CRIMINOLOGY BOARD EXAM

CRIMINAL LAW

33. When may evidence be considered as admissible in court?
a. When it relevant to the issue
b. When it not excluded by the law or rules of the court
c. When it is competent
d. All of the foregoing
34. It is an evidence of the same kind and to the same of facts
a. Secondary evidence
b. Prima facie evidence
c. Corroborative evidence
d. Best evidence
35. A form of evidence supplied by written instrument or derived from conventional symbols such s letters by which ideals is represented on material substance.
a. Documentary evidence
b. Testimonial evidence
c. Material evidence
d. Real evidence
36. Presumption which the law makes so preemptory that it will not allow them to be reversed by any contrary evidence.
a. Presumption c. disputable presumption
b. Conclusion d. conclusive presumption
37. The following are elements of corpus delicti . except
a. That a certain result  has been produced
b. Some person is criminally liable for the act
c. That the accused need not necessarily  be the doer of the act
d. The accused must be the doer the act
38. Those evidences which result in the greatest certainly on the fact in question?
a. Primary or best evidence
b. Secondary evidence
c. Competent evidence
d. Conclusive evidence
39. Those evidence which are admissible in court are held to be
a. Relevant c. competent
b. material d. direct
40. An agreement made between two or more parties as a settlement of matters in question.
a. Compromise c. plea bargaining
b. Stipulation d. contract
41. This may be happened that one may offer evidence which is inadmissible but which is admitted because there is no objection from the opposite party. The latter is not justified. In introducing a reply to same kind of evidence , if properly objected, it erases the unfavorable inference which might  otherwise have been caused from the original evidence.
a. Affirmative admissibility
b. Corrective admissibility
c. Multiple admissibility
d. Conditional admissibility
e. Curative admissibility
42. The evidence which cannot be rebutted or overcome is called-
a. Expert evidence
b. Prima facie evidence
c. Conclusive evidence
d. Direct evidence
e. Best evidence
43. Occurs when the evidence adduced proves the disputed facts.
a. Cumulative c. circumstantial
b. Corroborative d. relevant
44. What doctrine does not allow evidence obtained by the police officers in an illegal search and seizure to be used against the accused?
a. Silver platter
b. Miranda ruling
c. Fruit of the poisonous tree
d. Wrong evidence doctrine
e. Exclusion doctrine
45. What is means sanctioned by the rules of ascertaining in a judicial proceeding in the truth respecting a matter of fact?
a. Evidence c. procedure
b. Proof d. investigation
c. Trial
46. When the witness states that he did not see or does not know the happening of the relevant or the existence of the thing the evidence or testimony is-
a. Positive c. affirmative
b. Contradict d. negative
47. In what instances can alibi commensurate strength in evidential value?
a. When it change the burden of proof
b. When evidence for the prosecution is strong
c. Where no positive and proper identification has been satisfactory made
d. When questions on whether or not accused committed the offense is clear
48. When the witness states that he did not see or know the occurrence of a fact.
a. Positive evidence c. secondary evidence
b. Corroborative evidence d. negative evidence
49. Under rules in criminal procedure the two witness rule in effecting a search warrant applies only –
a. In the absence of a valid warrant
b. In the absence of the lawful occupant of the house
c. In the absence of the other witness
d. In the absence of the lawful occupant of the house or any member of his family.
50. The prosecution of criminal act either commenced by complaint or by information shall be under the direction and direct control of the-
a. Presiding judge c. private prosecutor
b. Public prosecutor d. police investigator
51. The procedure in witness’s examination is?
a. Direct,croos. Redirect, Re-cross examination
b. Direct re direct cross, re-cross examination
c. Cross. Direct re-cross examination
d. Cross, direct, re-cross,re-direct examination
52. The validity of a search warrant expires?
a. Within the 10 days from the date of issue
b. After 10 days from the date of issue
c. After 10 days of receipt of the copy of warrant by the police officer
d. After the laps of the 10 day period to make report
53. The adjudication of the court that the accused is guilty or is not guilty of an offense charged in the imposition of the proper penalty and civil liability provided by the law of the accused.
a. Trial c. pre-trial
b. Arraignment d. judgment
54. An appeal sh all be taken by the accused to the appropriate court or tribunal on the manner prescribes by law and the rules within.
a. 15 days from the date of judgment
b. 15 days from the date of judgment recorded from the criminal docket on the court
c. 15 days from the promulgation or notice of the judgment
d. 15 days receipt of a copy of judgment by the accused
55. Criminal case where the penalty prescribe by the law for the offense charged does not exceed six months fails under the rule on
a. Criminal procedure c. civil procedure
b. Regular procedure d. summary procedure
56. This system of criminal justice in conducted either at the initiative of the public prosecutor or the offended party and the right to appeals limited to the defense.
a. Fixed c. mixed
b. Inquisitorial d. accusatorial
57. Authority to hear and decide a case
a. Venue c. jurisdiction
b. Jurisprudence d. hearing
58. This right of the accused is found in the principle of justice and extended not to protect the guilty but to prevent as far as human agencies can the conviction of an innocent person.
a. Right to due process
b. Presumption of innocence
c. Right to remain silent
d. Right against self-incrimination
59. These questions suggest to the witness the answer to which an examining part requires.
a. Leading c. misleading
b. Stupid d. hearsay
60. The authority of the court to take cognizance of the case on the first instance is regarded as.
a. Original jurisdiction c. general jurisdiction
b. Delegated jurisdiction d. appellate jurisdiction
61. Person provided by the law to post an appeal after receipt judgment of conviction.
a. 5 days c. 10 days
b. 15 days d. 30 days
62. The following re requisites before a court can validly exercise jurisdiction exacpt.
a. It must have jurisdiction over the investigation
b. It must have jurisdiction over person to the accused
c. It must have jurisdiction over the subject matter
d. It must have jurisdiction over the territory where the offense  was committed
63. Order of trial is:
a. Prosecution, rebuttal, defense, submission, for decision
b. Defense, prosecution, rebuttal submission of decision
c. Prosecution, defense, rebuttal submission of decision
d. Defense, rebuttal, prosecution submission of decision
64. In a preliminary investigation which among the following may not be submitted by the respondent.
a. Motion to dismiss
b. Counter affidavit
c. Supporting documents
d. Witnesses counter affidavit
65. Refers to the adjudication by the court that the accused is guilty of the offense charged and the imposition of proper and civil liability provided for by the law on the accused.
a. Conviction c. decision
b. Judgment d. conclusion
66. Which among the following offense will bail may be applied?
a. Frustrated murder
b. Parricide
c. Rape
d. Murder
67. Under this rule, crimes are not triable in the court of the country, unless their commission affects the peace and security of the territory of the safety of the state is endangered.
a. French rule c. Spanish rule
b. American rule d. English rule
68. Which of the following suggest to the witness to the answer which the examining party desires?
a. Suggestive question
b. Leading question
c. misleading question
d. direct question
e. relevant question
69. What principles of law require that the judiciary can do nothing but to apply a law even in case where doing such would seem to result in grave injustice?
a. None of these
b. Dura lexsedlex
c. Voxpopulivox del
d. Ignorantialegis non excusat
e. Aberratipectus
70. A private crime committed by married woman who shall have sexual intercourse with a man not her husband and a man who shall have carnal knowledge with a married woman.
a. Adultery c. administer
b. Ad verbatim d. aid or comfort
71. Are those having knowledge in the commission of the crime and without having participated therein, either as principals or accomplices takes part subsequent to its commission?
a. Accident c. accessories
b. accomplices’ d. act
72. A wrongful and inherently immoral act from their nature generally defined in penalized by the revised penal code
a. conspiracy c. mala inse
b. coup d’etat d. culpa or fault
73. Brent and joy where about to be married. Because of texting, joy eloped with jeffret Brent best friend with the intent premeditation. Brent surreptitiously went to the house of Jeffrey, upon seeing Jeffrey; Brent stabbed Jeffrey at the back. What is the motive in this crime?
a. Revenge c. premeditation
b. Stabbing d. barging in the house
74. Boy forcibly took Marie to a vacant lot and allowed his friends landoangtinoy to rape Maria, boy is liable as,
a. Principal by direct participation
b. Principal by indispensable cooperation
c. Principal by induction
d. Co-principals
75. Deliberate planning of act before execution
a. Treachery c. evident premeditation
b. Ignominy d. cruelty
76. Felonies where the acts or omissions of the offender are malicious
a. Culpable c. intentional
b. Deliberate d. inculpable
77. This refers to the annulment or destruction  of another law
a. Abet c. abrogation
b. Affray d. encumbrance
78. In what case of felony require the existence of an overt act?
a. Attempted c. frustrated
b. Consummated d. all of these
79. It is the forfeiture of the right of the state to execute the final sentence after a certain lapse of time.
a. Prescription of the crime c. degree of the penalty
b. Prescription of penalty d. period of the penalty
80. It includes rivers, creeks, bays, gulfs, lakes, straits, covers lying wholly within the three mile limit of any nation.
a. Maritime zone c. low water mark
b. Interior waters d. high seas
81. It means that the resulting injury is greater than that which is intended
a. Aberration ictus c. error in personae
b. duralexsedlex d. praeterintertionem
82. Refers to an unlawful fighting which terrifies others of reasonably firm character. A fight consisting of two or more persons in a public places.
a. Affray c. aggression
b. Aggressive d. angry
83. This refers to the crimes that are not triable in the court of the country unless their commission affects the security of the territory peace or safety of the state is endangered.
a. English rule c. examplarity
b. French rule d. imputability
84. Glenn connived with sharen the servant of job in stealing jobs video camera. Glenn is guilty or liable for.
a. Robbery c. qualified theft
b. Theft d. trespass to dwelling
85. It is a felony which in its general sense is rising of commotions or disturbances in the state outside of the legal method.
a. Treason c. coup d’etat
b. Rebellion d. sedition
86. A threatened to kill B if the latter will not give him 2,000pesos what crime has been committed bay A?
a. Grave threat c. kidnapping for ransom
b. Grave coercion d. attempted murder
87. Pedro a19 year old man has sexual intercourse with her 11 year old girlfriend without threat force or intimidation. What was the crime committed?
a. Child rape c. qualified rape
b. Statutory rape d. none of these
88. Subversion is crime against
a. Public security d. public order
b. National security e. popular representation
c. Fundamentals law
89. Jason a college student punched his gay teacher while on class may be held liable for.
a. Direct assault c. resistance
b. Indirect assault d. subversion
90. This crime is committed by raising publicity and taking arms against government to complete overthrow and supersede said existing government.
a. Treason c. cuopd’etat
b. Rebellion d. sedition