Log In Create Account

Philippine Bar review · Question

Practice question: Original and Appellate Jurisdiction

Multiple Choice Medium

Practice question

An aggrieved party seeks review of a final lower-court judgment solely on an agreed question of law through the procedure prescribed by the Rules. Is the Court’s function in that proceeding original fact-finding merely because the legal issue is important?
  1. No; review of the final lower-court judgment through the prescribed route is appellate in character.
  2. Yes; all important issues erase the prior proceedings.
  3. Yes; the Supreme Court must retry every witness whenever law is disputed.
  4. No, because Supreme Court review of questions of law is constitutionally forbidden.
  5. Yes; a final judgment automatically turns into an unfiled new complaint.

Legal references

  • 1987 Constitution, Article VIII, Sections 2 and 5(1)-(2): https://lawphil.net/consti/cons1987.html

Answer this question in flashcards to review your response and continue practicing.