Q? Flashcards
What are the four fundamental rules on admissibility of evidence?
Relevance, Competence, Authenticity, OFFER
What is the ultimate or material fact sought to be established called?
Factum Probandum
What is the aggregate evidentiary value prescribed by law for each class of case called?
Burden of Proof
What is also called the ‘Probability of Truth’?
PROBATIVE VALUE
What is the burden imposed upon the Prosecution in a criminal case to obtain a conviction called?
Proof Beyond Reasonable Doubt
What is the discretion of the judge to waive proof to prove a fact called?
Judicial Notice
What are the grounds to contradict a judicial admission?
palpable mistake or that imputed admission was not in fact made
When a person’s senses are used to prove a fact, what kind of evidence is this called?
Object Evidence
What kind of evidence are motion pictures classified as?
Documentary Evidence
What is the rule to be applied if the subject of an inquiry is the contents of a recording?
Original Document Rule
What is the counterpart produced by the same impression or matrix or by photography, mechanical or electronic re-recording called?
Duplicate
What is the substitute evidence called when the original of a document is not available?
Secondary Evidence
If there is an inconsistency between written and printed form, which shall prevail?
Written Form shall prevail
What kind of evidence is addressed to the senses of a witness without interposing the testimony of a witness other than as required for laying the basis for such evidence?
Object Evidence
What kind of evidence is offered as a result of a person’s ability to perceive, perceiving and to make known their perception?
Testimonial Evidence
What is the testimony of a witness where the statement is not based on the personal knowledge of the person?
HEARSAY
What is the prohibition to testify upon matter acquired by virtue of marital relation, professional engagement, religious action or by being a public officer called?
Privilege Communication
What is the act, declaration or omission of a party as to a relevant fact, whether favorable or not to such person?
Admission
What is the failure of a person to react upon an act or declaration imputed against such individual if there could have been an opportunity to react against it called?
Waiver
What are statements accompanying an equivocal act material to the issue and giving it legal significance called?
VERBAL ACT, RES GESTAE
What is a statement not specifically covered by any of the exceptions in the Rules but having equivalent circumstantial guarantees of trustworthiness called?
RESIDUAL EXCEPTION
What are inadmissible statements made by a witness other than those made by an expert or one pertaining to the identity of a person, handwriting or state of mental health of an individual called?
OPINION
What is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law called?
BURDEN OF PROOF
What is the means sanctioned by these Rules in ascertaining in a judicial proceeding the truth respecting a matter of fact?
Evidence
What is the quantum of evidence required in Preliminary Investigation?
PROBABLE CAUSE
