EVIDENCE Flashcards

1
Q

is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact

A

EVIDENCE

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2
Q

If the means employed to prove a fact is medical in nature, then it becomes a _________

A

MEDICAL EVIDENCE

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3
Q

This is an evidence made known or addressed to the senses of the court. It is not limited to that which is known through the sense of vision but is extended to what the sense of hearing, taste, smell and touch is perceived.

A

AUTOPTIC EVIDENCE

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4
Q

Autoptic Evidence is also known as__________ or ___________

A

REAL OBJECT OR PHYSICAL EVIDENCE

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5
Q

A physician may be commanded to appear before a court to give his testimony. While in the witness stand, he is obliged to answer questions propounded by counsel and presiding officer of the court. His TESTIMONY must be GIVEN ORALLY and under oath or affirmation.

A

TESTIMONIAL EVIDENCE

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6
Q

are those not proceeding from the personal knowledge of the witness but from mere REPETITION of what he has HEARD TO OTHERS.

A

HEARSAY EVIDENCE

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7
Q

A_________ may be presented in court as an ordinary witness and/or as an expert witness.

A

PHYSICIAN

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8
Q

A physician who testifies in court on matters perceived from his patient in the course of physician-patient relationship.

A

ORDINARY WITNESS

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9
Q

A physician on account of his TRAINING and EXPERIENCE can give his opinion on a set of MEDICAL FACTS. He can deduce or infer something, determine the cause of death, or render opinion pertinent to the issue and medical nature.

A

EXPERT WITNESS

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10
Q

A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof to an opinion he previously stated in full view of the court.

A

EXPERIMENTAL EVIDENCE

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11
Q

“In full view of the court” not necessary mean that the experimentation must be conducted in court, this means that the conduct of experiment should be with the________

A

PRESENCE OF THE JUDGE

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12
Q

is an instrument on which is recorded by means of letters, figures, or marks intended to be used for the purpose of recording that matter which may be evidentially used.

A

DOCUMENT

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13
Q

Written evidence presented to the court by the expert witness about the subject matter in dispute.

A

DOCUMENTARY EVIDENCE

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14
Q

Examples of Documentary Evidence:

A
  1. MEDICAL CERTIFICATE
  2. MEDICAL EXPERT OPINION
  3. DEPOSITION
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15
Q

Types of Medical Evidence:

A
  1. AUTOPTIC EVIDENCE
  2. TESTIMONIAL EVIDENCE
  3. EXPERIMENTAL EVIDENCE
  4. DOCUMENTARY EVIDENCE
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16
Q

this refers to the TESTIMONY OF A PHYSICIAN on account of his TRAINING and EXPERTISE can give his own opinion on a set of medical facts.

A

MEDICAL EXPERT OPINION

17
Q

the testimony of a witness taken upon ORAL QUESTION or WRITTEN INTERROGATORIES, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil action or criminal prosecution.

A

DEPOSITION

18
Q

Methods of Preserving Evidence:

A
  1. PHOTOGRAPHY AND AUDIO—VISUAL RECORDING.
  2. SKETCHING
  3. DESCRIPTION
  4. TESTIMONIAL FROM THE WITNESS OR WITNESSES
  5. SPECIAL METHODS
19
Q

What are in the SPECIAL METHODS:

A
  1. EMBALMING FOR HUMAN BODY
  2. REFRIGERATION FOR HUMAN BLOOD
  3. STAINING FOR BLOOD AND SEMEN
20
Q

is the most useful and reliable means of preserving evidence. Camera is easily available and reproduction is easy.

A

PHOTOGRAPHY

21
Q

Rough drawing of the scene or object is done if no scientific apparatus to preserve evidence is available.

A

SKETCHING

22
Q

It requires keen observation and perception in putting in words the person or thing to be preserved.

A

DESCRIPTION

23
Q

A person who has the power to TRANSMIT to others what he has PERCEIVED

A

TESTIMONY FROM THE WITNESS OR WITNESSES

24
Q

In a criminal case, the defendant is entitled to an acquittal beyond reasonable doubt. unless guilt is shown

A

PROOF BEYOND REASONABLE DOUBT