Legal Research

MCQ for the final exam

Chapter 5 and 6
*answers are in bold letters
1. During the Pre-Spanish period, the disputants presented their arguments before a
chieftain and the barangay elders. The disputant with the most witnesses to his side
was:
a. seen to be a very famous person.
b. adjudged as the winner.
c. The testimonies of each witness are more important rather than the number.
2. In Law Books of Secondary Authority, this publication not only covers the decisions of
the Supreme Court but also those of the Court of Appeals.
a. Republic of the Philippines Digest
b. Case Digest
c. Velayo's Digest
3. The civil term for res judicata is?
a. stare decisis
b. res judicata
c. stare decisis, et no quieta movere
d. ratio decidendi
4. The dispositive portion of a case is called:
a. Falla
b. Fallo
c. Ratio
d. Dictum
5. Which is not a subordinate question?
a.) Decisions of the senate and house of representatives electoral tribunal.
b.) Decisions of Administrative agencies exercising quasi judicial powers.
c.) Decisions of metropolitan trial courts,the municipal trial court and the
municipal circuit trial courts.
d.) None of the above
6. What is not true about the pre-hispanic period?
a.) Disputant with more witnesses to his side was adjudged as the winner.

b.) To show their honesty and sincerity,took an oath to this effect," May the
crocodile devour me if I tell falsehood.
c.) There is a bible to put one's right hand on
d.) Defeated party had no other recourse than to bow to the inevitable.
7. This is a court known as _______, to hear and decide complaints against the
administration of government, with final appeal to the council of state in Spain and it
was composed of president and three magistrates.
a. Ecclesiastical Court
b. Treasury Court
c. Tribunal Contencioso
d. Probate Court

8. It is the holding of principle of law on which a case was decided and sets the
precedent is binding on courts in the future.
a. Ratio Decidendi
b. Stare Decisis
c. Res Judicata
d. Reversal and Overruling
9. It is a court of final resort headed by Governor General or Audiencia.
a) juico de residencia
b) cuerpo de cuadrilleros
c) consejo de las Indias
d) audentia real
10. It was established in the Philippines by Royal Decree of May 5, 1583, was given
appellate jurisdiction of all civil cases and criminal cases throughout the archipelago.
a) audiencia real
b) alcaldes mayors
c) partidos
d) juez de paz

11. The holding of the principle of law on which a case is decided is the:
a.
b.
c.
d.

obiter dictum
ratio decidendi
reversal
overruling

12. The language in a decision that is not necessary to the decision is the:
a)
b)
c)
d)

ratio decidendi
obiter dictum
overruling
reversal

13. This Latin phrase is the principle that the decisions of the Supreme Court are a
binding authority on the court that issued the decisions and on lower courts for the
disposition of factually similar controversies.
a. res judicata
b. stare decisis
c. obiter dictum
d. ratio decidendi
14.The following agencies have express quasi-judicial powers except one.
a. Commission on Audit
b. Commission on Elections
c. Civil Service Commission
d. Social Security System
15. The following are aspects of the Judicial System except one.
a. body of laws
b. law enforcement agencies
c. advocates
d. prisoners
16. The Court of Tax Appeals was established under what Republic Act?
a. Republic Act 1125
b. Republic Act 1225
c. Republic Act 1215
d. Republic Act 1121
17. It is the leading private publication of Supreme Court decisions published by Central
from 1961.

a. SCAD
b. SCD
c. SCRA
d. SCUD
18. Case law authority is frequently divided into two cases:
a)
b)
c)
d)

persuasive and logical

persuasive and without legal effect
persuasive and binding
persuasive and comprehensive

19. It is an official publication of the government printed by the Bureau of Printing.

a. Advance Sheet
b.Philippine Report
c. Jurisprudence Filipina
d. Official Gazette
20. They were the local judges in their respective pueblos of municipalities until the late
19th century.
a. Alcaldes-Mayores
b. Real Audencia
c. Gobernadorcillos
d. Gobernador Heneral
21. Which of the following has no binding effect?
a. stare decisis
b. ratio decidendi
c. obiter dictum
d. dicta from a respected justice

22. Which is the effect of overruling?

a. Acquittal of the accused since the lower court erred in its decision
b. An earlier decision is no longer an authoritative precedent for other
cases.
c. The conclusiveness of an earlier decision as a settlement of its particular
controversy will be affected.
d. The decision of the lower court will be reversed or set aside.
23. It was established in the Philippines by Royal Decree of May 5, 1583, was given
appellate jurisdiction of all the civil and criminal cases throughout the archipelago.
a. Audencia de lo Criminal
b. Gobernadorcillio
c. Alcaldes-Mayores
d. Audencia Real

24.____________ gives a literary statement of the law as distinguished from digests

which presents isolated summaries of points of law.
a. Bar Reviewer
b. Supreme Court decision
c. Legal Encyclopedia
d. Legal Periodicals
25. Secondary materials include the following except.
a. Philippine digest
b. Philippine Law Journal
c. Blacks Law Dictionary
d. 1987 Constitution of the Philippines
26. Expositions by legal writers on statutory law pertaining to a particular subject
published in book form.
a. Treatises and Textbooks
b. Legal Encyclopedia
c. Case Digests

d. Legal Periodicals
27. A comprehensive treatise of the entire field of the law.
a.
b.
c.
d.

Legal Encyclopedia
Treatises and Textbooks
Bar Reviewers
Legal Periodicals

28. It is a comprehensive treatise of the entire field of the law divided into topics
arranged in alphabetical order
a. Textbook
b. Law dictionary
c. Legal encyclopedia
d. Legal periodical

29. Which does NOT characterize secondary materials in legal literature?

a. Persuasive
b. Varies widely in purpose and quality
c.Explanatory
d. Binding
30. Which of the following is a law book of secondary authority?
a. case dictionaries
b. general reviewers
c. law almanacs
d. legal periodicals
31. Which of the following is the earliest law dictionary?
a. Diccionario de Administracion de las Islas Filipinas in 1880
b. Diccionario Juridico Recopilador in 1922
c. Diccionario Juridico Recopilador in 1913
d. Diccionario de Administracion de las Islas Filipinas in 1887
32. Secondary sources which are expositions by legal writers on statutory law and case
law pertaining to a particular subject and published in book form.
a. Legal Encyclopedia

b. Philippine Law Journal

c. Treatises and Textbooks
d. Legal Periodicals and Legal Encyclopedia
33. Secondary sources that presents in concise form, brief but comprehensive
statements of the current law upon topics.
a.
b.
c.
d.

Case Digests
Legal Periodicals
Legal Encyclopedia
Treatises and Textbooks

34. It is a comprehensive treatise of the entire field of the law. This whole field of the law
is divided into topics arranged in alphabetical order.
a. Legal Encyclopedia
b. Legal Periodicals
c. Treatises and Textbooks
d. SCRA Quick-Index Digest

35. These are useful for identifying the definitions of words in their legal sense or use. A
short definition is given for each word or phrase.
a. Bar Reviewers
b. Law Dictionaries
c. Case Digest
36. A subject book which presents to the user the means of making his own definitions.
It deals with a whole field of law which treats of a portion of the subject.
a. treatises
b. legal encyclopedia
c. law dictionary
d. legal periodicals
37. Secondary materials have a:
a. objective effect
b. substantive effect
c. persuasive effect
d. binding effect

38. These are the sources that are not binding in nature but are persuasive
a. primary sources
b. secondary sources
c. tertiary sources
d. bar reviewers

39. It is a kind of secondary source that can be modified by the Supreme Court. It's
purpose is for personal consumption
a. law dictionaries
b. bar reviewers
c. case digest
d. treaties and textbooks
40. What is the leading law journal in the Philippines?
a. UST journal
b. San Beda Law journal
c. Ateneo Law journal
d. Philippine law journal
41. When was the publication of the first Philippine law dictionary?
a. 1970
b. 1971
c. 1972
d.1973
42. During the Spanish periods, what is the equivalence of the Sandiganbayan today?
a. Commercial Court
b. Contentious Court
c. Real Audencia
d. juezes de paz
43. The decisions of the Supreme Court from August 1, 1901 to October 31, 1937 were
published in the______________.
a. SCRA
b. Philippine Reports
c. Philippine Gazette
d. Jurisprudence Filipina
44. What is reversal?
a. Has reference to the action of the Supreme Court on a lower courts
decision in the same controversy.
b. Decisions that persuasive and binding

c. Final decision of the Supreme court

d. The stand on what has been decided
45. These are secondary materials which are very helpful to fourth year students and
those reviewing for the bar.
a.
b.
c.
d.

Bar reviewers
Law dictionaries
Case Digests
Legal Periodicals

46. These are useful for identifying the definitions of words in their legal sense or use
a.
b.
c.
d.

Law dictionary
Bar reviewers
Case digests
Legal Periodicals

47. It is the doctrine which means the stand on what has been decided is the principle
that the decisions of a court is a binding authority on the court that issued the decisions
and on lower courts for the disposition of factually similar controversies.
a. Res Judicata
b. Stare Decisis
c. Ratio Decidendi
d. Obiter Dictum
48. It is the leading private publication of Supreme Court decisions published by Central
from 1961.
a. SCAD
b. SCD
c. SCRA
d. SCUD
49. During the Spanish period, courts for religious purposes were called?
a. commercial
b. contentious
c. ecclesiastical
d. probate
50. It has reference to the action of the SC on a lower courts judgement.
a. overruling

b. stare decisis
c. reversal
d. ratio decidendi
51. It is the doctrine which means the stand on what has been decided is the principle
that the decisions of a court is a binding authority on the court that issued the decisions
and on lower courts for the disposition of factually similar controversies.
a. Res Judicata
b. Stare Decisis
c. Ratio Decidendi
d. Obiter Dictum