Cjl 1 Quiz No. 1
QUIZ NO. 1
- 1.
A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
- A.
Information
- B.
Complaint
- C.
Probable Cause
- D.
Preliminary Investigation
Correct Answer
B. ComplaintExplanation
A complaint is a sworn written statement that charges a person with an offense. It is subscribed by the offended party, a peace officer, or other public officer responsible for enforcing the violated law. A complaint initiates legal proceedings against the accused and serves as the basis for further investigation and prosecution.Rate this question:
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- 2.
An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with court.
- A.
Information
- B.
Complaint
- C.
Preliminary Investigation
- D.
Probable cause
Correct Answer
A. InformationExplanation
An information is a written accusation that is filed with the court by the prosecutor, charging a person with an offense. It is a formal document that outlines the details of the alleged offense and is subscribed by the prosecutor. This document initiates the legal process and serves as the basis for the court proceedings against the accused individual.Rate this question:
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- 3.
Junjun was been charged with a possible penalty of 4 years . Preliminary investigation is required when the possible penalty for the offense committed is?
- A.
4years 2months and 1day
- B.
Atleast 4years 2months and 1day
- C.
4months 2weeks and 1day
- D.
Atleast 4months 2weeks and 1day
Correct Answer
B. Atleast 4years 2months and 1day -
- 4.
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the?
- A.
Police
- B.
Judges
- C.
Prosecutor
- D.
Barangay
Correct Answer
C. ProsecutorExplanation
All criminal actions commenced by a complaint or information are prosecuted under the direction and control of the prosecutor. The prosecutor is responsible for representing the government in criminal cases and presenting evidence against the accused. They have the authority to decide whether to proceed with a case, negotiate plea deals, and determine the appropriate charges and penalties. The police may initiate the investigation and gather evidence, but it is ultimately the prosecutor who decides whether to pursue the case in court. Judges play a role in overseeing the legal proceedings and ensuring a fair trial, but they do not direct or control the prosecution. The barangay, on the other hand, is a local government unit in the Philippines and does not have jurisdiction over criminal prosecutions.Rate this question:
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- 5.
Crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the ?
- A.
Offended party
- B.
Her parents
- C.
Guardian
- D.
Offended spouse
Correct Answer
D. Offended spouseExplanation
The correct answer is "Offended spouse." Crimes of adultery and concubinage can only be prosecuted if the offended spouse files a complaint. This means that only the spouse who has been directly affected by the adultery or concubinage can initiate legal action against the offending party. The involvement of her parents or guardian is not necessary in this case.Rate this question:
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- 6.
Junjun was been charged with a possible penalty of 4 years. Is preliminary investigation required?
- A.
Yes
- B.
No
- C.
Maybe
- D.
Possibly
Correct Answer
B. NoExplanation
No, preliminary investigation is not required. The question states that Junjun has already been charged with a possible penalty of 4 years. This suggests that the investigation has already taken place and the charges have been filed. Therefore, there is no need for a preliminary investigation at this stage.Rate this question:
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- 7.
The following officers are authorized to conduct preliminary investigation, except –
- A.
Provincial or City Prosecutors and their assistants
- B.
Judges of the Municipal Trial Courts and Municipal Circuit Trial
- C.
National and Regional State Prosecutors
- D.
Other officers as may be authorized by law
Correct Answer
B. Judges of the Municipal Trial Courts and Municipal Circuit TrialExplanation
Judges of the Municipal Trial Courts and Municipal Circuit Trial are not authorized to conduct preliminary investigations. This responsibility falls under the jurisdiction of Provincial or City Prosecutors and their assistants, National and Regional State Prosecutors, and other officers as may be authorized by law. Judges are primarily responsible for presiding over court proceedings and making legal decisions based on the evidence presented to them. Conducting preliminary investigations is a task assigned to prosecutors who determine whether there is enough evidence to proceed with a criminal case.Rate this question:
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- 8.
In crimes of seduction, abduction, and acts of lasciviousness, the following can prosecute the offense, except –
- A.
Offended party
- B.
Her parents
- C.
Guardian
- D.
Offended spouse
Correct Answer
D. Offended spouseExplanation
In crimes of seduction, abduction, and acts of lasciviousness, the offended party, her parents, and guardian can prosecute the offense. However, the offended spouse cannot prosecute the offense because the term "offended spouse" refers specifically to a person who is married to the offender. In cases of seduction, abduction, and acts of lasciviousness, the offended spouse is not directly involved or affected, therefore they do not have the legal standing to prosecute the offense.Rate this question:
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- 9.
The complaint/ information is sufficient if it substantially have the following, except –
- A.
Name of the offended party
- B.
Name of the accused
- C.
Approximate date of the commission of offense
- D.
Why the offense was committed
Correct Answer
D. Why the offense was committedExplanation
The complaint/information is considered sufficient if it includes the name of the offended party, the name of the accused, and the approximate date of the commission of the offense. However, it is not necessary for the complaint/information to include the reason why the offense was committed.Rate this question:
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- 10.
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.
- A.
Yes
- B.
Maybe
- C.
True
- D.
False
Correct Answer
C. TrueExplanation
The statement is true because it states that all criminal actions initiated by a complaint or information must be prosecuted under the guidance and supervision of the prosecutor. This means that the prosecutor has the authority and responsibility to oversee and manage the prosecution of criminal cases.Rate this question:
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- 11.
After a long quarrel Junjun, a resident of barangay was a being beaten by Junard, the barangay chairperson for complaining about the delayed relief packs to be given, as a result the former suffered multiple contusions and hematomas in different parts of the body. Junjun reports it to the police station. The complaint is sufficient if it contains the following, except –
- A.
The name of Junjun
- B.
The offense committed by Junard
- C.
The name of Junard
- D.
The offense committed by Junjun
Correct Answer
D. The offense committed by JunjunExplanation
The complaint is sufficient if it contains the name of Junjun, the offense committed by Junard, and the name of Junard. The offense committed by Junjun is not necessary in the complaint.Rate this question:
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- 12.
What if the name of the accused who beaten Junjun was not known, how would we ascertain his identification in the complaint?
- A.
Remember the face of the accused and state the colour of his hair, eyes, and skin
- B.
Ask for an artist sketch in the police station and attach a sketch in the complaint
- C.
Describe him under a fictitious name with a statement that his true name is unknown
- D.
Describe him in the complaint and use the name “Jords” as identification
Correct Answer
C. Describe him under a fictitious name with a statement that his true name is unknownExplanation
If the name of the accused who beat Junjun is not known, the best way to ascertain his identification in the complaint is to describe him under a fictitious name with a statement that his true name is unknown. This allows for the identification of the accused without providing false information or making assumptions about his identity. It also acknowledges the fact that his true name is not known, ensuring accuracy in the complaint.Rate this question:
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- 13.
It is not necessary to state in the complaint or information the precise date the offense was committed, except when –
- A.
The date is a material ingredient of the offense
- B.
The exact date you reported the offense
- C.
It is the actual date written in the police blotter
- D.
The date is sentimental for you
Correct Answer
A. The date is a material ingredient of the offenseExplanation
In legal terms, a "material ingredient" refers to a crucial element or factor that is necessary to prove the offense. Therefore, when the date is a material ingredient of the offense, it means that the specific date on which the offense occurred is essential to establish the crime. In such cases, it is necessary to state the precise date in the complaint or information in order to provide accurate and relevant information about the offense.Rate this question:
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- 14.
The kinds of person under the law are Natural person and _________?
- A.
Judicial person
- B.
Legal person
- C.
Juridical person
- D.
Official person
Correct Answer
C. Juridical personExplanation
A juridical person refers to an entity that is recognized by the law as having legal rights and obligations similar to those of a natural person. This includes corporations, associations, and other organizations that can enter into contracts, sue, and be sued. Therefore, the correct answer is juridical person.Rate this question:
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- 15.
Which of the following is not a natural person –
- A.
The shareholder of ABS-CBN network, Charo Santos
- B.
Rodrigo Duterte, The President of the Phlippines
- C.
The employer of Mike Enriquez, The GMA Netwok
- D.
The user of Twitter, Maris Racal
Correct Answer
C. The employer of Mike Enriquez, The GMA NetwokExplanation
The employer of Mike Enriquez, The GMA Network, is not a natural person because it refers to an organization or company rather than an individual. The other options in the question all refer to specific individuals who can be classified as natural persons. Therefore, the employer of Mike Enriquez is the correct answer as it does not fit the criteria of being a natural person.Rate this question:
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- 16.
The following is not a natural person, except –
- A.
The artist of ABS-CBN Network, Maris Racal
- B.
FACEBOOK owned by Mark Zuckerberg
- C.
Henry Sy’s San Miguel Corporation
- D.
Samsung Philippines, Ltd
Correct Answer
A. The artist of ABS-CBN Network, Maris RacalExplanation
This answer is correct because Maris Racal is a natural person, unlike the other options listed. Maris Racal is an artist associated with ABS-CBN Network, and artists are typically individuals who are natural persons. The other options, such as FACEBOOK owned by Mark Zuckerberg, Henry Sy's San Miguel Corporation, and Samsung Philippines, Ltd, are not natural persons but rather entities or organizations.Rate this question:
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- 17.
The crimes of adultery and concubinage are considered private crimes. Which means –
- A.
Anyone could file a complaint against the offender
- B.
The prosecutor alone could prosecute the offense
- C.
Only the state could file a complaint
- D.
Shall not be prosecuted except upon a complaint filed by the offended spouse
Correct Answer
D. Shall not be prosecuted except upon a complaint filed by the offended spouseExplanation
The correct answer is "Shall not be prosecuted except upon a complaint filed by the offended spouse." This means that adultery and concubinage cannot be prosecuted unless the spouse who was offended by the act files a complaint. This indicates that the crimes are considered private, and only the aggrieved spouse has the authority to initiate legal action against the offender.Rate this question:
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- 18.
In offenses of seduction, abduction, and acts of lasciviousness. Who can initiate the prosecution of the offense if the offended party, parents, grandparents, and guardian failed to do so?
- A.
Prosecutor
- B.
State
- C.
Police
- D.
Court
Correct Answer
B. StateExplanation
The state can initiate the prosecution of the offense if the offended party, parents, grandparents, and guardian failed to do so. This means that even if the victim or their immediate family members do not file a complaint, the state has the authority to take legal action against the offender. This ensures that justice can still be pursued even if the victim or their family are unable or unwilling to initiate the prosecution themselves.Rate this question:
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- 19.
Which is not included in the sufficiency of complaint or information –
- A.
The approximate date of the offense
- B.
The complete name of the prosecutor
- C.
The act complained as constituting the offense
- D.
The place where the alleged offense committed
Correct Answer
B. The complete name of the prosecutorExplanation
In the sufficiency of a complaint or information, the complete name of the prosecutor is not included. The sufficiency of a complaint or information refers to the legal requirement that these documents must contain enough details and allegations to inform the accused of the charges against them. The approximate date of the offense, the act complained of as constituting the offense, and the place where the alleged offense was committed are all important elements that need to be included in the complaint or information to ensure its sufficiency. However, the complete name of the prosecutor is not necessary for this purpose.Rate this question:
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- 20.
If the offense is against property, and the name of the offended party is unknown, what should be done?
- A.
Dismiss the complaint for lack of offended party
- B.
Do not consider the property and pursue the complaint
- C.
Describe the property with such particularity
- D.
None of these
Correct Answer
C. Describe the property with such particularityExplanation
If the offense is against property and the name of the offended party is unknown, the appropriate action would be to describe the property with such particularity. This means providing detailed and specific information about the property in question, such as its location, characteristics, and any distinguishing features. By doing so, it helps to identify and establish the connection between the offense and the property, even if the name of the offended party is not known. This allows for a proper investigation and potential resolution of the complaint.Rate this question:
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- 21.
The branch of Government which cases are brought and deciding controversies
- A.
Prosecution
- B.
Court
- C.
Judiciary
- D.
Judge
Correct Answer
C. JudiciaryExplanation
The correct answer is Judiciary. The judiciary is the branch of government that is responsible for hearing and deciding legal cases and controversies. They interpret and apply the law to resolve disputes between individuals, organizations, or the government. The judiciary ensures that justice is served and upholds the rule of law. They play a crucial role in maintaining the balance of power and ensuring the fair administration of justice.Rate this question:
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- 22.
Junjun was bought after the court for the reading of the criminal complaint against him and to give him an opportunity to plead –
- A.
Arraignment
- B.
Trial
- C.
Judgment
- D.
Decision
Correct Answer
A. ArraignmentExplanation
The correct answer is "Arraignment" because it is the legal process where the defendant is formally charged with a crime and is given the opportunity to enter a plea (guilty, not guilty, or no contest). This typically occurs after the court reads the criminal complaint against the defendant. The arraignment is an important step in the criminal justice system as it ensures that the defendant understands the charges against them and can respond accordingly.Rate this question:
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- 23.
Junjun was seeking the dismissal of the complaint or information based on the grounds provided by law –
- A.
Motion to appeal
- B.
Motion to dismiss
- C.
Motion to quash
- D.
Motion for reconsideration
Correct Answer
C. Motion to quashExplanation
A motion to quash is a legal request made by Junjun to seek the dismissal of the complaint or information. This motion is based on the grounds provided by law, which means that Junjun believes there are legal reasons why the complaint or information should be dismissed. By filing a motion to quash, Junjun is asking the court to declare the complaint or information invalid or void.Rate this question:
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- 24.
Responsibility of the court to determine if the accused is guilty of the case charged through evidences submitted by both parties.
- A.
Peace keeping
- B.
Administrative role
- C.
Deciding Controversies
- D.
None of these
Correct Answer
C. Deciding ControversiesExplanation
The responsibility of the court to determine if the accused is guilty of the case charged through evidences submitted by both parties is best described as "Deciding Controversies." In a court of law, the judge or jury must carefully consider the evidence presented by both the prosecution and the defense in order to reach a verdict. This process involves weighing the arguments and evidence from both sides and making a decision on the guilt or innocence of the accused. Therefore, the court's role in determining the outcome of a case can be seen as resolving the controversies and disputes presented by the opposing parties.Rate this question:
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- 25.
A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
- A.
Information
- B.
Complaint
- C.
Preliminary Investigation
- D.
Probable cause
Correct Answer
B. ComplaintExplanation
The given definition describes a complaint, which is a sworn written statement that charges a person with an offense. It can be subscribed by the offended party, a peace officer, or any public officer responsible for enforcing the law that has been violated. A complaint is the first step in initiating a legal process against someone accused of committing a crime.Rate this question:
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Current Version
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Mar 21, 2023Quiz Edited by
ProProfs Editorial Team -
Apr 30, 2020Quiz Created by
Khevin Espinosa
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