CRIMINAL LAW AND JURISPRUDENCE Flashcards
REVIEW
What is the crime committed of a person who without any intent to kill, fired his gun against his neighbor, without killing him?
A. Attempted homicide
B. Attempted Murder
C. Illegal discharge of Firearm
D. Negligent use of Firearm
C. Illegal discharge of Firearm
Evidence of the same kind and to the same state of facts. It is a testimony repetitive of testimony repetitive given earlier. It is additional evidence which merely reinforces testimony previously given.
A. cumulative evidence
B. Corroborative evidence
C. Prima Facie Evidence
D. Relevant Evidence
A. Cumulative Evidence
Can a child be qualified a witness in court?
A. Yes, if the child is the only sole witness of a grave crime
B. No, the witness must be 18 years of age or has reach adulthood
C. Yes, if the child can perceive, remember, and can distinguish truth from falsehood
D. No, children are psychologically still on the stage of immaturity that may tarnish the integrity of any testimony
C. Yes, if the child can perceive, remember, and can distinguish truth from falsehood
Which of the following rights cannot be inherent?
A. Rights to life
B. Rights to dignity
C. Rights to property
D. Rights to marriage
C. Rights to property
Note: Inherent rights are those which do not need to be granted by any person or authority
Person ABC, a private individual, without legal grounds arrested Juan De La Cruz for the purpose of delivering him to the proper authorities. What crime is committed?
A. Aggravating
B. Qualified
C. Human
D. Public
B. Qualified
Note: Qualified trafficking in persons if committed by syndicate. public officers, spouse, parent, the victim is a child or has died.
Which of the following qualifies for slander by deed?
A. Slapping a person in public while shouting pokpok ka
B. Slapping the person having the purpose to humiliate him or her
C. Spitting the person in a public market to humiliate him or her
D. All of the above
Acts and omissions punishable by the Revised Penal Code.
A. Felony
B. Offense
C. Misdemeanor
D. Infraction
A. Felony
Note: Offense - punishable by special laws, Misdemeanor or infraction - punishable by ordinances
In order to acquire large amount of money sufficient to buy a car, Pedro along with Juan sneaked into the house of Maria. Unnoticed, they stole various jewelries of high value including the money stored at the owner’s vault. Santiago, their best friend, help them to escaped from the scene. Referring to the above scenario, Juan participated as a ___________ of the crime.
A. Principal
B. Accomplice
C. Accessory
D. Suspect
A. Principal
A high ranking police officer who engages in human trafficking is committing the crime of __________ trafficking in persons.
A. Aggravating
B. Qualified
C. Human
D. Public
B. Qualified
Note: Qualified trafficking in persons if committed by syndicate. public officers, spouse, parent, the victim is a child or has died.
Upon knowing that the personal computer is sold only 3,000 pesos, James rushed into the bank and withdraws an amount and then bought the computer. 3 days passed, policemen went to his house. Only then he realized that the computer he bought was actually a stolen item from a nearby house. Referring to the scenario above, what crime is committed by James?
A. Buying stolen items
B. Fence
C. Fencing
D. Accepting stolen items
C. Fencing
Note : Fencing - buying, selling, receiving, possessing, keeping any things derived from robbery or theft.
Fence- is a person who commits the act of fencing PD 18612 Anti-Fencing Law
A stage in the execution of a crime where the offender commences commission of a felony directly by Overt acts, and does not performed all acts of execution which should produce the felony by reason of some cause or accident other than his spontaneous
A. Consummated
B. Frustrated.
C. attempted
D. the none of the above.
C. attempted
Note: frustrated stage- offender performs all the acts of execution which would produce the felony but do not produce it due to some cause independent of the will of the perpetrator.
Consummated stage - a stage in the execution of a crime where all elements are present.
Conspiracy and proposal to commit felony are punishable only in cases in which the law specially provides a penalty thereof. A conspiracy exists when at least how many person come to an agreement concerning the commission of a felony and decide to commit it.
A.5
B.2
C. 3
D. 4
B.2
Band- whenever more than 3 armed malefactors shall have acted together in the commission of an offense
Police officer ABC in civilian clothes asked Person XYZ where he can buy shabu. Person XYZ responded by asking the officer how much of the drug he needed. When he told him, XYZ left, and later returned with a shabu, gave it to the officer, and took his money. Person XYZ is:
A. liable for selling since the police operation was a valid entrapment
B. not liable for selling since the police operation was an invalid entrapment
C. liable for selling since the police operation was a valid form of instigation
D. not liable since the police operation was an invalid instigation
A. liable for selling since the police operation was a valid entrapment
Any person who acts in obedience to an order issued by a superior for some lawful purpose is a ________ against criminal liability.
A. exempting circumstance
B. justifying circumstance
C. mitigating circumstance
D. aggravating circumstance
B. justifying circumstance
