ELECTRONIC COMMERCE ACT OF 2000 Flashcards

1
Q

Statement I: Electronic Commerce Act aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges, and storage of information, through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public
Statement II: Electronic Commerce Act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangement, agreements, contracts and exchanges and storage of information
a. Only Statement I is true c. Both are true
b. Only Statement II is true d. Both are false

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2
Q

It refers to a system intended for and capable of generating, sending, receiving, storing or otherwise processing electronic data messages of electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document
a. Electronic Data System c. Computer System
b. Information and Communication System d. Data Processor System

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3
Q

It refers to any device or apparatus which, by electronic, electro-mechanical, or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving or producing information, data, figures, symbols, or other modes of written expression according to mathematical and logical rules or of performing any one or more of these functions
a. System c. Data processor
b. Computer d. Notebook

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4
Q

It refers to information generated, sent, received, or stored by electronic, optical or similar means
a. Electronic Information c. Electronic Communication
b. Electronic Data Message d. None of the above

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5
Q

It refers to a person who is intended by the originator to receive the electronic data message or electronic document
a. Sender c. Addressee
b. Recipient d. None of the above

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6
Q

It refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document
a. Electronic Trademark c. Electronic Signature
b. Electronic Name d. Electronic Copyright

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7
Q

It refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved, or produced electronically
a. Electronic File c. Electronic Document
b. Electronic Paper d. Electronic Data

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8
Q

It refers to a secret code which secures and defends sensitive information that cross over public channels into a form decipherable only with a matching electronic key
a. Electronic Code c. Electronic Key
b. Electronic Password d. Electronic Answer

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9
Q

It refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent
a. Creator c. Inventor
b. Maker d. Originator

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10
Q

It refers to a person who in behalf of another person and with respect to a particular electronic documentsends, receives, and/or stores provides other services in respect of that electronic data message orelectronic document
a.Messengerc.Intermediary
b.Arbitratord.Mediator

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11
Q

Service provider refers to a provider of:
Statement I: On-line services or network access or the operator or facilities therefor, including entitiesoffering the transmission, routing, or providing of connections for online communications, digital orotherwise, between or among points specified by a user, of electronic documents of the user’s choosing
Statement II: The necessary technical means by which electronic documents of an originator may be storedand made accessible to designated or undesignated third party
a.Only Statement I is truec.Both are true
b.Only Statement II is trued.Both are false

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12
Q

Statement I: Information shall not be denied legal effect, validity, or enforceability solely on the groundsthat it is in the data message purporting to give rise to such legal effect, or that it is merely referred to inthat electronic data message
Statement II: Electronic documents shall have the legal effect, validity or enforceability as any otherdocument or legal writing
a.Only Statement I is truec.Both are true
b.Only Statement II is trued.Both are false

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13
Q

In any proceedings involving an electronic signature, it shall be presumed that:
Statement I: The electronic signature is the signature of the person to whom it correlates
Statement II: The electronic signature was affixed by that person with the intention of signing or approvingthe electronic document unless the person relying on the electronically signed electronic document knowsor has noticed of defects in or unreliability of the signature or reliance on the electronic signature is notreasonable under the circumstances
a.Only Statement I is truec.Both are true
b.Only Statement II is trued.Both are false

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14
Q

Where the law requires information to be presented or retained in its original form, that requirement ismet by an electronic data message or electronic document if;
Statement I: The integrity of the information from the time when it was first generated in its final form, asan electronic data message or electronic document is shown by evidence aliunde or otherwise; and
Statement II: Where it is required that information be presented, that the information is capable of beingdisplayed to the person to whom it is to presented
a.Only Statement I is truec.Both are true
b.Only Statement II is trued.Both are false

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15
Q

In the absence of evidence to the contrary, the integrity of the information and communication system inwhich an electronic data message of electronic document is recorded or stored may be established in anylegal proceeding
a.By evidence that at all material times the information and communication system or other similardevice was operating in a manner that did not affect the integrity of the electronic data messageand/or electronic document, and there are no other reasonable grounds to doubt the integrity ofthe information and communication system
b.By showing that the electronic data message and/or electronic document was recorded or storedby a party to the proceedings who is adverse in interest to the party using it; or
c.By showing that the electronic data message and/or electronic document was recorded or storedin the usual and ordinary course of business by a person who is not a party to the proceedings andwho did not act under the control of the party using the record
d.All of the above

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16
Q

In any legal proceedings, nothing in the application of the rules on evidence shall deny the admissibility ofan electronic data message or electronic document in evidence
Statement I: On the sole ground that it is in electronic form
Statement II: On the ground that it is not in the standard written form
a.Only Statement I is truec.Both are true
b.Only Statement II is trued.Both are false

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17
Q

Statement I: The person seeking to introduce an electronic data message or electronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person claims it to be
Statement II: In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard
a. Only Statement I is true c. Both are true
b. Only Statement II is true d. Both are false

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18
Q

The requirement in any provision of law that certain documents be retained in their original form is satisfied by retaining them in the form of an electronic data message or electronic document which
a. Remains accessible so as to be usable for subsequent reference
b. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received
c. Enables the identification of its originator and addressee, as well as the determination of the date and the time it was sent or received
d. All of the above

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19
Q

Statement I: In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard
Statement II: As between the originator and the addressee of an electronic data message or electronic document, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic data message
a. Only Statement I is true c. Both are true
b. Only Statement II is true d. Both are false

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20
Q

Statement I: An electronic data message or electronic document is that of the originator if it was sent by the originator himself
Statement II: Where an electronic data message or electronic document is that of the originator or is deemed to be that of the originator, or the addressee is entitled to act on that assumption, then, as between the originator and the addressee, the addressee is entitled to act on that assumption, then, as between the originator and the addressee, the addressee is entitled to regard the electronic data message or electronic document as received as being what the originator intended to send, and to act on that assumption
a. Only Statement I is true c. Both are true
b. Only Statement II is true d. Both are false

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21
Q

As between the originator and the addressee, an electronic data message or electronic document is deemed to be that of the originator if it was sent:
Statement I: By a person who had the authority to act on behalf of the originator with respect to that electronic data message or electronic document
Statement II: By an information system programmed by, or on behalf of the originator to operate automatically
a. Only Statement I is true c. Both are true
b. Only Statement II is true d. Both are false

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22
Q

Statement I: Unless otherwise agreed between the originator and the addressee, the dispatch of an electronic data message or electronic document occurs when it enters an information system outside the control of the originator or of the person who sent the electronic data message or electronic document on behalf of the originator
Statement II: Unless otherwise agreed between the originator and the addressee, an electronic data message or electronic document is deemed to be dispatched at the place where the originator has its place of business and received at the place where the addressee has its place of business
a. Only Statement I is true c. Both are true
b. Only Statement II is true d. Both are false

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23
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