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Question

D. Practical Exercises - Judicial Affidavit

Assume you are an aspiring lawyer tasked to analyze and provide legal advice on the following scenarios involving the use of judicial affidavits:

1. Juan, a witness in a criminal case, submits his judicial affidavit to the court. However, during cross-examination, the defense counsel repeatedly questions the credibility and veracity of Juan's statements. How can Juan protect the integrity of his judicial affidavit and effectively respond to the defense counsel's assertions?

2. Maria is a party to a civil case. She wishes to present her own testimony through a judicial affidavit instead of testifying in person. Discuss the requirements and procedures for submission of a judicial affidavit as a method of presenting evidence.

3. As an attorney, you are representing a defendant in a civil case. The plaintiff submitted a judicial affidavit as evidence against your client. How can you challenge the admissibility of the judicial affidavit and what are the grounds for its exclusion?

4. In a labor dispute, an employer denies the allegations made by a group of employees in their judicial affidavits. How can the employees effectively use their judicial affidavits to prove their claims and overcome the employer's denial?

5. Ana, a witness in a family law case, is unable to physically attend the court proceedings due to health reasons. Can Ana submit a judicial affidavit as her testimony? Explain the conditions and limitations for using a judicial affidavit as a substitute for personal testimony.

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Answer