PUL446 TMA

Q1 Can an accused person be compelled to stand as a witness for the prosecution?
No
Yes
partialy
none of the above

Q2 The following aptly describes an accomplice except ____________
A Participant in the actual crime charged
A principal offender
A Receiver of property for which the accused is charged with stealing
A Participant in other crimes alleged to have been committed by the accused, where evidence of such other crimes is admissible to prove system or intent or to negative accident

Q3 The opinion of any person who has special means of knowledge as to the existence of the relationship of parties in a divorce proceedings is sufficient to prove a marriage in proceedings for divorce. True or False
false
true
all of the above
None of the above

Q4 A witness who is merely tendering a document neither need to swear nor affirm
true
partly true
false
None of the optionsabove

Q5 Tobe competent to testify a witness who has no religious belief must affirm
true
false
all the options
none of the options

Q6 As a general rule all evidence must be given on oath or affirmation
false
true
all the options
none of the options

Q7 A child in civil cases who is oo young to understand the nature of an oath is incompetent to give evidence
false
true
all the options
none of the option

Q8 A person who will neither take oath nor affirm is not competent to give evidence
true
partly true
all the options
none of the above

Q9 A person of unsound mind is not competent to give evidence
true
partly true
all the options
none of the options

Q10 Spouses of persons jointly charged or jointly tried with the accused are not competent witnesses for the prosecution
false
true
partly true
All of the options

Q11 Persons jointly tried with the accused are not competent witnesses for the prosecution
false
true
partly true
all the optons

Q12 The accused is not a competent witness for the prosecution
true
false
partly true
none of the options

Q13 Unsworn evidence of a child is not to be admitted or acted upon unless it is corroborated
false
true
all the options
None of the options

Q14 The competence of a child to give evidence is determined by the test of intellect
false
true
partly true
all the optons

Q15 spouses may be competent but are not cmpellabe witnesses
false
true
partly true
none of the options

Q16 A Judge or Counsel explaining cases he was previously involved need not swear an oath nor affirm
false
true
partly true
none of the options

Q17 ??A statement made by a prisoner before there is time to caution him is not rendered inadmissible in evidence merely by reason of no caution having been given, but in such a case he should be cautioned as soon as possible.? Which rule of the Judges Rule does this rule represent.
Rule 300
Rule 3 of Judges Rule
Rule 6 of Judges Rule
Rule 7 of Juges Rule

Q18 A prisoner or a suspect making a voluntary statement must not be crossexamined, and no questions should be put to him about it except for the purpose of removing ambiguity in what he has actually said. This rule is contained in which rule-
rule 500
Rule 3 of Judges Rule
Rule 5 of Judges Rule
Rule 7 of Juges Rule

Q19 Burden or Standard of proof:
Enhances the proof of cases in court
Takes the plea of evidence in court
Have to be pleaded
None of the options

Q20 In corroboration, the test is:
Whether there is an independent testimony which affects the accused by connecting him with the crime.
Finding out whether a crime has been committed or not
Determine whether or not a witness should be sworn.
Whether the testimony is a repetition of already existing fact in issue.

Q21 Admission may be voluntary or Involuntary
false
true
partly true
none of the options

Q22 Informal admission constitutes an exception to the hearsay rule.
true
partly true
false
None of the optionsabove

Q23 A written admission made before or during proceeding is an example of –
Informal admission
Formal admission
all the options
none of the options

Q24 Agreements made by parties before or on during trial constitutes –
Informal admission
Formal admission
all the options
none of the options

Q25 Answers made in response to interrogatories are examples of which type of admission.
Informal admissio
Formal admission
all the options
none of the option

Q26 An admission by Counsel during proceedings is an example of which type of Admission.
Formal admission
Informal admission
Admission mae without prejudice
none of the above

Q27 An admission contained in a party’s pleading is an example of which type of pleading.
Formal admission
Informal admission
all the options
none of the options

Q28 Admission can be made by a party having a pecuniary interest
false
true
partly true
All of the options

Q29 A party suing in a representative capacity can make an admisson
false
true
partly true
all the optons

Q30 An agent can make an admission
false
true
partly true
none of the options

Q31 Which of the following can make admission.
the court
party to the proceedng
the court registrar
None of the options

Q32 In bankruptcy proceedings admission made without prejudice is admissible.
false
true
partly true
all the optons

Q33 In which case was it held that failure to cross-examine as to the accuracy of the list of goods and value was an admission that the list was correct.
Akinbiyi V. Anike
Oloko V Oloko
Basele V Stern
Cyril Arch V Cop

Q34 In which case did the court refuse to take judicial notice the fact that the general Hospital is a public place
France Izedonwen V IGP
Mutete v NRC
Cyril Arch V Cop
None of the options

Q35 In which case did the court hold that a judicial notice could be taken of the fact that the accused, a police officer, would receive proper pay and emolument under the Police Act.
France Izedonwen V IGP
Mutete v NRC
Cyril Arch V Cop
None of the options

Q36 The doctrine of estoppel can be said to be:
A rule of evidence
A cause of action
A defence mechanism
A and C

Q37 A party that intends to rely on estoppel must;
Expressly state it in his pleadings
Needs only imply it in pleadings
Need only to lead evidence to prove it in court
Use it during his address

Q38 . ??No person who shows that he has been tried by any Court of competent jursidiction or tribunal for a criminal offence and either convicted or acquited, shall again be tried for that offence?..? This statement is:
Estoppel by negligence
Provided for by Law
Estoppel by laches
Estoppel by misrepresentation

Q39 Ali promises Ayi a new car. Ayi sells her old car. Ali reneges from his promise, Ayi sues him to Court. Ali could be liable for:
Estoppel by conduct
Estoppel by judgement of court
Estoppel by negligence
Estoppel by misrepresentation

Q40 Estoppel can be by;
Conduct
By deed
By judgement
All the options

Q41 Section ______ of the Evidence Act, 2011 defines Character.
75
74
77
73

Q42 A book has been written on the Native Law and Custom of the Ijebu-Ode people. Can the court rely on this book to form its own opinion as to the Native law and Custom of the Ijebu-Ode people?
No
yes
never
None of the above

Q43 ____________ is a doctrine which bars a party to a suit to resile from or doing the contrary of which he or she has led another to believe and the special case of relying on a previous judgment as conclusive of the issue or issues in dispute.
Estoppel
Res ipsa loquitor
Contractual Obligation
Noscitur a sociis

Q44 The declarations of a deceased testator as to his testamentary intentions and as to the content of his will are admissible in all of the following instances except
his will has been lost, and when there is question as to what were its contents
the question as to which of more existing documents than one constitute his will
None of the above
the question as to whether an existing will is genuine or was improperly obtained

Q45 State privilege attaches to any unpublished official record relating to the affairs of the state which shall not be produced nor may any evidence derived therefrom be given without the permission of head of department repress. True or False
false
true
partialy true and partialy false
None of the above

Q46 In proving the execution of a document, the following evidence may be admissible,
Evidence of identity of name
Evidence of handwriting
options a and b
option b only

Q47 In all but one of these instances an accused person’s spouse is not competent to give evidence without the accused’s consent. Identify that one exception.
Bigamy
Sexual offences other than bigamy
Child destruction
none of the above

Q48 For a successful plea of res judicata, the following ingredients must be available except
the parties
the subject matter
the issues
the law report

Q49 Section _____ of the Evidence Act, 2011 Defines the term ‘Hearsay’
37
12
77
40

Q50 Estoppel by Record may be Cause of Action estoppel or Issue estoppel. True or false?
true
false
only Issue estoppel
only cause of action estoppel

Q51 _____________ is a written record of the sworn evidence given by a witness, a deponent, before a Magistrate or other authorized person.
Confession
Statement
Record
Deposition

Q52 The following are types of estoppel except?
Promisory estoppel
Estoppel by Deed
Estopel by Recording
Estoppel by Conduct

Q53 Mr Chris Esq is of the opinion that expert opinion evidence can not be challenged. What’s your take?
false
true
None of the above
all of the above

Q54 For Section 40 to apply to statements as to cause of death, i.e. Dying declarations, certain conditions must be present. They include the following except?
The declarant must have died before the evidence is sought to be given
The statement or declaration must relate to the cause of the death of the declarant or as to the circumstances of the transaction.
The trial need not be for murder or manslaughter.
The declarant must have at the time of making the declaration believed himself to be in danger of approaching death.

Q55 Which of the following sections primarily relate to evidence character in civil cases
23
124
67
78

Q56 Statement of opinion as to public and general rights or custom and matters of general interest, may amount hearsay. True or False
false
true
Neither true nor false
Both true and false

Q57 Which is the following is a false statement?
The United Kingdom admits multiple hearsay evidence in criminal proceedings
The hearsay rule has been abolished in English Civil proceedings
The Nigeria Courts have abolished the hearsay rule
All the options

Q58 Hearsay evidence is generally inadmissible except as permitted by:
The Evidence Act
Any other statute
A and B
None of the options

Q59 . ??Evidence of a statement made to a witness by a person, who is not, himself called as a witness, may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement ?��?��?��? This was the rule in:
Utteh V State
Subramanian Vs Public Prosecutor
R V Sparks
Mawaz Khan V The Queen

Q60 Hearsay evidence is admissible in the following instances
Statement relating to cause of death
Statement against the interest of its maker
Declarations by testators
All the options

Q61 In a criminal proceeding, character evidence of an accused person will be deemed relevant in the following instances except?
Where he affirms his previous conviction
Where he denies his previous conviction
Where he has made inconsistent statements
where he denies bias in favour of one party

Q62 Section ___ of the Evidence Act, 2011 relates to statements marked “without prejudice”
34
196
115
124

Q63 The following instances requires corroboration in law except
perjury cases
sedition cases
cases of exceeding speed limit
all of the above

Q64 The following are valid definitions/explanations of estoppel except
A rule that allows for the re-litigation of issues that have already been decided upon by a court of competent jurisdiction.
A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.
A legal result or conclusion arising from an admission which has either been actually made, or which the law presumes to have been made, and which is binding on all persons whom it affects.
A rule by which a party is stopped by some previous act to which he or she was a party or a privy from asserting or denying a fact. It is a rule of exclusion making admissible proof or dispute of relevant facts.

Q65 The following documents are judicially noticed except ___________
Acts of the National Assembly
Laws of a State House of Assembly
Official Gazzete of the Federal Government
Birth Certificates

Q66 The following statements are correct except?
An opinion is a statement as to what a person thinks about an alleged fact
Matters of opinion are conclusions drawn by a person in reference to particular inferences.
Opinion is the exclusive preserve of the court
None of the above

Q67 Before the issue estoppel can be said to operate, certain conditions must be present. Identify which from the options provided below
the same question must have been decided in earlier proceedings and the judicial decision said to create the estoppel must have been final
the parties to the judicial decision or their privies were the same as the parties in the proceedings in which the estoppel is raised or their privies.
a only
a and b

Q68 The examination of a witness by the party who calls him is called _____________
Re-examination
Bar examination
Examination
examination-in-chief

Q69 Section ______ of the Evidence Act, 2011 defines cross-examination
215
230
214
220

Q70 The following are reasons for the exclusion of opinion evidence, except
it is not a technical and not a scientific matter
it is formed from materials that would normally be included from under the heresay rule.
it is not susceptible to empirical proof or disproof
it is formed from materials that would normally be excluded from under the heresay rule.

Q71 Communications made _________ either in writing or orally are protected from subsequent disclosure, unless both parties are willing to dispense with this protection.
“with consent”
“with prejudice”
“without prejudice”
none of the above

Q72 The opinion of any person who has special means of knowledge as to the existence of the relationship of parties in a divorce proceedings is sufficient to prove a marriage in proceedings for divorce. True or False
false
true
all of the above
None of the above

Q73 As a general rule once an issue has been raised and distinctly determined between the parties, neither party can be allowed to fight that issue all over again.
false
true
neither
all of the above

Q74 In a Criminal proceeding, an accomplice can not be held as a competent witness against the accused person.
false
true
neither
none of the above

Q75 Section ______ of the Evidence Act, 2011 defines re-examination
230
214
215
231

Q76 Opinion evidence is generally not permissible unless the witness is
A pastor
A person of good social conduct in the society
An expert witness
All of the above

Q77 . Character evidence in form of previous conviction may be allowed in all BUT ONE
To establish knowledge in case of receiving stolen property
Upon a plea of autre fois convict or autre fois aquit
When the penalty is to be enhanced for subsequent offences as in the case of repeat offenders
When the accused person claims ignorance of the offence

Q78 . In civil proceedings, evidence of conviction of a defendant is
Relevant and therefore admissible
Irrelevant and therefore inadmissible
A only
A and B only

Q79 Evidence of a witness??s character becomes relevant in the following circumstances
If he denies a previous conviction
If he has made inconsistent statements
Denies bias in favour of one party
All of the above

Q80 Evidence of Character may be admitted in the following circumstances
Where the question or character becomes relevant
To negative a plea of accident
Both A and B
A only

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