Criminal Law and Jurisprudence Review Questions
Criminal Law and Jurisprudence Review Questions
Syllabi/Table of Specification
SPECIFIC PROFESSIONAL PRACTICE OUTCOMES FOR THIS SUBJECT:
The registered criminologist can perform the following professional practice outcomes for his/her initial entry into the practice of the profession:
- Apply the principles and jurisprudence of criminal law, evidence, and criminal procedure.
- Internalize the concept of human rights and victim welfare.
- Demonstrate competence and broad understanding of law enforcement, public safety, and criminal justice.
- Effectively communicate orally and in writing using both English and Filipino.
- Act in recognition of professional, social, and ethical responsibility.
Which of the following is true about the principle of "double jeopardy" in Philippine criminal law?
A. It allows for multiple trials for the same offense
B. It prohibits multiple trials for the same offense
C. It applies only to serious offenses
D. It applies only to civil cases
Answer: It prohibits multiple trials for the same offense
Which of the following is NOT a category of penalties in the Revised Penal Code of the Philippines?
A. Afflictive penalties
B. Correctional penalties
C. Perpetual penalties
D. Light penalties
Answer: Perpetual penalties
Which term refers to the process of settling a criminal case without a trial?
A. Conviction
B. Acquittal
C. Plea bargaining
D. Sentencing
Answer: Plea bargaining
What does the principle of "presumption of innocence" mean?
A. The accused is presumed guilty until proven innocent
B. The accused is presumed innocent until proven guilty
C. The accused must prove their guilt
D. The burden of proof lies with the prosecution
Answer: The accused is presumed innocent until proven guilty
In criminal law, what is the age of criminal responsibility in the Philippines?
A. 12 years old
B. 15 years old
C. 18 years old
D. 21 years old
Answer: 15 years old
Berto, with evident premeditation and treachery, killed his father. What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
Answer: B
Police Corporal Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Bitoy kept an unlicensed firearm in his home. What was the crime committed by Police Corporal Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
Answer: B
Charlie and Lea had been married for more than 6 months. They live together with the children of Lea from her first husband. Charlie had a sexual relationship with Jane, the 14-year-old daughter of Lea. Jane loves Charlie very much. What was the crime committed by Charlie?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
Answer: B - An old question, under present law, having sexual intercourse with a woman 16 years and below is statutory rape.
Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following day, Lito slapped Prof. Jose in the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
Answer: Direct Assault
A warrant of arrest was issued against Fred for the killing of his parents. When Patrolman Tapang tried to arrest him, Fred gave him 1 million pesos to set him free. Patrolman Tapang refrained from arresting Fred. What was the crime committed by Patrolman Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery
Answer: D. Qualified Bribery
Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death?
A. Parol Evidence
B. Ante mortem statement
C. Suicide note
D. Dead man statute
Answer: Deadman statute
Factum probans means __.
A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence
Answer: C
It refers to family history or descent transmitted from one generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture
Answer: C
The authority of the court to take cognizance of the case in the first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
Answer: C
A person designated by the court to assist destitute litigants.
A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel
Answer: A
Which of the following is not covered by the Rules on Summary Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment
Answer: C
It refers to a territorial unit where the power of the court is to be exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench
Answer: C
It is known as the Anti-Bouncing Check Law.
A. RA 6425
B. RA 8353
C. BP 22
D. RA 6975
Answer: C
The taking of another person’s personal property, with intent to gain, using force or intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief
Answer: B
A felony committed when a person compels another using force, violence, or intimidation to do something against his will, whether right or wrong.
A. grave threat
B. grave coercion
C. direct assault
D. slander by deed
Answer: B
These are persons having no apparent means of subsistence but have the physical ability to work and neglect to apply themselves to a lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants
Answer: D
A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal
Answer: B
The unauthorized act of a public officer who compels another person to change his residence.
A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault
Answer: C
The deprivation by a private person of the liberty of another person without legal grounds.
A. illegal detention
B. arbitrary detention
C. forcible abduction
D. forcible detention
Answer: A
An offense committed by a married woman through carnal knowledge with a man, not her husband who knows her to be married, although the marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality
Answer: C
Age of absolute irresponsibility in the commission of a crime.
A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old
Answer: C - an old question. Republic Act No. 9344 increased the age of absolute criminal irresponsibility from nine (9) years of age to fifteen (15) years of age.
Those who, not being principals cooperate in the execution of the offense by previous or simultaneous acts.
A. Accomplices
B. Suspects
C. principal actors
D. accessories
Answer: A
The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time is fixed by law.
A. prescription of the crime
B. prescription of prosecution
C. prescription of judgment
D. prescription of penalty
Answer: D
A kind of executive clemency whereby the execution of a penalty is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve
Answer: D
Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes
Answer: A
Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with the discharge of his public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery
Answer: B
The willful and corrupt assertion of falsehood under oath or affirmation, administered by the authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander
Answer: C
Deliberate planning of act before execution.
A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
Answer: B
Whenever more than 3 armed malefactors shall have acted together in the commission of a crime.
A. gang
B. conspiracy
C. band
D. piracy
Answer: C
The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act
Answer: C
Ways and means are employed to trap and capture the lawbreaker in the execution of his criminal plan.
A. misfeasance
B. entrapment
C. inducement
D. instigation
Answer: B
When the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. Complex Crimes
Answer: C
One of the following is an alternative circumstance.
A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation
Answer: B
If the accused refuses to plead or make a conditional plea of guilty, what shall be entered for him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender
Answer: A
At what time may the accused move to quash the complaint or information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
Answer: C
The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial
Answer: B
The security given for the release of a person in custody, furnished by him or a bondsman, is conditioned upon his appearance before any court as required under the conditions specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant
Answer: C
The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, to determine such issues.
A. Trial
B. Arraignment
C. pre-trial
D. judgment
Answer: A
The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability, if any.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment
Answer: D
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that an offense has been committed and the offender is probably guilty thereof and should be held for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining
Answer: C
It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
Answer: C
It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
Answer: B
A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
Answer: A
When the witness states that he did not see or know the occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence
Answer: D
Personal property that can be subject to search and seizure.
A. used or intended to be used as a means of committing an offense
B. stolen or embezzled and other proceeds or fruits of the offense
C. subject of the offense
D. all of the above
Answer: D
All persons who can perceive and perceiving can make known their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers
Answer: B
The unlawful destruction or the bringing forth prematurely, of a human fetus before the natural time of birth which results in death.
A. abortion
B. infanticide
C. murder
D. parricide
Answer: A
Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons not organized into groups and the parties responsible cannot be ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray
Answer: D
A question arises in a case the resolution of which is the logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.
A. legal question
B. juridical question
C. prejudicial question
D. judicial question
Answer: C
The RPC was based on the
A. Spanish penal code
B. English penal code
C. American penal code
D. Japanese penal code
Answer: A
An act or omission which is a result of a misapprehension of facts that are voluntary but not intentional.
A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime
Answer: B
Infanticide is committed by killing a child not more than….
A. 36 hours
B. 24 hours
C. 48 hours
D. 72 hours
Answer: D
Ignorance of the law excuses no one from compliance therewith.
A. ignorantia legis non excusat
B. parens patriae
C. res ipsa loquitur
D. dura lex sed lex
Answer: A
An act that would be an offense against persons or property if it was not for the inherent impossibility of its accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime
Answer: B
One who is deprived completely of reason or discernment and freedom of the will at the time of the commission of the crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility
Answer: D
The quality by which an act may be subscribed to a person as its owner or author.
A. responsibility
B. duty
C. guilt
D. immutability
Answer: D
Something that happens outside the sway of our will, and although it comes about through some acts of our will, lies beyond the bounds of humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny
Answer: C
A 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. subpoena
B. information
C. complaint
D. writ
Answer: C
This right of the accused is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can the conviction of an innocent person.
A. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination
Answer: B
Known in other countries as the body of principles, practices, usages, and rules of action that are not recognized in our country.
A. penal laws
B. special laws
C. common laws
D. statutory laws
Answer: C
Circumstances wherein there is an absence in the agent of the crime of any of all the conditions that would make an act voluntary and hence, though there is no criminal liability there is civil liability.
A. Exempting
B. alternative
C. justifying
D. aggravating
Answer: A
Circumstances wherein the acts of the person are by the law, and hence, he incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating
Answer: C
When the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism
Answer: B
One, who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
A. recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism
Answer: A
Alevosia means
A. Craft
B. treachery
C. evident premeditation
D. cruelty
Answer: B
The law which hears before it condemns, proceeds upon inquiry, and renders judgment after a fair trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law
Answer: D
A person, if within 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa, or falsification, he is found guilty of any of the said crimes a third time or oftener.
A. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal
Answer: C
A kind of evidence that cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
Answer: D
These questions suggest to the witness the answers that which an examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay
Answer: A
A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and or their punishment in case of conviction
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence
Answer: C
Defined as that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred.
A. Immediate Cause
B. Concurrent Cause
C. Sufficient Cause
D. Proximate Cause
Answer: Proximate Cause
The period of prescription of crimes punishable by death.
A. 20 years
B. 15 years
C. 10 years
D. 40 years
Answer: A
Persons who take direct part in the execution of a crime.
A. Accomplices
B. Accessories
C. Instigators
D. Principals
Answer: D
A crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person.
A. libel
B. slander by deed
C. incriminating innocent person
D. intriguing against honor
Answer: B
The improper performance of some act which might lawfully be done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction
Answer: B
A sworn statement in writing, made upon oath before a notary public or authorized officer.
A. subpoena
B. writ
C. warrant
D. affidavit
Answer: D
Any other name which a person publicly applies to himself without the authority of law.
A. alias
B. common name
C. fictitious name
D. screen name
Answer: C
A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari
Answer: quasi-recidivism
Which of the following is not a person in authority?
A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor
Answer: Police Officer
In its general sense, it is the raising of commotions or disturbances in the State.
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat
Answer: Sedition
The length of validity of a search warrant from its date.
A. 30 days
B. 15 days
C. 10 days
D. 60 days
Answer: 10 days
The detention of a person without legal grounds by a public officer or employee.
A. illegal detention
B. arbitrary detention
C. compulsory detention
D. unauthorized detention
Answer: arbitrary detention
A breach of allegiance to a government, committed by a person who owes allegiance to it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat
Answer: Treason
A building or structure, exclusively used for rest and comfort.
A. sanctuary
B. prison
C. jail
D. dwelling
Answer: D
The mental capacity to understand the difference between right and wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment
Answer: D
Conspiracy to commit this felony is punishable under the law.
A. Estafa
B. Murder
C. Rebellion
D. Rape
Answer: C
It means that the resulting injury is greater than that which is intended.
A. Aberratio ictus
B. Error in personae
C. Dura Lex Sed lex
D. Praeter Intentionem
Answer: D
It means a mistake in the blow.
A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
D. Praeter Intentionem
Answer: A
A stage of execution when all the elements necessary for its execution and accomplishment are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished
Answer: C
An act or omission that is the result of a misapprehension of facts that are voluntary but not intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony
Answer: B
Felonies where the acts or omissions of the offender are malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable
Answer: B
It indicates a deficiency of perception.
A. Negligence
B. Diligence
C. Imprudence
D. Inference
Answer: A
Acts and omissions punishable by special penal laws.
A. Offenses
B. Misdemeanors
C. Felonies
D. Ordinances
Answer: A
A characteristic of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive
Answer: A
A legislative act that inflicts punishment without a judicial trial.
A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law
Answer: A
The taking of a person into custody in order that he may be bound to answer for the commission of an offense.
A. Search
B. Seizure
C. Arrest
D. Detention
Answer: C
Pedro stole Juan's cow. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft
Answer: C
Pedro, a 19-year-old man had sexual intercourse with her 15 year old girlfriend without threat, force, or intimidation. What is the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these
Answer: C
The authority of the court to take cognizance of the case in the first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
Answer: Original Jurisdiction
The following are the characteristics of the Mala in Se, except.
A. Generally violated the RPC.
B. Generally violated the Special Laws.
C. Wrong from its very nature
D. Criminal intent is an element
Answer: B
The Philippine penal law is based on this theory which states that heinous crimes should be dealt with in a classical manner.
A. Utilitarian Theory
B. Positivist Theory
C. Eclectic/Mixed Theory
D. None of these
Answer: C
This principle dictates that when the evidence of the prosecution and defense are equally balanced, the scale should be titled in favor of the accused in obedience to the constitutional presumption of innocence.
A. Equipoise Rule
B. Positioning Theory
C. Acquittal Doctrine
D. Prospectivity
Answer: A
It is the jurisdiction exercised over maritime and interior waters.
A. Terrestrial Jurisdiction
B. Fluvial Jurisdiction
C. Aerial Jurisdiction
D. Extraterritorial
Answer: B
The following describes the Ex post Facto Law, except.
A. Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act.
B. Aggravates a crime, or makes it greater than it was when committed.
C. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed
D. Entitled the person accused of proclamation of amnesty
Answer: D
When is evidence admissible?
a. Evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules.
b. Evidence is admissible upon expert testimony
c. Evidence is admissible if the suspect is convicted.
d. Evidence is admissible if the police apprehended the criminal.
Answer: B
When the evidence is not excluded by law or the rules in a particular case, it is considered?
a. Direct Evidence
b. Expert Evidence
c. Conclusive Evidence
d. Competent Evidence
Answer: D
Under the Best Evidence Rule, the following are the subject of inquiry on the contents of a document, and no evidence
shall be admissible other than the original document itself, except.
a. Lost or destroyed without bad faith.
b. When the original is a public record in the custody of a public officer
c. When the original consists of numerous accounts which cannot be examined in court without great loss of time
d. When the original document is in custody that retrieval is impossible.
Answer: D
It is the Latin term for Burden of Proof.
a. Onus probandi
b. Onus probandi incumbit ei qui dicit, non ei qui negat
c. Onnus Probandi incumbit
d. Prabandi animos
Answer: A
The circumstantial evidence is sufficient for conviction in the following cases, except.
a. There is more than one circumstance.
b. The series of events were relevant and convincing.
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt
d. The facts from which the inferences are proven.
Answer: B
One of the following is an essential element of the crime of Parricide.
a. Status
b. Age
c. Blood
d. Relationship
Answer: D
In a criminal trial, which party has the burden of proving the guilt of the accused beyond a reasonable doubt?
A. The accused
B. The prosecution
C. The defense
D. The judge
Answer: B
What is the "Writ of Habeas Corpus* used for in criminal procedure?
A. To prevent a person from being tried for the same crime twice
B. To request a higher court to review a lower court's decision
C. To challenge the constitutionality of a law
D. To challenge the legality of a person's detention or imprisonment
Answer: D
Which of the following is NOT a ground for the dismissal of a criminal case during the pre-trial stage?
A. Lack of probable cause
B. Failure to prosecute
C. Compromise between the parties
D. Violation of the accused's rights to a speedy trial
Answer: A
It is the doctrine that, when the court has once laid a principle of law as applicable to a certain state of facts it will adhere to that principle and apply it to all future cases?
A. Stare decisis
B. Fallo
C. Obiter dictum
D. Per curiam decision
Answer: A
It is the authority to hear and determine a cause - the right to act in a case?
A. Criminal Jurisdiction
B. Venue
C. Jurisdiction
D. Complaint
Answer: C
It is the intentional throwing of cargo to save the vessel?
A. Jettison
B. Restitution
C. Salvage
D. Indemnification
Answer: A
What is the legislation that addresses the pranking of bomb-related jokes and threats?
A. PD. 1727
B. PD. 1829
C. RA. 6981
D. RA. 11479
Answer: A
It is one of the characteristics of criminal law where it is binding on all persons who live or sojourn in the Philippines?
A. Territoriality
B. Prospectivity
C. Generality
D. Common Law Crimes
Answer: A
Which of the following is true about the principle of "double jeopardy" in Philippine criminal law?
a. It allows for multiple trials for the same offense
b. It prohibits multiple trials for the same offense
c. It applies only to serious offenses
d. It applies only to civil cases
Answer: B
Which of the following is NOT a category of penalties in the Revised Penal Code of the Philippines?
a. Afflictive penalties
b. Correctional penalties
c. Perpetual penalties
d. Light penalties
Answer: C
Which term refers to the process of settling a criminal case without a trial?
a. Conviction
b. Acquittal
c. Plea bargaining
d. Sentencing
Answer: C
What does the principle of "presumption of innocence" mean?
a. The accused is presumed guilty until proven innocent
b. The accused is presumed innocent until proven guilty
c. The accused must prove their guilt
d. The burden of proof lies with the prosecution
Answer: B
In Criminal Law, what is the age of criminal responsibility in the Philippines?
a. 12 years old
b. 15 years old
c. 18 years old
d. 21 years old
Answer: B
What does the Latin term "Mens Rea" refer to in criminology?
a. A criminal act
b. The principle of strict liability
c. Guilty mind or criminal intent
d. Self-defense
Answer: C
What does "Res ipsa loquitur" mean in criminology?
a. The burden of proof in a criminal trial
b. The doctrine of double jeopardy
c. The criminal statute of limitations
d. The thing speaks for itself, implying negligence without direct evidence
Answer: D
"Nolle prosequi" is a legal term indicating:
a. A not guilty plea in court
b. The prosecution's decision not to proceed with a case
c. A court order to arrest a suspect
d. A form of punishment for minor
Answer: B
In criminology, what does "cui bono" mean?
a. A type of plea bargain in criminal trials
b. The act of searching a suspect's home without a warrant
c. The principle of double jeopardy
d. The question of "who benefits? when investigating a crime
Answer: D
What Latin term is used to refer to a legal principle that states that no person shall be held criminally accountable for an act that was not prohibited by law at the time it was committed?
a. Mens rea
b. Actus reus
c. Nulla poena sine lege
d. Res ipsa loquitur
Answer: C
Proof needed to convict a person in a criminal case?
a. Preponderance of evidence
b. Proof beyond reasonable doubt
c. Substantial evidence
d. Administrative evidence
Answer: B
The authority of the court to take cognizance of a case in the first instance is known as:
A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction
Answer: A
“A” stabbed “B”. “A” brought “B” to a hospital for medical treatment. Had it not been for the timely medical attendance. “B” would have died. This is a case of
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony
Answer: D
A person undergoing criminal investigation enjoys his three constitutional rights such as
A. the right to oppose whatever the accusation on him
B. the right to plea guilty and not guilty
C. the right to oppose whatever accusation on him based on his constitutional right
D. the right to remain silent, the right to counsel, the right to be informed of the nature of the accusation
Answer: D
It is the coordinating machinery in the operation of the criminal justice system.
A. Department of Justice
B. Peace and Order Council
C. Court
D. Municipal Government
Answer: D
Evidence is admissible when it is relevant to the issue and is not excluded by the rules on
A. Real evidence
B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence
Answer: D
What is the sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other employee of the government or government institution in charge of the enforcement or execution of the law violated?
A. Deposition
B. Complaint
C. Police blotter
D. Information
Answer: B
What should be conducted in order to determine whether a case falls under the jurisdiction of the Regional Trial Court?
A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure
Answer: C
“A” wanted to kill “C”. The former pointed his gun at the latter. As “A” pressed the trigger, the gun jammed, and “C” managed to escape. This is an example of:
A. frustrated felony
B. attempted felony
C. consummated and frustrated
D. consummated felony
Answer: B
For offenses falling under the jurisdiction of Municipal Trial Courts and Municipal Circuit trial courts, the prosecution is instituted
A. By filling a complaint with the Regional Trial Court
B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the municipality
D. By filling a complaint with the fiscal for preliminary investigation
Answer: B
The place of trial for a criminal action is
A. territory
B. action
C. jurisdiction
D. venue
Answer: D
The primary purpose of bail is
A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused
Answer: D
The intervention of the offended party in the criminal action is not allowed in the following instances EXCEPT:
A. when he has not waived the civil action
B. when he has filed the civil action ahead of the criminal
C. when he has expressly reserved the right to institute the civil action separately
D. when he has waived the civil action
Answer: B
Crimes where some acts material and essential to the crimes and requisite to their commission occur in one municipality or territory and some acts are done in another place.
A. local action
B. continuing offense
C. transitory offense
D. none of these
Answer: C
How do you determine jurisdiction over a continuing crime?
Answer: The courts of the territories where the essential ingredients of the crime took place have CONCURRENT JURISDICTION but the court that first acquires jurisdiction excludes the other courts.