PUL445 TMA

Q1 Which of the following is a category of the burden of proof
legal burden of proof
indirect evidence
none of the options
all the options

Q2 Which section of the Evidence Act provides for burden of proof In civil proceedings
section 133
section 10
all the options
none of the options

Q3 In ________ it was held that a person under a sentence of death was a competent witness.
R V Omisade
Falaju V Amosu
R v Onyuike
Ajide V Kelani

Q4 In ________ it was held that the defendant’s failure to reply a letter from Plaintiff asking him to fulfill such promises was held not to be an admission.
Akinbiyi V Anike
Oloko V Oloko
Bessela V Stern
Wiedeman V Walpole

Q5 Failure to cross-examine a witness as to the accuracy of the list she presented was an admission that it was correct. This was decided in ______
Akinbiyi V Anike
Oloko V Oloko
Bessela V Stern
Wiedeman V Walpole

Q6 A cnfession that is voluntary does not become inadmissible because the Judges rules are not followed
True
false
all the options
none of the options

Q7 Judges Rule are mere administratve direction
false
true
all the options
none of the options

Q8 What is the purpose of the Judges Rule
to guide the Court
to guide those who investigate crime
all the options
none of the options

Q9 Which of the following burden of roof is an obligation on a party in respect of a prticular fact in issue
evidencial burden o proof
legal urden of proof
all the options
none of th options

Q10 Burden of proof includes any of the foowing –
burden of persuasion
burden of production
all the options
none of the options

Q11 Burden of proof is sometimes called –
relevancy
onus probandi
all the options
None of the options

Q12 Judges Rule does not have force of law.
True
false
all the options
none of the above

Q13 Which section of the Evidence Act provides standard of proof In civil proceedings
Section 150
section 134
all the options
none of the options

Q14 Whch section of the Evidence Act provides for how to determine on whom the burden of proof lies-
Section 140
section 132
section 15
none of the options

Q15 Presumption o innocence is a cnstitutionally secured
True
false
partly true
all the options

Q16 Publication having been alleged in the Statement of Claim and not specifically denied. It was not necessary for the plaintiff to adduce evidence to prove this fact at the trial. This was decided in _________
Economide V Thormopolous
Nwizuke V Eneyoke
R V Agbana
None of the options

Q17 Facts alleged positively in a pleading must be taking as admission by the party alleging them. This was decided in the case of______
Din V West African Newspaper
Economide V Thormopolous
Ajide V Kelani
Udofia V Afia

Q18 In the case __________ admission was defined as any statement, oral or written, express or implied which is made by a party to the proceeding and which statement is adverse to his case.
Williams V West Africa Pilot
Ogunnaike V Ojayemi
Bello V A. G. Oyo
Ajide V Kelani

Q19 A fact is proved when when the court is satisfied as to its truth
false
true
all the options
none of the options

Q20 Judges rules were formulated by court Judges
True
partly true
False
all the options

Q21 Opinions at to usages, tenets, are relevant when the court has to form an opinion as to any of the following except
the constitution and government of any religious or charitable foundation
the usages and tenets of any body of men or family
the meaning of words or terms used in particular districts or particular classes of people
Exisiting Judgment of a superior court of record

Q22 Section …….. of the Evidence Act provides for the contents of an Affidavit.
99
201
86
68

Q23 Which of the following Sections of the Evidence Act, 2011, relates to the definition of Hearsay
4
38
77
84

Q24 A presumption may be any of the following except
presumption of law
irredeemable presumption
presumption of fact
none of the above

Q25 Section ……. of the Evidence Act relates to Computer generated evidence.
84
97
12
60

Q26 ___________ is a fact that is raised by the pleadings directly and is necessary to be determined by the decision so that it will become res judicata
Relevancy
Admissibility
Fact in issue
none of the above

Q27 Section ?��?��?.. Provides that oral evidence must be direct
76
77
86
none of the above

Q28 The Maxim ‘reps ipsa loquitur’ means
facts are to be corroborated
the facts speak for itself
the court would ignore law for facts
equity and law are one and the same

Q29 Any document that is at least ____ years old does not require proof of validity.
40
22
25
20

Q30 Opinions at to usages, tenets, are relevant when the court has to form an opinion as to any of the following except
the constitution and government of any religious or charitable foundation
the usages and tenets of any body of men or family
the meaning of words or terms used in particular districts or particular classes of people
Exisiting Judgment of a superior court of record

Q31 Section …….. of the Evidence Act provides for the contents of an Affidavit.
99
201
86
68

Q32 Which of the following Sections of the Evidence Act, 2011, relates to the definition of Hearsay
4
38
77
84

Q33 A presumption may be any of the following except
presumption of law
irredeemable presumption
presumption of fact
none of the above

Q34 Section ……. of the Evidence Act relates to Computer generated evidence.
84
97
12
60

Q35 ___________ is a fact that is raised by the pleadings directly and is necessary to be determined by the decision so that it will become res judicata
Relevancy
Admissibility
Fact in issue
none of the above

Q36 Section ?��?��?.. Provides that oral evidence must be direct
76
77
86
none of the above

Q37 The Maxim ‘reps ipsa loquitur’ means
facts are to be corroborated
the facts speak for itself
the court would ignore law for facts
equity and law are one and the same

Q38 Any document that is at least ____ years old does not require proof of validity.
40
22
25
20

Q39 ____________ constitutes the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not.
Admissibility
Relevancy
Nexus
Connection

Q40 Which of the following Sections of the Evidence Act, 2011, relates to the admissibility of computer generated evidence
117
115
116
84

Q41 ?��?��?��?��?��?��?. is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and in any of the circumstances defined in the Evidence Act.
Proof
Confession
Admission
none of the above

Q42 The court will take judicial notice of the following except,?��?��?��?��?��?..
Matters of Public law
Public currency and coins
Wars in which the country is or has been involved.
none of the above

Q43 ?��?��?��?��?��?��?��?��?��? is an acceptance by court of the truth of a fact without proof on the ground that it is within the court??s own knowledge or not being out of professional knowledge of the judge himself.
Consistent fact
Judicial notice
Judicial know how
Judge knowledge

Q44 when it is shown that a person acted in a public capacity, it is presumed that he had been duly appointed and was entitled so to act. This rule is known as
The presumption of competence
The presumption of capacity
The presumption of regularity
none of the above

Q45 A fact is not proved if it is neither proved nor disproved. True or False
true
false
both a and b
none of the above

Q46 One of the criteria for the admissibility of res gestae is that it must be ?��?��?��?��?.
Complementary
Consistent
Contemporaneous
Concluded

Q47 Facts which though not in issue,BUT are so connected with a fact in issue as to form part of the same transaction are referred to as ?��?��?��?��?��?��?��?��?.
Omina presumitur
Res Gestae
Oscito asocis
none of the above

Q48 Any document that is at least 20 years old does not require proof of validity. True or False
False
True
None applicable
Part true part false

Q49 Primary Evidence is provided for in Section ?��?��?��? of the Evidence Act
99
100
101
86

Q50 Circumstantial evidence is indirect evidence
true
false
partly true
none of the options

Q51 Facts in issue are those facts which the party on whom lies the burden of proof must prove to establish hs claim.
False
partly true
none of the options
true

Q52 A fact may consist of a series of facts or be part of the transaction.
False
partly true
none of the options
true

Q53 A fact is any act, condition or thing, assumed as happening or existing.
False
True
partly true
none of th options

Q54 All documents other than public documents are private documents
False
partly true
true
all the options

Q55 A document emanating from public official in his private capacity is termed.
public document
Private document
all the options
none of the options

Q56 A letter written by John to Peter, his friend is an example of –
public document
Private document
all the options
none of the options

Q57 Secondary evidence of a document may be given if the original is in the possession of the adverse party.
False
True
partly true
none of the options

Q58 Copies made from the original by mechanical process which ensure the accuracy of the copy is referred to as –
.primary evidence
. secondary evidence
prima face evidence
real evidence

Q59 Copies made from or compared with the original is an example of which type of evidence.
secondary evidence
primary evidence
all the options
none of the options

Q60 Certified copies of documents are eamples of –
secondary evidence
primary evidence
all the options
None of the options

Q61 Proving the accused guilty is always on the prosecution. This is based on_____________
Constitutional presumption of innocence
On the submissions of the prosecution
On the Evidence Act
none of the options

Q62 The legal burden on a party to convince a tribunal of fact, whether on a preponderance of evidence or beyond reasonable doubt as to the truth of some proposition of fact which are in issue is referred to as burden of proof
false
true
partly true
none of the options

Q63 A rebuttable presumption is one which
may be disputed
may not be disputed
is naturally conclusive
all of the above

Q64 Facts in issue and Relevant Facts are provided for under which Section of the Evidence Act, 2011?
16
6
116
60

Q65 __________________ is referred to as the best evidence, original evidence, that particular means of proof, which under any probable circumstances affords the greatest certainty of the fact in issue ?? specific and definite and carrying on its surface no indication that a better evidence lurks behind.
Primary evidence
Post dated evidence
Secondary evidence
Tetiary evidence

Q66 All persons are presumed to be sane until otherwise proved. True or False
false
true
In between
None of the above

Q67 A fact may either be any of the following except
proved
unproved
disproved
not proved

Q68 Your evidence is said to be __________ if it is based on your personal knowledge or observation and if true to believed, proves a fact out of inference or presumptions.
reflective
indeirect
direct
inverse

Q69 Complete the sentence, “he who asserts must……………..”
rejoice
evidence
adjudicate
prove

Q70 All admissible evidence must be relevant. True or False
true
false
None of the above
some what true

Q71 ____________Evidence on the surface is significant to prove something
.primary evidence
. secondary evidence
prima face evidence
real evidence

Q72 Except __________________________, other options constitute weaknesses of circumstantial evidence
witness may lie
. witness may be mistaken
evidence is usually unsworn
inference may be erroneous

Q73 In the absence of direct evidence, the following will go to prove an allegation of adultery except
visit to a brothel
venereal disease
blood test
None of the options

Q74 When is conclusive evidence also called irrebutable presumption of law
when the evidence is direct
when there is no other evidence
. when the law forbids evidence to the contrary
all the options

Q75 Which type of evidence is referred to as oblique evidence
direct evidence
real evidence
circumstantial evidence
none of the options

Q76 Law of evidence belongs to which division of law
substantive law
adjectival law
conflict of laws
administrative law

Q77 Which of the following is evidence of personal knowledge which tend to prove a fact without inference
indirect evidnce
circumstancial evidence
affidavit evidence
direct evidence

Q78 Formal qualification of the expert in expert evidence is important but not a condition precedent
true
false
partly true
none of the options

Q79 An expert opinion may be received, in evidence if it relates to a technical or scientific matter in which the competency to form an opinion cannot be acquired except by a course of special study or experience.
false
true
partly true
none of the options

Q80 The purpose of calling a witness is to elicit from him or her evidence of facts which he or she has perceived by means of his or her senses.
false
true
partly true
none of the options

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