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    Midterm Exam - Practice Court

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    Grace Aquino
    If an accused is discharged as a state witness, the effects would be: (1) They are no longer considered an accused in the case; (2) They may be compelled to testify in the case as a witness for the prosecution; and (3) They receive immunity from prosecution for the offense they testify about.

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    Midterm Exam - Practice Court

    Uploaded by

    Grace Aquino
    352 views2 pages
    If an accused is discharged as a state witness, the effects would be: (1) They are no longer considered an accused in the case; (2) They may be compelled to testify in the case as a witness for the prosecution; and (3) They receive immunity from prosecution for the offense they testify about.

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    Practice Court

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    If an accused is discharged as a state witness, the effects would be: (1) They are no longer considered an accused in the case; (2) They may be compelled to testify in the case as a witness for the prosecution; and (3) They receive immunity from prosecution for the offense they testify about.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    352 views2 pages

    Midterm Exam - Practice Court

    Uploaded by

    Grace Aquino
    If an accused is discharged as a state witness, the effects would be: (1) They are no longer considered an accused in the case; (2) They may be compelled to testify in the case as a witness for the prosecution; and (3) They receive immunity from prosecution for the offense they testify about.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CLJ 5 - PRACTICE COURT

    MIDTERM EXAMINATION

    NAME: ______________________________________ DATE: _______________________

    I. ESSAY. Answer concisely and briefly. 5 points

    1. If an accused is discharged as a state witness, what would be the effects?

    MULTIPLE CHOICE. Choose the best answer. Write it before the number.

    _____ 1. It is promulgated by reading it in the presence of the accused and any judge of the court in which it is rendered.
    a. Judgment b. Trial c. Pre-trial d. All are correct

    _____ 2. The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for
    their punishment, in case of conviction.
    a. Criminal evidence c. Criminal Procedure
    b. Evidence d. Rules of Court

    _____ 3. The authority to hear and try a particular offense and impose the punishment for it.
    a. Apprehension c. Examination
    b. Jurisdiction d. A and C

    _____ 4. When is preliminary investigation required?


    a. For offenses where the penalty prescribes is at least 4 years, 2 months, 1 day
    b. For offenses where the penalty prescribes is at least 6 years
    c. For offenses where the penalty prescribes is not more than 4 years, 2 months, 1 day
    d. All are correct

    _____ 5. What is the effect of the filing of a criminal action on the period of prescription of offenses?
    a. There is no effect and prescriptive period shall continue.
    b. It interrupts the running of the prescriptive period of the offense unless otherwise provided by law.
    c. There is an automatic filling of an information by the prosecution.
    d. None is correct.

    _____ 6. Who may file a complaint?


    a. Offended party c. Any peace officer
    b. Accused d. A and C

    _____ 7. Who must prosecute criminal actions?


    a. Public prosecutor b. Private Prosecutor c. Lawyer d. All are correct

    _____ 8. What is the rule on duplicity of offense?


    a. A complaint or information may be charged more than one offense.
    b. A complaint or information must charge only one offense.
    c. All complaint or information need not charged any offense for as long as there is accused.
    d. All are correct.

    _____ 9. In a criminal action, when is civil action not deemed instituted?


    a. When the offended party waives the civil action.
    b. When the offended party reserves his right to institute a separate civil action.
    c. When the offended party has already previously instituted the civil action prior to the criminal action.
    d. All of the above.

    _____ 10. It is one which arises in a case, the resolution of which is a logical antecedent of the issue involved therein and the cognizance of
    which pertains in another tribunal.
    a. Searching inquiry c. Prejudicial question
    b. Preliminary investigation d. None is correct

    _____ 11. Who may conduct a preliminary investigation?


    a. Provincial or city fiscals and their assistants
    b. National and regional state prosecutors
    c. Such other officers as may be authorized by law
    d. All are correct

    _____ 12. The legal process issued by competent authority, directing the arrest of a person or persons upon grounds stated therein.
    a. Search warrant b. Warrant of Arrest c. Trial d. All are correct

    _____ 13. What is the nature of the right to bail?


    a. It is constitutional right. c. It is a statutory right.
    b. It is waivable. d. A and B

    _____ 14. When is bail a matter of right?


    a. Before or after conviction by the MTC.
    b. Before conviction by the RTC of an offense not punishable by reclusion perpetua, life imprisonment or death.
    c. Before conviction by the RTC when the imposable penalty is reclusion perpetua, life imprisonment or death, when the evidence of
    guilt is not strong.
    d. All of the above.

    _____ 15. What is the purpose of arraignment?


    a. To inform the accused of the nature of the accusation against him.
    b. To promulgate the decision for the accused.
    c. A and B
    d. None is correct

    _____ 16. What should the court do when the accused pleads guilty to a capital offense?
    a. Proceed with the trial. c. Conduct a searching inquiry.
    b. Render the decision right away. d. All are correct.

    _____ 16. It is a plea of guilty made without proper advice or recklessly entered by the accused without comprehending its seriousness and
    consequences.
    a. Improvident plea of guilt c. Motion to quash
    b. Demurrer to evidence d. None is correct

    _____ 17. Which one is not a ground for motion to quash?


    a. That the facts charged do not constitute an offense?
    b. That the court has no jurisdiction over the offense charged.
    c. That the court has no jurisdiction over the person of the accused.
    d. None is correct.

    _____ 18. It is when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other matter
    without the express consent of the accused, the latter cannot again be charged with the same or identical offense.
    a. Ex post facto law b. Bill of attainder c. Motion to quash d. Double jeopardy

    _____ 18. When is the presence of the accused required?


    a. During arraignment
    b. During trial, when ordered by the court for the purpose of his identification
    c. In the promulgation of the sentence except when the conviction is for light offense
    d. All of the above

    _____ 19. It is motion to dismiss based on insufficiency of evidence.


    a. Motion to Prohibition b. Injunction
    c. Demurrer to evidence d. Double jeopardy

    _____ 20. When does judgment become final?


    a. When the period for perfecting an appeal has lapsed
    b. When the sentence is partially or totally satisfied or served
    c. When the accused applies for probation
    d. All are correct

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