COURT TESTIMONY

Arthur murdered Benny. On January 23, 2019 around 10:00 pm, Arthur broke into the room of Benny at the Dormitory of JRMSU, and
using a sharp kitchen knife, he slit the throat of Benny while he was sleeping. Carlos, the room mate of Benny, woke up and saw Arthur
running out of their room and saw Benny already dead on his bed with so much blood on the floor. The dormitory manager, Diego,
saw Arthur enter the room that night. Forensic team concluded that Benny died of a heart attack 7:00pm on the same night.
1. What type of evidence can Diego give?
a. REAL c. IMAGINARY
b. DOCUMENTARY d. TESTMONIAL
2. What type of evidence can Benny give?
a. REAL c. IMAGINARY
b. DOCUMENTARY d. TESTMONIAL
3. What type of evidence can Carlos give?
a. REAL c. IMAGINARY
b. DOCUMENTARY d. TESTMONIAL
4. Simon went to court to state that Diego, the manager, saw Arthur break into Benny’s Room, is it admissible?
a. Yes, because it is testimonial.
b. Yes, because it is a dying declaration.
c. No, because it is hearsay.
d. No, because it is an object evidence.
5. What crime is committed?
a. Impossible Crime
b. Murder
c. Reckless Imprudence Homicide
d. Homicide

During cross examination, Diego was asked, “You are the Dorm Manager, correct?”, “You close the lights before 7pm correct.”
6. Are the questions allowable?
a. No, because they are hearsay.
b. No, because they are leading questions
c. Yes, because leading questions are allowed here.
d. Yes, because there are no rules during cross.
7. If this was done during direct examination, is this allowed?
a. No, because they are hearsay.
b. No, because they are leading questions
c. Yes, because leading questions are allowed here.
d. Yes, because there are no rules during direct.

In the Judicial Affidavit, Diego was asked, “ What do you think Arthur was feeling when he was entering the room?”
8. Is the question allowable?
a. No, because it is asking for an opinion.
b. No, because it is a leading question.
c. Yes, because an opinion on emotional state is allowable.
d. Yes, because Diego is an expert witness.
9. What answer would be the BEST?
a. Arthur looked so angry and quite furious.
b. Arthur acted angrily, he showed such angry actions.
c. Arthur’s eyebrows were meeting and his mouth was clenched.
d. Arthur is angry.

Anna and Bonnard are living together without marriage. They have a son Cardo and daughter Dahlia. On January 23, 2019, Bonnard
was so drunk that when he came home he beat Cardo.
10. Anna wants to testify against Bonnard. Can she?
a. Yes
b. No
c. Yes, if there is proof that Cardo is their legitimate child.
d. No, since Bonnard and Anna are living together.
11. If they are officially married, can Anna testify against Bonnard?
a. Yes
b. No
c. Yes, if there is proof that Cardo is their legitimate child.
d. No, since there is spousal immunity.

Bonnard confessed to a priest that he beat his son.

12. Can the priest testify as to what Bonnard did?
a. No
b. Yes
c. No, because a priest is an officer of the church, not of the government.
 d. Yes, because a priest is not covered by rules of procedure.

Bonnard confided in his lawyer, as to what he has done to Cardo.

13. Can the lawyer testify against Bonnard?
a. No
b. Yes
c. No, because of confidentiality issues
d. Yes, because the confidentiality only covers civil action not crimes.

Bonnard got so angry with Anna that he planned to kill her. Bonnard told his lawyer his plan to do so.
14. Can the lawyer testify against Bonnard?
a. No
b. Yes
c. No, because of attorney-client privilege
d. Yes, because attorney-client privilege does not cover crimes yet to be committed.

Which of the following is Admissible?

15. Statement of Diego that Javier who was dying, and who later died, said that Camila is the one who murdered him.
a. Admissible since it is made in Res Gestae
b. Admissible since it is a dying declaration
c. Admissible since it is not hearsay at all.
d. Admissible for being the truth.
16. Statement that Emma made, while she was running away from Elias who was trying to rape her, that Elias was trying to rape her.
a. Admissible since it is made in Res Gestae
b. Admissible since it is a dying declaration
c. Admissible since it is not hearsay at all.
d. Admissible for being the truth.
17. Statement that Manay Ichu heard Camila say she did not kill Javier while Camila was in prison.
a. Admissible since it is made in Res Gestae
b. Admissible since it is a dying declaration
c. Not admissible since it is hearsay
d. Not admissible for being a lie.
18. Statement by Camila, that his already dead grandfather gave her the entire banana plantation.
a. Not admissible as it violated the rule on Hearsay
b. Not admissible as it violated the rule on Best Evidences
c. Not Admissible as it violation the Dead Man Statute
d. Admissible
19. Statement by Camilla she made to the police, while in prison without a lawyer that she was the one who shot Javier.
a. Not admissible because a confession must be made in the presence of an attorney, when she is under arrest already.
b. Not admissible because a confession must be made in court, not in prison
c. Admissible
d. Admissible since it will shorten the proceedings.
20. Statement made by Fabio, that he caused a fire, while he talked to the media.
a. Admissible, since it will shorten proceedings
b. Admissible because confessions with media men are not protected under the bill of rights.
c. Admissible, because the media are government officers.
d. Not admissible as it violates the bill of rights of persons under custodial investigation/arrest.