a. Subsequent agreement placed on issue b. Written agreement or contractual documents c. Judgment on a compromise agreement d. Will and testaments 2. A Xerox copy of a document: a. Is admissible b. Could be admissible c. Never admissible d. Has a probative value 3. TRUE OR FALSE: in general, the Parole Evidence Rule is designed to give certainty to all transactions, preserve the reliability and protect the sanctity of the agreement. 4. It refers to any evidence to prove the contents of a document other than the original document itself. SECONDARY EVIDENCE. 5. It is any evidence in aliunde, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. PAROLE EVIDENCE.
6. TRUE OR FALSE: (In general) the
Parole Evidence Rule applies only to contractual documents.
7. TRUE OR FALSE: The Parole Evidence
Rule does not apply where at least one party to the suit is not a party nor a privy to a party to the written instrument and does not base his claim, nor assert his right arising from the instrument or established therein. 8. TRUE OR FALSE: Due execution of a writing may be proved by parole evidence. 9. TRUE OR FALSE: In order that the parole evidence may be admissible, the mistake or imperfection of the document, (or its failure to express the true intent and agreement of the parties, or the validity of the agreement) must be put in issue by the pleadings. Where the plaintif failed to allege any such fact in his complaint, he cannot introduce parole evidence thereon.
10. It is the principle that public records
cannot be removed or brought out from where they are officially kept. PRINCIPLE OF IRREMOVABILITY OF PUBLIC RECORDS. 11. It is the principle that the written agreement is the final culmination of the negotiation and discussion of the parties as to their respective proposals and counter- proposals and is the final and sole repository, memorial and evidence of what was finally agreed upon. PRINCIPLE OF INTERROGATION OF JURAL ACTS 12. TRUE OR FALSE: The Parole Evidence Rule does not apply to collateral agreements. (PNB vs. Seeto, 1952) 13. It means that the instrument/document itself is clear and certain on its face but the ambiguity arises from some extrinsic, collateral or outside factor, thus there is uncertainty as to how the terms are to be enforced. LATENT/INTRINSIC. 14. In cases of secondary evidence, who has the burden of proof? THE OFFEROR OF THE SECONDARY EVIDENCE HAS THE BURDEN OF PROOF.
15. One of these statements are
not correct: The Parole Evidence Rule a. Applies only to written agreement and wills b. Applies only to parties thereto and their successors-in-interest c. Does not apply to a party to a suit who is not a signatory or who does not derive a right from such signatory to the written agreement or will d. Applies to all parties to a suit regardless of whether they are parties or not to or derive their right under a written agreement or will involve in a suit. 16. TRUE OR FALSE: The oferor, upon proof of its execution/existence and cause of its unavailability, without bad faith on his part, may prove its contents, in no particular order. a. A copy;