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(/criminalprocedurefinalsreviewer2014-docx) CRIMINAL PROCEDURE FINALS REVIEWER 2014.docx (/criminal-procedure-finalsreviewer-2014-docx)

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TRANSCRIPT EVIDENCEIntroduction Definition – the means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truthrespecting a matter of fact. (Rule 128, Sec. 1.Scope of applicability – rules of e!idence shall be the same in all courts and in all trials and hearings,e cept as other#ise pro!ided by la# or these rules. (Rule 128, Sec 2. Notes: The Rules on Evidence apply only when there is going to be a trial. Note that there can be a judgment on pleadings, by confession, consent and compromise etc. IN I!I #$E$. %ere denial inthe answer in a I!I #$E will not present a probandum hence no need for the court to try thecase. $uch general denial will be considered as an admission.In RI%IN# #$E$, &e have to wait until the accused enters a plea. This time a general denial is allowed. If the accused enters a plea of guilty there is no probandum. 'owever in RI%IN# #$E$, the court could still try the case if the case involves a heinous crime.The Rules on evidence are not self(e)ecuting. $o the rule is any evidence submitted will beadmitted so long as there is no objection. This principle is only for the purpose of admissibility. It does not mean that the court will ta*e these irrelevant evidence in evaluating on the merits of thecase. DIFFERENCE IN RULES ON EVIDENCE IN CRIMINAL CASES AND CIVIL CASESBASISCriminal CaseCivil Case $uantum of %roof%roof &eyond Reasonable Doubt%reponderance of e!idenceDenial'eneral Denial llo#ed)ust be Specific Denial*ithdra#al of %lea+dmission*ithdra#n plea is inadmissibleudicial dmission #ithdra#nbecomes an e trajudicialadmission-ross amination inSummary %rocedurepplicable/ot applicable0uiponderance Ruleccused is ac0uitted%arty #ho loses is the one #hohas burden of proof %resence of -ircumstantial!idence)ore than one is re0uiredne suffices%ri!iliged -ommunication Dr.%atient/ot applicablepplicable-ompulsion as a #itness-annot compel accused to be a#itness/o prohibition, rules pro!idesonly limitations Evidentiary rivile!e entitles the pri!ilege holder to #ithhold competent e!idence and, in somecircumstances, to pre!ent others from re!ealing such e!idence. 3he pri!ilege is granted #hen theprotected interest is considered important enough to out#eigh the concern #ith determining thetruth. 3he pri!ilege holder need not be a party to the proceeding in 0uestion. 4nli5e adis0ualification, a pri!ilege can be #ai!ed. %ri!ileges are often intended to preser!e confidentialrelationships. E#ecutive rivile!e members of the e ecuti!e branch of go!ernment cannot legally be forced todisclose their confidential communications #hen such disclosure #ould ad!ersely affect theoperations or procedures of the e ecuti!e branch. FAC$UM Stand out with a website ROBANDUM vs% FAC$UM ROBANS +actum robandum(proposition to be established. The fact-s in issue.+actum robans( materials evidencing the propositionNotes: . In both I!I and RI%IN# cases, the probandum contained in the pleadings could be hlp©2009 Page 1 10/28/2014 1 changed in the pre(trial order. 'owever, with respect to RI%IN# #$E$, the pre(trial order $'/0 1 N/T substantially change the accusation-indictment contained in the Previous post Next post information, otherwisethe case will be dismissed.2. # court can validly try a fact in issue not CH203 Fall 2014 NMR Practice Quiz 1 Clasificacion De Los Materiales.pdf raised in the pleadings or pre(trial order. Rule 3 provides that a fact in issue may be raised Answers.pdf (/Ch203-Fall-2014-Nmr(/Clasificacion-De-Los-Materialeswith the e)press or implied consent of the parties duringthe trial 4#mendment to conform to Practice-Quiz-1-Answers-Pdf) Pdf) evidence56. #scertainment of probandum does not apply in special proceedings. 4i.e. If there Jul 23, 2017 Jul 23, 2017 is a petition for probate of a will, even if there is no opposition the petitioner is still re7uired by law to prove that the will has been duly e)ecuted in accordance with the ivil ode5 EVIDENCE vs% ROOF roof( is the effect of evidence. It is the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the latter.Evidence( is the cause necessary to establish proof. I% Admissi&ility . Rele!ance – 3he e!idence has such a relation to the fact in issue as to induce belief in its e istence or none istence.!idence on collateral matters shall not be allo#ed, e cept #hen it tends in any reasonable degree toestablish the probability or improbability of the fact in issue. (Rule 128, Secs. 6 and 7. ( In conclusion, relevancy is not determined by law nor the rules of court. It is determined purely by /8I. &. -ompetence – 3he e!idence is not e cluded by the la# or the rules (Rule 128, Sec. 6. Do not confuse -)%3/3 *3/SS from -)%3/3 9D/-. 3he -)%3/-: 3S3of e!idence applies to the 3S3)/: of the 0ualified #itness. $ince admissibility of evidence is determined by its relevance and competence, admissibility is therefore an affair of logic and law. /n the other hand, the weight to be given to such evidencedepends on judicial evaluation within the guidelines provided in Rule 66 and the jurisprudence laid down by the court. 4eople vs. Turco, 23335Relevant evidence is one that has any value in reason as tending to prove any matter probable in an action. Evidence is said to be material when it is directed to prove a fact in issue asdetermined by the rules of substantive law and pleadings, while competent evidence is one that isnot e)cluded by law in a particular case. 49autista vs. #parece, ;5 E#clusionary Rules under t'e ()*+ Constitution 1.1Secs. 2 ; 6, rt. – 3he right of the people to be secure in their persons, houses, papers, andeffects against unreasonable searches and seiSec. 6 (7, Rule 162, R- /3S /D ))/3S? 3he human body could be used as e!idence #ithout !iolating theright. )echanical acts #ithout the use of intelligence do not fall #ithin the scope of the protection.Some of the acts #hich are not co!ered by the right of selfincrimination are the follo#ing? a. @ingerprinting, photographing nd paraffin testing, physical e amination. (4.S. !. 3ang, 26%hil. 17AB b. %hysical e amination of a #oman accused of adultery to determine if she is pregnant.(4.S. !. n Suy Con, 6 %hil. =6AE 9illaflor !. Summers, 71 %hil. 2 c. 4ndergoing ultra!iolet rays e amination to determine presence of flourescent po#der onthe hands. (%eople !. 3ranca, 6A SR 7AA d. Subpoena directing go!ernment officials to produce official documents or public records intheir custody. e. @itting the accused foot o!er a foot print, putting on a pair of trousers, etc. 2. Statutory Rules o, E#clusion 2.1Sec. 2F1, /R- – n instrument, document or paper #hich is re0uired by la# to be stamped and#hich has been signed, issued, accepted or transferred #ithout being duly stamped, shall not berecorded, nor shall it or any copy thereof or any record of transfer of the same be admitted orused in e!idence in any court until the re0uisite stamp or stamps shall ha!e been affi ed theretoand cancelled.2.2R.. 72FF (*iretapping ct – Sec. 1. t shall be unla#ful for any person, not being authori the wire or cable of a telephone line. 48aanan vs. I#, ?@5R# <233 e)pressly ma*es tape recordings of tapped conversations inadmissible in evidenceabsent a clear showing that both parties to the phone conversations allowed the recording. 4$alcedo(/rtaAeB vs. #, <5 E-CLUSIONAR. RULES under t'e RULES OF COUR$ 1.&est !idence Rule2.%arole !idence6.Cearsay Rule Wigmore’s Axiom of Admissibility = None but facts having rational probative value are admissible>( GG4S3R3/? In a trial for homicide, the fact is offered that the accused was re7uested, with others, to touch the corpse of themurdered man to see if blood flowed, but that he refused to do soC this is admissible , not becausethe flowing or retention of the blood at the guilty manDs touch would be rationally evidential of hisguilt, but because his refusal to do could constitute a lin* to the chain of evidence necessary to produce a moral conviction of guilt. hlp©2009 Page 3 10/28/2014 3 = #ny fact having rational probative value is admissible, unless some specific rule forbids itsadmission>( GG4S3R3/? In an issue involving forgery, the disposition of the personDs character as to acts of honesty or dishonesty is of some rational probative value towards showing that he did or did not do the actC it is therefore admissible, but this can only be done if the accused stepsforward first and adduces evidence of his good moral character. Irrelevant vs. Incompetent vs. Inadmissible vs. Immaterial Evidence Irrelevant( no probati!e !alueE /o tendency in reason to establish the probability or improbability of a fact in issue. t does not directly relate to a fact in issue. N.9. #ll facts and circumstances which afford reasonable

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EVIDENCE Reviewer Finals - Documents

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