be givenb) May be given at times upon request of a party~c) Mayor may not be given depending on the applicable Rule.

2. Hearsay is : .~) "J( An out of court statement of one given incourt by another to proverthat such a

statement was madeVB ,to) An out of court statement by one given in court by another to prove the truth o rthe matter asserted

)(c) An out of court statement by one and affirmed by him in court.3: Declaratory Relief is :

a) An action for declaratory judgmentVb) Construction and interpretation of a written instrumentc) Reformation of-an instrumenbor other government regulation.~ " " , ' . . : . - _ . . . . . ~ . ' . . : , . _ - . . . . 0 . ~ . . . .

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v[4. The burden of proof rests on:

a) Solely the plaintiffb) The defendant with respect to his defense

'/c) On either party with respect to their claim and defense.'.

5. In an arwulment of marriage case:a) Petition;;has the burden to Ilrove the divorce law in Japan because she is the__.. ------ -=...one challeng"ig the validi_tx.ofthe foreign.judgment

b) Respondent has the burden to l2JE,.y"ehe pertinent Japanese law validating his '.defense of divorce

'c) Neither petitioner nor respondent, since our courts do not take judicial notice 01foreign judgments.

6. 'X was ordered by the Court to put on the Tshirt allegedly left by the-culprit at thecrime cene.

'/.a) X may object on the ground of violation of his right against self-incriminationvb) X cannot object as it is only a determination of whether the shirt fits him or notc) The shirt may be considered as circumstantial evidence .

.7. The occupants of2 different parcels ofland adjoining each other and belonging to 2separate plaintiffs, are sued for ejectment since they constructed a building whichencroaches upon both parcels ofland. Under the circumstances, an action for

_Interpleader is :? a) Proper : yb) Improper

c) Feasible.I 1


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8. Y asked X who was dying and bloodied, with a knife still planted on his back, if he(X) was the one who killed Z. X said No and pointed to B as the killer. X died.

ya) X's statement is admissible as a dying declaration in a prosecution against B forthe death of Z.

V b) X's statement is not admissible as a dyi9ng declaration in the prosecutionagainst B for the death of Z

c) X;s statement is admissible as part of res gestae.9. Hearsay evidence is :

..a) Admissible ifnot objected to=b) Admissible ifnot objected to but has no probative value'c) Not admissible even ifnot objected to.

v)10. A witness ~ be impeached by evidence of:

Xa) His badmoral characterb) His bad reputation.c) His propensity to lie

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11. Ina.ttmnination ofemploYE!.entcase, the burden oproof rests on :)(a) The employer to show that the dismissal is for a valid causev'b) The employee to prove his innocence of the charge levell~d against him by his

employerJC) Theemployee to prove that his ~n from the company was the product of

coercion or intimidation. mt:;~+{.. . , . : - f - e r m I i1 ~ I /( ! )# f J12. "Propensity evidence'js :~) A il exception to the Opinion rule

b) Part of Res Gestae. c) Evidence that one acted in accordance with one's character.13."What, ifany, did you observe when accused and complainant faced each other?" The

question is: . . ta) Leading, hence, objectionableb) Misleading ,IC) .Permissible as simply calling for an impression

14.An extrajudicial admission of a conspirator:a) Is~ with respect to his co-conspirator

b) Is no longer h~say with respect to his co-conspirator when placed under oathc) Ceases to be hearsay when confirmed at the trial.

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:5.The rule on "laying the predicatebefore introducing evidence ofinconsistent_--7- __tatements of a witness: a) Is a technical rule of procedure, hence, strictly complied with

b) Is intended to demolish the credibility of the witness~c) Is es ential to protect the character of the witness.

16.X who calls Y ,hi Adver ary, as a witness .a) Is bound by Y's testimony-b) 1 nat bound by Y's testimony c) ~y contradict Yby introducing other evidence to Ilrove a fact.contrary_.to w1!_at

_Ytestified on.17.A_arty's open court testimony:

a) May override admissions in the Ailw~r..b) Has no effect on admissions in the Answerc) May contradict admissions in the Answer.

18. Out ofcourt identification of the accused thru mug shots, police line-up, e tc . :, a) Provides basis for positive in-e911rt identification of the accused:tb) May have h"rrnful effects on the. rights ofthe accused as-to contaminate in-eourt

iden tification c) Can Solely be the basis for the identification of the accused.~ - .

19.An offer ofcompromise in a cJimin.al case :Xa) If made by the accused ~avoid the inconvenience of i8mpri onment, is an

admission ofguilt.)(b) Ifmade by a_per::.onauthorized by the accused to make the admission, i

considered an admission of guilt by the accusedv c ) If made by the accu. ed , is an implied admission of guilt.20. As a method of authenticating evidence, :

a) Testimony about a perfect chain of cu tody is the standard-) Testimony on an unbroken chain of custody is indispensable when the witnesshas failed to obse~ the ~niqueneSs of the 'eviden'k

...c) Te timony about a perfect chain of custody over an object evidence.

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21. A proceeding for criminal contempt is: a) ~versarial

b) on-adversarialXc) Non-confrontational

22. A party in whose favour a legal presumption exists:a) May rely on such preumption to prove a fact in issue

)rb) Cannot rely on such presumption as it is disputableyC) May solely rely on such presumption to prove his cause as a [prima facie case has

thereby already been created in his favour.. . ..

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c 23. A public document is :a) A notarized pocumentb) An affidavit that contains a notarial jurat ~., r c) An affidavit given official character by the fact of its affirmance thereof in opencourt by the affiant.

24. Evidence not objected to : a) Is deemed adni'itted and may be considered by the Court in arriving at its/ A Judgment

. b) Is deemed admitted and may be considered by the Court but only when it hasbeen formally offered . #

c) Cannot be admitted even ifnot objected to for as long as it i hearsay.~

v(_ 25. R~demption in Foreclosure of Mortgage ~ the period allowed by lawa) As matter of right on the part of the mortgagor'j.b) Not a matter of right on the part of the mortgagor, hence, mortgagor must makea statement of intention to redeem

c) A que tion of payment or valid tender of the full redemption price.26. A Petition for ~c;!YatQry ~f:- - -

a) May be dis:niissed upon the filing of an action for rescission, ejectment and '.damages.. b) May not be di missed despite the. filing of an action for rescis ion, ejectment and

damagesc) May not be dismissed despite the filing of an-action for rescission, ejectment and

damages where the trial court bas not yet resolved theresClssioniejectment c a s e sduring the pendency of the declaratory relief action.

27. When self-defense i invoked,: .. . . - a ) The burden of..E-ro~fis shifted to the accused to show that the killing was

justified.,t. The burden of evidence is shifted to the Prosecution to destroy accused's theoryof self-defense

) c) The burden of evidence is ~hifted to the accused to show taat he incurred no- - -riminal liability for the killing.28. In case of conflict between an a~ting witness and an e~rt witness on the

/ n genuineness of a document, whose testimony shall prevail?D a) Expert witness who examined the handwriting in the documentvb ) Atte ting witness to the execution of the document.29. Factual issues are :

a) Within the scope of Certiorari b) Beyond the scope of certioraric) Jurisdictional matters and therefore are within the scope of Certiorari -:

/ / 130. ~r to Foreclosure s . a l e ,

ar An action for release of mor.:tgage is a personal action and can thus be pursued. --.-----b) ~ action may be instituted by the mortgag~r with respect to the mortgage1 - c) Any other existing action with respect to the mortgage has been mooted as themortgage has been foreclosed.

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U~ .. ,..,'-' ... ~ "'. ,................. ,...,

REMEDIAL LAW REVIEW-PRELIM EXAM . .' .February 7, 2011

PARTI (4 points each)",1. Evidence is a means of proving:

.,.a. A question of law....b. A question of factc. A proposition.

? 2. The application of the concept of judicial admission inadministrative cases is :a. Proper if there is no express administrative law on the matter.~ Proper irrespective of the nature of the proceedings incompliance with due process.c. Is improper for being contrary to the demands of substantialjustice.

" 3. X took part in a robbery. He admitted this to his wife in_s;Q.O.fidence.S~sequently, their marriage was ~lU1Ied. X's wifetestified in court and revealed X's admission to her:V c _ 'J . a. The testimony of X's wife is relevant, therefore, admissible in. - -vidence.'(.b. The testimony of X's wife is ~evant and competent asthe marriagehad already been terminated ......c. The testimony of the wife is excluded by the Rules.

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~ ~ 4. In the prosecution for Homicide the motive of a person is :....,a. Relevant to the issue of his Guilt or Innocence.~ COli~eral to the subject of the inquiry.'jc. Immaterial to the subject of the inquiry.- 5. Judicial Notice is cognizance by the Court of matters withoutneed of introducing proof, which means that:"a. Judicial notice is evidence.~ b. Judicial notice requires the presentation of evidence to prove afact in issue .

....c. Takes the place of evidence. ,

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6. Judicial notice of foreign laws

a. Our courts do not take judicial notice o t . allJoreign laws.b. Our courts do not take judicial notice of foreign laws in all-ases.~ ' A . Ourcourts ~y take judicial notice of a foreign law that iswithin the actual knowledge of the court and had been ruledupon in previous cases before it.


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~ 14. Object evidence means:a. The replica or representation of something.V c - b. The perception of the witness and a recollection of that

perception.

J.cornejo - Remedial Law - Midterms and Finals (UST)

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