Rule 130-Rules of Admissibility Flashcards
Explain “Object as Evidence”.
[Rule 130, Section 1 -A. OBJECT (REAL) EVIDENCE]
Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.
Explain “Documentary evidence”.
[Rule 130, Section 2 -B. DOCUMENTARY EVIDENCE]
Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents.
What are the circumstances under which a party may be exempt from producing an original document in legal proceedings?
[Rule 130, Section 3 -1. Best Evidence Rule]
When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases:
(a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice;
(c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and
What criteria determine whether a copy of a document can be considered an original under Section 4?
[Rule 130, Section 4 -1. Best Evidence Rule]
Original of document. —
(a) The original of the document is one the contents of which are the subject of inquiry.
(b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.
(c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.
What steps can an offeror take to prove the contents of an original document that is unavailable in court? [Rule 130, Section 5 -2. Secondary Evidence]
When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated.
What must happen if a document is in the custody or control of an adverse party and they fail to produce it after receiving reasonable notice? [Rule 130, Section 6 -2. Secondary Evidence]
If the document is in the custody or under the control of adverse party, he must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss.
How can the contents of a document be proved when the original is in the custody of a public officer or recorded in a public office?[Rule 130, Section 7 -2. Secondary Evidence]
When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof.
Is a party required to present a document as evidence after calling for its production and inspecting it? [Rule 130, Section 8 -2. Secondary Evidence]
A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.
Under what circumstances can a party present evidence to modify, explain, or add to the terms of a written agreement, despite it containing all the terms agreed upon? [Rule 130, Section 9 -3. Parol Evidence Rule]
When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in his pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.
The term “agreement” includes wills.
How is the language of a written document interpreted if the parties do not specify a different intention regarding its legal meaning at the place of execution? [Rule 130, Section 10 -4. Interpretation Of Documents]
The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise.
What approach should be taken in the construction of an instrument with multiple provisions to ensure that all provisions are given effect, if possible? [Rule 130, Section 11 -4. Interpretation Of Documents]
In the construction of an instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
How does the principle of prioritizing particular provisions over general provisions apply when interpreting the intentions of the parties in a legal instrument? [Rule 130, Section 12 -4. Interpretation Of Documents]
In the construction of an instrument, the intention of the parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.
What role do the circumstances surrounding the creation of an instrument play in its proper construction, particularly in terms of understanding the context and intentions of the parties involved? [Rule 130, Section 13 -4. Interpretation Of Documents]
For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those who language he is to interpret.
What is the significance of local, technical, or peculiar meanings of terms in the interpretation of a written agreement, and how do these meanings affect the construction of the agreement compared to their general acceptation? [Rule 130, Section 14 -4. Interpretation Of Documents]
The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.
In cases where an instrument includes both written words and a printed form that are inconsistent with each other, which component takes precedence in determining the meaning of the instrument? [Rule 130, Section 15 -4. Interpretation Of Documents]
When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.
