OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM AUGUST 2023 PAST PAPER

TUESDAY: 22 August 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. Which of the following statements is CORRECT in regard to criminal prosecution?

A. A civil action is brought to court by the government
B. A civil action is brought to court by the parties to the litigation
C. A criminal prosecution is brought to court by the parties to the litigation
D. A criminal prosecution is brought to court by the government (1 mark)

2. Which of the following is NOT correct about tribunals in relation to judicial system?

A. Tribunals are subordinate courts within the judicial system
B. Tribunals are specialised quasi-judicial bodies
C. Tribunals are not governed by strict rules of evidence
D. Tribunals are governed by strict rules of evidence (1 mark)

3. Which of the following statements is TRUE in relation to burden of proof in common and civil law legal systems?

A. In adversarial jurisdictions, the burden of proof for criminal trials, rests with the party that brought the case to court
B. The adversarial jurisdictions the burden of proof for civil trials rests with the parties to the litigation
C. The burden of proof for a civil trial, in the civil law jurisdictions rests with the plaintiff
D. The burden of proof for a civil trial in the common law jurisdictions rests with the prosecution (1 mark)

4. Which of the following statementsis NOT true under the United Nations’ International Covenant on Civil and Political Rights (ICCPR) for those accused of crimes, in regard to presumption of innocence?

A. An accused person is presumed innocent only if there is no evidence to prove they committed a 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 not a criminal
D. A person accused of a crime must be proven guilty by a court of law if the prosecution presents evidence to
prove the individual committed the alleged crime (1 mark)

5. Which of the following statements is TRUE in regard to fact finders in common law jurisdictions?

A. In adversarial jurisdictions, that use juries, only juries can be fact finders
B. In adversarial jurisdictions, that use juries, judges can also be fact finders
C. In adversarial jurisdictions, that use judges as fact finders, the juries cannot be fact finders
D. In adversarial jurisdictions that use juries, judges can only be fact finders in criminal cases (1 mark)

6. Which of the following statements is TRUE in reference to the standard of proof in a criminal trial in inquisitorial jurisdictions?

A. The standard of proof is beyond reasonable doubt
B. The standard of proof is balance of probability
C. The standard of proof Preponderance of evidence
D. None of the above (1 mark)

7. Adversarial jurisdictions conduct sworn testimony is given by a party or witness upon questioning by counsel for one of the parties. Which of the following describes this type of examination?

A. Cross-examination
B. Oral /written examination
C. Direct examination
D. Re- examination (1 mark)

8. In most adversarial jurisdictions, which of the following documents is used as a charging document in serious criminal cases?

A. Application
B. Information
C. Petition
D. Indictment (1 mark)

9. Which of the following statements is TRUE in regard to questioning of witnesses in adversarial jurisdictions?

A. In adversarial jurisdictions, the defendant’s advocate conducts the questioning
B. In adversarial jurisdictions, the judges conduct the questioning
C. In adversarial jurisdictions, the questioning is conducted by the prosecution only
D. None of the above (1 mark)

10. Which of the following statements is NOT true about prosecution bargaining agreement in adversarial jurisdictions?

A. Bargaining agreements are more commonly used in adversarial jurisdictions
B. The prosecution has the discretion to enter into bargaining agreement with the criminal defendant
C. Bargaining agreements are used in both criminal and civil cases in the common legal system
D. Bargaining agreements are only used in criminal cases in adversarial jurisdictions (1 mark)

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

A. Closing arguments are additional evidence to strengthen each party to the legal proceedings case
B. Only the defence makes its closing points and try to convince the jury or judge to acquit
C. The closing points are made by both the prosecution and the defence to convince the judge or jury to convict
and acquit respectively
D. None of the above (1 mark)

12. Which of the following statements is NOT true in regard to the burden of proof in civil law jurisdictions?

A. In inquisitorial jurisdictions the party that brings the case to court has the burden of proof
B. In inquisitorial jurisdictions the presiding judge drives the discovery of evidence
C. In inquisitorial jurisdictions both the prosecution and the defence have strict burden of proof
D. None of the above (1 mark)

13. Which of the following statements is NOT true in regard to jurisdiction?

A. Jurisdiction to hear a case is determined by where the claim arose
B. Jurisdiction to hear a case is determined by where the defendant resides
C. Venue is an element of Jurisdiction
D. None of the above (1 mark)

14. Which of the following statements is TRUE in regard to the sources of law in inquisitorial jurisdictions?

A. Inquisitorial jurisdictions judges are bound by common law
B. Inquisitorial jurisdiction cannot use previous decisions to interpret the statutes
C. In inquisitorial jurisdiction the main source of law is the codified principles
D. None of the above (1 mark)

15. Which of the following statements is NOT true in regard to sources of law in inquisitorial jurisdictions in criminal trial, like fraud?

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 (1 mark)

16. Which of the following statements is NOT true in regard to alternative dispute resolution?

A. Arbitration is always biding
B. Mediation is binding
C. Arbitration can be binding or non- binding.
D. None of the above (1 mark)

17. Which of the following statements is NOT true in regard to civil counterclaims?

A. Civil counterclaims can run concurrently
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 (1 mark)

18. In civil law, which of the following statements is CORRECT in regard to juries?

A. Inquisitorial jurisdictions that use juries as fact finders do not allow jury trial in civil suits
B. Inquisitorial jurisdictions allow jury trial in serious civil trials
C. Inquisitorial jurisdictions can allow jury trial in both serious criminal and civil trials
D. None of the above (1 mark)

19. Which of the following describes the process applied in the civil law to discover evidence?

A. Oral discovery
B. Written discovery
C. Cross examination
D. None of the above (1 mark)

20. Which of the following laws in Kenya sets out rules and procedures to be followed in determining fraud in civil cases?

A. Substantive law
B. Statutory law
C. Procedural law
D. None of the above (1 mark)

21. Which of the following laws in Kenya sets out rules and procedures to be followed in determining a bribery in criminal trials?

A. Procedure law
B. Civil Procedure Act
C. Bribery Act
D. None of the above (1 mark)

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

A. Common law
B. Statutory law
C. Procedural law
D. None of the above (1 mark)

23. Which of the following is a type of substantive law?

A. Anti-Corruption and Economic Crimes Act
B. Criminal Procedure Act
C. Evidence Act
D. Civil Procedure Act (1 mark)

24. Which of the following is NOT a type of substantive law?

A. Public Procurement and Assets Disposal Act
B. Criminal Procedure Act
C. Penal Code
D. Bribery Act, 2016 (1 mark)

25. Which of the following statements is NOT true about international laws?

A. International law is a body of law created by 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 (1 mark)

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

A. The discovery process occurs in the pre-trial phase of the litigation process
B. The parties to the litigation can request limited information from each other during the pretrial stage
C. The parties to the ligation drive the discovery of evidence
D. The parties to the litigation are entitled to full evidentiary record (1 mark)

27. In adversarial jurisdictions, which of the following statements is NOT true with regard to standard of proof in civil fraud trials

A. The standard of proof in fraud civil trials in adversarial jurisdictions is higher than civil trials in inquisitorial jurisdictions
B. The standard of proof in fraud civil trials in adversarial jurisdictions is balance of probability
C. The standard of proof in fraud civil trials in adversarial jurisdictions is lower than in criminal trials
D. None of the above (1 mark)

28. Which of the following BEST describes 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. Declaratory remedy
D. None of the above (1 mark)

29. Which of the following statements BEST describes the civil litigation process in the adversarial jurisdictions?

A. The defendant presents the evidence first
B. The presiding judge presents the evidence first
C. The prosecutor presents the evidence first
D. None of the above (1 mark)

30. Which of the following statements BEST describes the civil litigation process in the inquisitorial jurisdictions?

A. The plaintiff presents the evidence first
B. The defendant presents the evidence first
C. The trial judge presents the evidence first
D. None of the above (1 mark)

31. Which of the following statements is INACCURATE in regard to criminal trial process in the common law jurisdictions?

A. The criminal defendant presents their defence after the prosecution
B. The prosecution presents their evidence first
C. The parties to the litigation present their evidence during trial
D. None of the above (1 mark)

32. Which of the following statements is NOT correct as to why an organisation may choose to pursue fraudulent or corrupt activities against them by use of civil legal justice?

A. An organisation may choose to follow civil legal justice system to avoid negative publicity
B. An organisation may choose to follow civil legal justice system because the standard of proof for criminal cases including fraud and corruption is very high
C. An organisation may choose to follow civil legal justice system if their main objective is to recover losses
D. None of the above (1 mark)

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 case law
B. The primary source of law in the adversarial jurisdictions for fraud and corruption cases is the common law
C. The primary source of law in the adversarial jurisdictions for fraud and corruption cases is the codified
principles
D. None of the above (1 mark)

34. Which of the following statements is INACCURATE with regard to action for fraud cases?

A. Fraud being a criminal offence, cannot be determined through mediation and arbitration
B. Fraud is a criminal offence, but can be determined through civil legal justice
C. Fraud is a criminal offence, but can be determined through administrative justice
D. None of the above (1 mark)

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. Common law (1 mark)

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

A. Criminal procedure Act
B. Proceeds of crime and Anti- money laundering Act
C. Civil procedure Act
D. Evidence Act (1 mark)

37. Which of the following statements is 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 consider the jurisdiction in which the claim arose
C. The courts will not consider the current physical address of the parties in litigation
D. None of the above (1 mark)

38. Which of the following statements is ACCURATE with 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 opposing side 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 entitled to discover any exhibits that will be used by the opposition during trial (1 mark)

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 (1 mark)

40. Law can be categorised as either substantive or procedural law. The law of evidence is categorised as

A. The law of evidence is categorised as a public law
B. The law of evidence is categorised as procedural law
C. The law of evidence is categorised as a substantive law
D. None of the above (1 mark)

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

A. The trial judges
B. The parties’ attorneys
C. The court
D. None of the above (1 mark)

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

A. Alibi
B. Legal Impossibility
C. Lack of jurisdiction
D. None of the above (1 mark)

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 to examine
D. None of the above (1 mark)

44. Which of the following statements is CORRECT in regard to discovery of evidence in civil cases in Kenya jurisdictions?

A. The discovery occurs in Examination phase
B. The discovery occurs in investigation phase
C. The discovery occurs during Pre- trial phase
D. None of the above (1 mark)

45. Which of the following is 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 (1 mark)

46. In adversarial jurisdictions, which of the following statements BEST describes the duty to preserve documents that are relevant to the facts in issue?

A. The duty to preserve the documents starts when the court proceedings commence
B. The duty to preserve the documents starts during pre-trial proceedings
C. The duty to preserve the documents starts when litigation is anticipated
D. The duty to preserve the documents starts when litigation is reasonably anticipated (1 mark)

47. In the civil law jurisdiction, which of the following parties has the responsibility for preserving evidence?

A. The trial judge has the responsibility to advise when and which documents should be preserved
B. Parties to the litigation have the responsibility to decide when to preserve evidence
C. The presiding judge has the responsibility to decide when to preserve documents relevant to the facts in issue
D. None of the above (1 mark)

48. Which of the following statements is ACCURATE in regard to arbitration and fraud cases?

A. Fraud cases can also be resolved through arbitration but the arbitrator’s decision is not binding
B. Fraud cases cannot 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 would resolve their disputes through arbitration and the arbitrator’s decision shall be binding
D. All the above (1 mark)

49. Which of the following is TRUE in regard to Court of Appeal in the adversarial 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 start a fresh trial
C. The Court of Appeal can overturn a lower court decision, make new determination and review the law
D. None of the above (1 mark)

50. Which of the following is an example of damages remedy in a fraud in a civil suit in the common law jurisdictions?

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 (1 mark)

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. Examination phase
D. None of the above (1 mark)

52. Which of the following statements is TRUE about civil appellate court in Kenya jurisdiction?

A. The civil appellate court can obtain more expert opinions
B. The civil appellate court cannot obtain more documentary evidence
C. The civil appellate court can obtain more witnesses testimony
D. None of the above (1 mark)

53. Which of the following statements is TRUE in regard to burden of proof in criminal trials in inquisitorial jurisdictions?

A. Only the prosecution has the burden of proof
B. Only the defence has the burden of proof
C. Both the parties to litigation have strict burden of proof
D. None of the above (1 mark)

54. Which of the following statements is INACCURATE 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 investigation phase
B. The defence advocate will conduct a cross-examination of the prosecution witnesses
C. The prosecution counsel conducts examination in-chief and re-examination of the prosecution witness
D. None of the above (1 mark)

55. Which of the following statements is ACCURATE in regard to a court of appeal in the adversarial jurisdictions?

A. In adversarial jurisdictions the appellate court can 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 can review both issues of evidence and law
C. In adversarial jurisdictions the appellate court cannot overturn the findings of lower court
D. None of the above (1 mark)

56. Which of the following statements is NOT true 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 exceptional cases where the appellate court cannot review both issues of facts and law
D. None of the above (1 mark)

57. Which of the following is ACCURATE in regard to evidence in the adversarial jurisdictions?

A. Generally, adversarial jurisdictions favor documentary evidence
B. In common legal systems, the prosecutor should serve the defendant with exculpatory evidence only
C. In common legal systems, the prosecutor should serve the defendant with inculpatory evidence only
D. In common legal systems, the prosecutor should serve the defendant with both inculpatory and exculpatory evidence (1 mark)

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

A. Penalties
B. Fines
C. Incarceration
D. None of the above (1 mark)

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

A. An organisation should refer the matter to the police to recover losses caused by employees through fraud and corruption
B. The organisation should file a civil litigation to seek for damages remedy
C. The organisation can use arbitration to recover employee’s fraud losses
D. The organisation can recover the losses (1 mark)

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

A. Only the plaintiff 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 which is relevant to the facts in issue
C. Any party to the litigation can be questioned by the other party through a written examination
D. None of the above (1 mark)

61. Which of the following statements is NOT accurate in regard to criminal proceedings in civil law jurisdictions?

A. The Juries panel is composed of lay and professional judges
B. The litigants are not allowed peremptory challenge
C. The litigants are allowed to challenge jurors for a just cause
D. Juries are used in serious criminal cases (1 mark)

62. In reference to criminal proceedings in common law jurisdictions, which of the following is CORRECT in regard to discovery of evidence during judicial process?

A. The prosecution has more rights than the defence in discovery of evidence
B. The defendant has more right than defence in discovery of evidence
C. Both the prosecution and defence have the right to attorney work product of the opposing party
D. None of the above (1 mark)

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. None of the above (1 mark)

64. Which of the following BEST describes a liability where the corporate has absolute liability for the misconduct of another party committed in the course of their duties on behalf of the corporate in corporate criminal liability?

A. Strict liability
B. Corporate liability
C. Criminal liability
D. None of the above (1 mark)

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? (1 mark)

A. When the offence occurs in the presence of a police officer
B. Arresting a suspect in his own home
C. Arresting a suspect in a social gathering
D. None of the above (1 mark)

66. Gladys is the Chief Executive Officer of ABC Company. Gladys has admitted to the investigator that the financial statements were materially misstated. Which of the following should the investigator make sure is included in Gladys’s statement?

A. That the misrepresentation was unintentional
B. That the misrepresentation was due to lack of expertise in financial reporting
C. That Gladys was unaware of the misrepresentation since the statements were prepared by the accountants
D. None of the above (1 mark)

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 not free to leave
C. A custodial arrest when the suspect is booked into a police station
D. None of the above (1 mark)

68. Which of the following statements 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 cannot be vicariously liable for offences committed by independent contractors while
working on their behalf.
C. If the organisation was not aware of the employee’s misconduct the company will still be vicariously liable.
D. None of the above (1 mark)

69. In most adversarial jurisdictions, which of the following means charging document for serious criminal cases?

A. An affidavit
B. An information
C. A petition
D. None of the above (1 mark)

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 (1 mark)

71. In relation to The United Nations International Covenant on Civil and Political Rights (ICCPR), which of the following is NOT true about fair hearing of those accused of crime?

A. Right to time to prepare for trial
B. Right to be informed of the charges
C. Right to be have translator for free
D. None of the above (1 mark)

72. Which of the following is NOT an example of pretrial motion in adversarial jurisdictions?

A. Motion for summary judgment
B. Motion of change of venue
C. Motion of inadmissibility of evidence
D. None of the above (1 mark)

73. 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 (1 mark)

74. Fraud Examiners and forensic auditors should have good knowledge of law, EXCEPT?

A. Procedural laws related to civil and criminal procedure
B. The substantive laws related to fraud and corruption
C. The rule of evidence
D. None of the above (1 mark)

75. Which of the following statements is INACCURATE in regard to domestic judgments against a foreign defendant?

A. The domestic judgement can also enforce seizure of the defendant’s assets located in foreign jurisdiction through diplomacy
B. The domestic 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 (1 mark)

76. The evidentiary record is usually created at what phase of the trial process in civil law jurisdictions?

A. During the investigation phase
B. At the pre-trial stage
C. During trial
D. None of the above (1 mark)

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

A. Litigation privileges protect 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 protect communication or documents prepared in anticipation for litigation
D. None of the above (1 mark)

78. Which of the following statements is INACCURATE in regard to cross examination of witnesses in common jurisdictions in your country?

A. In most adversarial jurisdictions, the accused has the right to cross examine any witness called by the
prosecution
B. In most adversarial jurisdictions, the primary expert is appointed by the court
C. In most adversarial jurisdictions, the witnesses are appointed by the parties to the litigation
D. None of the above (1 mark)

79. Which of the following statements is ACCURATE in regard to witnesses in the civil legal systems?

A. The accused can cross examine the primary witness
B. The accused has the right to question the court appointed witness
C. The court appoints witnesses for the parties to the litigation
D. None of the above (1 mark)

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

A. Deferred prosecution agreement is an efficient method of handling corporate misconduct
B. Deferred prosecution agreement helps in mitigating the risk of illegal practices
C. Deferred prosecution agreement encourages corporate misconduct
D. None of the above (1 mark)

81. Which of the following statements is NOT correct in regard to administrative laws and legal proceedings?

A. Administrative proceedings are governed by procedural law
B. Administrative proceedings are not governed by the rules of evidence
C. Administrative laws are type of Procedural law
D. None of the above (1 mark)

82. Which of the following statements is NOT accurate in regard to sources of law for fraud and corruption trials?

A. The main source of law in Kenya jurisdiction for civil and criminal trials is the statutory law
B. Kenya jurisdiction heavily applies common law in criminal cases
C. Kenya jurisdiction heavily applies substantive law in criminal cases
D. None of the above (1 mark)

83. Which one of the following statements is CORRECT with regard to standard of proof in civil and common law jurisdictions?

A. The standard of proof for criminal trials in inquisitorial jurisdiction is higher than the standard of proof for civil trials
B. The standard of proof for civil trials in the inquisitorial jurisdiction is lower than the standard of proof for civil trials in Kenya jurisdiction
C. The standard of proof for a criminal trial in the civil law jurisdiction is higher than the standard of proof in criminal trial in the Kenya Jurisdiction
D. None of the above (1 mark)

84. Which of the following statements is NOT true in regard to closing arguments in criminal trials in adversarial jurisdictions?

A. Closing arguments are additional evidence introduced by the prosecution and the defense to strengthen their side of the case
B. Closing arguments are a summary of the defence’s evidence and the basis of their arguments to convict the accused
C. Closing arguments are a summary of the prosecution’s evidence and the basis of their arguments to acquit the accused
D. None of the above (1 mark)

85. Which of the following statements is INACCURATE in regard to duty to preserve evidence in the adversarial jurisdictions?

A. Unintentionally deleting documents relevant to a civil litigation will not raise sanction for obstruction of justice
B. Failure to stop destruction of both electronic data and physical documents relevant to a civil litigation will raise sanction for failure to preserve evidence
C. Unintentionally deleting documents relevant to a civil litigation will not raise sanction for failure to preserve evidence
D. Unintentionally deleting documents relevant to a civil litigation would be an additional offence of obstruction of justice (1 mark)

86. 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 does not always serve as the fact-finder in a criminal trial
B. In common law jurisdictions, where juries are used as fact finders, judges are not commonly used as fact finders
C. In common law jurisdictions, where juries are used as fact finders, juries are commonly used as fact finders
D. None of the above (1 mark)

87. If a person engages in abuse of office, the law that the individual has violated is in which type of body of law?

A. Case law
B. Substantive law
C. Common law
D. Procedural law (1 mark)

88. Prince 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 TRUE in regard to preservation of evidence?

A. Prince did not violate his duty to preserve relevant information because no litigation had commenced when he shredded the documents
B. Prince did not violate his duty to preserve relevant information because the documents were due for
destruction.
C. Prince did not violate his duty to preserve relevant information because the court had not requested for preservation of the documents.
D. None of the above (1 mark)

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

A. Trial phase
B. The investigation phases
C. The pre-trial phase
D. None of the above (1 mark)

90. 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 the opposing side
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 no right to the expert consultant’s report prepared for the attorney
D. None of the above (1 mark)

91. 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 uses judges as fact-finders
D. None of the above (1 mark)

92. In the adversarial jurisdictions, what type of challenge occurs when a defendant in a criminal trial refuses trial by a panel of juries for no cause?

A. Challenge for a cause
B. Peremptory challenge
C. Jury challenge
D. None of the above (1 mark)

93. In adversarial jurisdictions, which of the following parties to the litigation may 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. None of the above (1 mark)

94. Which of the following statements is TRUE in regard to judges and juries in inquisitorial jurisdiction?

A. Inquisitorial judicial process only uses juries as fact-finders.
B. Inquisitorial judicial process only uses judges as fact finders
C. Inquisitorial jurisdiction uses both juries and judges as fact finders
D. None of the above (1 mark)

95. 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 evidence to prosecute
C. Kenya Directorate of Public Prosecution review investigation files and determine if there is sufficient
evidence to prosecute
D. None of the above (1 mark)

96. 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-finder only in criminal cases
B. Adversarial judicial process use juries as fact-finders in civil suits
C. Adversarial judicial process uses judges as fact-finders.
D. None of the above (1 mark)

97. Which of the following statements is ACCURATE under- The United Nations’ International Convention on Civil and Political Rights (ICCPR)?

A. ICCPR does not commit countries that have signed and ratified the ICCPR to observe rights of those accused of crime
B. Part III includes the rights of those accused of crimes and civil wrongs
C. It states that the results of criminal hearings should not be published to protect confidentiality in the criminal justice system
D. None of the above (1 mark)

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

A. Rogers likely violated his duty to preserve relevant information because he destroyed evidence when
litigation was reasonably anticipated
B. Rogers violated his duty to preserve relevant information because he had a responsibility as a party to the litigation
C. Rogers violated his duty to preserve relevant information even if documents were due for destruction.
D. None of the above (1 mark)

99. Which of the following is NOT a type of substantive law related to fraud and corruption?

A. Bribery Act
B. Proceeds of crime and Anti- money laundering
C. Penal code
D. Evidence Act (1 mark)

100. Which of the following statements is NOT accurate in regard to an appeal process in criminal cases?

A. In most jurisdictions, an appellate court will reverse a conviction only if it finds an error that likely affected the trial’s outcome and denied the defendant a fair trial.
B. Appellate courts will generally only accept an appeal if the petition has been filed in a timely manner
following the prior court’s judgment.
C. In most jurisdictions, a convicted defendant has the right to appeal their conviction and sentence.
D. None of the above (1 mark)

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