PRELIM POINTERS IN CLJ 6 | EVIDENCE
By Leilani B. Delgado-Moselina, JD
1. Why is the study of evidence crucial in law
enforcement?
a. To ensure that suspects are always found
guilty.
b. To facilitate swift judgment without trial.
c. To help in ascertaining the truth in a judicial
proceeding.
d. To bypass the need for witnesses.
*Answer: c. To help in ascertaining the truth in a
judicial proceeding.*
2. Connecting the chain of events through
evidence assists in:
a. Bypassing the need for an investigation.
b. Creating a seamless narrative for the media.
c. Strengthening the prosecution's case by
establishing a sequence.
d. Ensuring every suspect is detained.
*Answer: c. Strengthening the prosecution's case
by establishing a sequence.*
3. Understanding the elements of a crime assists
officers in:
a. Avoiding all need for evidence collection.
b. Determining whether a specific crime has been
committed.
c. Avoiding court appearances.
d. Making arrests without a warrant.
*Answer: b. Determining whether a specific crime
has been committed.*
4. Which of the following is a challenge in
preserving evidence?
a. Keeping evidence for too short a time.
b. Contamination of evidence.
c. Making evidence publicly available.
d. Using evidence for personal use.
*Answer: b. Contamination of evidence.*
5. Factum probandum refers to:
a. Fact needing to be proved.
b. Evidence proving the fact.
c. The methodology of proving.
d. The lawyer presenting the proof.
*Answer: a. Fact needing to be proved.*
6. Factum probans pertains to:
a. The primary fact in question.
b. A potential suspect.
c. The judicial decision.
d. The evidence that proves the fact.
*Answer: d. The evidence that proves the fact.*
7. Proof in a legal context refers to:
a. An established fact.
b. The process of establishing a fact's truth.
c. Physical evidence only.
d. The defense's main argument.
*Answer: b. The process of establishing a fact's
truth.*
8. In Philippine law, evidence is:
a. A means of establishing truth in a trial.
b. Only relevant for civil cases.
c. Always in written form.
d. Unnecessary for prosecutions.
*Answer: a. A means of establishing truth in a
trial.*
9. Prima facie evidence refers to:
a. Proof beyond reasonable doubt.
b. Evidence sufficient to establish a fact unless
refuted.
c. An irrefutable piece of evidence.
d. Only physical evidence.
*Answer: b. Evidence sufficient to establish a fact
unless refuted.*
10. Preponderance of the evidence is the standard
of proof typically used in:
a. Criminal cases.
b. Media trials.
c. Civil cases.
d. Personal debates.
*Answer: c. Civil cases.*
11. Clear and convincing evidence means:
a. The evidence is casually persuasive.
b. The evidence is overwhelmingly against the
defendant.
c. The evidence is highly likely to be true.
d. The evidence is vaguely indicative.
*Answer: c. The evidence is highly likely to be
true.*
12. Proof beyond reasonable doubt is the highest
standard of proof and is typically required in:
a. Media investigations.
b. Personal decisions.
c. Civil disputes.
d. Criminal cases.
*Answer: d. Criminal cases.*
13. The core components that must be established
to determine the commission of a crime are called:
a. Actus rea and mens rea.
b. Civil components.
c. Probative elements.
d. Crime signals.
*Answer: a. Actus rea and mens rea.*
14. Actus Reus refers to:
a. The mental state of the offender.
b. The guilty action.
 c. The type of victim.
d. The location of the crime.
*Answer: b. The guilty action.*
15. Mens rea pertains to:
a. The guilty action.
b. The defense's perspective.
c. The guilty mind or intent.
d. The proof presented.
*Answer: c. The guilty mind or intent.*
16. Which term refers to the fact that needs to be
proven?
a. Probative method
b. Factum probandum
c. Evidence record
d. Factum probans
*Answer: b. Factum probandum*
17. The primary role of evidence in a trial is to:
a. Support the prosecutor's claims regardless of
truth.
b. Ascertain the truth respecting a matter of fact.
c. Provide entertainment in a court proceeding.
d. Always favor the defense.
*Answer: b. Ascertain the truth respecting a
matter of fact.*
18. Which type of evidence must be highly
probable to be true?
a. Prima facie evidence
b. Proof beyond reasonable doubt
c. Circumstantial evidence
d. Clear and convincing evidence
*Answer: d. Clear and convincing evidence*
19. One of the challenges in collecting evidence is:
a. Always using digital methods.
b. Avoiding the scene of the crime.
c. Ensuring evidence is not contaminated.
d. Relying solely on eyewitness accounts.
*Answer: c. Ensuring evidence is not
contaminated.*
20. Which standard of proof is used in criminal
trials?
a. Clear and convincing evidence
b. Proof beyond reasonable doubt
c. Preponderance of the evidence
d. Prima facie evidence
*Answer: b. Proof beyond reasonable doubt*
21. The intention or state of mind with which a
person acts is known as:
a. Actus reus
b. Crime scene
c. Mens rea
d. Evidence marker
*Answer: c. Mens rea*
22. Which refers to the actual commission of the
criminal act?
a. Mens rea
b. Evidence collection
c. Actus reus
d. Crime narrative
*Answer: c. Actus reus*
23. Prima facie evidence is:
a. Always absolute and unchallengeable.
b. Only applicable in civil cases.
c. Sufficient to establish a fact unless rebutted.
d. Solely based on eyewitness testimonies.
*Answer: c. Sufficient to establish a fact unless
rebutted.*
24. In which kind of cases is "preponderance of
the evidence" most commonly used as a standard
of proof?
a. Criminal
b. Media investigations
c. Civil
d. International disputes
*Answer: c. Civil*
25. Clear and convincing evidence is:
a. A vague suggestion of truth.
b. A low-level standard of proof.
c. Only applicable in international courts.
d. A higher level of proof than preponderance but
lower than beyond a reasonable doubt.
*Answer: d. A higher level of proof than
preponderance but lower than beyond a reasonable
doubt.*
26. One of the challenges in preserving evidence
includes:
a. Storing it for too short a duration.
b. Allowing public access to it.
c. Preventing tampering or contamination.
d. Discarding it after a trial.
*Answer: c. Preventing tampering or
contamination.*
27. Prima facie evidence in preliminary hearings:
a. Guarantees a conviction.
b. Is considered irrelevant.
c. Can lead to a full trial if it establishes probable
cause.
d. Is solely based on the prosecutor's discretion.
*Answer: c. Can lead to a full trial if it establishes
probable cause.*
28. While "evidence" pertains to the means to
ascertain the truth, "proof" refers to:
a. The end result of an investigation.
b. The process of establishing the truth of a fact.
c. A document in court.
d. The prosecutor's main argument.
*Answer: b. The process of establishing the truth
of a fact.*
29. Actus reus is critical because it pertains to:
a. The motive behind a crime.
b. The thought process before committing a
crime.
c. The physical action or conduct constituting the
crime.
d. The aftermath of the crime.
*Answer: c. The physical action or conduct
constituting the crime.*
30. Mens rea is significant as it determines:
a. The location of the crime.
b. The aftermath of the crime.
c. The intent or mental state of the perpetrator.
d. The method of evidence collection.
*Answer: c. The intent or mental state of the
perpetrator.*
31. Why is it vital for police officers to connect the
chain of events through evidence?
a. To create a compelling narrative for media.
b. To ensure conviction regardless of the truth.
c. To establish a coherent timeline and
demonstrate links between the accused and the
crime.
d. To increase the number of evidence items
presented in court.
*Answer: c. To establish a coherent timeline and
demonstrate links between the accused and the
crime.*
32. Which term refers to the means by which the
fact in question is proven?
a. Factum probandum
b. Probative fact
c. Investigative technique
d. Factum probans
*Answer: d. Factum probans*
33. Why is understanding the elements of a crime
crucial in the realm of evidence?
a. To know where the crime occurred.
b. To tailor the evidence to fit the crime regardless
of its relevance.
c. To ensure that every piece of evidence
corresponds and supports each element of the
crime.
d. To predict future crimes.
*Answer: c. To ensure that every piece of
evidence corresponds and supports each element of
the crime.*
34. According to Philippine laws, "Evidence" is
the means of:
a. Providing entertainment in a court setting.
b. Always favoring the defense.
c. Making every crime scene interesting.
d. Ascertaining in a judicial proceeding the truth
respecting a matter of fact.
*Answer: d. Ascertaining in a judicial proceeding
the truth respecting a matter of fact.*
35. In a drug buy-bust operation, proof beyond
reasonable doubt could include:
a. Hearsay from an uninvolved party.
b. Direct surveillance footage of the transaction
taking place.
c. The defendant's previous unrelated criminal
record.
d. General public opinion about the defendant.
*Answer: b. Direct surveillance footage of the
transaction taking place.*
36. Factum probandum refers to:
a. The tools used in the investigation.
b. The fact that is to be proven in court.
c. The people involved in a case.
d. The court's final decision.
*Answer: b. The fact that is to be proven in court.*
37. Preponderance of the evidence in
administrative cases against a police officer might
involve proving:
a. Guilt beyond any doubt.
b. That it's more likely than not that the officer
violated certain rules or standards.
c. That the officer had no involvement
whatsoever.
d. The officer's personal beliefs.
*Answer: b. That it's more likely than not that the
officer violated certain rules or standards.*
38. What's a primary concern when collecting
evidence at a crime scene?
a. Rapidly clearing the area for public access.
b. Taking photographs for media.
c. Ensuring evidence remains untainted and
authentic.
d. Sharing evidence with interested parties
immediately.
*Answer: c. Ensuring evidence remains untainted
and authentic.*
39. What distinguishes "proof" from "evidence"?
a. Proof is the collection of all potential clues at a
crime scene.
b. Proof is the end result of an investigation
regardless of truth.
c. Proof is the process of establishing the truth of
a fact using evidence.
d. Proof and evidence are exactly the same in
legal terms.
*Answer: c. Proof is the process of establishing
the truth of a fact using evidence.*
40. In the context of a crime, mens rea helps to
establish:
a. The physical actions of the accused.
b. The surrounding environment of the crime
scene.
c. The mental state or intention behind the crime.
d. The tools used in committing the crime.
*Answer: c. The mental state or intention behind
the crime.*

ESSAY:
Be ready to be asked about the discussions in the Notes about Buy-Bust Operations, Proof Beyond Reasonable
Doubt, and Chain of Custody.

PARTS OF THE EXAM:

1. 20 items Multiple Choice. 1 point each. Total 20 points

2. 1 Essay Type. 4 questions. 3 points each, with 3 bonus points. Total 15 points.

- GOOD LUCK!!! -