Rem Law Exam
2
1.May the adopter still fle a petition to revok e the adoption degree? What is the remedy? 2.A fled a petition or habeas corpus beore the R ! in !abanatuan !ity or the release o A"s daughter allegedly being detained by # in $ue%on !ity . & you 'ere the counsel o #( 'hat step 'ill you take? ).What body or tribunal has *urisdiction to entertain a petition or the dissolution o a corporation? +.May a prosecutor fle an inormation or acts o lasciviousness 'ithout a complaint rom he o,ended party? -upposing the o,ended party already e ecuted an a/davit o complaint( is a criminal complaint still necessary to initiate a proceeding or acts o lasciviousness? 0.A vehicular collision occurr ed involving the vehicles o A and #. he driver o A 'as charged 'ith reckless imprudence beore the M!. A and his driver in turn fled a civil suit or damages against # a nd #"s driver beore he R ! or the recovery o damages amounting to 0(. # moved to dismiss the civil action beore the R ! on the ground that the civil action based on the crime is deemed instituted 'ith the criminal action or reckles s imprudence beore the M!. Resolve the motion o #. 3.A 'as charged 'ith robbery beore the o/ce o the !ity rosecutor. May he fle a petition or bail beore the actual fling o the criminal complaint beore the proper court? 4.A brought a parcel to a courier service or delivery to a riend. he employee o the courier service opened the parcel or inspection 'ithout A"s consent. he parcel contained mari*uana. &s the mari*uana admissible in a prosecution or violation o RA 5130 ? 6.he police sa' a man 'alking in a 'obbly manner( 'ith red eyes and coming rom a place in a cemetery kno'n as hangout o drug addicts. he police risked the man and ound mari*uana. &s the mari*uana admissible as evidence in !ourt? 5.7plain the t'o aioms o a dmissibility o evidence. 1. A( the la'yer on direct eamination 'anted to prove that there 'as other
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Transcript of Rem Law Exam
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 As 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 Bs 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 As 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?
1. No more. Remedy is a valid disinheritance.2. Improper venue.3. SEC4. 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.
