Remedial Law Mcq | Evidence | Evidence (Law)

REMEDIAL LAW 1.

A person who possesses a thing and holds no interest over it, in case of conflicting claimants, may file before the court… a. Motion to Dismiss b. Petition for Intervention c. Interpleader d. Petition for Preliminary Injunction 2. A document, unblemished and unaltered in its face, needs no further proof as to its authenticity when… a. It is more than thirty years old b. When there is no substantial alterations or marking which would make ambiguous the provision contained in the document c. Several witnesses attest to its authenticity d. It is duly signed by the authors or maker of said document and the signature has been found by experts to be genuine 3. The burden of evidence is… a. Presumed by law b. Established by the allegation in the complaint c. At all times on the party imputing an allegation d. Determined by the progress of the case 4. A public record which is admissible in evidence… a. May be requested by the party using the record from the officer with legal custody of it b. May be attested to by summoning to court the officer with legal custody of the document c. Must not be removed from the office in which it is kept, except upon order of a court d. None of the above 5. Evidence, whether documentary, object or testimonial should be offered after the presentation of the party’s evidences. a. True b. False c. It depends upon the progress of the case and the discretion of the court d. None of the above 6. In extrajudicial settlement of estates, the court which has jurisdiction is… a. The court where the decedent is domiciled b. The court where the decedent died c. The court where the decedent has properties d. None of the above

the proper action is… a. Motion for new trial d. The estate has been liquidated and the creditors paid c. The court disallows the will d. The following are instances when court may appoint an administrator in testate proceedings except: a. The preterited heirs c. After the plaintiff has completed the presentation of his evidence.7. Demurrer to evidence c. Any other person interested in the estate d. The executor b. Motion for bill of particulars . The executor is a creditor of the decedent 10. Motion to dismiss b. The following persons may petition the court for the allowance of a will except: a. The final accounting of the estate is submitted and approved by the court d. The estate has been duly distributed between the heirs b. The will is disallowed by the court 8. There is no executor named in the will b. None of the above 9. The duty of the executor or administrator is ended when… a. or when the defendant has no defense. and when the facts and law show that he has no right to relief. The executor named is incompetent c.

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