MONDAY: 4 December 2023. Afternoon Paper. Time Allowed: 2 hours.

This paper is made up of fifty (50) Multiple Choice Questions. Answer ALL questions by indicating the letter (A, B, C or D) that represents the correct answer. Each question is allocated two (2) marks. Do NOT write anything on this paper.

1. Which of the following is an example of substantive law?

A. Procedural rules for filing a lawsuit
B. Laws governing formation of contracts
C. Regulations outlining penalties for theft
D. Rules for presenting evidence in court (2 marks)

2. Which branch of law deals with the relationship between individuals and the government?

A. Constitutional law
B. Administrative law
C. Criminal law
D. Contract law (2 marks)

3. What is a distinguishing feature of international law?

A. It applies within sovereign nations
B. It is not legally binding
C. It is primarily enforced by police and courts
D. It governs relations between countries (2 marks)

4. Which of the following is the highest source of law in Kenya?

A. Common Law
B. Constitution
C. Statutes
D. Case Law (2 marks)

5. Which of the following is TRUE about international treaties and conventions under the Kenyan law?

A. They have no influence on Kenyan law
B. They are automatically adopted as Kenyan law
C. They require legislative enactment to become part of Kenyan law
D. They are only relevant in cases involving foreign nationals (2 marks)

6. Which of the following is TRUE about judicial precedent in Kenyan law?

A. It is not considered a source of law in Kenya
B. It is binding on lower courts as a source of law
C. It only applies in criminal cases
D. It is used exclusively in civil litigation (2 marks)

7. Which branch of ethics below is concerned with determining what is right or good?

A. Metaethics
B. Normative ethics
C. Applied ethics
D. Descriptive ethics (2 marks)

8. Which of the following is a key objective of the Public Officers Ethics Law in Kenya?

A. To promote corruption and unethical behavior among public officers
B. To provide legal protection for public businesses
C. To establish a framework for promoting and upholding ethical conduct among public officers
D. To limit access to public information (2 marks)

9. What is the role of Ethics and Anti-Corruption Commission?

A. To facilitate tax collection for the government
B. To investigate and prevent corruption among public officers
C. To provide legal advice to government officials
D. To manage public resources (2 marks)

10. Which Kenyan legislation aims to promote integrity, ethics, and values in public service?

A. Public Officers Ethics Act
B. Anti-Corruption and Economic Crimes Act
C. Leadership and Integrity Act
D. Public Procurement and Asset Disposal Act (2 marks)

11. Which government agency in Kenya is responsible for promoting and regulating Alternative Dispute Resolution methods?

A. The Judiciary
B. The Kenya Law Reform Commission
C. The Alternative Dispute Resolution Taskforce
D. The Center for Alternative Dispute Resolution (2 marks)

12. The following are unethical practices in online business transactions, EXCEPT________.

A. Unreliability
B. Dishonesty
C. Trust
D. Account manipulation (2 marks)

13. Which government agency is responsible for business registration in Kenya?

A. Kenya Investment Authority (KenInvest)
B. Business Registration Service (BRS)
C. Kenya Revenue Authority (KRA)
D. Capital Markets Authority (CMA) (2 marks)

14. Who among the following presides over a Court’s Martial proceeding in Kenya?

A. Civilian judge
B. Military officer
C. Chief Justice of Kenya
D. President of Kenya (2 marks)

15. Which of the following BEST describes a tort in legal terms?

A. It is a criminal offense
B. It is a civil wrong or injury
C. It is a breach of contract
D. It is a breach of trust (2 marks)

16. Which of the following is an example of strict liability tort?

A. Product liability
B. Defamation
C. Assault
D. Fraud (2 marks)

17. Under the law of tort, which of the following is considered a general defense that may excuse or mitigate a defendant’s liability for a tortious act?

A. Necessity
B. Strict liability
C. Contributory negligence
D. Proximate cause (2 marks)

18. Which of the following is an example of a unilateral contract?

A. Sale of goods
B. Lease agreement
C. Reward offer for lost property
D. Partnership agreement (2 marks)

19. Which of the following describes undue influence in contract law?

A. It occurs when one party exerts pressure on the other party in an unfair manner, leading to lack of free
will in making the contract
B. It is a type of misrepresentation involving false statements of fact
C. It refers to the failure to disclose important information during contract negotiations
D. It involves making threats to force a party into a contract (2 marks)

20. In a sale of goods contract, what does “implied condition as to quality or fitness” mean?

A. Goods must be of satisfactory quality and fit for their purpose
B. Goods must be of highest quality available in the market
C. Goods must meet the buyer’s subjective expectations
D. Goods must be brand new and never used (2 marks)

21. The body of law which establishes rights between persons and provides for redress for violation of those rights is known as _____________________.

A. Civil law
B. Equity law
C. Criminal law
D. Substantive law (2 marks)

22. In relation to the law of contract, the advertisement under consideration in Carlill v Carbolic Smoke Ball Company was determined by the court to be which of the following?

A. A statement of intention
B. An offer
C. An invitation to treat
D. Of no legal effect whatsoever (2 marks)

23. A patent is an intellectual Property Right given for _______________________.

A. Company names
B. Trade marks
C. Inventions
D. Artistic works (2 marks)

24. An invitation to treat may take the following forms, EXCEPT _______________.

A. Sale of necessaries
B. Auction
C. Display of goods in a shop window
D. Advertisement of goods periodically (2 marks)

25. Winding up of a company may be initiated in the following ways, EXCEPT ______________.

A. Member’s winding up
B. Creditor’s winding up
C. Winding up subject to supervision of the court
D. Winding up due to complaints of the liquidator (2 marks)

26. Which of the following is NOT a characteristic of Criminal law?

A. A prosecutor initiates a case
B. Its proof is beyond reasonable doubt
C. Remedies include specific performance
D. It maintains order in the society (2 marks)

27. Which of the following is NOT a way of determining if a matter is of a criminal or civil nature?

A. Law
B. Parties
C. Burden of proof
D. Remedies (2 marks)

28. Statute law refers to ___________________.

A. Laws created by the judges through the deciding of cases
B. The doctrine that seeks to mitigate the harshness of the common law by deciding cases based on fairness and equality
C. The body of law that regulates the relationship between the State and its citizens
D. The body of laws created by Parliament in the form of legislation (2 marks)

29. Which of the following is a set of principles and expectations that are considered binding on any person who is a member of a particular group?

A. Ethics
B. Code of ethics
C. Morality
D. Values (2 marks)

30. In an instance of an accepted bill of exchange, the liability of the drawee is _________________.

A. Secondary and conditional
B. Secondary and unconditional
C. Primary and unconditional
D. Primary and conditional (2 marks)

31. In the absence of a partnership deed, how are profits divided among the partners in a partnership?

A. Depending on work load
B. Equally
C. Unequally
D. Depending on capital invested (2 marks)

32. Which of the following agents gets extra remuneration?

A. Del credere agent
B. Sub agent
C. Broker
D. General agent (2 marks)

33. In which scenario is a sole proprietorship most favorable to form?

A. In large scale operations
B. In medium scale operations
C. In small scale operations
D. In big scale operations (2 marks)

34. A conciliator is appointed by ______________________.

A. The parties to the dispute
B. The Chief Justice
C. The Civil Court
D. Attorney General (2 marks)

35. Copyright, patents and trademarks are examples of___________________.

A. Protocols
B. Cyber laws
C. Ethics
D. Intellectual property rights (2 marks)

36. Which of the following two branches of civil law are the most relevant in the context of insurance?

A. Torts and trust law
B. Contract and property law
C. Property and trust law
D. Torts and contract law (2 marks)

37. Which of the following is NOT an interest in land?

A. Estate
B. Ownership
C. Servitude
D. Encumbrance (2 marks)

38. Which of the following is a way of terminating an agency contract by act of the parties?

A. Ratification
B. Renunciation
C. Death of a party
D. Bankruptcy (2 marks)

39. Which of the following is NOT a domestic source of law?

A. Case law
B. Legislation
C. Treaties
D. Delegated legislation (2 marks)

40. Which of the following is NOT within the power and jurisdiction of an arbitral tribunal to issue?

A. An ex-parte order
B. An interim award
C. An insolvency award
D. An award (2 marks)

41. Which statement BEST describes a Bill in the law-making process?

A. It is a statute in draft
B. It is a statute assented by the president
C. It is an amendment of existing law
D. It is a policy statement (2 marks)

42. Which of the following is NOT a condition which must be met for an African Custom to be relied upon as law?

A. It must be reasonable
B. It must have been observed since time immemorial
C. It must be evidenced in writing
D. It must conform with statute law (2 marks)

43. Which one the following statements is TRUE in relation to domicile of origin?

A. An infant born legitimate acquires the domicile of the mother
B. An infant adopted by spouses acquires the domicile of the mother
C. An infant adopted acquires the domicile of the adopter
D. An infant born after the father’s death adopts the domicile of the mother as at the date of death (2 marks)

44. Which of the following is NOT a ground for judicial review?

A. Unreasonableness
B. When there is a judicial error
C. When there is abuse of power
D. Over demanding processes (2 marks)

45. Which one of the following reasons explains why independence of the judiciary should be promoted?

A. It allows judges to rule according to their personal beliefs
B. It ensures the members of the judiciary have no accountability for their actions
C. It promotes the rule of law
D. It enables judges to be in office for an unlimited period of time (2 marks)

46. Which one of the following is NOT an advantage of tribunals over courts?

A. It is cheaper to handle a dispute through tribunals
B. Tribunals may have unregulated discretion
C. Tribunals are less technical
D. Tribunals are specialised and rely on expert knowledge (2 marks)

47. Which one of the following is NOT a function of the rent tribunal?

A. To facilitate appeals to the court
B. To facilitate recovery of rent arrears
C. To assess the standard rent of premises
D. To facilitate vacant possession of premises (2 marks)

48. The following are reasons why parliament delegates law making powers to other persons, EXCEPT __________.

A. Parliament is not always in session
B. Parliament is not composed of experts in all fields
C. Delegated legislation is simpler to understand
D. Inadequate parliamentary time (2 marks)

49. Which one of the following is a MERIT of mediation?

A. Mediation is conducted in private
B. Mediation does not create precedents
C. Mediation is voluntary and the parties may refuse to enter into it
D. Mediation does not give binding decisions (2 marks)

50. Which one of the following is TRUE about private companies?

A. There must be a minimum of two persons
B. Shares are freely transferrable
C. They limit the number of members to twenty
D. They prohibit the members of the public from subscribing to their shares (2 marks)

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