Take the Remedial Law Review MCQs – Set 1 Quiz.
Remedial Law Review - Set 1 [25 items]
Question 1 |
A | It is a categorical acknowledgment of guilt. |
B | It must always be express, never implied. |
C | It may be made by third persons and, in certain cases, are admissible against a party. |
D | It may be made only by the party himself and, in some instances, are admissible against his co-accused. |
Question 2 |
A | the executor |
B | the devisee/ legatee |
C | the testator himself during his lifetime |
D | a person who is not interested in the estate. |
Question 3 |
A | The action is against an executor or an administrator of an estate |
B | The subject matter of the action is a claim or demand against the estate of a deceased person. |
C | The witness is a party or an assignor of a party |
D | The testimony should refer to any matter of fact which occurred after the death of the deceased. |
Question 4 |
A | the place where he last resided. |
B | any of the places where his properties are located. |
C | the place of his death. |
D | his residence at the time of his death. |
Question 5 |
[RLR 0119] The defendant appeals from a decision of the Regional Trial Court (RTC) affirming a decision of the Municipal Trial Court (MTC) ordering the defendant to vacate the premises:
A | The RTC decision can be executed only after the decision of the appellate court affirming such decision has become final and executory. |
B | The defendant can stay the execution of the RTC decision by filing a bond. |
C | The defendant can stay the execution of the RTC decision without filing a bond. |
D | The RTC decision is immediately executory. |
Question 6 |
A | Failure to claim it before the accused pleaded |
B | If the accused fails to ask for preliminary investigation after being aware for more than five (5) days that the case had been filed in court. |
C | Where the accused posted a bond |
D | All choices except when the accused posted a bond |
Question 7 |
A | when he died testate. |
B | when he died intestate. |
C | regardless of the value of his estate. |
D | when he was not survived by children. |
Question 8 |
[RLR 0112] The residue of the estate of a decedent may be distributed to the heirs, even before all the obligations of the estate have been paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within the time fixed by the court:
A | a cash bond equal to the amount of the said unpaid obligations. |
B | in a sum fixed by the court. |
C | in an amount equal to twice the said unpaid obligations. |
D | No bond is required. |
Question 9 |
A | The party who files the action presents a certified true copy of the judgment by the clerk of the court of the foreign tribunal that rendered it. |
B | The party who files the action presents a certification from the Philippine diplomatic representative in the said foreign country that the person who issued the copy is the legal custodian thereof. |
C | All choices |
D | The court with which the action to enforce the foreign judgment is filed takes judicial notice of the foreign judgment. |
Question 10 |
A | It was proved and allowed in accordance with the laws of such foreign country. |
B | None of the choices |
C | The will was executed in the Philippines. |
D | The will was executed in such foreign country. |
Question 11 |
A | All choices |
B | Rebuttal witnesses |
C | Expert witnesses |
D | Parties to the action or the accused in a criminal case |
Question 12 |
A | a prior inconsistent statement |
B | particular instances of immoral or wrongful acts, or improper or unlawful conduct that the witness may have committed. |
C | evidence that in the community where he resides, his general reputation for truth, honesty or integrity is bad. |
D | Evidence of a prior conviction of an offense which may be proved by eliciting an admission from the witness or by a record of his conviction. |
Question 13 |
A | not issue a writ of execution in any case. |
B | issue writs of execution in five instances |
C | issue a writ of execution in only three (3) instances. |
D | issue writs of execution in all cases. |
Question 14 |
A | Both inquisitional and personal |
B | Alternative |
C | Personal |
D | Inquisitional |
Question 15 |
A | Those admitted by any party. |
B | Facts which are admitted or which are not denied in the answer, provided they have been insufficiently alleged. |
C | Facts which are not subject to judicial notice. |
D | Those which are the subject of an agreed statement of facts between the parties. |
Question 16 |
A | any of the provinces where he had any property at the time of his death. |
B | any of the above places at the option of the petitioner. |
C | the place where he died. |
D | his residence at the time of his death. |
Question 17 |
A | recovery of real or personal property from the estate. |
B | recovery of an interest in such property. |
C | recovery of a loan evidenced by a promissory note signed by the decedent. |
D | enforcement of a lien on such property. |
Question 18 |
A | conclusive as to the validity of the dispositions made therein. |
B | conclusive as to its due execution. |
C | not conclusive on anything. |
D | not conclusive as to its due execution. |
Question 19 |
A | Sell any property of the estate without court authority. |
B | Commence and maintain suits as administrator. |
C | Pay the debts of the deceased upon order of the court. |
D | Take possession of the estate of the deceased. |
Question 20 |
A | It is the body or substance of the crime. |
B | All choices |
C | It is the fact that a crime has actually been committed. |
D | It is the actual commission by someone of the particular crime charged. |
Question 21 |
A | Department of Justice |
B | Metropolitan Trial Court |
C | Office of the President |
D | Regional Trial Court |
Question 22 |
[RLR 0122] The doctrine of primacy of the criminal action, which provides that civil action is thus suspended in whatever stage it may be found upon the filing of the criminal action, accepts certain exceptions. Which of the following are among those exceptions?
A | In cases where the civil action presents a prejudicial questions |
B | In cases of independent civil action |
C | When the act or omission from which civil liability may arise did not exist |
D | Both cases of independent civil action and where the civil action presents a prejudicial questions |
Question 23 |
A | By the service of the copy of the petition upon him by the petitioner. |
B | By special appearance |
C | By the service upon him or the order of resolution of the Court of Appeals indicating its initial action on the petition or by his voluntary submission to such jurisdiction. |
D | By the service of summons upon him in accordance with Rule 14. |
Question 24 |
A | It is discretionary upon the trial court to reject the entire evidence or receive evidence those parts which are admissible and reject the other parts. |
B | It is the duty of the judge to rest his findings of facts and his judgment only and strictly upon the evidence offered by the parties at the trial. |
C | It is the duty of a party to select the competent from the incompetent in offering testimony and he cannot impose this duty upon the trial court. |
D | All statements |
Question 25 |
A | The RTC had no jurisdiction over the person of the defendant |
B | There is newly discovered evidence. |
C | The RTC had no jurisdiction over the subject matter of the case or that the decision resulted from extrinsic fraud. |
D | The RTC decision resulted from an intrinsic fraud. |
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