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level: DENTIST AND EVIDENCES

Questions and Answers List

level questions: DENTIST AND EVIDENCES

Question	Answer
who decides if the evidence would be excluded or admitted?	the rules of the court
TRUE OR FALSE: All evidence is admissable in court	FALSE
TRUE OR FALSE: If the evidence was acquired by violating a constitutional right, it will not be admitted as evidence even it could prove and identify the culprit	TRUE
The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding, the truth respecting a matter of fact	Evidence
Signifies those rules of law whereby it is determined what evidence should be admitted and what should be excluded in each case and what is the weight to be given to the evidence admitted	Evidence
KINDS OF EVIDENCE: tends to establish a fact by proving another fact; not considered conclusive itself, but can be connected to a matter of fact	Circumstantial Evidence
KINDS OF EVIDENCE:no solid proof regarding a fact, but another fact is true but is not directly connected to a matter	Circumstantial Evidence
KINDS OF EVIDENCE: Example: hearsay, rumors, testimony	Circumstantial Evidence
TRUE OR FALSE: Circumstantial evidence can stand on its own to prove the issue in question	FALSE
KINDS OF EVIDENCE: Evidence which are not excluded by law as tending to prove a fact in issue	Competent Evidence
KINDS OF EVIDENCE: Anything that can prove a matter of fact is called	Competent Evidence
KINDS OF EVIDENCE: Example: birth certificate, dental health records, etc	Competent Evidence
KINDS OF EVIDENCE: The law does not permit this evidence to be contradicted	Conclusive Evidence
TRUE OR FALSE: No evidence is by law made conclusive unless so declared by statute	TRUE
KINDS OF EVIDENCE: hard to contradict/disprove	Conclusive Evidence
KINDS OF EVIDENCE: Example: 99.9% DNA match	Conclusive Evidence
KINDS OF EVIDENCE: Additional evidence of a different character to the same point	Corroborative Evidence
KINDS OF EVIDENCE: An evidence which supports and confirms	Corroborative Evidence
KINDS OF EVIDENCE: Example: an old picture showing father and son after matching 99.9% DNA test	Corroborative Evidence
KINDS OF EVIDENCE: Additional evidence of the same character to the same point	Cumulative Evidence
KINDS OF EVIDENCE: Example: two different blood tests show paternity match	Cumulative Evidence
KINDS OF EVIDENCE: Proves a fact without and interference or presumption and which in itself, if true, establishes that fact	Direct Evidence
KINDS OF EVIDENCE: Anything that directly proves a matter of fact	Direct Evidence
TRUE OR FALSE: a dead body is direct evidence that that person died	TRUE
KINDS OF EVIDENCE:Testimony given by an expert witness on a matter requiring special skill, knowledge, training, or experience which he is shown to posses	Expert Evidence
KINDS OF EVIDENCE:Not directed to prove a fact in issue as determined by the rules of substantive law and of pleadings	Immaterial Evidence
KINDS OF EVIDENCE:Example: hearsay	Immaterial Evidence
KINDS OF EVIDENCE:Irrelevant to the issue or which is excluded by the rules of evidence	Inadmissible Evidence
KINDS OF EVIDENCE:Example: evidence taken in violation of the Bill of Rights	Inadmissible Evidence
KINDS OF EVIDENCE: you record a conversation and the person you are conversing with admits that they did indeed rape that person in question. You present this record in court saying that the rapist admitted to the crime	Inadmissible Evidence
KINDS OF EVIDENCE:Excluded by law either on ground of its immateriality, irrelevancy, want of credibility, or for any other reason	Incompetent Evidence
KINDS OF EVIDENCE:Example: a testimony that contains hearsay or information outside of the expert’s field	Incompetent Evidence
KINDS OF EVIDENCE:No tendency in reason to establish the probability or improbability of a fact in question	Irrelevant Evidence
KINDS OF EVIDENCE:Not related to the matter of fact	Irrelevant Evidence
KINDS OF EVIDENCE:Any evidence not proving a fact; “out of the blue”	Irrelevant Evidence
TRUE OR FALSE: material evidence that you graduated dentistry is your diploma, TOR, certificate of graduation	TRUE
KINDS OF EVIDENCE:Directed to prove a fact in issue	Material Evidence
KINDS OF EVIDENCE:Proves a particular fact until contradicted and overcome by other evidence	Prima Facie Evidence
KINDS OF EVIDENCE:Not conclusive until proven/disproven	Prima Facie Evidence
TRUE OR FALSE: Prima Facie Evidence that you are the child of your parents is the birth certificate	TRUE
TRUE OR FALSE: Prima Facie Evidence is indisputable	FALSE
KINDS OF EVIDENCE:Directly addressed to the court’s senses as would materially aid the judge to arrive at a proper conclusion as to the truth respecting a matter of fact	Real Evidence
KINDS OF EVIDENCE:A.k.a. visual evidence/object evidence	Real Evidence
TRUE OR FALSE: If you take a photo of a real evidence and print it out it is now considered documentary evidence	TRUE
TRUE OR FALSE: Real evidence may come together with documentary evidence	TRUE
TRUE OR FALSE: A dead body can be considered a REAL, MATERIAL, and RELEVANT evidence	TRUE
KINDS OF EVIDENCE:Having any value in reason as may tend to establish the probability or improbability of a fact in question	Relevant Evidence
KINDS OF EVIDENCE:Is any written or oral statement or declaration of a person respecting a matter of fact sought to be proven	Testimonial Evidence
KINDS OF EVIDENCE:Consist of writing or any material containing letters, words, numbers, figures, symbols, or other modes of written expression offered as proof of their contents	Documentary Evidence
KINDS OF PRESUMPTIONS: a deduction which the law expressly directs to be made from particular facts	PRESUMPTION OF LAW
PRESUMPTION OF A LAW:pagginamit mo ang forged na document kahit hindi ikaw yung nagforge but you used the falsified document, it is presumed na ikaw din nagforge	Conclusive Presumption
PRESUMPTION OF A LAW:99% DNA test	Conclusive Presumption
PRESUMPTION OF A LAW:birth contract	Disputable Presumption
KINDS OF PRESUMPTIONS: pagkumain ka it is a fact na gutom ka, pagtulog ka it is presumed that inaantok ka	PRESUMPTION OF FACT
PRESUMPTION OF LAW: presumption of law that is legally satisfactory and may not be contradicted and overcome by proof to the contrary; facts coming from conclusive evidences	Conclusive Presumption
PRESUMPTION OF LAW: presumption of law that is satisfactory if uncontradicted but may be overcome by other evidence; Prima Facie presumption/evidences	Disputable Presumption
KINDS OF PRESUMPTIONS: a deduction which reason draws from the facts proven without an expressed direction of law to that effect	PRESUMPTION OF FACT
KINDS OF PRESUMPTIONS:Facts that needs to be proven to become an evidence	PRESUMPTION OF FACT
It is offered as a proof of their contents	DOCUMENTARY EVIDENCE
When is a photocopy accepted as evidence?	the original is lost, destroyed, unavailable, or otherwise unobtainable
TRUE OR FALSE: a oral condition in contracts are valid as long as both parties agree	FALSE
TRUE OR FALSE: a friend told you about a person who admitted their crime to your friend and asked you to testify for them. This is permissible	FALSE
TRUE OR FALSE: According to law and psychologists, a person in a consciousness of an impending death they have no opportunity/ avenue to tell a lie	TRUE
TRUE OR FALSE: A person should be dead before you are able to testify a dying declaratiosn	TRUE
means that the original of a document or writing is the best evidence of such document or writing and must be produced unless the original is lost, destroyed, unavailable, or otherwise unobtainable	Best Evidence Rule
substitutionary evidence which becomes admissible, when the best evidence or original document is lost, or destroyed, or cannot be produced in court, or is in the custody of the adverse party	Secondary Evidence
means that parole or oral evidence of prior or contemporaneous agreements is not admissible to modify, or contradict the written agreement; everything not found in the written agreement is not true	Parole Evidence Rule
a witness can testify only to those facts which he knows of his personal knowledge, which are derived from his own perception, except as otherwise provided in the Rules of Court; hearsay has no value	Hearsay Rule
The first exception of the hearsay rule	Dying Declaration
The declaration of a dying person, made under the consciousness of an impending death; His death is the subject of inquiry	Dying Declaration
the source of all information regarding confinement and treatment in a hospital or management in a dental clinic	PATIENT’S CLINICAL RECORD
Except as otherwise provided by law, are all persons who can perceive, and perceiving, can make their known perception to others, may be _______	WITNESSES
Correcting a Handwritten Entry on Patient’s Clinical Record: Draw a ___ through the error	line
Correcting a Handwritten Entry on Patient’s Clinical Record: Insert the correction ___ or immediately ____	above; following
Correcting a Handwritten Entry on Patient’s Clinical Record: In the margin, write____ or ____, your initials, and the date.	“correction”; “Corr.”
TRUE OR FALSE: Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall be grounds of disqualification for witnesses	FALSE
WITNESS: testifies on matters that came to his knowledge through his own senses and testifies on facts	Ordinary witness
WITNESS: gives testimony on matters he knows a lot about; can give an opinion on matters that he has plenty of experience about	expert witness
it is not proper to include assumptions not supported by evidence because you can be _____	countercharged
Malpractice suit where expert witness is not needed	doctrine of res Ipsa loquitur
doctrine of res Ipsa loquitur means	“the thing speaks for itself”
Qualifying a Witness as an Expert:the guiding principle is	"helpfulness to the court”
Qualifying a Witness as an Expert:The only true criterion is:	“can a court receive from him appreciable help?”
any advise or treatment given by him or any information which he may have acquire in attending such patient in a professional capacity	PRIVILEGED COMMUNICATION
Basically equates to patient privacy	PRIVILEGED COMMUNICATION
TRUE OR FALSE: A person authorized to practice medicine, surgery, or obstetrics cannot, in a civil case, without the consent of the patient, be examined as to any advise or treatment given by him or any information which he may have acquire in attending such patient in a professional capacity which would blacken the reputation of the patient	TRUE
privileged communication can be invoked in both civil and criminal cases	FALSE
TRUE OR FALSE: Statements of the patient which are not necessary for his treatment, like, as to who injured him or why he was assaulted, are not included in the privilege	TRUE
TRUE OR FALSE: if the patient dies, privileged communication is null and void	FALSE
TRUE OR FALSE: Privileged communication is not applicable in personal suit injuries, malpractice cases, illegal purposes and legal disclosures	TRUE
JUDICIAL REMEDIES:judgement be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require	Certiorari
JUDICIAL REMEDIES:judgement be rendered commanding the respondeat to desist from the proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require	Prohibition
JUDICIAL REMEDIES:unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office; pay the damages sustained by the petitioner by a reason of the wrongful acts of the respondeat	Mandamus
"JUDICIAL REMEDIES:order granted at any stage of action or proceeding; requiring a party or court, agency or a person to refrain from a particular act or acts	Preliminary Injunction
"JUDICIAL REMEDIES:order granted at any stage of action or proceeding; requiring a party or court, agency or a person to perform a particular act or acts	Preliminary Mandatory Injuction