Mock Bar Examination Questions 26

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MOCK BAR EXAMINATION QUESTIONS IN CRIMINAL LAW 1. A writ of attachment may be issued against a party as security for the satisfaction of any judgment that may be recovered in the following cases: a. An action for the recovery of moral and exemplary damages b. In any action – regardless of its nature c. In an action for a specified amount of money other than for moral or exemplary damages, arising from contract, quasi- contract, delict or quasi-delict, against a party who is about to depart from the Philippines with intent to defraud his creditors. 2. A party who has suffered damages due to the issuance of an improper, irregular or excessive attachment against him may claim such damages: a. In the same case wherein the writ of attachment was issued, at any time before the trial, or before an appeal has been perfected or before the judgment becomes executory. b. Only in a separate action against the party who secured the writ of attachment. c. Only after the judgment has become final and executory. 3. The lifetime or effectivity of a temporary restraining order issued by a trial court can be extended, after the expiration thereof: a. By order of the court b. By agreement of the parties c. Can never be extended 4. Where the court declared that the person who has been giving support pendente lite to a recipient is not liable therefore: a. The recipient who returned the amounts of support pendente lite cannot recover such amounts from anyone. b. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in a separate action.

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Transcript of Mock Bar Examination Questions 26

Page 1: Mock Bar Examination Questions 26

MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

1. A writ of attachment may be issued against a party as security for the satisfaction of any judgment that may be recovered in the following cases:

a. An action for the recovery of moral and exemplary damagesb. In any action – regardless of its naturec. In an action for a specified amount of money other than for moral or exemplary

damages, arising from contract, quasi-contract, delict or quasi-delict, against a party who is about to depart from the Philippines with intent to defraud his creditors.

2. A party who has suffered damages due to the issuance of an improper, irregular or excessive attachment against him may claim such damages:

a. In the same case wherein the writ of attachment was issued, at any time before the trial, or before an appeal has been perfected or before the judgment becomes executory.

b. Only in a separate action against the party who secured the writ of attachment.c. Only after the judgment has become final and executory.

3. The lifetime or effectivity of a temporary restraining order issued by a trial court can be extended, after the expiration thereof:

a. By order of the courtb. By agreement of the partiesc. Can never be extended

4. Where the court declared that the person who has been giving support pendente lite to a recipient is not liable therefore:

a. The recipient who returned the amounts of support pendente lite cannot recover such amounts from anyone.

b. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in a separate action.

c. The recipient who returned such amounts can recover them against the person legally obliged to give him the support in the same case wherein support pendente lite was ordered.

5. In Inter-pleader, a motion to dismiss:

a. Is not allowed to be filed by the defendants.b. Is permitted only on any of the grounds specified in Section 1, Rule 16.c. Is permitted only on any appropriate ground specified in Section 1, Rule 16 and

on the ground of the impropriety of inter-pleader.6.