Criminal Law and Jurisprudence Exam

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Criminal Law and Jurisprudence Exam

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Questions count: 100
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Time limit: 2 hours

1. This concerns to the obligations of the community to individuals, and requires fair disbursement of common advantages and sharing of common burden.

Prosecution

Equality

Trial

Justice

2. A rights that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of national culture based on the principle of unity and diversity in a climate of free artistic and intellectual expression.

Individual Rights

Social Rights

Cultural Rights

Civil Rights

3. The International Covenant on Civil and Political Rights and its First Optional Protocol entered into force in what year?

1976

1989

1992

2000

4. Republic Act No. 9745, otherwise known as the _____________

Anti-Social Act of 2009

Anti-Piracy Act of 2009

Anti-Kidnapping Act of 2009

Anti-Torture Act of 2009

5. The means, sanctioned by these rules, of ascertaining in a judicial proceeding truth respecting a matter of fact

Criminal Law

Criminal Evidence

Criminal Procedure

Criminal Proceeding

6. A person arrested for the commission of an offense punishable by afflictive penalties must be delivered to the proper judicial authority within how many hours?

7. The major function of the PROSECUTION component of the Criminal Justice System.

To enforce the laws of the land

To represent the government in criminal cases

To rehabilitate prisoners

All of these

8. Those felonies which the law attaches the capital punishment which in any of their periods are afflictive.

Light

Less Grave

Death

Grave

9. The basis of criminal liability is free will and the purpose of penalty is retribution:

neo-classical theory

positivist theory

classical theory

relativity theory

10. When all the elements necessary for its execution and accomplishment are present.

perpetrated

consummated

frustrated

attempted

11. When a public officers performs in his public office an act prohibited by law.

nefeasance

misfeasance

malfeasance

nonfeasance

12. It is a milestone document in the history of human rights.

Human Rights

Universal Declaration of Human Rights

Global Declaration of Human Rights

Common Law

13. It is the unauthorized act of a public officer who compels a person to change his residence.

Violation of domicile

Arbitrary detention

Trespass to dwelling

Expulsion

14. It is defined as the supreme, inherent, and inalienable rights to life, to dignity, and to self-development.

Magna Carta

Human Rights

The Petition of Rights

Bill of Rights

15. This is an examination of a man's house or other buildings or premises, of his person, with a view to the discovery of contraband or illicit or stolen property or some evidence of guilt to be used in the prosecution of a criminal action or some offense with which he is charged.

Ocular inspection

Security survey

Seizure

16. These are offers of compromise which are not admissible in evidence against the accused who made the plea or offer, EXCEPT

plea of guilty later withdrawn

offer to give a piece of land in exchange for non-prosecution

an unaccepted offer of a plea of guilty to a lesser offense

payment of medical, hospital or other expenses occasioned by an injury

17. If a person possessed items, goods or anything of value and was derived from robbery of or thievery. It is an indication of of .

Prima facie, theft

Prima facie, robbery

Evidence, Theft

Prima Facie, Fencing

18. When a public officer detains a person without legal grounds.

arbitrary detention

unlawful arrest

illegal detention

illegal arrest

19. Afflictive penalties prescribed in...

20. W, is less than three days old, he is a child of X by his paramour Y. W is killed by X to. prevent his discovery by X's legitimate wife, Z. X is liable for

homicide

infanticide

parricide

murder

21. A condition of enforced, compulsory service of one to another.

Slavery

Peonage

Voluntary Servitude

Involuntary Servitude

22. The cognizance of certain facts which judges may properly take and act without proof because they already know them.

Judicial notice

judicial admission

judicial knowledge

judicial information

23. What is that branch of public law which defines crimes, treats of their nature and provides for the punishment?

civil law

criminal procedure

criminal law

criminal evidence

24. It is a declaration and enumeration of a person s rights and privileges which the Constitution is designated to protect against violation by the government, or by individual or groups of individuals.

Miranda Rights

Human Rights

Bill of Rights

Petition of Rights

25. When may evidence on collateral matters be allowed? When

It is not excluded by the law

It has such a relation to the fact in issue that it induces belief in its existence or non-existence.

It proves matters other than the fact in issue.

It tends in any reasonable degree to establish the probability or improbability of the fact in issue.

26. Acts which are wrong or evil by their very nature:

crimes mala in se

crimes mala prohibita

crimes mala criminal

crimes mala in ce

27. There is____ entry when the offender breaks doors, windows or walls to gain entrance:

unlawful entry

illegal entry

forcible entry

trespassing

28. The witness states that he did not see or know the occurrence of a fact.

cumulative evidence

corroborative evidence

positive evidence

negative evidence

29. Act No. 3815 is otherwise known as

The Revised Penal Code

Probation Act of 1976

Child & Youth Welfare Code

Law on Speedy Trial

30. It is committed by any person who, on the high seas shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers;

Piracy

Mutiny

Robbery on the High Seas

Robbery by band

31. There is____when the method of assault adopted by the aggressor was deliberately chosen with a special view to the accomplishment of the act without risk to the assailant for any defense that the party assailed might have made:

disguise

evident premeditation

craft

treachery

32. A characteristic of criminal law which means that criminal law is binding on all persons who live in the Philippine territory:

generality

territoriality

prospectivity

jurisdictional

33. A branch of government with a task of implementing the laws.

Legislative

Judiciary

Executive

PNP

34. It is committed by a person, who being under oath are required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

Forgery

Perjury

Falsification

False Testimony

35. When a policeman tolerates the commission of a crime or otherwise refrains from apprehending the offender, such peace officer can be prosecuted as

delay in the administration of justice

accessory to the crime committed by the principal

qualified bribery

negligence and tolerance in the prosecution of an offense,

36. The quality of evidence necessary for a court to affirm a decision of an administrative body. It is more popularly known as substantial evidence.

conditional admissibility of evidence

quantum of evidence

probative value of evidence

admissibility of evidence

37. The machinery of the State designed to enforce the law by arresting, prosecuting and adjudicating those accused of violating it and by applying the proper sanctions to those found guilty.

Court

Criminal Justice System

Government

Due Process of Law

38. In 1989, Julio was convicted of theft, At present, he is being held for trial for the crime of robbery. There is an aggravating circumstance of:

reiteracion

obvious ungratefulness

habituality

recidivism

39. A characteristic of criminal law that states that criminal law cannot make an act punishable when it was not punishable at the time of its commission:

generality

territoriality

prospectivity

jurisdictional

40. It is the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified.

Evidence

Procedure

Bail

Seizure

41. The substance of the crime and in its primary sense, refers to the fact that a crime has been actually committed.

relevancy

competency

corpus delicti

prima facie

42. The aspects of Religious Freedom

The separation of Church and State.

The freedom of religious profession and worship.

The freedom to choose your religion

Both A and B

43. According to this criminal justice model, the rights of an individual must be co-equal with the concern for public safety.

Crime prevention

Due process

Crime control

Law & order

44. Jose threatened to kill Pedro, if the latter will not give him 2,000 pésos. What crime has been committed by Jose?

Grave threat

Grave coercion

Kidnapping for ransom

Attempted murder

45. That which proves the disputed fact which does not resort to competent evidence inferences or presumptions.

direct evidence

circumstantial evidence

prima facie evidence

conclusive evidence

46. That substitutionary evidence which becomes admissible, when the best evidence or original document is lost, or destroyed, or cannot be produced in court, or is in the custody of the adverse party

exclusionary rule

best evidence rule

secondary evidence

parol evidence rule

47. When the offender purposely wore something to conceal his identity in the execution of the crime, a was employed:

disguise

evident premeditation.

craft

treachery

48. The motion for leave of court to file demurer to evidence shall be filed within___ days.

49. A right which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness.

Individual Rights

Human Rights

Civil Rights

Collective Rights

50. That which has some connection or relation to what is sought to be proved; tat which has a tendency to prove or disprove the matter in dispute.

circumstantial evidence

relevant evidence

material evidence

competent evidence

51. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him.

confession

acknowledgement

admission

declaration against interest

52. The supreme law of the Land.

Bible

Constitution

PNP Law

Common Law

53. This criminal justice model is based on the idea that the most important function of the CJS is the protection of the public and the repression of criminal conduct.

Crime prevention

Crime control

Law and order

Due process

54. Which of the following is not included in the components of Criminal justice System of the United States?

Law Enforcement

Corrections

Prosecution

Courts

55. A tax of a fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged.

Poll Taxes

Citizen Taxes

Value Added Tax

None of them

56. When evidence is presented in court for admissibility considered relevant to the issue?

when it is not excluded by the rules

when it has a direct bearing and actual connection to the facts and issue

when it is not repugnant in taste

when it is not immoral

57. Kinds of aggravating circumstances which change the nature of an offense;

Generic

Specific

Qualifying

Inherent

58. If the material or paper is offered only to proved its existence, it is;

Documentary

Real

Testimonial

Relevant

59. Judgments of conviction becomes final:

After the lapse of 15 days from the date of promulgation

When the accused expressly waives in writing his right to appeal

When the appeal already filed is withdrawn from the court

All of the above

60. PO1 Alisto, who without legal grounds detains Ms. Halina for being ugly is liable for:

Illegal detention

Arbitrary detention

Kidnapping

Expulsion

61. When an information is filed, the Regional Trial Court

cannot issue a warrant of arrest

can issue a warrant of arrest

can conduct the preliminary investigation

cannot conduct the preliminary investigation

62. A detained prisoner is allowed to eat and drink in a nearby restaurant on several occasions, however is at all times duty guarded. Assuring that it was done with the warden's permission, the warden may be charged with what particular offense?

Infidelity

Negligence of duty

Laxity

Dereliction of duty

63. The police was informed of the presence of a marijuana plantation. The following day, the police, together with the informer, went to the location. When they arrived at the place, they saw the marijuana plants as was informed. Are the marijuana plants admissible in evidence?

Yes. The evidence was in plain view

No. They have no warrant of arrest.

No. The search & seizure without a warrant violated Sec. 2, Art. III of 1987 Constitution.

Yes. The search was incidental to a valid arrest

64. When is evidence considered on collateral matters? When

It tends in any reasonable degree to establish the probability or improbability of the fact in issue.

It has such a relation to the fact in issue that it induces belief in its existence or non-existence.

It proves matters other than the fact in issue.

It is not excluded by the law.

65. When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense is called ___________.

Right Against Detention Solely by Reason of Political Beliefs and Aspirations

Rights Against Double Jeopardy

Right against self-incrimination

None of them

66. All illegal searches and seizures are unreasonable while lawful ones are reasonable.

True

False

67. A law enforcement function in order to preserve social and public order.

Protection

order maintenance

crowd control

crime prevention

68. The evidentiary fact (the evidence)

factum probandum

falsus in uno, falsus in omnibus

force majeure

factum probans

69. The declaration made by a person deceased. Or unable to testify, against the interest of the declarant......

confession

admission

acknowledgement

declaration against interest

70. What crime is committed against mankind, and whose jurisdiction consequently recognizes no territorial limits?

Mutiny

Piracy

Espionage

Sedition

71. The husband or the wife, during or after the marriage cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants,

marital disqualification rule

Privileged Communication

marital prohibition

marital privileged communication

72. What is the effectivity date of the Revised Penal Code?

1 Jan 1932

23 Dec 1977

24 July 1976

10 Nov 1937

73. When is evidence relevant? When

It tends in any reasonable degree to establish the probability improbability of the fact in issue.

It has such a relation to the fact in issue that it induces belief in its existence or non-existence.

It proves matters other than the fact in issue.

It is not excluded by the law.

74. Enrico threw the corpse of Jose who was killed by his friend Freddie. And because of that it took time for the authorities to discover the crime. What was the participation of Enrico in the crime?

Accomplice

Concealment

Accessories

Direct

75. He cannot commit qualified seduction.

Nun

House servant

Guardian

Teacher

76. Criminal laws are strictly construed against the state and liberally in favor of the...

the victim

the accused

the state

the witness

77. A crime is aggravated when it is committed with the aid of persons under years of age:

78. When may evidence on collateral matters be allowed?

when it is relevant to the case

when it tends in any reasonable degree to establish the probability or improbability of the fact in issue

when it is not excluded by the rules

when it is material to the issue

79. The ultimate fact to be established.

factum probandum

falsus in uno, falsus in omnibus

force majeure

factum probans

80. A person who executes a false affidavit may be held liable for:

Forgery

Perjury

Falsification

False Testimony

81. What kind of evidence is given by a witness which states that he did not saw/know whether a crime was committed?

Positive

Hearsay

Negative

Alibi

82. What year does The Human Rights Council, established?

2005

2006

2007

2008

83. The oldest codified law ever recorded and that was the basis not only in the development of law, but of the law enforcement.

Code of Kalantiao

Code of Hammurabi

Code of Maragtas

None of Them

84. An act or omission punishable by the Revised Penal Code:

crime

infraction.

offense

felony

85. When may an insane person be NOT exempted from criminal liability?

when he committed the crime in lucid interval

when he is insane at the time of the commission of the crime

when he is well during the trial of his case

when he recovers sanity immediately after committing the crime

86. It requires the concurrence of two things, that there being an individual an actual assembly of men and for such purpose of executing a treasonable design by force.

Aid or comfort

Levying war

Adherence to the enemy

All of the foregoing

87. These are circumstances which must be taken into consideration as either aggravating or mitigating according to the nature & effects of the crime & the other conditions attending its commission:

exempting

mitigating

justifying

alternative

88. That criminal law is applied to all citizens of the republic irrespective of their religions, belief,, sex and races. This sentence pertains to...

Territoriality

Prospectivity

Generality

None of them

89. When an accused is discharged as a state witness, this is equivalent to

conviction

acquittal

reprieve

commutation

90. Those criminal laws are applied not only in the Philippine Islands but including its property located abroad and against the interest of the Philippine Republic including its flagship.

generality

prospectivity

territoriality

all of them

91. The written confession of the accused, affidavits of witness who have seen or having knowledge in the commission of the killing:

Documentary evidence

Positive evidence

Real

Best evidence

92. Those who are not included as principal either by direct, inducement, or indispensible cooperation, cooperate in the execution of the crime by previous or simultaneous means.

Principal

Accessories

Accomplices

Indispensible

93. The degree of proof required to convict a person accused of treason.

Dangerous tendency rule

Two witness rule

Proof beyond reasonable doubt

Substantial evidence

94. This prove the fact in issue without aid or inference:

Direct Evidence

Best

Evidence

Competency

95. It means not only observed acts of crime but the results of a crime, which triggers the operation of the criminal justice process.

commission of a crime

detection of a crime

solution of a crime

adjudication of a crime

96. A person who had just alleged to commit a crime.

criminal

convict

suspect

all of them

97. When a single act constitutes two or more grave or less grave felonies, or when an offense is an necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

plurality of crimes

continuing crime

complex crime

special complex crime

98. By employing force or intimidation, without a public uprising, for the attainment of the purposes enumerated in defining the crimes of rebellion or sedition.

rebellion

sedition

direct assault

treason

99. Exemption to violation of parliamentary immunity, when a member of congress while in regular session:

Committed a crime punishable by the Revised Penal Code

Committed a crime punishable by a penalty' higher than prison mayor

Committed a crime punishable by prison mayor

None of the foregoing

100. A rights which enable us to participate in running the affairs of the government either directly or indirectly.

Individual Rights

Social Rights

Political Rights

Civil Rights

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Criminal Law and Jurisprudence Exam

Criminal Law and Jurisprudence Exam

Result

1. This concerns to the obligations of the community to individuals, and requires fair disbursement of common advantages and sharing of common burden.

2. A rights that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of national culture based on the principle of unity and diversity in a climate of free artistic and intellectual expression.

3. The International Covenant on Civil and Political Rights and its First Optional Protocol entered into force in what year?

4. Republic Act No. 9745, otherwise known as the _____________

5. The means, sanctioned by these rules, of ascertaining in a judicial proceeding truth respecting a matter of fact

6. A person arrested for the commission of an offense punishable by afflictive penalties must be delivered to the proper judicial authority within how many hours?

7. The major function of the PROSECUTION component of the Criminal Justice System.

8. Those felonies which the law attaches the capital punishment which in any of their periods are afflictive.

9. The basis of criminal liability is free will and the purpose of penalty is retribution:

10. When all the elements necessary for its execution and accomplishment are present.

11. When a public officers performs in his public office an act prohibited by law.

12. It is a milestone document in the history of human rights.

13. It is the unauthorized act of a public officer who compels a person to change his residence.

14. It is defined as the supreme, inherent, and inalienable rights to life, to dignity, and to self-development.

15. This is an examination of a man's house or other buildings or premises, of his person, with a view to the discovery of contraband or illicit or stolen property or some evidence of guilt to be used in the prosecution of a criminal action or some offense with which he is charged.

16. These are offers of compromise which are not admissible in evidence against the accused who made the plea or offer, EXCEPT

17. If a person possessed items, goods or anything of value and was derived from robbery of or thievery. It is an indication of________ of ________.

18. When a public officer detains a person without legal grounds.

19. Afflictive penalties prescribed in...

20. W, is less than three days old, he is a child of X by his paramour Y. W is killed by X to. prevent his discovery by X's legitimate wife, Z. X is liable for

21. A condition of enforced, compulsory service of one to another.

22. The cognizance of certain facts which judges may properly take and act without proof because they already know them.

23. What is that branch of public law which defines crimes, treats of their nature and provides for the punishment?

24. It is a declaration and enumeration of a person s rights and privileges which the Constitution is designated to protect against violation by the government, or by individual or groups of individuals.

25. When may evidence on collateral matters be allowed? When

26. Acts which are wrong or evil by their very nature:

27. There is____ entry when the offender breaks doors, windows or walls to gain entrance:

28. The witness states that he did not see or know the occurrence of a fact.

29. Act No. 3815 is otherwise known as

30. It is committed by any person who, on the high seas shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers;

31. There is____when the method of assault adopted by the aggressor was deliberately chosen with a special view to the accomplishment of the act without risk to the assailant for any defense that the party assailed might have made:

32. A characteristic of criminal law which means that criminal law is binding on all persons who live in the Philippine territory:

33. A branch of government with a task of implementing the laws.

34. It is committed by a person, who being under oath are required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

35. When a policeman tolerates the commission of a crime or otherwise refrains from apprehending the offender, such peace officer can be prosecuted as

36. The quality of evidence necessary for a court to affirm a decision of an administrative body. It is more popularly known as substantial evidence.

37. The machinery of the State designed to enforce the law by arresting, prosecuting and adjudicating those accused of violating it and by applying the proper sanctions to those found guilty.

38. In 1989, Julio was convicted of theft, At present, he is being held for trial for the crime of robbery. There is an aggravating circumstance of:

39. A characteristic of criminal law that states that criminal law cannot make an act punishable when it was not punishable at the time of its commission:

40. It is the security required by a court and given for the provisional or temporary release of a person who is in the custody of the law conditioned upon his appearance before any court as required under the conditions specified.

41. The substance of the crime and in its primary sense, refers to the fact that a crime has been actually committed.

42. The aspects of Religious Freedom

43. According to this criminal justice model, the rights of an individual must be co-equal with the concern for public safety.

44. Jose threatened to kill Pedro, if the latter will not give him 2,000 pésos. What crime has been committed by Jose?

45. That which proves the disputed fact which does not resort to competent evidence inferences or presumptions.

46. That substitutionary evidence which becomes admissible, when the best evidence or original document is lost, or destroyed, or cannot be produced in court, or is in the custody of the adverse party

47. When the offender purposely wore something to conceal his identity in the execution of the crime, a was employed:

48. The motion for leave of court to file demurer to evidence shall be filed within___ days.

49. A right which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness.

50. That which has some connection or relation to what is sought to be proved; tat which has a tendency to prove or disprove the matter in dispute.

51. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him.

52. The supreme law of the Land.

53. This criminal justice model is based on the idea that the most important function of the CJS is the protection of the public and the repression of criminal conduct.

54. Which of the following is not included in the components of Criminal justice System of the United States?

55. A tax of a fixed amount imposed on individuals residing within a specified territory, whether citizens or not, without regard to their property or the occupation in which they may be engaged.

56. When evidence is presented in court for admissibility considered relevant to the issue?

57. Kinds of aggravating circumstances which change the nature of an offense;

58. If the material or paper is offered only to proved its existence, it is;

59. Judgments of conviction becomes final:

60. PO1 Alisto, who without legal grounds detains Ms. Halina for being ugly is liable for:

61. When an information is filed, the Regional Trial Court

62. A detained prisoner is allowed to eat and drink in a nearby restaurant on several occasions, however is at all times duty guarded. Assuring that it was done with the warden's permission, the warden may be charged with what particular offense?

63. The police was informed of the presence of a marijuana plantation. The following day, the police, together with the informer, went to the location. When they arrived at the place, they saw the marijuana plants as was informed. Are the marijuana plants admissible in evidence?

64. When is evidence considered on collateral matters? When

65. When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense is called ___________.

66. All illegal searches and seizures are unreasonable while lawful ones are reasonable.

67. A law enforcement function in order to preserve social and public order.

68. The evidentiary fact (the evidence)

69. The declaration made by a person deceased. Or unable to testify, against the interest of the declarant......

70. What crime is committed against mankind, and whose jurisdiction consequently recognizes no territorial limits?

72. What is the effectivity date of the Revised Penal Code?

73. When is evidence relevant? When

74. Enrico threw the corpse of Jose who was killed by his friend Freddie. And because of that it took time for the authorities to discover the crime. What was the participation of Enrico in the crime?

75. He cannot commit qualified seduction.

76. Criminal laws are strictly construed against the state and liberally in favor of the...

77. A crime is aggravated when it is committed with the aid of persons under years of age:

78. When may evidence on collateral matters be allowed?

17. If a person possessed items, goods or anything of value and was derived from robbery of or thievery. It is an indication of of .