MONDAY: 5 December 2022.    Afternoon Paper.        Time Allowed: 2 hours.

This paper is made up of fifty (50) Multiple Choice Questions. Answer ALL the questions by indicating the letter (A, B, C or D) that represents the correct answer. Do NOT write anything on this paper.

1. Which of the following is NOT an element of a valid contract?

A. Offer and acceptance.
B. Legality
C. Consideration
D. Utmost good faith (2 marks)

2. Which of the following statements is not true about ‘morale’.

A. It is a form of ‘attitude’
B. It is reflected in positive feelings about the work group
C. It instills confidence that difficult goals can be achieved easily
D. It is the knowledge of the distinction between right and wrong action (2 marks)

3. Which type of law establishes rights between natural persons and provides for redress for violation of those rights?

A. Criminal Law
B. Civil Law
C. The Uniform Commercial Code
D. Stare decisis (2 marks)

4. In the context of contract law, which of the following statements is the best description of ‘agreement’?

A. Something of value passing from one party to another in return for a promise to do something
B. An offer by one party and an acceptance by the other
C. The amount of money paid in a contract
D. The parties must intend that their promises create legally enforceable obligations (2 marks)

5. Which of the following statements is correct concerning the “reasonable person” standard in tort law?

A. The reasonable person standard varies from person to person
B. The reasonable person standard focuses on the defendant’s subjective mental state rather than on the defendant’s behavior
C. A person with a physical disability must act as would a reasonable person with the same disability
D. A person with a mental disability must act as would a person with the same mental disability (2 marks)

6. The law as a regulatory tool in a society is important for the following number of reasons, EXCEPT?

A. Prescribes what people cannot do.
B. Informs people of what they can do.
C. Informs people what they must do.
D. Awards a losing party (2 marks)

7. What are the two main general sources of law?

A. Courts and constitution
B. Constitution and legislations
C. Governments and Parliaments
D. Parliament’s statutes and statutes of general application (2 marks)

8. Which of the following is the most accurate meaning of the ‘obiter dictum’ of a case?

A. “Let the decision stand”
B. “Through lack of care”
C. “A matter which has been adjudicated upon”
D. “A saying by the way” (2 marks)

9. The diverse range of interests which the law of torts protects includes the following EXCEPT?

A. Liability for failure to abide by the terms of a contract.
B. Direct interferences with persons and property.
C. Liability for breach of duty to take reasonable care.
D. Breach of statutory duty (2 marks)

10. Which of the following is the correct definition of a ‘tort’?

A. A right to sue another person for damages
B. An infringement of the interests of a person which entitles them to compensation
C. A civil wrong involving a claim for breach of contract
D. A civil wrong other than a claim for breach of contract (2 marks)

11. In regards to the distinction between morality and law, which of the following statements is INCORRECT?

A. The implementation of morality is more mandatory than law
B. Morality is produced earlier than law
C. The scope of moral adjustment is wider than that of law
D. The expression of morality is not as strict as law (2 marks)

12. Which of the following is NOT one of the methods which differentiates civil law from criminal law?

A. In a civil case the party bringing the action is called the Plaintiff; while in a criminal case it is the Republic
B. In a civil case the party bringing the action must establish their case on the balance of probabilities; in a criminal case they must establish their case beyond all reasonable doubt
C. The outcome of a civil trial is usually punishment of the defendant; the outcome of a criminal trial is usually compensation paid by the defendant to the victim
D. Civil law is concerned with disputes between citizen and citizen; criminal law is concerned with disputes between the State and an accused (2 marks)

13. The concept of insurance is?

A. to share losses by many
B. to make money out of death
C. to earn interest
D. to earn a status (2 marks)

14. Which of the following is the best definition of premium?

A. Payment for insurance, which the policyholder is obliged to pay to the insurer in accordance with the contract or the law
B. The amount of money paid by the insurer to the insured upon the occurrence of an insured event
C. The amount of money specified in the insurance contract or established by law in the amount of insurance liability assumed by the insurer
D. None of the above (2 marks)

15. Which is the lowest court of the land?

A. Employment and Labour relations Court
B. Court of appeal
C. Magistrate Court
D. High Court (2 marks)

16. Which of the following is NOT a way of terminating an agency by the parties?

A. Revocation
B. Suing in court
C. Mutual consent
D. Renunciation (2 marks)

17. Which of the following actions does not amount to breach of ‘Professional Ethics’?

A. A physician who refers patients to a specialist in return for monetary favours
B. An auditor who discloses fraud activities to the relevant authorities
C. A lawyer who lies to the Judge
D. A reporter who spreads fake news (2 marks)

18. Identify which among the following is NOT related to sale of goods.

A. Stoppage in transitu
B. Right to lien
C. Right to quiet possession
D. Right to fair hearing (2 marks)

19. Which among the following is NOT true about a Bill of Exchange?

A. It is a conditional order
B. It has 3 parties, drawer, drawee and payee
C. It must order the payment of a “sum certain in money”
D. It is addressed to the drawee (2 marks)

20. Which among the following is NOT a true essential element of a promissory note?

A. It is a conditional written promise made by a person to another
B. It must be signed by the maker
C. It contains an engagement to pay a sum of money
D. The sum is payable on demand or at a fixed or determinable future time (2 marks)

21. One of the following is NOT a function of the Ethics and Anti-corruption Commission (EACC).

A. Prosecuting corruption cases
B. Investigating acts of corruption
C. Develop a code of ethics for state officers
D. Development and promotion of standards and best practices in integrity (2 marks)

22. Which one of the following is TRUE?

A. Morality is enforceable in law
B. Law must comply with morality
C. All immoral acts are illegal
D. Morality is not punishable by law (2 marks)

23. The administrative remedy of certiorari cannot be issued against one of the following bodies

A. Administrative tribunals
B. Subordinate courts
C. The executive
D. Superior Courts (2 marks)

24. Which one of the following is NOT a principle of natural justice?

A. Nemo debet essc judex in propria causa (Doctrine of bias)
B. Audi alterem partem (Fair hearing).
C. Reasoned decisions.
D. Nemo Dat Quad Non Habet (2 marks)

25. In relation to ethics, which one of the following gifts is a state officer NOT allowed to accept in the course of official duties under the Leadership and Integrity Act?

A. A gift that is given as a usual expression of courtesy
B. A gift that does not exceed such value as may be prescribed by EACC
C. A gift that is not monetary
D. A gift given in order to fast track a service (2 marks)

26. A dispute cannot be referred to arbitration in one of the following ways.

A. By one of the parties to the dispute
B. By agreement between the parties to the dispute
C. By a court of law
D. By a third party (2 marks)

27. One of the following is NOT an alternative dispute resolution mechanism.

A. Mediation
B. Traditional dispute resolution mechanisms
C. Reconciliation
D. Judicial determination (2 marks)

28. Which of the following bodies enforces the code of ethics for accountants?

A. Institute of Certified Public Accountants of Kenya
B. Parliamentary Committee for accountants
C. Law Society of Kenya
D. Office of the Auditor General (2 marks)

29. In relation to International Commercial (INCO) Terms FOB means:

A. Fire on Board
B. Finished goods on Board
C. Free on Board
D. Fair Original goods on Board (2 marks)

30. In relation to intellectual property, copyright protection in Kenya lasts for how many years?

A. 70 years from the end of the year in which the author dies
B. 50 years from the end of the year in which the author dies
C. It lasts for the lifetime of the author
D. It lasts in perpetuity (2 marks)

31. Which one of the following is NOT a form of ownership of land in Kenya?

A. Sole ownership
B. Joint ownership
C. Common ownership
D. Ownership by marriage (2 marks)

32. One of the following is NOT a type of property ownership in Kenya.

A. Private Property
B. Public Property
C. Community Property
D. Executive Property (2 marks)

33. Which one of the following fixtures can be removed from land upon expiry of a tenancy?

A. Domestic fixtures that would cause substantial damage to the land
B. Agricultural fixtures affixed to the land
C. Trade fixtures used by the tenant in his/her trade
D. Ornamental fixtures of whatever nature (2 marks)

34. Which one of the following courts is a court of original jurisdiction?

A. The Supreme Court
B. The County Court
C. The High Court
D. The Court of Appeal (2 marks)

35. One of the following persons nominates Judges of the Court of Appeal in Kenya.

A. The President
B. The Chief Justice
C. The Chief Registrar of the Judiciary
D. The Judicial Service Commission (2 marks)

36. Which one of the following persons can refer a dispute to the Kadhi’s Court for resolution in Kenya.

A. Any person can refer a dispute to the Kadhi’s Court
B. Parties to a dispute on marriage who profess the Muslim faith
C. The Chief justice
D. Any person affected by the dispute directly or indirectly (2 marks)

37. Under what circumstances may oral evidence be admissible to vary the terms of a written contract?

A. Oral evidence cannot be admitted to vary the terms of a contract
B. Where a party signed the contract without reading it
C. Where the contract is subject to a particular trade usage and custom
D. Where the term is contained in another contract which forms part of the contract in question (2 marks)

38. Under what circumstances is the defense of Volenti Non Fit Injuria available?

A. Where the act was caused by an act of God
B. Where the injury was caused by a third party
C. Where the plaintiff agreed to undertake the risk with full knowledge
D. Where the defendant was not fit to cause the injury (2 marks)

39. The law is a set of__________________from a recognised authority that govern the conduct of persons in society.

A. Proposals
B. Rules and regulations
C. Suggestions
D. Views (2 marks)

40. Which of the following is NOT a function of law in your country?

A. Provide mechanisms for resolving disputes
B. Giving binding effect to private choices
C. Protect individual rights
D. Eliminate disputes in society (2 marks)

41. Which of the following equitable remedies means that the defendant should abstain from wrongdoing?

A. Specific performance
B. Rectification
C. Injunction
D. Rescission (2 marks)

42. The principle of separations of powers is meant to ensure an accountable government, which of the following statements is TRUE about this principle?

A. Division of government responsibilities into distinct branches
B. Parliament can legislate to limit the powers of the executive
C. The political authority of the state is divided into legislative, executive and judicial powers
D. The three powers must be separate and act independently (2 marks)

43. Mediation is an Alternative Dispute Resolution mechanism that features a neutral third party known as the mediator. Which of the following statements is correct about a mediator?

A. The mediator appoints himself.
B. A mediator helps the disputing parties to come up with an amicable solution to their problem
C. The mediator decides on the best solution settled on the dispute at hand
D. The mediator’s decision can be enforced in a court of law (2 marks)

44. Arbitration is an Alternative Dispute Resolution Mechanism used to resolve different kinds of disputes. Which of the following disputes below does NOT fall within the jurisdiction of arbitration?

A. A family dispute between a husband and wife
B. A contractual dispute between a buyer and seller of goods
C. A property dispute over theft of goods
D. A construction dispute between a construction contractor and the property owner (2marks)

45. The Arbitration Act requires that arbitral awards be in a certain form to be considered valid. Which of the following is NOT an essential element of a binding arbitration award?

A. It must be accepted by all the parties
B. It must be dated
C. It must be signed
D. It must state the place where the decision was made. (2 marks)

46. The Supreme Court of Kenya as the apex court has certain powers vested. Which of the following is NOT a power vested in the Supreme Court?

A. The power to make rules to determine its procedure.
B. The power to advise any government organ on legal matters upon receiving an application.
C. The power to hear and determine election petitions relating to elections of the President of the Republic
D. The power to order the termination of judicial proceedings before a subordinate court (2 marks)

47. A person’s domicile refers to the country of permanent residence, determining a person’s domicile may be important in respect to?

A. Determining the payment of taxes
B. Enjoyment of the amount of money to hold in one’s bank account
C. Determining the tribe of a spouse
D. Purchase of goods and services (2 marks)

48. Kenyan citizenship may be acquired by a number of ways. Which of the methods CANNOT be used to acquire Kenyan citizenship?

A. Purchase of Nationality
B. Birth
C. Registration
D. Naturalisation (2 marks)

49. The legal maxim of ________________________ is used to refer to damages without injury.

A. Volenti non-fit injuria
B. Res ipsa loquitur
C. Damnum sine injuria
D. Injuria sine damnum (2 marks)

50. Vicarious liability arises where liability for losses caused by one person is transferred to another person. Under which relationship may vicarious liability not arise?

A. Parent and Child
B. Instructor and Learner
C. Master and Servant
D. Husband and Wife (2 marks)

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