Tuesday, March 21, 2006

Remedial Law Final Exam


Let me post here our final exam in remedial law review given last night by Judge Adriano. The first three questions came as a surprise to us because Judge said that the coverage of the final exam shall be limited to criminal procedures and evidence only. Well, I guess he just taught us a hard lesson – that is, always expect the unexpected in the BAR.

Here are the ten questions:

1.May the adopter still file a petition to revoke the adoption degree? What is the remedy?

2.A filed a petition for habeas corpus before the RTC in Cabanatuan City for the release of A’s daughter allegedly being detained by B in Quezon City. If you were the counsel of B, what step will you take?

3.What body or tribunal has jurisdiction to entertain a petition for the dissolution of a corporation?

4.May a prosecutor file an information for acts of lasciviousness without a complaint from he offended party? Supposing the offended party already executed an affidavit of complaint, is a criminal complaint still necessary to initiate a proceeding for acts of lasciviousness?

5.A vehicular collision occurred involving the vehicles of A and B. The driver of A was charged with reckless imprudence before the MTC. A and his driver in turn filed a civil suit for damages against B and B’s driver before he RTC for the recovery of damages amounting to P500,000. B moved to dismiss the civil action before the RTC on the ground that the civil action based on the crime is deemed instituted with the criminal action for reckless imprudence before the MTC. Resolve the motion of B.

6.A was charged with robbery before the office of the City Prosecutor. May he file a petition for bail before the actual filing of the criminal complaint before the proper court?

7.A brought a parcel to a courier service for delivery to a friend. The employee of the courier service opened the parcel for inspection without A’s consent. The parcel contained marijuana. Is the marijuana admissible in a prosecution for violation of RA 9165?

8.The police saw a man walking in a wobbly manner, with red eyes and coming from a place in a cemetery known as hangout of drug addicts. The police frisked the man and found marijuana. Is the marijuana admissible as evidence in Court?

9.Explain the two axioms of admissibility of evidence.

10. A, the lawyer on direct examination wanted to prove that there was other agreement aside from those stated in the contract. He asked the witness - - - “Aside from what was stated in the contract, is there other agreement between you and the defendant?” If you were the lawyer for the defendant what ground should you object and why?
Any answers?

3 comments:

  1. ms pretty lawyer1:16 PM, March 23, 2006

    try ko lang i-answer ha? bka kasi rusty na ko sa academics.

    1. No more. Remedy is a valid disinheritance.
    2. Improper venue.
    3. SEC
    4. No. It is a private crime so the signature of the offended party is necessary.
    5. B's motion should be denied.
    6. No. He is still free.
    7. Yes. The employee is a private person so the search is valid.
    8. Yes. Search is an incident of a lawful warrantless arrest.
    9. Im not sure with this one but evidence must be both relevant and competent.
    10. Violation of the parol evidence rule.

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  2. hi there, I don't want to sound high handed but if our exams were just like yours then everybody in my class might have made it with flying colors. Our exams covered the whole of Remedial Law! as in cover to cover...

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  3. ms pretty lawyer,

    thnx for the answers, believe me, u aint rusty.

    anonymous,

    thnx for ur comment, goodluck on ur exams.

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