Trial Preparation & Evidence

Question 1

In Abuja, a witness may be compelled to come to court by……. or …….

Answer 1

Subpeana or witness summons

Question 2

Case theory is a combination of………..

Answer 2

Legal theory and factual theory

Question 3

Relevant facts are provided for in…………..

Answer 3

Section 4 - 13 of the evidence act

Question 4

The locus classicus for hearsay is …….

Answer 4

Subramaniam v. Public prosecutor

Question 5

A private document is……

Answer 5

Any document other than a public document

Question 6

Privates documents are provedby……..

Answer 6

Primary evidence e.g. The original copy

Question 7

Newspapers are required to be kept in the library pursuant to…….

Answer 7

Section 4 of the National Library Act

Question 8

The content of a document may be proved by……… Or ……..

Answer 8

Primary evidence or secondary evidence

Question 9

The best evidence rule states that………

Answer 9

Documents should be proved by primary evidence first, except where secondary evidence is allowed.

Question 10

Is the photocopy of a CTC admissible in evidence?

Answer 10

Yes - Magaji V. Nigerian army

Question 11

Real evidence is provided for in…….

Answer 11

Section 127 of the evidence act

Question 12

Real evidence is provided for in…….

Answer 12

Section 127 of the evidence act

Question 13

What are the 4 things that must be present in a locus in quo

Answer 13

The court, the counsel, the witness and parties

Question 14

The case that provides for the items that must be in the locus in quo is…..

Answer 14

Igwe v. Kalu

Question 15

Can the power of locus in quo be delegated

Answer 15

Nope - the court cannot substitute the eye for the ear- Igwe V. Kalu

Question 16

A person has a burden of proving facts within their special knowledge is contained in Section……

Answer 16

140 of the evidence act

Question 17

Competence of a witness is provided by Section……..

Answer 17

Section 175 of the Evidence Act

Question 18

Competency of a witness is measured by ……. and …….

Answer 18

Understanding the questions put to him and the ability to give rational answers to questions asked

Question 19

A child under the age of 14 shall not give sworn evidence is contained in Section…….

Answer 19

Section 209 of the Evidence Act

Question 20

An application for a a subpoena is done by filling and filing Form …… in Lagos and Form ….. in Abuja

Answer 20

Form 26 in Lagos and Form 28 in Abuja

Question 21

In Abuja, the form for subpoena ad testificandum is …. and the form subpeona duces tecum is ….

Answer 21

Form 29 and Form 31

Question 22

In Lagos, the form for subpoena ad testificandum is …. and the form subpeona duces tecum is ….

Answer 22

Form 27 and Form 29

Question 23

Diplomatic immunity is contained in Section…..

Answer 23

Section 10 of Diplomatic Immunity and Privileges Act (DIPA)

Question 24

Immunity of the executive arm is contained in

Answer 24

Section 308 of the CFRN

Question 25

The provision that states that a legal practitioner is not a compellable witness in relation to information given to him by his client in confidence is ……

Answer 25

Section 192 of the Evidence Act

Question 26

Section ….. of the evidence act provides that ….. number of witnesses are needed to prove a fact

Answer 26

**Section 200** of the Evidence Act provides that **0** witnesses are needed in proof of any fact except as provided in the act

Question 27

Section ….. of the evidence act provides that ….. number of witnesses are needed to prove treason

Answer 27

**Section 201** of the Evidence Act provides that **atleast 2** witnesses are needed in proof of treason

Question 28

Section ….. of the evidence act provides that ….. number of witnesses are needed to prove perjury

Answer 28

**Section 202** of the Evidence Act provides that **atleast 1** witnesses are needed in proof of perjury

Question 29

Section ….. of the evidence act provides that ….. number of witnesses are needed to prove speeding

Answer 29

**Section 203** of the Evidence Act provides that **atleast 1 relevant authority** witness is needed in proof of treason

Question 30

Section ….. of the evidence act provides that ….. number of witnesses are needed to prove sedition

Answer 30

**Section 204** of the Evidence Act provides that **atleast 1 relevant authority** witness is needed in proof of treason

Question 31

What happens when a new judge takes over a case?

Answer 31

The trial starts de novo

Question 32

Where there is non appearance of either party, the matter will…

Answer 32

Be struck out

Question 33

What happens where the claimant appears but the defendant does not appear

Answer 33

The claimant will prove to the extent that he bears the burden of proof and default judgment will be given

Question 34

What happens where the defendant appears but the claimant does not appear

Answer 34

If there is no counterclaim, the defendant may request for a **dismissal order** but where there is a counterclaim the defendant will prove his case to the extent that he is required to and judgement will be given

Question 35

All witnesses must be cautioned before giving evidence in court under….

Answer 35

Section 206 of the Evidence Act