OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM DECEMBER 2023 PAST PAPER

TUESDAY: 5 December 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 statement is NOT accurate in regard to civil prosecution in the adversarial jurisdictions?

A. In a civil trial, the plaintiff has the burden of proof
B. In a civil trial, the defendant has the burden of proof
C. In a civil trial, the standard of proof is balance of probability
D. None of the above (1 mark)

2. Which of the following is NOT accurate in regard to tribunals?

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. None of the above (1 mark)

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

A. In inquisitorial jurisdictions, the burden of proof for criminal trials, rests with the party that brought the case to court
B. In inquisitorial 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 civil law jurisdictions rests with the defense (1 mark)

4. Which of the following statement is NOT accurate 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 even when there is sufficient evidence to prove the accused
individual committed the alleged crime
B. A person accused of a crime is a criminal defendant
C. A person accused of a crime must be proven guilty by a court of law
D. None of the above (1 mark)

5. Which of the following statement is ACCURATE in regard 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. Inner conviction of the judge (1 mark)

6. Common law 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 examination?

A. Examination in chief
B. Direct examination
C. Re-examination
D. None of the above (1 mark)

7. 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. None of the above (1 mark)
ANSWER: D

8. Which of the following statement is ACCURATE in regard to questioning of witnesses in adversarial jurisdictions like Kenya?

A. In adversarial jurisdictions, the questioning is done by both parties to the litigation
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)

9. Which of the following statements is NOT accurate about prosecution bargaining agreements?

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 not used in inquisitorial jurisdictions
D. All the above (1 mark)

10. Which of the following is NOT accurate in regard to closing arguments in a criminal case in an adversarial jurisdiction?

A. Closing arguments are not additional evidence to strengthen each party’s side of the case
B. The defense presents their closing arguments first
C. The closing points are made by both the prosecution and the defense to convince the judge or jury to convict and acquit respectively
D. None of the above (1 mark)

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

A. In inquisitorial jurisdictions, the presiding judge has the burden to prove each sides case
B. In inquisitorial jurisdictions, the trial judge determines whether the evidence meet the standard of proof
C. In inquisitorial jurisdictions, both the prosecution and the defence have strict burden of proof
D. None of the above (1 mark)

12. Which of the following statement is NOT most accurate in regard to jurisdiction to hear a case in the common law jurisdictions?

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. Jurisdiction is determined by where the prosecution and defendant resides
D. None of the above (1 mark)

13. Which of the following statements is MOST accurate in regard to the sources of law in common law jurisdictions?

A. The sources of law in common law jurisdictions is the statutes and common law
B. The sources of law in common law jurisdictions is the common law
C. The sources of law in common law jurisdictions is the codified principles
D. None of the above (1 mark)

14. Which of the following statements is ACCURATE in regard to sources of law in inquisitorial jurisdictions in criminal trial, like corruption?

A. In inquisitorial jurisdictions, judges can only apply codified principles in criminal cases
B. In inquisitorial jurisdiction judges are bound by the court decision in determining cases
C. Judges in civil law legal systems cannot use court precedent to interpret codified statutes
D. None of the above (1 mark)

15. Which of the following statement is NOT accurate in regard to alternative dispute resolution?

A. An arbitrator acts as judge
B. Mediation is binding
C. Arbitration can be binding or non- binding
D. Arbitration and mediation is not a recommended method of resolving fraud disputes (1 mark)

16. Which of the following statement is ACCURATE in regard to civil countersuits?

A. Civil countersuits cannot run concurrently
B. A defendant in another civil trial can be a plaintiff in another civil trial
C. A plaintiff in another civil trial cannot be a defendant in another civil trial (1 mark)
D. None of the above

17. In inquisitorial jurisdiction, which of the following statement is NOT accurate in regard to use of juries as fact finders?

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 do not use juries in serious civil trials
D. None of the above (1 mark)

18. There are two major legal systems worldwide, and any country would be in, either the common or civil law. Which of the following describes the approach the civil law legal system uses to discover evidence?

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

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

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

20. Which of the following Kenyan law sets the rules and procedures to be followed to determine a money laundering case?

A. Procedure law
B. Criminal Procedure Code
C. Civil Procedure Act
D. POCAMLA Act (1 mark)

21. Which of the following law is NOT created by parliament?

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

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

A. Computer Misuse and Cybercrime Act
B. Criminal Procedure Code
C. Evidence Act
D. Civil Procedure Act (1 mark)

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

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

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

A. International law is a body of rules, convention and treaties 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)

25. Which of the following statements is NOT accurate about the discovery of evidence process in criminal proceedings in common law jurisdiction?

A. The discovery of evidence occurs in the trial phase of the court proceeding
B. The parties to the litigation are limited on the information they can discover
C. The prosecution and defense drives the discovery of evidence
D. None of the above (1 mark)

26. In common law jurisdictions, which of the following statement is ACCURATE in 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)

27. Which of the following BEST describe the type of remedy a plaintiff, would be appealing for where they have already been awarded for damages?

A. Injunction
B. Damages
C. Equitable remedy
D. None of the above (1 mark)

28. Which of the following statement BEST describe 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. The plaintiff presents the evidence first (1 mark)

29. Which of the following statement BEST describe the civil trial process in the civil law jurisdictions?

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

30. Which of the following statement is ACCURATE in regard to criminal trial process in the adversarial jurisdictions?

A. The criminal defendant presents their evidence before the prosecution
B. The court has the evidentiary record at the outset of trial
C. The court discovers the evidence during trial
D. None of the above (1 mark)

31. Which of the following statement is NOT a reason why some organisation in adversarial jurisdictions, may take civil action against perpetrators of fraudulent or corrupt activities?

A. An organisation may take civil action to avoid negative publicity
B. An organisation may take civil action because of high standard of proof
C. An organisation may take civil action to facilitate quick recovery of lost resource
D. None of the above (1 mark)

32. 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 financial crimes is the case law
B. The primary source of law in the adversarial jurisdictions for financial crimes is the written law
C. The primary source of law in the adversarial jurisdictions for financial crimes is the court precedents
D. None of the above (1 mark)

33. Which of the following statements is NOT accurate in regard to action for fraud cases?

A. Fraud is a criminal offence, can 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)

34. 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 (1 mark)

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

A. Criminal procedure Code
B. Public Procurement and Assets Disposal Act
C. Civil procedure Act
D. Evidence Act (1 mark)

36. Which of the following statement is NOT 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 defendant resides
C. The courts will not consider the current physical address of the parties in litigation
D. None of the above (1 mark)

37. 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 opposing side during trial
B. Only the defense is allowed to discover evidence to be used by the prosecution
C. The Parties to the litigation are entitled to discover limited exhibits that will be used by the opposition during trial
D. None of the above (1 mark)

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

A. Procedural law
B. Constitutional law
C. Administrative law
D. None of the above (1 mark)

39. 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 a statutory law
C. The law of evidence is categorised as a substantive law
D. None of the above (1 mark)

40. In the civil jurisdictions which party is responsible for gathering evidence?

A. The trial judge
B. The court
C. The parties to the litigation
D. All the above (1 mark)

41. Which of the following is the BEST legal defense, when a law enforcement officer induces someone to commit a crime he is not disposed to?

A. Alibi
B. Entrapment
C. Lack of jurisdiction
D. Legal impossibility (1 mark)

42. 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. Assumption of innocence
B. Right to appeal
C. Right to be informed of the charges without undue delay
D. None of the above (1 mark)

43. Which of the following statement is ACCURATE in regard to discovery of evidence in civil cases in Kenya jurisdictions?

A. The discovery occurs in trial phase
B. The discovery occurs in cross examination phase
C. The discovery occurs during direct examination phase
D. None of the above (1 mark)

44. 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)

45. In adversarial jurisdictions, which of the following statement is 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. The duty to preserve the documents start during pre-trial proceedings
C. The duty to preserve the documents start when litigation is anticipated
D. None of the above (1 mark)

46. In the civil law 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. The presiding judge have the responsibility to decide when to preserve documents relevant to the facts in issue
D. None of the above (1 mark)

47. Which of the following statement 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 involved agreed so
D. All the above (1 mark)

48. Which of the following is ACCURATE 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)

49. In a civil trial in the common law jurisdictions, which of the following is an example of damages remedy in a fraud case?

A. Compensation for damages
B. A court order to perform or to refrain from an action
C. Equitable remedy
D. None of the above (1 mark)

50. The second phase of a litigation process in most inquisitorial jurisdictions is referred as___________________.

A. The Pre-trial phase
B. The trial
C. Examination phase
D. None of the above (1 mark)

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

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

52. Which of the following statement is MOST accurate in regard to burden of proof in criminal trials in inquisitorial jurisdictions?

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

53. 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 investigation phase
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 (1 mark)

54. Which of the following statement 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)

55. 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 factual findings by a lower court and make new 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 exceptional cases where the appellate court cannot review both issues of facts and law
D. None of the above (1 mark)

56. 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 adversarial jurisdictions, the prosecutor should serve the defendant with both incriminating and non incriminating evidence (1 mark)

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

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

58. Which of the following statement is NOT accurate in regard to 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 from fidelity insurance cover (1 mark)

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

A. Only the defence has the duty to preserve evidence relevant to the litigation
B. Parties to the litigation can make a request for the other party to serve them with documents which are 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)

60. Which of the following statement 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 parties to the criminal proceedings are allowed to challenge jurors for a just cause
D. Juries are used in serious criminal cases (1 mark)

61. In criminal proceedings in common law 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 right than defense in discovery of evidence
C. Both the prosecution and defense has the right to attorney work product of the opposing party
D. None of the above (1 mark)

62. Intent is an element of crime, which of the following is a proper defense against intent?

A. Ignorance of the law
B. Mistake
C. Legal impossibility
D. None of the above (1 mark)

63. 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. Vicarious liability
B. Corporate liability
C. Criminal liability
D. None of the above (1 mark)

64. Which of the following BEST describes exemption of a search warrant for a law enforcement officer to conduct a seizure or arrest?

A. When a person is suspected to be in possession of contraband
B. Arresting a suspect in his own home
C. Arresting a suspect in a social gathering
D. None of the above (1 mark)

65. John Mwai is the Chief Executive Officer of ABC Limited. John admit to the forensic auditor that the financial statements were materially misrepresented. Which of the following should the investigator make sure is included in John’s statement?

A. That the misrepresentation was intentional
B. That the misrepresentation was due to lack of expertise in financial reporting
C. That John was unware of the misrepresentation since the statements were prepared by the finance department
D. That the misrepresentation was an error (1 mark)

66. Which of the following statement 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 charged with an offence
C. A custodial arrest occurs when the suspect is booked into a police station
D. None of the above (1 mark)

67. 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 cannot be vicariously liable for offences committed by independent contractors
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)

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

A. A petition
B. An application
C. Indictment
D. None of the above (1 mark)

69. Which of the following statement is NOT accurate in regard to jury’s verdict in criminal and civil trial in the adversarial jurisdiction?

A. The jury’s verdict must be unanimous in serious criminal cases only
B. The jury’s verdict must be unanimous in criminal cases
C. The jury’s verdict does not need be unanimous in civil cases
D. None of the above (1 mark)

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

A. Right to adequate time to prepare for trial
B. Right to be informed of the charges
C. Right to have translator for free
D. Presumption of innocence (1 mark)

71. 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 admissibility of evidence
D. None of the above (1 mark)

72. Which of the following BEST describe the pretrial discovery process in civil trials in adversarial jurisdiction?

A. Re-examination
B. Examination in chief
C. Oral/Written examination
D. All the above (1 mark)

73. Fraud Examiners and forensic auditors should have good knowledge of law, EXCEPT which one of the following?

A. Procedural laws related to civil and criminal trials
B. The substantive laws related to fraud and corruption
C. The basic principles of evidence
D. The philosophy of law (1 mark)

74. Which of the following statement is NOT accurate 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 country
D. None of the above (1 mark)

75. In civil suits in inquisitorial jurisdictions, the evidentiary record is usually created at what phase of the trial process?

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

76. In civil proceeding in adversarial jurisdiction, which of the following statements is NOT accurate in regard to litigation privileges?

A. Litigation privileges protects attorney and client to an attorney communication for 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 (1 mark)

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

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 court can appoint an expert witness
C. In most adversarial jurisdictions, the witnesses are appointed by the parties to the litigation
D. None of the above (1 mark)

78. 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’s counsel can cross examine the court’s primary expert witness
B. In most civil law systems, the accused has the right to question the court appointed expert witness
C. In most civil law systems, the parties to the litigation can appoint their own experts to question the court’s primary expert witness
D. None of the above (1 mark)

79. Which of the following statement 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 (1 mark)
D. None of the above

80. Which of the following statement is NOT accurate in regard to administrative laws and court proceedings?

A. Administrative proceedings are governed by procedural law
B. Administrative proceedings are governed by the rules of evidence
C. Administrative laws are type of substantive law
D. None of the above (1 mark)

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

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

82. Which one of the following statement is ACCURATE with regard to standard of proof in civil and common law jurisdictions?

A. The standard of proof for criminal trials in civil law jurisdiction is higher than the standard of proof for civil trials
B. The standard of proof for civil trials in the inquisitorial jurisdiction is higher 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)

83. Which of the following statement is NOT accurate in regard to duty to preserve evidence in the adversarial jurisdictions?

A. Unintentionally deleting documents relevant to a civil litigation is not an offence
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)

84. 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 which use juries, the judges are 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)

85. If an agent engages in abuse of office, which of the following BEST describe the law he/she has violated?

A. Procedural law
B. Substantive law
C. Anti-Corruption and Economic Crimes Act
D. All the above (1 mark)

86. Judy Chemuto is a suspect in an ongoing civil investigation in an adversarial jurisdiction. Judy shreds original documents that are relevant to the facts in issue. Which of the following statement is ACCURATE in regard to preservation of evidence?

A. Judy did not violate her duty to preserve relevant information because no litigation had commenced when she shredded the documents
B. Judy did not violate her duty because litigation was not reasonably anticipated
C. Judy did not violate her duty to preserve relevant information because the court had not requested for
preservation of the documents
D. None of the above (1 mark)

87. Which of the following is NOT one of the trial phases of a criminal proceedings in adversarial jurisdictions?

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

88. Which of the following statement is ACCURATE in regard to criminal discovery process in common law jurisdictions?

A. The parties to the court proceedings 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 a right to discover all exhibits
C. The parties to the proceedings have a right to the expert consultant’s report prepared for the attorney
D. None of the above (1 mark)

89. Which of the following statement is ACCURATE in regard to judges and juries in the civil legal systems?

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

90. In adversarial jurisdictions, which of the following BEST describe the type of challenge when a defendant in a criminal trial refuses trial by a panel of juries for no cause?

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

91. In which of the following jurisdiction can parties to a criminal proceedings have access to the full evidentiary record before trial?

A. Civil law jurisdiction
B. Adversarial jurisdiction
C. Common law jurisdiction
D. None of the above (1 mark)

92. Which of the following statements is ACCURATE in regard to judges and juries in Civil law jurisdiction?

A. Inquisitorial judicial process does not use juries as fact-finders
B. Inquisitorial judicial process only use judges as fact finders
C. Inquisitorial jurisdiction uses a juries in serious criminal cases only
D. None of the above (1 mark)

93. Which of the following statements is ACCURATE in regard to prosecution discretion?

A. Kenya Directorate of Public Prosecution does not have total prosecutorial discretion
B. Prosecutorial discretion is generally based on whether there is sufficient evidence to prosecute
C. Kenya Directorate of Public Prosecution prosecute all cases investigated by the investigative agencies
D. None of the above (1 mark)

94. Which of the following statements is ACCURATE in regard to judges and juries in the common law jurisdiction?

A. Adversarial judicial process use juries as fact-finders only in criminal cases
B. Adversarial judicial process use juries as fact-finders in civil suits
C. Adversarial judicial process cannot use judges as fact-finders
D. None of the above (1 mark)

95. Which of the following statement is ACCURATE under, The United Nations’ International Convention on Civil and Political Rights (ICCPR)?

A. Countries that have signed and ratified the ICCPR convention can choose to or not observe rights of those accused of crime
B. Part III includes the rights of those accused of crimes only
C. It states that the results of criminal hearings should not be published to protect confidentiality
D. None of the above (1 mark)

96. Ambrose Wasike is a suspect in an ongoing civil investigation in an adversarial jurisdiction. He shreds original documents due for destruction that are relevant to the facts in issue. Which of the following statement is NOT accurate in regard to preservation of evidence?

A. Ambrose likely violated his duty to preserve relevant information because he destroyed evidence when
litigation was reasonably anticipated
B. Ambrose violated his duty to preserve relevant information because he had a duty to preserve the documents as a party to the litigation
C. Ambrose violated his duty to preserve relevant information even if documents were due for destruction
D. Ambrose did not violate the duty to preserve evidence because the court had not ordered the preservation of the documents at the time (1 mark)

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

A. Public Finance Management Act
B. Criminal Procedure Code
C. Penal code
D. None of the above (1 mark)

98. Which of the following statement is NOT accurate in regard to an appeal process in civil law jurisdictions in criminal trials?

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 address both issues of law and evidence
C. Appellate courts can reverse the decision of the lower court and make a fresh determination
D. None of the above (1 mark)

99. Which of the following is NOT a type of a statutory law?

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

100. Which of the following statement is ACCURATE in regard to standard of proof?

A. The standard of proof for a civil trial in inquisitorial jurisdiction is lower than that of the adversarial
jurisdictions
B. The standard of proof for a civil trial in adversarial jurisdiction is higher than that of the inquisitorial
jurisdictions
C. The standard of proof for a civil trial in inquisitorial and adversarial jurisdiction is the same
D. None of the above (1 mark)

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