1What is direct evidence?
Evidence that, if believed, establishes a fact without requiring an inference about that fact.
2What is circumstantial evidence?
Evidence of surrounding facts from which the existence of another fact may reasonably be inferred.
3Under Rule 133, when may circumstantial evidence support a criminal conviction?
When there is more than one circumstance, the underlying facts are proved, and their combination establishes guilt beyond reasonable doubt.
4Can a conviction rest entirely on circumstantial evidence?
Yes, if the requirements of Rule 133 are satisfied and guilt is established beyond reasonable doubt.
5What is the equipoise rule in criminal evidence?
When the evidence is evenly balanced on guilt, the presumption of innocence requires acquittal.
6What is corpus delicti?
The fact that a crime has actually been committed, established by evidence of the injury or loss and its criminal cause where applicable.
7Does corpus delicti always mean the physical body of a homicide victim?
No. It means the essential fact of the crime, not necessarily a physical corpse.
8What corroboration does Rule 133 require for an extrajudicial confession?
Independent evidence of the corpus delicti.
9What is the distinction between a confession and an admission?
A confession acknowledges guilt of an offense; an admission acknowledges a relevant fact that may fall short of guilt.
10What is a qualified admission?
An acknowledgment accompanied by an explanation, condition, or qualification affecting its meaning.
11What is the rule on admissions by third persons?
A person's act or declaration generally cannot prejudice another, except under recognized evidentiary rules.
12What is an adoptive admission?
A statement or conduct indicating that a party has accepted another person's assertion as true, when the required foundation exists.
13What is the general rule concerning a party's offer to compromise in a criminal case?
Except in specified cases, an offer to compromise may be received as an implied admission of guilt under Rule 130.
14Why must courts distinguish a compromise offer from an actual confession?
An offer may have evidentiary significance under the rules without expressly admitting every element of the offense.
15What is a rebuttable presumption?
A legal inference that operates unless sufficient contrary evidence is presented.
16What is a conclusive presumption?
A presumption that the law does not permit to be contradicted under its applicable conditions.
17What is the presumption of regularity in official duties?
A disputable presumption that official duty has been regularly performed.
18Can the presumption of regularity override the presumption of innocence?
No. It cannot substitute for proof beyond reasonable doubt or overcome credible evidence of official irregularity.
19What is the presumption arising from willful suppression of evidence?
A disputable presumption that evidence willfully suppressed would be adverse if produced, subject to recognized limitations.
20What is the significance of motive in proving a criminal offense?
Motive may help explain conduct or identity but is not ordinarily an essential element unless the law requires it.
21What is the distinction between motive and intent?
Motive is the reason for acting; intent is the mental purpose to perform the prohibited act or produce its result.
22What is positive identification?
Testimony or other evidence directly identifying a person as the perpetrator of an offense.
23What factors may affect the reliability of eyewitness identification?
Opportunity to observe, lighting, distance, duration, stress, prior familiarity, and suggestive identification procedures.
24What is an alibi?
A defense asserting that the accused was elsewhere when the crime occurred.
25What is generally required for an alibi to be persuasive?
Credible proof of presence elsewhere and circumstances showing that presence at the crime scene was physically impossible or highly improbable.
26Does a weak alibi relieve the prosecution of proving guilt?
No. The prosecution always bears the burden of proving guilt beyond reasonable doubt.
27What is a prior inconsistent statement?
A witness's earlier statement that materially conflicts with the witness's present testimony.
28What is the purpose of confronting a witness with a prior inconsistent statement?
To test credibility and provide the witness an opportunity to explain the inconsistency under the applicable rules.
29What is a hostile witness?
A witness whom the court determines may be examined as hostile under the conditions prescribed by Rule 132.
30Does a witness become legally hostile merely by giving unfavorable testimony?
No. The court must apply the governing criteria for treating the witness as hostile.
31What is the general rule on opinion testimony by ordinary witnesses?
It is limited to opinions permitted by the Rules of Evidence and grounded in the witness's perception.
32When may an expert witness offer an opinion?
When specialized knowledge, skill, experience, training, or education qualifies the witness to assist the court on a relevant matter.
33Is expert testimony automatically conclusive?
No. The court evaluates its foundation, methodology, consistency, and persuasive value.
34What is the distinction between an expert's qualifications and the reliability of an expert opinion?
Qualifications concern expertise; reliability concerns whether the particular opinion rests on sound and relevant grounds.
35What is the purpose of the Rules on Electronic Evidence?
To govern the admissibility and evidentiary treatment of electronic documents, electronic data messages, and related evidence within their scope.
36What is an electronic document?
Information or a representation of information received, recorded, transmitted, stored, processed, retrieved, or produced electronically under the applicable rules.
37What is the significance of authenticating an electronic document?
It establishes that the electronic evidence is what its proponent claims it to be.
38How may an electronic document be authenticated?
Through digital signatures, security procedures, or other evidence demonstrating its integrity and authenticity under applicable rules.
39Is a screenshot automatically authentic merely because it displays a name or account?
No. Its source, integrity, and connection to the alleged author may require proof.
40What is metadata in electronic evidence?
Data describing characteristics of other data, such as creation information, modification history, timestamps, or technical attributes.
41Why is preserving original electronic evidence important?
It helps establish authenticity, integrity, provenance, and whether the evidence was altered.
42What is a cryptographic hash in digital evidence?
A computed value derived from data that can assist in checking whether the data has changed.
43Does matching a cryptographic hash by itself prove who created a digital file?
No. It supports integrity verification but does not independently establish authorship.
44What is chain of custody?
The documented sequence of collection, handling, transfer, examination, storage, and presentation of evidence.
45What is the primary evidentiary purpose of chain-of-custody documentation?
To help establish that the item presented is the same item collected and that its integrity was preserved.
46Does every minor gap in the chain of custody automatically make all physical evidence inadmissible?
No. The effect depends on the governing law, the nature of the evidence, and whether identity and integrity remain sufficiently established.
47Why are chain-of-custody requirements particularly important for seized dangerous drugs?
Because the identity and integrity of the seized substance are central to proving the corpus delicti.
48What is the purpose of marking physical evidence at collection?
To identify the item and reduce the risk of substitution, confusion, or misidentification.
49What is the significance of preserving evidence in tamper-evident packaging?
It helps document handling and detect possible interference, supporting evidentiary integrity.
50Scenario: A witness accurately describes a suspect's clothing but never saw the suspect's face. What evidentiary limitation exists?
The description may corroborate circumstances but does not necessarily establish reliable personal identification.