DOT

Question 1

are those addressed to the senses of the court. When this is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.

Answer 1

Object Evidence

Question 2

– a method of authenticating evidence which requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be

Answer 2

Chain of custody rule

Question 3

consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents.

Answer 3

Documentary evidence

Question 4

is designed to give certainty to written transactions, preserve the reliability and protect the sanctity of written agreements.

Answer 4

parol evidence rule

Question 5

Under this rule, no evidence of the terms of a writing are admissible other than the contents of the written agreement.

Answer 5

parol evidence rule

Question 6

– evidence elicited from the mouth of a witness. as distinguished from real and documentary evidence.

Answer 6

Testimonial or oral evidence

Question 7

– refers to the witness’ personal qualification to testify, as distinguished from competence of evidence which means the inclusion or exclusion by the law or rules of such evidence

Answer 7

Competence of a witness

Question 8

– false in one thing, false in everything; if the testimony of a witness on a material issue is wilfully false and given with an intention to deceive, the jury may disregard all the witness’ testimony

Answer 8

Falsus in uno, falsus in omnibus

Question 9

– any person who, at the time giving testimony, is below the age of eighteen (18) years

Answer 9

Child witness

Question 10

There is mere a statement of fact not directly involving an acknowledgement of guilt or the criminal intent to commit the offense with which one is charged

Answer 10

Admission

Question 11

There is an acknowledgement of guilt

Answer 11

Confession

Question 12

A broader term which includes confession

Answer 12

Admission

Question 13

– a voluntary acknowledgement made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an action

Answer 13

Admission

Question 14

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.

Answer 14

Burden of proof

Question 15

– the duty of a party to go forward with the evidence to overthrow the prima facie evidence against him. This may shift from one side to the other as the exigencies of the trial require, and shifts with alternating frequency.

Answer 15

Burden of evidence

Question 16

– an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established; an inference of the existence or non-existence of a fact which courts are permitted to draw from proof of other facts

Answer 16

Presumption

Question 17

– a presumption which becomes irrebuttable upon the presentation of the evidence and any evidence tending to rebut the presumption is not admissible; inferences which the law makes so peremptory that it will not allow them to be overturned by any contrary proof however strong (BAR)

Answer 17

Conclusive presumption

Question 18

– a presumption which may be contradicted or overcome by other evidence; it is satisfactory if uncontradicted

Answer 18

Disputable presumption