OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM APRIL 2023 PAST PAPER

TUESDAY: 25 April 2023. Morning Paper. Time Allowed: 3 hours.

Answer ALL questions by indicating the letter (A, B, C or D) that represents the correct answer. This paper is made up of one hundred (100) Multiple Choice Questions. Each question is allocated one (1) mark.

1. Fraud can be prosecuted as a civil or criminal case. Which of the following is NOT a reason why a fraud victim may decide to take civil action?

A. A fraud victim may decide to take civil action to fast track recovery through damages remedy
B. A fraud victim may decide to take civil action to avoid negative publicity
C. A fraud victim may decide to take civil action because of high burden of proof for a criminal case
D. None of the above

2. Which of the following statements is ACCURATE in relation to burden and standard of proof in common and civil law legal systems?

A. In the common law legal system, the burden of proof for criminal trials, rests with the parties to the litigation
B. The standard of proof for civil trials in both the common and civil legal system is inner conviction of the judge and preponderance of evidence respectively
C. The burden of proof for a civil suit, in the common law jurisdictions rests with the parties to the litigation
D. The burden of proof for a civil suit in the common law jurisdictions rests with the plaintiff

3. Which of the following statement is ACCURATE under the United Nations’ International Covenant on Civil and Political Rights (ICCPR) for those accused of crimes, in regard to presumption of innocence until proven guilty?

A. An accused person is presumed innocent until sufficient evidence is collected to prove the accused committed the crime
B. An accused person is presumed innocent even when there is sufficient evidence to prove the accused
individual committed the alleged crime
C. A person accused of a crime is presumed a criminal
D. A person accused of a crime must be proven guilty by a court of law if the prosecution present evidence to prove the individual committed the alleged crime

4. Which of the following statement is CORRECT in regard to fact finders in common law jurisdictions?

A. In the common law jurisdictions, that use juries, judges cannot be fact finders
B. In adversarial jurisdictions, that use juries, judges can be fact finders
C. In adversarial jurisdictions, that use juries, the juries must be the fact finders
D. In adversarial jurisdictions, judges can only be fact finders in serious criminal cases

5. Which of the following is CORRECT in regard to the standard of proof in a civil trial in adversarial jurisdictions?

A. Beyond reasonable doubt
B. Inner conviction of the judge
C. Preponderance of evidence
D. None of the above

6. Inquisitorial jurisdictions conduct sworn testimony given by a party or witness upon questioning by counsel for one of the parties. Which of the following BEST describes the type of testimony?

A. Cross-examination
B. Oral examination
C. Direct examination
D. None of the above

7. In most civil law jurisdictions, which of the following is one of the documents used as a charging document in criminal cases?

A. Affidavits
B. Indictment or petition                                                                                                                                               C. Information
D. None of the above

8. Which of the following statement is CORRECT in regard to questioning of witnesses in the inquisitorial and adversarial jurisdictions?

A. In adversarial jurisdictions, the parties’ advocates conduct the questioning
B. In inquisitorial jurisdictions, the parties’ advocates conduct the questioning
C. In both adversarial and inquisitorial jurisdictions, the parties’ advocates conduct the questioning
D. In both adversarial and inquisitorial jurisdictions, the judge conducts the questioning

9. Which of the following statements is ACCURATE about prosecution bargaining agreement in inquisitorial and adversarial jurisdiction?

A. Bargaining agreements are more commonly used in criminal cases only in adversarial jurisdictions
B. Bargaining agreements are more commonly used in criminal cases only in inquisitorial jurisdictions
C. Bargaining agreements are used in both criminal and civil cases in adversarial and inquisitorial jurisdictions
D. Bargaining agreements are only used in criminal cases in both adversarial and inquisitorial jurisdictions

10. Which of the following is ACCURATE in regard to closing arguments in a criminal case in an adversarial jurisdiction?

A. Only the prosecution makes its closing points and try to convince the jury or judge to convict
B. Only the defence makes its closing points and try to convince the jury or judge to convict
C. The closing points are made by the trial judge as part of his/her judgement
D. None of the above

11. Which of the following is NOT correct in regard to the burden of proof in inquisitorial jurisdictions?

A. In inquisitorial jurisdictions neither party has strict burden of proof
B. In inquisitorial jurisdictions the presiding judge has the responsibility to look for evidence for both parties to the proceedings
C. In inquisitorial jurisdictions the prosecution has the burden of proof
D. All the above

12. Which of the following is statement is ACCURATE in regard to administrative law?

A. Administrative proceedings are governed by procedural law
B. Administrative law is a type of both substantive and procedural law
C. Administrative law is a type of procedural law
D. Procedural law does not govern administrative proceedings

13. Which of the following statement is NOT accurate in regard to jurisdiction to hear a certain case?

A. Jurisdiction to hear and determine a case is based on where the offence occurred
B. Jurisdiction to hear and determine a case is based on where the defendant resides
C. Jurisdiction to hear and determine a case is based on where the plaintiff resides
D. All the above

14. Which of the following statements is NOT accurate in regard to the sources of law in inquisitorial jurisdictions?

A. Inquisitorial jurisdictions judges are bound by codified statutes or compiled statutes
B. Inquisitorial jurisdiction can use previous decisions to interpret the statutes
C. Inquisitorial jurisdiction has two sources of law, case law and codified principles
D. None of the above

15. Which of the following statements is NOT accurate in regard to sources of law in civil law legal systems in criminal offences like fraud and corruption?

A. In inquisitorial jurisdictions, judges can only apply codified principles in criminal cases
B. In civil law legal systems judges are not bound by the court precedent
C. Judges in civil law legal systems can use court precedent to interpret codified statutes
D. None of the above

16. Which of the following statement is CORRECT about alternative dispute resolution?

A. Arbitration is always biding
B. Mediation is non-binding
C. Arbitration is non- binding.
D. None of the above

17. Which of the following statement is NOT accurate in regard to civil countersuits?

A. A plaintiff in another civil trial cannot be a defendant in another suit
B. A defendant in another civil trial can be a plaintiff in another civil trial
C. A plaintiff in another civil trial can be a defendant in another civil trial
D. None of the above

18. In the civil law legal system, which of the following statement is ACCURATE in regard to juries?

A. Inquisitorial jurisdictions do not allow jury challenge
B. Inquisitorial jurisdictions can only allow jury challenge for a just reason
C. Inquisitorial jurisdictions can allow jury peremptory challenge
D. None of the above is accurate

19. There are two major legal systems in the world, and any country will be in either the common or civil law. Which of the following BEST describe the processes the civil and common law legal system use to discover evidence?

A. Oral discovery
B. Written discovery
C. Inquisitorial and adversarial respectively
D. Adversarial and inquisitorial respectively

20. Which of the following Kenyan law sets the rules and procedures to be followed to determine civil cases?

A. Substantive law
B. Civil Procedure Act
C. Procedural law
D. Case law

21. Which of the following Kenyan law sets the rules and procedures to be followed to determine criminal trials?

A. Evidence Act
B. Civil Procedure Act
C. Criminal Procedure Act
D. Common law

22. Which of the following law is NOT created by legislature?

A. Administrative law
B. Statutory law
C. Procedural law
D. None of the above

23. Which of the following is a type of procedural law?
A. Administrative law
B. Statutory law
C. Evidence Act
D. None of the above

24. Which of the following is NOT a type of substantive law?
A. Case law
B. Statutory law
C. Penal Code
D. None of the above

25. Which of the following statement is NOT accurate regard to international laws?

A. International law is a body of law created by international legislatures and observed by nations
B. International laws define the nations legal responsibilities for their conduct when dealing with each other
C. International law is primarily enforced through diplomacy
D. None of the above

26. Which of the following statements is NOT accurate about the discovery of evidence process in criminal proceedings in adversarial jurisdiction?

A. Most of the discovery process occurs in the trial phase of the litigation process
B. The parties to the litigation request limited information from each other during the pretrial stage
C. The parties to the litigation drive the discovery of evidence
D. None of the above

27. In adversarial jurisdictions, which of the following statement is NOT accurate in regard to civil trials evidence

A. The standard of proof for civil trials in adversarial jurisdictions is preponderance of evidence
B. Adversarial jurisdictions favor testimonial evidence
C. In adversarial jurisdictions, the evidentiary record is available at the outset of the trial
D. None of the above

28. Which of the following BEST describe the type of remedy a plaintiff, would be seeking when they have already been awarded damages in a civil suit

A. Injunction
B. Damages
C. Equitable remedy
D. Declaratory remedy

29. Which of the following statement BEST describe the civil litigation process in the adversarial jurisdictions?

A. The plaintiff presents the evidence first
B. The defendant presents the evidence first
C. The presiding judge presents the evidence first
D. The prosecutor presents the evidence first

30. Which of the following statement BEST describe the civil litigation process in the inquisitorial jurisdictions?

A. The plaintiff presents the evidence first
B. The defendant presents the evidence first
C. The presiding judge presents the evidence in court for both sides
D. The prosecutor presents the evidence first

31. Which of the following statement BEST describe the criminal trial process in the adversarial jurisdictions?

A. The criminal defendant presents the evidence first
B. The prosecution presents the evidence first
C. The presiding judge presents the evidence first
D. The victim’s counsel presents the evidence first

32. Which of the following is NOT a good reason why some organisations may not prefer using criminal justice system for fraudulent or corrupt activities against them?

A. An organisation may prefer not to follow criminal justice system if the fraud or corruption is immaterial
B. An organisation may not prefer to follow criminal justice system to avoid negative publicity
C. An organisation may not prefer to follow criminal justice system because the standard of proof for criminal cases including corruption is very high
D. An organisation may not prefer to follow criminal justice system if their main objective is to recover losses through other justice systems

33. Which of the following statements is ACCURATE in regard to sources of law in the adversarial jurisdictions for fraud and corruption cases?

A. The primary source of law in the adversarial jurisdictions for fraud and corruption cases is the statues
B. The primary source of law in the adversarial jurisdictions for fraud and corruption cases is the case law
C. The primary source of law in the adversarial jurisdictions for fraud and corruption cases is the common law
D. The primary source of law in the adversarial jurisdictions for fraud and corruption cases is the codified
principles

34. Which of the following statements is ACCURATE in regard to a civil action for fraud cases?

A. Fraud being a criminal offence, cannot be determined through alternative dispute resolution
B. Fraud being a criminal offence, cannot be determined through civil legal justice
C. Fraud being a criminal offence, cannot be determined through administrative justice
D. Fraud is a criminal offence but, can be determined through three forms of justice, criminal, civil and
administrative

35. Which of the following body of law is NOT related to fraud and corruption?

A. Statutory law
B. Substantive law
C. Administrative law
D. None of the above

36. Which of the following is NOT a type of procedural law?

A. Criminal procedure Act
B. Bribery Act, 2016
C. Civil procedure Act
D. Evidence Act

37. Which of the following statements ACCURATE in regard to the choice of law in international fraud cases?

A. The courts will not consider the nationality of the parties to the litigation
B. The courts will not consider the jurisdiction in which the claim arose
C. The courts will consider the current physical address of the parties in litigation
D. All of the above

38. Which of the following statement is ACCURATE in regard to the pre-trial process in adversarial jurisdictions in a criminal trial?

A. The parties to the litigation are entitled to all the information and evidence to be used by the opposition during trial
B. Only the defence is allowed to discover evidence to be used by the prosecution
C. Only the prosecution is allowed to discover evidence to be used by the defence
D. The parties to the litigation are not entitled to discover any exhibits that will be used by the opposition during trial

39. Which of the following BEST describes the body of law that provides remedies for violation of individual private rights?

A. Civil law
B. Procedural law
C. Constitutional law
D. None of the above

40. Basically law can be categorised as either substantive or procedural law. Which of the following statement is ACCURATE in regard to the law of evidence?

A. The law of evidence is categorised as a public law
B. The law of evidence is categorised as substantive law
C. The law of evidence is categorised as a criminal law
D. None of the above

41. In the inquisitorial jurisdictions which party is responsible for gathering evidence?

A. The trial judge
B. The parties’ attorneys
C. The presiding judge
D. None of the above

42. Which of the following legal defenses BEST describe an appropriate defendant’s defence when a law enforcement officer or official induces someone to commit a crime he was not disposed to committing?

A. Alibi
B. Legal Impossibility
C. Entrapment
D. Mistake

43. Under the United Nations International Covenant on Civil and Political Rights for persons accused of a crime (ICCPR), which of the following is NOT one of the rights?

A. Presumption of innocence
B. Right to appeal
C. Right not to be examined
D. None of the above

44. Which of the following statement is ACCURATE in regard to discovery of evidence for civil cases in the adversarial jurisdictions?

A. The discovery occurs in examination phase
B. The discovery occurs in investigation phase
C. The discovery occurs during trial phase
D. None of the above

45. Which of the following is NOT accurate in regard to the discovery of evidence in criminal trials in the inquisitorial jurisdictions?

A. The discovery of evidence is driven by the trial judge
B. The discovery of evidence is conducted during pre-trial
C. The discovery of evidence is driven by the parties to the litigation
D. None of the above

46. In adversarial jurisdictions which of the following statement is NOT accurate in regard to when the duty to preserve documents that are relevant to the facts in issue begin?

A. The duty to preserve the documents start when the court proceedings commence
B. Failure to preserve documents relevant to a litigation is a violation of the other party’s rights
C. Failure to preserve documents relevant to a litigation is a separate offence in addition to the facts in issue
D. None of the above

47. Evidence, relevant to a civil suit must be preserved when litigation is anticipated. In the inquisitorial jurisdiction, which of the following parties has responsibility for preserving evidence?

A. The trial judge has the responsibility to advise when and which documents should be preserved
B. The parties to the litigation have the responsibility to decide when to preserve evidence
C. Both the court and the parties to the litigation have the responsibility to decide when to preserve evidence
D. None of the above

48. Which of the following statements is NOT accurate about arbitration?

A. Fraud cases can also be resolved through arbitration
B. Fraud cases cannot also be resolved through arbitration because fraud is a criminal offence
C. Fraud cases can also be resolved through arbitration and the arbitrator’s decision shall be binding if the parties had agreed that they will be resolving their disputes through arbitration and the arbitrator’s decision shall be binding
D. All the above

49. Which of the following is ACCURATE in regard to Court of Appeal in the common law jurisdictions?

A. The Court of Appeal can overturn a lower court decision, and make new determination of the facts in issue
B. The Court of Appeal can overturn a lower court decision, and refer the case back to a lower court for a fresh trial
C. The Court of Appeal can overturn a lower court decision, make new determination and review the law
D. All the above

50. In a civil suit in the common law jurisdictions, which of the following is an example of declaratory remedy?

A. Compensation for damages caused by the defendant
B. A court order to perform or to refrain from an action
C. A court interprets a will, contract or ownership of property
D. None of the above

51. The second phase of a litigation process featured in most inquisitorial jurisdictions is referred to as:

A. The pre-trial phase
B. The trial
C. Investigation phase
D. None of the above

52. Which of the following statement in regard to a civil appellate court in a Kenya jurisdiction is ACCURATE?

A. The civil appellate court can obtain more expert opinions
B. The civil appellate court can obtain more documentary evidence
C. The civil appellate court can obtain more witnesses testimony
D. None of the above

53. Which of the following statement is MOST accurate in regard to burden of proof in criminal trials in civil law legal systems?

A. The prosecution has the burden of proof
B. The criminal defendant has the burden of proof
C. Both the parties to litigation have a burden of proof
D. None of the above

54. Which of the following statement is NOT accurate in regard to the advocate’s role in criminal fraud litigation proceeding in Kenya jurisdiction?

A. The advocates obtain documentary evidence from each other during pre-trial
B. The defense advocate will conduct a cross-examination of the prosecution witnesses
C. The prosecution counsel conduct examination in-chief and re-examination of the prosecution witness
D. None of the above

55. Which of the following statement is NOT accurate in regard to court of appeal in the adversarial jurisdictions?

A. In adversarial jurisdictions the appellate court cannot reverse a factual finding of a lower court if there is an
obvious mistake, and refer the case to the high court
B. In adversarial jurisdictions the court of appeal cannot review both issues of evidence and law
C. In adversarial jurisdictions the appellate court cannot review issues of evidence
D. None of the above

56. Which of the following statement is NOT accurate in regard to the court of appeal in civil law jurisdictions?

A. In the civil law legal system, the appellate court can reverse determination of fact by a lower court and make fresh determinations
B. In the civil law legal system, the appellate court can review both issues of facts and law
C. In civil law jurisdictions, there are no special cases where the appellate court cannot review both issues of facts and law
D. None of the above

57. Which of the following is NOT accurate about common law legal systems?

A. Common legal systems favor documentary evidence for fraud cases
B. In common legal systems the prosecutor should serve the defendant with exculpatory evidence
C. In common legal systems the prosecutor should serve the defendant with inculpatory evidence
D. In common law legal systems, juries are commonly used as fact finders in judicial proceedings

58. Which of the following is a type of a legal remedy in a civil case?

A. Judgement
B. Sentencing
C. Incarceration
D. None of the above

59. Which of the following statement is NOT accurate in regard to recovery of losses caused by dishonest employees?

A. An organisation can take a fidelity cover which is commensurate to the risk of fraud by employees
B. The organisation should report to the insurance company immediately when the fraud is discovered
C. The insured should conduct an internal investigation and prepare report for the insurance company
D. None of the above

60. Which of the following statements in regard to civil trials in adversarial jurisdictions is NOT accurate?

A. Only the defendant has the duty to preserve evidence relevant to the litigation
B. Parties to the litigation can make a request for the other party to turn over a specific document
C. Any party to the litigation can be questioned by the other party through a written examination
D. None of the above

61. Which of the following statement is ACCURATE in regard to criminal proceedings in inquisitorial jurisdictions?

A. The Juries panel is composed of only professional judges
B. The litigants are allowed peremptory challenge
C. The litigants are allowed to challenge jurors for a just reason
D. None of the above

62. In criminal proceedings in adversarial jurisdictions, which of the following is ACCURATE in regard to discovery of evidence during judicial process?

A. The prosecution has more rights than the defense in discovery of evidence
B. The defendant has more rights than defense in discovery of evidence
C. The prosecution has the right to attorney work product of the defense
D. None of the above

63. In a criminal fraud case where intent is an element of crime, which of the following is a proper defense?

A. Ignorance of the law
B. Alibi
C. Legal impossibility
D. Mistake

64. In corporate criminal liability, the corporate has absolute liability for the misconduct of another party committed in the course of their duties on behalf of the corporate. Which of the following BEST describe this liability?

A. Strict liability
B. Corporate liability
C. Damages liability
D. Vicarious liability

65. In a jurisdiction that recognises the United Nations International Covenant on Civil and Political Rights (ICCPR).
Which of the following BEST describes exemption of a search warrant for a law enforcement officer to conduct a seizure or arrest?

A. When the offence occurs in the suspect’s office
B. Arresting a suspect in his own home
C. Arresting a suspect in a club
D. None of the above

66. John is the Chief Executive Officer of ABC Company. John has admitted that the financial performance and financial position of the company were materially misrepresented. Which of the following should the investigator make sure is included in John’s statement?

A. That the misrepresentation was an error
B. That the misrepresentation was due to lack of skills and knowledge in financial reporting
C. That John knew that the financial statements are materially misrepresented
D. All the above

67. Which of the following statements BEST describes a custodial arrest?

A. A custodial arrest occurs when the suspect is arrested by the law enforcement officer
B. A custodial arrest occurs when a suspect is informed by the law enforcement that he is free to leave
C. A custodial arrest occurs when the suspect is booked into a police station
D. None of the above

68. Which of the following statement is NOT accurate in regard to the company’s vicarious liability?

A. An organisation can be vicariously liable for offences committed by employees in the course of their
employment
B. An organisation can be vicariously liable for offences committed by their consultants while working on their behalf.
C. If management was not aware of the employee’s offences the company will still be vicariously liable.
D. None of the above

69. In a criminal case in common law legal system, which of the following is charging document for serious criminal cases?

A. An affidavit
B. An indictment
C. An arrest warrant
D. A petition

70. Which of the following statements is ACCURATE in regard to jury’s verdict in criminal trial in the adversarial jurisdiction?

A. The jury’s verdict must be unanimous in serious criminal cases only
B. The jury’s verdict does not have to be unanimous
C. The jury’s verdict will go by the majority
D. None of the above

71. Which of the following is NOT accurate under, The United Nations International Covenant on Civil and Political Rights (ICCPR) right to fair hearing of those accused of crime?

A. Right to adequate time to prepare for trial
B. Freedom from arbitrary arrests and searches
C. Right to be tried without unnecessary delays
D. None of the above

72. Which of the following is NOT an example of a pre-trial motion in adversarial jurisdictions?

A. Motion for summary judgment
B. Motion of change of venue
C. Motion of admissibility of evidence
D. None of the above

73. In common law legal systems in civil cases, which of the following refers to an oral sworn examination conducted by the opposing counsel during pre-trial?

A. Direct examination
B. Interrogation
C. Cross examination
D. None of the above

74. Which of the following BEST describes the pretrial discovery process in civil cases?

A. Re-examination
B. Pre-trial conference
C. Written examination
D. All the above

75. Fraud examiners and investigators should have good knowledge of law, EXCEPT which one of the following?

A. Substantive laws related to fraud and corruption
B. The criminal and civil procedure law
C. The rule of evidence
D. None of the above

76. Which of the following statement is NOT accurate in regard to domestic judgments against a foreign defendant?

A. The judgement can enforce seizure of the defendant’s assets located in the domestic country
B. The judgement can enforce seizure of the defendant’s assets located in the foreign jurisdiction whose internal laws recognise the judgement
C. The judgement can enforce seizure of the defendant’s assets located in the foreign jurisdiction that has a treaty with the domestic for the enforcement of judgements
D. None of the above

77. In civil trials in the civil law jurisdictions, the evidentiary record is usually created at what phase of the trial process?

A. During examination phase
B. During the investigation phase
C. At the pre-trial stage
D. Trial

78. In civil proceeding in the common law jurisdiction, which of the following is NOT accurate in regard to litigation privileges?

A. Litigation privileges protects information provided by a client to an attorney in order to seek legal advice
B. Litigation privileges protect information provided to third party consulting expert
C. Litigation privileges protects communications or documents prepared in anticipation for litigation
D. None of the above

79. Which of the following statement is NOT accurate in regard to cross examination of witnesses in adversarial jurisdictions like Kenya?

A. In most adversarial jurisdictions, the accused have the right to cross examine any witness called by the prosecution
B. In most adversarial jurisdictions, the accused has the right to cross examine a court appointed expert witness
C. In most adversarial jurisdictions, the witnesses are appointed by the parties to the litigation
D. None of the above

80. Which of the following statement is NOT accurate in regard to witnesses in the civil legal systems?

A. In most civil law systems, the accused cannot cross examine the primary witness
B. In most civil law systems, the accused has the right to question the court appointed witness
C. In most civil law systems, the court appoints witnesses for the parties to the litigation
D. None of the above

81. Which of the following is NOT accurate in regard to deferred prosecution agreement?

A. Deferred prosecution agreement is an efficient method of handling corporate misconduct
B. They help in mitigating the risk of illegal practices
C. They encourage an organisation to have an effective compliance program in place
D. None of the above

82. Which of the following statements is NOT accurate in regard administrative laws?

A. Administrative laws are a type of statutory law
B. Administrative laws are a type of substantive law
C. Administrative laws are not a type of Procedural law
D. None of the above

83. Which of the following statement is NOT accurate in regard to sources of law?

A. The main source of law in Kenya jurisdiction for criminal trials is the statutory law
B. Most common law legal systems are moving away from the use of the common law and developing criminal statues
C. Kenya jurisdiction heavily applies statutory law in criminal cases
D. None of the above

84. Which one of the following statements is ACCURATE with regard to burden of proof in civil and common law legal systems?

A. The standard of proof for a criminal trial in inquisitorial jurisdiction is higher than the standard of proof for a civil trial
B. The standard of proof for a civil trial in the inquisitorial jurisdiction is lower than the burden of proof for a civil trial in Kenya jurisdiction
C. The standard of proof for a criminal trial in the civil law jurisdiction is lower than the standard of proof in a criminal trial in the Kenya Jurisdiction
D. All the above

85. Which of the following statement is ACCURATE in regard to closing arguments in criminal trials in adversarial jurisdictions?

A. Closing arguments is additional evidence introduced by the prosecution and the defense to strengthen their side of the case
B. Closing arguments is a summary of the parties’ evidence and the basis of their arguments either to acquit or convict
C. Closing arguments is a summary of the defense and prosecution counsels’ materials prepared in anticipation for litigation
D. None of the above

86. Which of the following is ACCURATE in regard to duty to preserve evidence in the adversarial jurisdictions?

A. Accidentally shredding documents relevant to a civil proceeding will raise sanction
B. Unintentionally deleting documents relevant to a civil litigation will not raise sanction for failure to preserve evidence
C. Failure to stop destruction of both electronic data and physical documents relevant to a civil litigation will not raise sanction for failure to preserve evidence
D. All of the above

87. Which of the following statements is NOT accurate in regard to judges and fact finding in criminal trials in the adversarial jurisdictions?

A. In common law jurisdictions, a judge must serve as the fact-finder in a criminal trial
B. In common law jurisdictions, a judge does not always serve as the fact-finder in a criminal trial
C. In common law jurisdictions, where juries are used as fact finders, judges are not commonly used as fact finders
D. None of the above

88. Which of the following statements is ACCURATE in regard to how courts choose which jurisdiction’s laws to apply in domestic court proceeding?

A. Generally, courts always apply the procedural laws of their own jurisdictions
B. Courts always apply the substantive laws of foreign jurisdictions
C. Most courts apply both their own procedural and substantive laws to all cases.
D. Most courts always apply the procedural laws of foreign jurisdictions

89. If a person violates the law against bribery, the law that the individual has violated is, which type of body of law?

A. Case law
B. Statutory law
C. Common law
D. None of the above

90. Lee is a suspect in an ongoing civil investigation in an adversarial jurisdiction. He shreds original documents that are relevant to the facts in issue. Which of the following statements is ACCURATE in regard to preservation of evidence?

A. Lee likely violated his duty to preserve relevant information because he destroyed evidence when litigation was reasonably anticipated
B. Lee did not violate his duty to preserve relevant information because no litigation had commenced when he shredded the documents
C. Lee did not violate his duty to preserve relevant information because the documents were due for destruction.
D. Lee did not violate his duty to preserve relevant information because the court had not requested for
preservation of the documents

91. Which of the following is NOT one of the three stages of a civil litigation in common law jurisdictions?

A. Trial phase
B. The examining phase
C. The pre-trial phase
D. None of the above

92. Which of the following statements is NOT accurate in regard to criminal discovery process in adversarial jurisdictions?

A. The parties to the proceedings do not have right to discover all the materials to be used in court against them by their opponent
B. The parties to the litigation have right to discover business documents that would be introduced as evidence in a court of law
C. The parties to the proceedings have right to the expert consultant’s report prepared for the attorney
D. The parties to the proceedings have right to the expert witness report to be used in court

93. Which of the following statements is NOT accurate in regard to judges and juries in the civil legal systems?

A. Inquisitorial judicial process use juries as fact-finders in serious criminal cases
B. Inquisitorial judicial process use juries as fact-finders in serious civil suits
C. Inquisitorial judicial process
D. uses judges as fact-finders.
E. None of the above

94. In the civil jurisdictions, what type of challenge occurs when a defendant in a criminal trial refuses trial by a panel of juries for a cause?

A. Challenge for a cause
B. Peremptory challenge
C. Jury challenge
D. None of the above

95. In common law jurisdictions, which of the following parties to the litigation may NOT have access to the full evidentiary record before trial in a criminal proceeding?

A. Both the prosecution and defence
B. The prosecution
C. The defence
D. All the above

96. Which of the following statements is ACCURATE in regard to judges and juries in adversarial jurisdiction?

A. Adversarial judicial process only use juries as fact-finders.
B. Adversarial judicial process only use judges as fact finders
C. Adversarial jurisdiction uses both juries and judges as fact finders
D. None of the above

97. Which of the following statements is NOT accurate in regard to prosecution discretion?

A. Kenya directorate of public prosecution has total prosecutorial discretion
B. Prosecutorial discretion is generally based on whether there is sufficient o evidence to prosecute
C. Kenya directorate of public Prosecution does not have total prosecutorial discretion
D. All the above

98. Which of the following statements is NOT accurate in regard to judges and juries in the adversarial jurisdiction?

A. Adversarial judicial process use juries as fact-finders only in serious criminal cases
B. Adversarial judicial process use juries as fact-finders in civil suits
C. Adversarial judicial process uses judges as fact-finders.
D. All the above

99. Which of the following is NOT accurate under- The United Nations’ International Convention on Civil and Political Rights (ICCPR)?

A. ICCPR commits countries that have signed and ratified the ICCPR to observe citizen’s rights
B. Part III includes the rights of those accused of crimes and civil wrongs
C. It states that the results of criminal hearings should be publicised in most cases to enhance transparency in the criminal justice system
D. None of the above

100. Abel is a suspect in an ongoing civil investigation in an inquisitorial is jurisdiction. He shreds original documents that are relevant to the facts in issue. Which of the following statements is ACCURATE in regard to preservation of evidence?

A. Abel likely violated his duty to preserve relevant information because he destroyed evidence when litigation was reasonably anticipated
B. Abel did not violate his duty to preserve relevant information because it is the responsibility of the court to advise on when and which documents should be preserved
C. Abel did not violate his duty to preserve relevant information because the documents were due for destruction
D. None of the above

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