CLJ Mock Board Exam No.

2: B2013

1. What is the duration of Arresto Mayor as a penalty?

A. One day to thirty days; C. Six months and one day to six years;
B. As the court may determine; D. One month and one day to six months.
2. If the convict has no property with which to meet the fine of his pecuniary liabilities, he shall be
subjected to _________?
A. Subsidiary penalty; C. Accessory penalty;
B. Preventive imprisonment; D. Afflictive penalty.
3. One by which a party sues another for the enforcement or protection of a right or the prevention or
redress of a wrong. What is being defined?
A. Criminal action; C. Special proceedings;
B. Civil Action; D. Remedial action.
4. It is the method prescribed by law for the apprehension and prosecution of persons accused of any
criminal offense, and their punishment, in case of conviction.
A. Criminal law; C. Criminal evidence;
B. Remedial law; D. Criminal procedure.
5. It is a process directed to a person requiring him to attend and testify at the hearing or trial or action or
at any investigation conducted by competent authority or the taking of his deposition.
A. Summons; C. Court order;
B. Sub poena; D. Warrant.
6. It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed
with the court.
A. Information; C. Court order;
B. Mittimus; D. Complaint.
7. ________ is one by which the State prosecutes a person for an act or omission punishable by law.
A. Civil action; C. Criminal action;
B. Remedial action; D. Power of the State.
8. It is concerned with the procedural steps through which a criminal case passes, commencing with the
initial investigation of a crime and concluding with the unconditional release of the offender. What is
being defined?
A. Criminal procedure; C. Criminal law;
B. Criminal evidence; D. Remedial law.
9. It is a writ addressed to the defendant, directing him to answer within the time prescribed by the rules
the complaint filed against him by the plaintiff, with a notice that unless he so answers, plaintiff will take
judgment by default and may grant the relief applied for.
A. Court order; C. Sub poena;
B. Summons; D. Warrant.
10. ___________ are remedies by which a party seeks to establish a status, a right, or a particular fact.
A. Criminal action; C. Administrative case;
B. Special proceedings; D. None of these.
11. It is a generic term used to describe the network of laws and rules which govern the procedural
administration of criminal justice.
A. Criminal law; C. Criminal procedure;
B. Criminal evidence; D. Remedial law.
12. What is called the authority to hear and decide a particular offense and impose punishment for it?
A. Criminal evidence ; C. Power of the court;
B. Criminal jurisdiction; D. Judicial power.
13. The facts alleged in the complaint and the laws in force at the time of the commencement of the
action determine the jurisdiction of a court. This statement is:
A. Correct, as it is the general rule; C. It depends on the judge;
B. Incorrect, as not among the rules ; D. It depends on the law at the time of the application.
14. It is the process of resolving a dispute or a grievance outside of the court by presenting it to a third
party or a panel decision.
A. Mediation; C. Amicable settlement;
B. Arbitration; D. Negotiation.
15. In Katarungang Pambarangay proceedings, may the parties appear with the assistance of their
counsel?
A. Yes, because of their right to counsel;
B. No, appearance of a lawyer in all Katarungang Pambarangay proceedings is prohibited;
C. Yes, at the prerogative of each party;
D. No, unless the Lupon chairman allows it.

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16. It is the sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated.
A. Sub poena; C. Complaint;
B. Warrant; D. Summons.
17. Under the rules, all criminal actions commenced by a complaint or information shall be prosecuted
under the direction and control of the _______.
A. Judge; C. Prosecutor;
B. Policeman; D. Lupon chairman.
18. As an exception to the rule, in MTCsor MCTCs when the prosecutor assigned thereto or to the case
is not available, the following can prosecute the case, except:
A. The MTC judge; C. Any peace officer;
B. The offended party; D. Public officer charged with the enforcement of the law.
19. In the crimes of adultery and concubinage, it shall not be prosecuted except upon a complaint filed
by:
A. The offended spouse; C. Guardian of the offended party;
B. Parents of offended spouse; D. Grandparents of the offended party.
20. For a complaint or information to be sufficient, it must state the following, except:
A. the name of the accused; C. the acts or omissions complained of;
B. the designation of the offense; D. the age of the offended party.
21. When an offense is committed by more than one person, all of them shall be included in the
complaint or information. This statement is:
A. Correct; C. Incorrect;
B. Not necessary, under the rules; D. Doubtful.
22. The rule provides that the complaint or information must state the name and surname of the accused
or any appellation or nickname by which he has been or is known. What if his name cannot be
ascertained? The rule says:
A. Leave the name blank to be supplied later on;
B. The name “Juan de la Cruz” should be used;
C. He must be described under a fictitious name with a statement that his true name is unknown ;
D. The name “John Doe” should be entered.
23. The rule provides that the complaint or information shall state the designation of the offense given
by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and
aggravating circumstances. If there is no designation of the offense, then:
A. Reference shall be made to the section or subsection of the statute punishing it;
B. Reference shall be based on the provisions of the Revised Penal Code;
C. Reference shall be made on the basis of the special law;
D. Reference shall be made in accordance with the Civil Code .
24. The acts or omissions complained of as constituting the offense and the qualifying and aggravating
circumstances must be stated in ordinary and:
A. shall be translated to Tagalog or Ilocano dialect;
B. Concise language;
C. Not necessarily in the language used in the statute;
D. As long as the person knows what offense is being charged.
25. The complaint or information is sufficient if it can be understood from its allegations that the offense
was committed or some of its essential ingredients occurred at some place within:
A. the locality; C. the jurisdiction of the court;
B. the reach of coverage area; D. the identification of the person.
26. It is not necessary to state in the complaint or information the precise date the offense was committed
except:
A. When it is a material ingredient of the offense;
B. When the offense may be alleged to have been committed on a date as near as possible to the actual date
of its commission;
C. Both A and B are correct;
D. When the date is clearly known.
27. Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of
its trip, the criminal action shall be instituted:
A. At the nearest RTC where such train, aircraft, or other vehicle passed during its trip;
B. At the nearest MTC where such train, aircraft, or other vehicle passed during its trip ;
C. Under the prerogative of the prosecutor;
D. In the court of any municipality or territory where such train, etc. passed during its trip, including its
departure and arrival.

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28. A complaint or information is sufficient in substance if it does not contain any of the defects which is
a ground for a motion to quash. A motion to quash, once granted, is equivalent to dismissal, but not
acquittal. This statement is:
A. Correct; C. Sometimes correct;
B. Incorrect; D. Sometimes incorrect.
29. If acquittal is based on the merits of the case, the dismissal is based on:
A. Crime committed; C. Judge’s prerogative;
B. Technicality; D. Lack of evidence.
30. It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-
grounded belief that a crime has been committed and the respondent is probably guilty thereof, and
should be held for trial.
A. Prejudicial question; C. Preliminary investigation;
B. Double jeopardy; D. Probe.
31. A preliminary investigation is required to be conducted before the filing of a complaint or
information for an offense where the penalty prescribed by law is:
A. Capital punishment; C. At least 4 years, 2 months and 1 day;
B. Life imprisonment; D. Prision mayor to reclusion perpetua.
32. Which among the following is not authorized to conduct preliminary investigation?
A. National and state prosecutors; C. Judges of lower courts;
B. Provincial or city prosecutors; D. City assistant prosecutors.
33. Within how many days after the filing of the complaint, the investigating prosecutor either dismiss or
issue a subpoena to the respondent?
A. 10 days, according to the procedures ;
B. 15 days, according to the rules;
C. 20 days, according to the judge;
D. At any time, according to the prosecutor.
34. Within how many days from receipt of the subpoena with the complaint and supporting affidavits and
documents, the respondent should submit his counter-affidavit and that of his witnesses and other
supporting documents relied upon for his defense?
A. 10 days, according to the procedures ;
B. 15 days, according to the rules;
C. 20 days, according to the judge;
D. At any time, according to the prosecutor.
35. Within how many days after the investigation, the investigating officer should determine whether or
not there is sufficient ground to hold the respondent for trial?
A. 10 days, according to the procedures ;
B. 15 days, according to the rules;
C. 20 days, according to the judge;
D. At any time, according to the prosecutor.
36. An arrest is made by an actual restraint of a person to be arrested, or by:
A. Recognizance ;
B. Way of probation;
C. His submission to the custody of the person making the arrest;
D. Voluntary detention.
37. The duty of the officer executing the warrant to arrest the accused is to:
A. Detain the arrested person within the time prescribed by law ;
B. Deliver him to the nearest police station or jail without unnecessary delay;
C. Conduct preliminary investigation;
D. Lock up the person in the detention cell for safekeeping.
38. How many Justices of the Supreme Court are there?
A. 13 Justices excluding the Chief Justice ;
B. 15 Justices including the Chief Justice;
C. 16 Justices including the Chief Justice;
D. 12 Justices excluding the Chief Justice.
39. The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten days from receipt. Within ten days after the expiration of the period,
the officer to whom it was assigned for execution should:
A. Make a follow up investigation on the progress of the execution of the warrant ;
B. Make a report to the Judge who issued the warrant;
C. Execute the warrant by himself;
D. Apply to the court for another warrant.

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40. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another, there is no need for a warrant of arrest. This
statement is:
A. Correct; C. Sometimes correct;
B. Incorrect; D. Sometimes incorrect.
41. It is now a settled rule that the time of making arrest can be made during the day and at any time of
the day only. This statement is:
A. True ; C. It depends on the judge;
B. False; D. It depends on the arresting officer.
42. When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except:
A. When he flees or forcibly resists before the officer has the opportunity to inform him ;
B. When giving such information will imperil the arrest;
C. Both A and B are correct;
D. Voluntary surrender.
43. An officer in order to make an arrest either by virtue of a warrant, or without a warrant, may break
into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose. Is this allowed?
A. No, it is a violation of domicile ;
B. No, it is trespass to dwelling;
C. Yes, it is in accordance to the rules;
D. Yes, according to the judge.
44. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him
without a warrant at any time and in any place within the Philippines. This statement is:
A. Correct in accordance with the rules ;
B. Incorrect, it is baseless;
C. Sometimes correct, when the person is unidentified;
D. Sometimes incorrect, unless with a valid search warrant.
45. A restraint on person, depriving one of his own will and liberty, binding him to become obedient to
the will of the law. What is being defined?
A. Custody; C. Search;
B. Arrest; D. Seizure.
46. What is the literal meaning of the Latin phrase “in flagrante delicto”?
A. “caught in the act of wrong” ; C. “hot pursuit of a person”;
B. “delicate flower fragrance”; D. “in the name of the people”.
47. For purposes of search and seizure, the officer can break into any building or enclosure without
violating the right of privacy. Is this allowed?
A. No, never allowed ;
B. Yes, when there is consent and there is warrant;
C. No, this is allowed only in making an arrest not search;
D. It all depends on the officer thru police discretion.
48. It is the security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions hereinafter
provided.
A. Recognizance ; C. Republic Act No. 5487;
B. Probation; D. Bail.
49. The failure of the accused to appear at the trial without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In such case, should the trial proceed?
A. Yes, the trial may proceed in absentia ;
B. No, because of the absence of the accused;
C. No, anyway there is always bail as security;
D. Yes, upon the order of the high court.
50. When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right
to counsel is violated, unless:
A. the fake lawyer is a person of probity;
B. the accused voluntarily chose him knowing him to be a non lawyer;
C. the court allows it;
D. the public attorney’s office is informed.
51. On arraignment, the accused must be arraigned before:
A. The prosecutor who conducted the preliminary investigation ;
B. The Regional Trial Court;
C. The court where the complaint or information was filed or assigned for trial;
D. The Supreme Court.

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52. It is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring
it before the court.
A. Warrant of arrest ; C. Bench warrant;
B. Search warrant; D. Court order.
53. Before arraignment, the court shall inform the accused of his right to counsel and ask him if he
desires to have one. Unless the accused is allowed to defend himself in person or has employed counsel
of his choice_____.
A. The court will suspend the trial until the accused chooses a lawyer ;
B. The court must assign a counsel de oficio to defend him;
C. The court will proceed to trial in the absence of a lawyer;
D. The court will impose judgment on the merits of the case.
54. The initial step in a criminal prosecution whereby the defendant is brought before the court to hear
the charges and to enter his plea is called:
A. Pleadings ; C. Arraignment;
B. Plea bargaining; D. Preliminary investigation.
55. At what time the accused may move to quash the complaint or information?
A. at anytime before entering the plea;
B. 10 days before the date of trial;
C. 15 days immediately after plea bargaining;
D. 10 days upon receipt of the information by the court.
56. After a plea of not guilty is entered, the accused shall have ______ to prepare for trial. The trial shall
commence within 30 days from receipt of the pre-trial order.
A. At least 5 days ; C. At least 15 days;
B. At least 10 days ; D. At least 20 days.
57. Among the following, which shall be the first in the order of trial?
A. The defense counsel will preside over the case ;
B. The accused should be presented on the witness stand;
C. The prosecution will present evidence to prove the charge and, in proper case, the civil liability;
D. The judge will recite the “Panunumpa sa Watawat”.
58. The judgment is promulgated by reading it in the presence of the accused and any judge of the court
in which it was rendered. However, when the judge is absent or outside the province or city, the
judgment may be promulgated by:
A. The clerk of court ;
B. Secretary of Justice;
C. Any Justice of the Supreme Court;
D. Any Judge of the RTC or MTC within the immediate locality.
59. At any time before a judgment of conviction becomes final, the court may, on motion of the accused
or at its own instance but with the consent of the accused, grant new trial, or reconsideration. This
statement is:
A. Incorrect, it should be within 5 days after judgment ;
B. Correct, as stated in the rules;
C. Correct, as long as on the motion of the accused;
D. Incorrect, motion for reconsideration should be denied.
60. An appeal must be taken within ______ from the promulgation of the judgment or from notice of the
final order appealed from.
A. 15 days; C. 20 days;
B. 30 days; D. 10 days.
61. The Court of Appeals of the Philippines is the second highest court next to the Supreme Court. It is
composed of:
A. 69 Justices including the Presiding Justice ;
B. 58 Justices including the Presiding Justice;
C. 28 Justices including the Presiding Justice;
D. 16 Justices including the Presiding Justice.
62. A search warrant shall not issue except upon ______ in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce.
A. Existence of probable cause ; C. Conduct of preliminary investigation;
B. Availability of witnesses; D. In writing.
63. A search warrant shall be valid for ______ from its date. Thereafter, it shall be void.
A. 15 days ; C. 20 days;
B. 10 days; D. Until it is served.

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64. Can a person lawfully arrested be searched for dangerous weapon or anything which may have been
used or constitutes proof in the commission of an offense without a search warrant?
A. Yes, it is allowed by the rules ; C. No, it must be with search warrant;
B. It depends upon the order of the court; D. It is a prerogative of the peace officer.
65. Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This
is a prima facie presumption which must be overcome by proof beyond reasonable doubt. This statement
is:
A. Absolutely true; C. Without legal basis;
B. Absolutely false; D. Out of context in the Philippines.
66. It is the means, sanctioned by the Revised Rules of Court, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
A. Motive ; C. Evidence;
B. Fact; D. Proof of crimes.
67. Evidence is ______ when it has the tendency in reason to establish the probability or improbability of
a fact in issue.
A. Accurate ; C. Competent;
B. Relevant; D. Complete.
68. Direct evidence proves the fact in dispute without the aid of any inference or presumption while
______ is the proof of a fact or facts from which, taken either singly or collectively, the existence of the
particular fact in dispute may be inferred as a necessary or probable consequence.
A. Indirect evidence ; C. Proof beyond reasonable doubt;
B. Circumstantial evidence; D. Preponderance of evidence.
69. The evidence is considered positive when the witness affirms that a fact did or did not occur, and
______ when the witness states he did not see or know of the occurrence of a fact.
A. Hearsay ; C. Neutral;
B. Negative; D. Active.
70. What kind of evidence is given by one possessing in regard to a particular subject or department of
human activity or knowledge which is not usually acquired by other persons?
A. Expert evidence; C. Ordinary evidence;
B. Special evidence; D. Cumulative evidence.
71. It is an additional evidence of a different kind and character, tending to prove the same point.
A. Cumulative evidence ; C. Prima facie evidence;
B. Corroborative evidence; D. Ad valorem evidence.
72. Evidence is the means of proof while ______ is the effect of evidence, the establishment of as fact by
evidence. It results as a probative effect of evidence and is the conviction or persuasion of mind resulting
form consideration of the evidence.
A. Motive ; C. Proof;
B. Evidence; D. Value.
73. In evidence, what is the ultimate fact or the facts to be established?
A. Factum lactum ; C. Factum probans.
B. Factum probandum; D. Factum facie.
74. When the evidence consists of writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents, they are called:
A. Material evidence ; C. Testimonial evidence;
B. Documentary evidence; D. Relevant evidence.
75. The oral testimony of the witness tot eh killing as reflected in the stenographic notes is considered:
A. Material evidence; C. Testimonial evidence;
B. documentary evidence; D. Relevant evidence.
76. The cognizance of certain facts which judges may properly take and act on without proof because
they already known them is called:
A. Legal presumption ; C. Factum probandum;
B. Judicial notice; D. Legal history.
77. Generally speaking, matters of judicial notice have three material requisites, except:
A. The matter be common and general knowledge ;
B. The matter must be well and authoritatively settled and not doubtful or uncertain;
C. The matter must be Biblically based;
D. The matter must be known to be within the limits of the jurisdiction of the court.
78. When the subject of inquiry is the contents of a document, no evidence shall be admissible other than
the original document itself. This is the:
A. Originality rule ; C. Parole evidence rule;
B. Best evidence rule; D. Questioned document rule.

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79. When the original of a document is in the custody of a public officer and is recorded in a public
office, its contents may be proved by:
A. A Xerox copy of the original ;
B. A notarized copy of the original;
C. A certified copy issued by the public office in custody thereof;
D. All of these.
80. When the terms of an agreement have been reduced into writing, it is considered as containing all the
terms agreed upon and there can between the parties and their successors–in–interest, no evidence of such
other terms and agreements other than the contents of the written agreement. This is called the:
A. Best evidence rule; C. Pardon evidence rule;
B. Parole evidence rule D. Questioned document rule.
81. Can a deaf and dumb person allowed to testify in court?
A. Yes, in any manner satisfactory to the court ;
B. Yes, by writing or signs through the interpreter;
C. No, never allowed by the rules;
D. Both A and B are correct.
82. The husband or he 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. This
statement is covered under the so–called:
A. Marital privilege rule ; C. Rule on Marriage;
B. Paternity rule; D. Rule on Special Proceedings.
83. Tacio admitted to his lawyer that eh killed Badong. After sometime, the lawyer withdrew his
representation of Tacio. Thereafter, the prosecution wishes to offer the lawyer’s testimony as to the
admission of Tacio to him. Will the testimony of Tacio be presented as evidence?
A. No, the admission was learned during the existence of the attorney–client relationship covered under
privileged communication ;
B. Yes, the lawyer’s withdrawal of representation cuts the attorney–client relationship;
C. Both A and B are correct;
D. It depends upon the prerogative of the court.
84. It is contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to
one already commenced.
A. Agreement ; C. Special arrangement;
B. Compromise; D. Treaty.
85. The act, declaration or omission of a party as to a relevant fact may be given in evidence against him
is called:
A. Declaration; C. Confession;
B. Admission; D. Oral argument.
86. A confession made before a court in which the case is pending and in the course of legal proceedings
therein is called:
A. Judicial confession ; C. Intrajudicial confession;
B. Extrajudicial confession; D. Paralegal confession.
87. A confession is admissible only against the accused who made it and not against his co–accused, for,
as against the latter, the confession would be hearsay and res inter alios acta. This statement is:
A. Correct, as a general rule; C. Incorrect, not allowed by the rules;
B. Sometimes correct D. Sometimes incorrect .
88. Hearsay evidence is that which derives its value, not solely from the credit to be given to the witness
upon the stand, but in part from the veracity and competency of some other persons. Is hearsay evidence
admissible?
A. Absolutely not admissible;
B. No, except in some case like in dying declaration;
C. Absolutely admissible without exception;
D. All of the above are correct.
89. The declaration of a dying person, made under the consciousness of an impending death, may be
received in any case wherein his death is the subject of the inquiry, as evidence of the cause and
surrounding circumstances of such death is called:
A. Oral testament; C. Res gestae;
B. Dying declaration; D. Dead Man’s Statute.
90. These are spontaneous statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect to the circumstances thereof.
A. Dying declaration; C. Res gestae;
B. Dead man’s statute; D. Oral testament.

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91. Alfie was in his room when he overheard Oliver and Arjay talking in the other room. Oliver was
telling Arjay that he had got into a fight in a bar and stabbed REmrick thereafter he ran away to the house
of Arjay. The following day, Alfie learned that Remrick died of the stab wound. Can Alfie testify as to
the statement made by Oliver to Arjay even though he did not personally see Oliver stab Remrick?
A. No, it is hearsay; C. It depends on the judge;
B. Yes, it is part of res gestae; D. No, it is not a dying declaration.
92. As a rule, a witness must confine his testimony to matters within his actual knowledge. He cannot be
asked questions calling for his opinion or conclusion upon facts, which are for the court to make. This is
called:
A. Admissibility test; C. Special arrangement;
B. Invalid questioning; D. Opinion rule.
93. ______ is duty of a party to present evidence on the facts in issue necessary to establish his claim or
defense by the amount of evidence required by law.
A. Proof beyond reasonable doubt; C. Burden of evidence
B. Burden of proof; D. Prima facie case.
94. ______ is defined as “logical necessity which rests on a party at a particular time during a trial to
create a prima facie case in his own favor, or to overthrow one when created against him. “
A. Burden of proof; C. Burden of evidence;
B. Prima facie case; D. Proof beyond reasonable doubt.
95. What is presumption?
A. Knowledge of an event to have occurred;
B. An actual inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known;
C. A chance or probability of the existence of an event;
D. Circumstances surrounding the event.
96. Whenever a party has, by his own declaration, act or omission, intentionally and deliberately led
another to believe a particular thing to be true, and to act upon such belief, he cannot, in any litigation
arising out of such declaration, at or omission, be permitted to falsify it. This is called:
A. Presumptive evidence; C. Estoppel in pais;
B. Morality; D. Falsehood
97. The examination of witnesses presented in a trial or hearing should be done in:
A. Private with the judge, defense and prosecutor;
B. Open court and under oath or affirmation;
C. Speedy manner to beat the time frame specified by law;
D. None of the above is correct.
98. In the order of examination of an individual witness, which one comes first?
A. Cross examination by the opponent;
B. Re direct examination by the proponent;
C. Direct examination by the proponent;
D. Re cross examination by the opponent.
99. If the examination of a witness is made by the party presenting him on the facts relevant to the issue,
it is called:
A. Direct examiantion; C. Re–direct examination
B. Cross examination; D. Re–cross examination
100. In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond
reasonable doubt. What is proof beyond reasonable doubt?
A. the greater weight of evidence against guilt;
B. that degree of proof which produces a conviction in an unprejudiced mind;
C. the greater weight of evidence against innocence;
D. the presumption of innocent unless proved otherwise.

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