PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS APRIL 2023 PAPER

WEDNESDAY: 26 April 2023. Afternoon 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 NOT accurate in regard to an expert witness, in a fraud civil litigation, in the Kenyan jurisdiction?

A. The plaintiff and the defendant retain their own expert witnesses to assist the court in interpreting the
technical facts of the issues in fact to support the side of their case
B. The expert witnesses owe a duty to the court during the civil trial judicial proceedings
C. The expert witnesses owe a duty to the parties that retained them, for purposes of civil trial judicial
proceedings
D. None of the above

2. Which of the following statement is CORRECT in regard to prosecution of fraud cases?

A. A fraud case can be prosecuted as a civil or a criminal case
B. A fraud case can be prosecuted as civil and criminal case concurrently
C. Fraud is a criminal offence, and therefore can only be prosecuted as a criminal case by the prosecution
and not private parties
D. The main objective of the prosecution in fraud criminal judicial proceedings is for the perpetrator to be punished if found guilty

3. Which of the following statements is ACCURATE with regard to documentary evidence?

A. All documents related to the facts in issue are admissible as real evidence
B. Documents like financial statements are hearsay evidence, and cannot be introduced as an exhibit to
prove fraudulent financial reporting
C. An affidavit, is not a hearsay evidence, because it is prepared by an advocate under oath
D. Bank statements of a suspect accused of bribery, that show that the suspect deposited substantial amounts of money in his account just around the same time of the alleged bribery, can be introduced as an exhibit to prove bribery

4. Which of the following statements is NOT accurate in regard to which documents can be introduced in court as exhibits to prove a fraud case?

A. Documents that can be introduced as exhibits, to prove a fraud case are those that were in existence
before litigation was anticipated
B. Documents that can be introduced as exhibits, to prove a fraud case are those that were in the
commission of the offence
C. Documents that can be introduced as exhibits, to prove a fraud case are only those that were prepared as part of business transaction
D. Documents that can be introduced as exhibits , to prove a fraud case are those prepared for purposes of court proceedings

5. Which of the following statements is NOT accurate in regard to evidence?

A. Most adversarial jurisdictions like Kenya have a separate law of evidence
B. Civil law legal systems do not have separate law of evidence
C. The law of evidence governs the admissibility of evidence in legal proceedings
D. The admissibility of evidence highly depends on the trial judge

6. Bob, a fraud suspect, enters into a plea agreement with the prosecution. Which of the following statements is ACCURATE in regard to evidence?

A. Bob’s guilty plea can be entered as evidence
B. Bob’s guilty plea cannot be entered as evidence
C. Bob’s guilty plea is direct testimonial evidence
D. None of the above

7. Which of the following statement is ACCURATE in regard to testimonial evidence in Kenya?

A. There are only two types of testimonial evidence, which are, oral direct testimony and expert witness
testimony
B. A corroborative witness gives expert testimony
C. There are several types of oral direct evidence
D. There are several types of expert testimony

8. In Kenya, expert witnesses are allowed to draw conclusions and express opinions. Which of the following is ACCURATE in regard to expert opinion testimony?

A. An expert’s opinion is a real evidence
B. The expert’s opinion must be based on advanced training on the facts in issue
C. The expert witness must have direct personal knowledge of the facts in issue
D. None of the above

9. Carlo, a fraud suspect, in the iniquisitorial jurisdiction provided a written confession satement in a fraud case.
Which of the following statement is MOST accurate in relation to prosecution evidence ?

A. Carlo’s confession is real evidence
B. Carlo’s confession is direct evidence
C. Carlo’s confession is a guilt plea
D. None of the above

10. Which of the following statements in regard to questioning of an expert in Kenyan courts is ACCURATE?

A. The questioning of the expert witness is conducted by the judge
B. The questioning of the expert witness is conducted by the defence counsel only
C. The questioning of the expert witnesses is conducted by the prosecution and defence counsel
D. All the above

11. Which of the following is ACCURATE in regard to an eye witness testimony?

A. The eye witness testimony opinion must be prejudicial.
B. The eye witness testimony opinion must be based on specialized knowledge.
C. The eye witness testimony can be based on information provided by another person who has personal
knowledge of the facts in issue.
D. None of the above

12. Which of the following statements concerning criminal bargaining agreements is ACCURATE?

A. Bargaining agreement has experienced a lot of opposition in the common law jurisdictions in the recent years
B. Bargaining agreement is practiced more in the inquisitorial jurisdictions than in the adversarial
jurisdictions
C. Bargaining agreement is not an efficient method of disposing criminal cases.
D. None of the above

13. Which of the following statement is NOT accurate in regard to the expert witness report or statement?

A. The expert witness report is not protected by professional legal privileges
B. The expert witness report should include the qualification of the expert witness and basis of his/her
conclusion
C. An expert witness report or statement is a written testimonial evidence
D. None of the above

14. Which of the following is NOT one of the three stages of a criminal proceeding in an inquisitorial jurisdiction?

A. The investigative phase
B. The trial phase
C. The examination phase
D. None of the above

15. Which of the following is NOT one of the three stages of a civil proceeding in Kenya and other adversarial jurisdictions?

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

16. Which of the following statements is NOT accurate in regard to an expert witness and the trial process in the Kenyan jurisdiction?

A. The examination- in chief of the trial process is conducted by the parties to the litigation
B. The cross-examination can be conducted by both the prosecution and defence counsels
C. The examination- in chief of the trial process is conducted by the judge
D. All the above

17. Which of the following statements is NOT accurate in regard to adversarial and inquisitorial jurisdictions in relation to cross-examination?

A. Both the adversarial and inquisitorial jurisdictions feature cross – examination
B. Only the adversarial jurisdictions feature cross-examination
C. In most inquisitorial jurisdictions, the defence witness can question the court appointed expert
D. None of the above

18. In inquisitorial jurisdictions, which of the following parties may access the full evidentiary record prior to the trial phase of a criminal proceeding?

A. The judge and the prosecution only
B. The prosecution only
C. The defence
D. None of the above

19. Andrew is being prosecuted for corruption and abuse of office in Kenya. In his defence, Andrew calls a witness to testify to his good character. Which of the following statement is ACCURATE in regard to the defendant’s defence?

A. Andrew’s witness testimony of good character is a direct testimonial evidence
B. Andrew’s witness testimony of good character is circumstancial evidence
C. Andrew’s witness testimony of good character is a real evidence
D. None of the above

20. Which of the following is an exhibit in a fraud case?

A. Fraudulent invoice that was used to demand payment from the organization
B. Fraudulent financial statements
C. An analysis of recipts against bank deposits
D. All the above

21. Which of the following statements is NOT accurate in regard to expert testimony in Kenya and other adversarial judicial proceedings?

A. Expert testimony, is a direct oral evidence based on personal knowledge
B. Expert testimony involves interpreting the technical matters related to the facts in issue
C. Expert testimony assists the judge or jury determine evidence of technical facts in issue
D. All the above

22. Which of the following statements is ACCURATE in regard to impeaching an expert witness on claims of conflict of interest.

A. The expert witness was a high school classmate of the suspect therefore he would have a conflict of
interest
B. The testifying expert was at university with the client, the same year and used to meet regularly during
sports activities, therefore he would have a conflict of interest
C. The testifying expert was handsomely compensated by the client for his services, therefore he would
have a conflict of interest
D. None of the above

23. In common law jurisdictions like Kenya, which of the following is NOT a question that must be asked to determine whether an expert may testify in court?

A. Does the expert have the required experience in the facts at issue?
B. Is the testimony based from reliable sources?
C. Is the testimony relevant to the facts of the case?
D. None of the above

24. Which of the following BEST describes the standard of proof for civil trials in Kenya jurisdictions?

A. Balance of probability
B. Beyond reasonable doubt
C. The inner conviction of the judge
D. Preponderance of evidence

25. Which of the following statements concerning the criminal discovery process in adversarial jurisdictions like Kenya is ACCURATE?

A. Only the defence may request information from the defendant, but the defendant is not allowed to request for information
B. Only the prosecution and the defence are allowed to request for limited information from each other
C. A party to the litigation may be allowed to introduce exhibits that were not served to the opposing party before trial
D. None of the above

26. Which of the following statements concerning judges and juries is ACCURATE?

A. Inquisitorial judicial processes use juries as fact-finders only in serious criminal cases
B. In a bench trial, in adversarial jurisdictions, the judge can determine both issues of facts and law.
C. In adversarial jurisdictions Juries can determine issues of facts and law
D. None of the above

27. In the inquisitorial jurisdiction, which of the following parties may access the full evidentiary record before the trial phase of criminal proceedings?

A. The judge and the prosecution
B. The defence only
C. Both the prosecution and the defense
D. The prosecution only

28. Jones is being prosecuted in Kenya for fraudulent financial reporting. Which of the following is NOT a type of direct evidence that the prosecution can produce to prove fraudulent financial reporting?

A. False invoices entered into the books of account to overstate revenue
B. An accomplice testimony against the accused person
C. An eye witness who can provide oral direct evidence based on personal knowledge of the facts in issue
D. None of the above

29. Which of the following parties may NOT serve as fact finders in criminal proceedings in inqusitorial jurisdictions?

A. A panel of juries
B. A judge
C. A panel of both legal and lay judges
D. None of the above

30. Which of the following statements is MOST accurate in regard to admissibility of evidence?

A. Relevant evidence is evidence that tends to prove the facts in issue
B. Evidence of other crimes committed by a defendant is usually admissible to prove that a defendant likely to have committed the alleged offence
C. Under the Evidence Act relevant evidence of other similar cases are admissible as evidence
D. Relevant evidence is evidence that tends to prove or disapprove the facts in issue

31. Blackie, a Certified Fraud Examiner, is testifying in court as an expert witness in an adversarial jurisdiction.
During cross-examination, opposing counsel invades Blackie’s body space. What should Blackie do?

A. Ignore the counsel’s behavior
B. Continue answering question
C. Ask the judge to intervene
D. All the above

32. A digital forensic expert seized a computer of a compromised computer system. If the computer forensic expert cannot verify who provided him with the computer’s hard drive and who has had possession of the computer since it was seized, then questions will be raised regarding which of the following?

A. The hard drive’s security
B. The data protection policy
C. The security of the hard drive image.
D. None of the above

33. Which of the following statements is ACCURATE in regard to the adversarial judicial process?

A. An expert witness may not express opinions or draw conclusions in his testimony during a legal
proceeding
B. In the common law jurisdictions, expert witnesses cannot testify before the juries
C. In common law jurisdictions that use juries, judges most commonly serve as the fact-finders in criminal cases
D. None of the above

34. In common law legal systems, which of the following is generally NOT an objective of opposing counsel during the cross-examination of an expert witness?

A. To ask questions that they already have answers to
B. To obtain information about the expert witness’s previous contradicting statements to question the
witness’s honesty and truthfulness
C. To expose the expert’s credibility as an expert witness
D. To diminish the importance of the expert’s testimony by showing that the evidence is irrelevant and
unreliable

35. Which of the following is an example of direct evidence?

A. Witness testimony about risks of fraud
B. Expert testimony based on interpretation of the facts
C. An accomplices’s testimony against the accused
D. Testimony that the defendant deposited seven million shillings into his account three days after the
money was stolen from his employer

36. In systems using adversarial process, an attorney may impeach an opposing party’s witness by attacking either their knowledge of the subject at issue or their credibility. Which of the following is an example of an impeachment based on the witness’s credibility?

A. The expert has a conflict of interest
B. The expert is not well trained on the subject matter
C. The expert has a disclosed conflict of interest
D. All the above

37. In civil litigation in civil law jurisdictions, which of the following is NOT correct in regard to evidentiary record?

A. Evidentiary record is created by the trial judge
B. Evidentiary record is created during the examination phase
C. Evidentiary record is created during the investigation phase
D. All the above

38. Which of the following statements is ACCURATE in regard to admissibility of relevant evidence in adversarial jurisdictions?

A. Relevant evidence may be excluded if it is not relevant to the facts in issue
B. Relevant evidence may be admissible even if the evidence is prejudicial
C. Relevant evidence may be admissible even if it is confusing and time consuming
D. Relevant evidence may be admissible if it is relevant to prove other facts

39. Which of the following statements is NOT accurate in regard to hearsay evidence?

A. A photograph can be either demonstrative evidence or an exhibit
B. Hearsay evidence is generally inadmissible
C. Documents are generally hearsay
D. Hearsay evidence is not admissible under any circumstances

40. In cross-examination of a prosecution expert witness, which of the following is an objective of a cross- examination counsel when he asks questions as if he/she is looking for an answer from the expert witness.

A. Making the expert contradict himself
B. Making the expert a sounding board by continuously agreeing with the defence counsel’s position
C. Making the expert agree that he did not covered all the areas of the investigation adequately
D. None of the above

41. Which of the following statements is ACCURATE in relation to Anti-fraud professionals’ code of ethics, like ACFE Code of Professional Ethics, CFEs in regard to expert testimony?

A. The expert can testify to opinion of guilt or innocence
B. The expert can testify to opinions of the opposing expert witness testimony
C. The expert cannot testify on technical matters, i.e. violation of accounting standards
D. All the above

42. In adversarial jurisdictions, for a document to be admitted into evidence, it must meet which of the following requirements?

A. The document must meet the requirements of the best evidence
B. The document must meet the requirements of the rule of authentication
C. The document must be properly authenticated
D. None of the above

43. Which of the following statements is ACCURATE in regard to duty to preserve information relevant to a case, in the civil law jurisdiction?

A. The duty arises when the case is filed with the court
B. The duty arises when litigation is reasonably anticipated or contemplated
C. The duty arises when litigation starts
D. None of the above

44. Which of the following statements is NOT accurate in regard to prosecution’s right to obtain disclosure of information from the defendants in criminal proceedings in adversarial jurisdictions?

A. The prosecution is typically entitled to more disclosures from the defendant in criminal case than in civil litigation
B. The prosecution is entitled to limited disclosures
C. The prosecution is not entitled to the attorney’s work product
D. None of the above

45. Which of the following statement is ACCURATE in regard to waiver of privileges?

A. Waiver of a legal professional privilege occurs when a client shares privileged information with a third
party retained to offer professional advise
B. Legal professional privileges cannot be extended to a third-party under any circumstances
C. Legal professional privileges can be extended to a third-party for consulting purposes
D. All the above

46. Janet is retained by a court to provide an expert opinion involving specialized knowledge in construction. Which of the following jurisdiction is Janet giving expert testimony?

A. Adversarial jurisdiction
B. Civil Justice System
C. Common law legal system
D. None of the above

47. Which of the following is a method of pre-trial civil discovery used in most adversarial jurisdictions?

A. Summary Judgement
B. Summons
C. Pre-trial oral or written examinations
D. None of the above

48. Which of the following statements is NOT accurate in regard to appointment of expert witnesses in the civil law jurisdiction?

A. In the civil law jurisdictions the parties to the litigation cannot appoint an expert witness
B. In the civil law jurisdictions the parties to the litigation can appoint their expert witnesses
C. In the civil law jurisdictions courts appoint the primary expert witness
D. All the above

49. Which of the following statements is ACCURATE in relation to appellate courts in common legal systems?

A. In most common law jurisdictions, a civil appellate court generally interviews additional fact witnesses and expert witnesses and collects new documentary evidence
B. In most common law jurisdictions, a civil appellate court can review issues of facts
C. In most common law jurisdictions, a civil appellate court can order for a fresh trial and conduct the trial itself
D. None of the above

50. Which of the following BEST describes the type of evidence found in the bank statements of a suspect alleged to be engaging in receiving kickbacks?

A. Direct evidence
B. Documentary evidence
C. C evidence
D. None of the above

51. Cross examination, is usually conducted through questions. Which of the following types of questions is the defense counsel likely to ask an expert witness?

A. Closed questions
B. Narrative question
C. Leading question
D. None of the above

52. In civil law jurisdictions, which of the following BEST describes the major role of the advocates of the parties to the litigation during civil litigation?

A. The advocates cross-examine witnesses
B. The prosecution cross examine the defence witness
C. The defence counsel cross examine the prosecution witness
D. None of the above

53. Which of the following statements is NOT accurate in regard to litigation privileges?

A. Litigation privileges and other similar evidentiary protections, such as the attorney’s work product
doctrine, apply even to documents and things that were in existence before litigation was anticipated
B. Litigation privileges and other similar evidentiary protections does not protect documents that were in existence before litigation was anticipated
C. Affidavits are not protected by litigation privileges
D. None of the above

54. Defence counsel usually ask complex or confusing questions during cross-examination. Certified Fraud Examiners must be aware of the type of questions he is likely to ask. Which of the following is a type of question that a defence counsel is NOT likely to ask?

A. Open ended questions
B. Closed questions
C. Leading questions
D. None of the above

55. Which of the following statements is ACCURATE in regard to expert witness?

A. The Certified Forensic Fraud Examiner (CFFE) credential demonstrates expertise in fraud prevention and investigation, therefore CFFEs are automatically qualified to give testimony in any fraud-related issues
B. To testify in court as an expert witness, the witness must have formal training and experience in the
subject
C. To testify in court as an expert witness, the witness must have personal knowledge of the facts in issue
D. None of the above

56. Which of the following items should basically be included in the trial record of civil trials in inquisitorial jurisdictions?

A. All documents related to the facts in issue
B. A word-for-word transcript of all oral testimony
C. All information provided by witnesses
D. None of the above

57. Which of the following statements is ACCURATE in regard to testimonial evidence in a court of law in Kenya?

A. A forensic auditor can provide oral direct evidence baesd on evidence collected during investigations
B. An auditor who detects a fraudulent scheme in the course of a routine audit can be called to testify in a
court of law to offer oral direct evidence.
C. A witness can be called in a court of law to provide a document and can offer oral direct evidence
D. None of the above

58. Which of the following statements is NOT accurate in regard to admission of evidence under the Evidence Act Cap 80 of the Laws of Kenya in relation to a fraud case?

A. If a defendant admits in civil proceedings the facts need not be proved
B. If a criminal defendant made a confession incriminating himself, such confessions are generally not
admissible
C. Admissions by a criminal defendant can be admissible if they are made before a judge, magistrate or a
police officer in the rank of a chief inspector
D. Admission by a defendant in civil proceedings is not admissible

59. Which of the following statements is NOT accurate in regard to witnesses under the Kenyan Evidence Act?

A. A witness shall not be excused from answering questions related to the facts in issue
B. A witness called to produce a document is not a court witness, and cannot be cross examined
C. A person called to produce a document is a witness, and can be cross-examined
D. All the above

60. Which of the following statement is NOT correct in regard to exhibits?

A. All documents related to facts in issue are not exhibits
B. Exhibits are form of real evidence
C. Demonstrative evidence is not additional evidence
D. None of the above

61. In a common law jurisdiction like Kenya, which of the following is NOT a reason that counsel can use to impeach an opposing party’s witness?

A. The lay witness does not have personal knowledge of the facts in issue
B. The witness has previously shown lack of integrity
C. The witness has made contradicting statements
D. None of the above

62. Which of the following statements is NOT correct in regard to how a witness should conduct himself in a court of law while giving testimony?

A. Ask the judge to intervene, if the examining counsel behave in an outsrageous manner
B. Ignore the counsel’s unfair practice and answer questions unless otherwise directed by the court
C. The witness should wait fot the counsel to object to the counsel’s behaviour
D. None of the above

63. Which of the following statements is NOT accurate in regard to communication between an advocate and his client?

A. The client and advocate should keep the communication confidential
B. The purpose of the communication was to seek legal professional services
C. The advocate and client communication cannot be communicated to a third party under any
circumstances.
D. None of the above

64. Which of the following statements is NOT correct in regard to the trial phases for a civil trial in Kenya?

A. The Pre conference Phase
B. The trial phase
C. Judgement
D. Sentencing

65. In a criminal trial involving allegations of money laundering, the prosecution introduces a visual aid to illustrate relationship of transactions with several degrees of separation. Which of the following BEST describe the visual form of evidence?

A. Direct evidence
B. Documentary evidence
C. Real evidence
D. None of the above

66. During cross-examination counsel uses several techniques. Which of the following terms BEST describes the advocate’s technique for getting the expert witness to agree to a large amount of time being spent in one area of the investigation, only for the questioning to be on an area that the investigator did not cover, so as to show that the investigator’s work was limited in scope?

A. Myopic vision
B. False sense of security
C. Sounding board
D. None of the above

67. Which of the following statement is ACCURATE in regard to expert witnesses in adversarial jurisdictions

A. An opposing expert witness cannot testify about the opinions of the other expert
B. Expert witness can only be appointed by the court.
C. Expert witnesses cannot be appointed by the court to give an opinion different from that reached by an equally credible expert called by the parties to the litigation
D. None of the above

68. Which of the following statements is ACCURATE in regard to juries in legal trial process in the common law jurisdiction

A. In civil trials in some common law jurisdictions, the jury verdict must be unanimous
B. In criminal trials in common law jurisdictions, the jury verdict must be supported by the majority
C. Common law jurisdictions that use juries does not appoint juries in civil trials
D. None of the above

69. A forensic auditor in his forensic audit report stated that, he found that ten million shillings have been embezzled.
The facts to support the same was that he found that the day the money was withdrawn from the account, a few days later the same amount of money was deposited in the defendant’s account. Which of the following BEST describes the evidence stated in the forensic audit report?

A. Demonstrative evidence
B. Real evidence
C. Direct evidence
D. None of the above

70. Which of the following statements is NOT accurate in regard to the civil trial process in Kenya?

A. The plaintiff counsel conduct examination in- chief of their witnesses
B. The defendant counsel cross examine the plaintiff witnesses
C. The defendant counsel can re–examine the plaintiff witness on other matters not raised during cross
examination
D. None of the above

71. Which of the following is NOT accurate in regard to the admissibility of evidence in common law jurisdiction?

A. The purpose of authentication requirement in most common law systems is to ensure that the document is not a certified copy
B. The reason for not including hearsay evidence in common law jurisdictions is because hearsay evidence is unreliable.
C. Character evidence is inaddimisible as evidence because it not relevant to the facts in issue
D. All the above

72. Adversarial jurisdictions allow parties to conduct a sworn testimony given by a party or witness upon questioning by counsel for one of the parties during pre-trial. Which of the following BEST describe the type of examination?

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

73. Which of the following statements, in regard to standard and burden of proof in civil trial is ACCURATE?

A. In common law jurisdictions the burden of proof is with the plaintiff
B. In the common law jurisdictions, the standard of proof for civil trials is the same as the standard of proof
for civil trials in the inquisitorial jurisdictions
C. The standard of proof for civil trial in the inquisitorial law jurisdictions is lower than the standard of
proof for civil trials in the common law jurisdiction
D. None of the above

74. Which of the following statements is ACCURATE in regard to defendant’s testimony in both the civil and common law systems?

A. In inquisitorial judicial processes, criminal defendants are generally required to provide testimony, if so directed by the court
B. In inquisitorial judicial processes, criminal defendants have a right to remain silent
C. In adversarial judicial processes, criminal defendants have no right to remain silent
D. None of the above

75. Which of the following statements is NOT accurate in regard to civil trial court of appeal in the adversarial jurisdiction?

A. The appellate court can raise issues of facts and law
B. Both the winning and the losing side may appeal
C. The appellate court can only review issues of the law
D. None of the above

76. Which of the following statements is NOT accurate in regard to court of appeal in the inquisitorial jurisdictions?

A. The court of a appeal can call new expert witneses
B. The court of a appeal can call new witneses
C. The court can gather new documentary evidence
D. Civil appellate court cannot determine issues of law

77. Which of the following describe the jurisdiction where the court is involved in the investigation and examination phase?

A. Criminal justice system
B. Common law legal system
C. Civil justice system
D. None of the above

78. In common law judicial processes, which of the following parties gathers evidence and conducts the questioning of the expert witnesses during trial?

A. The presiding judge
B. The trial judge
C. The jury
D. None of the above

79. The authentication rules also apply to digital evidence and computer records. Which of the following statements is NOT accurate in regard to authentication of computer records?

A. The digital records must be accompanied by a written certification by the database administrator
B. The digital records are self authenticating, therefore, there is no need for further authentication
C. The digital records can be authenticated by a person with knowledge of, who created the records and how they are maintained
D. All of the above

80. Which of the statements is ACCURATE in regard to protection of investigation and related reports?

A. The investigation report is protected under the attorney client privilege
B. The investigation report is protected under the employer/employee privilege
C. The expert witness report is protected under the attorney client privilege
D. None of the above

81. Which of the following statements is ACCURATE in regard to testimonial and documentary evidence in the adversarial jurisdictions?

A. Common law jurisdictions favor documentary evidence over testimonial evidence
B. Adversarial jurisdiction favor testimonial evidence over documentary evidence because they do not
preside over the collection of the documentary evidence
C. Common law jurisdiction does not admit documentary evidence
D. None of the above

82. Under the Kenyan Evidence Act, which of the following statements is NOT accurate?

A. Oral evidence given by witnesses must be direct
B. Oral evidence must be based on the witness’s personal knowledge or firsthand information
C. Oral evidence given by an expert witness must be direct
D. None of the above

83. Which of the following statements is NOT accurate in regard to cross-examination?

A. During cross-examinations in adversarial systems, it is a general rule for opposing counsel to cross-
examine an expert witness by asking questions that will support their side

B. During cross-examinations in adversarial systems, it is a general rule for opposing counsel to cross-
examine an expert witness by asking questions that will support the opposing side

C. In inquisitorial jurisdictions, the defense counsel is not allowed to cross examine court appointed expert witness
D. None of the above

84. Which of the following statements in regard to evidence is NOT accurate?

A. Physical documents must be authenticated as a requirement for admission to evidence
B. Adversarial jurisdictions tend to have more stringent requirements for admissibility of evidence than the civil law jurisdictions
C. The objective of restrictions on admissibility of evidence is to ensure that the defendant and prosecution gets a fair hearing
D. All the above

85. Which of the following statements is NOT accurate?

A. In the civil law jurisdiction, evidence is inadmissible when one party objects to another person’s offer of evidence
B. Evidence can be inadmissible even if it is relevant and reliable
C. In the common law legal system relevant evidence to prove other facts in issue will be inadmissible to
prove facts in issue being litigated
D. All the above

86. Which of the following statements is ACCURATE in regard to the standard of proof in a criminal trial in Kenya

A. The evidence presented by the prosecution, must withstand the defence criticism to create doubts in the evidence
B. Evidence presented must be on balance of probability
C. Standard of proof is the inner conviction of the judge
D. None of the above

87. In the adversarial jurisdictions, relevance and admissibility are basic principles of evidence. Which of the following evidence is NOT relevant or admissible

A. Real evidence that is not unauthenticated
B. Evidence for other similar cases committed by the criminal defendant
C. Evidence by a person who received the information from another party
D. None of the above

88. Which of the following scenarios would NOT result to waiver of a client’s legal professional privilege over confidential communications with his attorney?

A. The client’s legal representative shares privileged communication with a consultanting expert
B. The client intentionally shares privileged communication with an unrelated third party who has no
legitimate interest in the matter
C. The client accidently forwards an email with privileged information to unrelated third parties who have no need to know the information.
D. All of the above

89. Which of the following statements is NOT accurate in regard to expert witnesses in civil law jurisdictions?

A. In inquisitorial jurisdiction the court appoints the primary expert witness
B. In inquisitorial jurisdiction the parties to the litigation may appoints their own expert witnesses
C. In inquisitorial jurisdiction the prosecution present the evidence first
D. All the above

90. Which of the following statements is NOT accurate in regard to admissibility of evidence?

A. Adversarial jurisdictions tend to have more stringent restrictions on admissibility of evidence than in the inquisitorial jurisdictions
B. The objective of the restriction of admissibility of evidence is to ensure that the prosecution gets a fair
trial
C. Inquisitorial jurisdiction can admit almost everything as evidence
D. If the judge sustains the objection, then the evidence will be inadmissible

91. Belinda is a lead suspect in an ongoing civil investigation in an adversarial jurisdiction that will likely end up in litigation. Belinda accidently shredded the original documents that were relevant to the facts in issue. Which of the following statements is NOT accurate?

A. Belinda violated her duty to preserve relevant information because she destroyed evidence relevant to a reasonably anticipated litigation
B. Belinda did not violate her duty to preserve relevant information because the court had not advised on
which documents should be preserved and at what point
C. Belinda violated her duty to preserve relevant information because the destruction of the documents
relevant to an anticipated litigation should cease
D. Belinda violated her duty to preserve relevant information because intentional or unintentional
destruction of the documents is obstruction of justice according to the law

92. Which of the following statements is NOT accurate in regard to evidence under the Kenya Evidence Act (CAP 80)?

A. The evidence act shall not apply to all judicial proceedings in or before any court
B. The evidence act shall not apply to the Kadhi’s court
C. The evidence act shall not apply to arbitration and tribunals
D. None of the above

93. Which of the following statements in regard to the Evidence Act is NOT accurate?

A. Confession by the accused is generally inadmissible
B. Confession by an accused will not be admissible if it is made before any investigator
C. Confession by co- accused implicating himself would not be admissible as evidence against the accused
D. All the above

94. Which of the following statements is NOT correct in regard to evidence in a fraud case?

A. Most of the fraud cases are almost entirely proven circumstantially
B. A person who has personal knowledge of a fraudulent transaction and is not a beneficiary of the offence can be a good fact witness to give direct oral evidence
C. A co-conspirator is a good fact witness to provide direct oral evidence
D. None of the above

95. Which of the following questions BEST describes an open ended question that the prosecution counsel might ask an expert witness during examination in chief in the Kenyan legal system?

A. “How did you know that the suspect committed the offence?
B. “You did find direct evidence implicating the defendant, is that true?”
C. “Could you please explain how bribes were paid by the contractor?”
D. None of the above

96. Which of the following statements is NOT accurate in regard to examination in chief and re- examination court processes?

A. Examination in chief and re- examination court processes are confrontational questioning that aims at exposing the facts of the case with the court
B. Examination in chief and re- examination court processes are non-confrontational questioning that aims at exposing the facts of the case with the court
C. Re-examination court processes are non-confrontational questioning that is conducted prosecution
counsel
D. All the above

97. Which of the following is NOT accurate in regard to questions that cross examination counsel can ask during cross examination?

A. Unlike the prosecution counsel, the defence counsel can ask leading question during cross examination
B. Unlike the defence counsel, the prosecution counsel is not allowed to ask leading questions during direct examination
C. Defence counsel will never ask the prosecution witness question that they do not know the answer
D. None of the above

98. Which of the following statements is NOT accurate in regard to examination in chief?

A. During examination in – chief, the prosecutor is allowed to ask the prosecution witness open ended
questions
B. During examination in – chief, the prosecutor is not allowed to ask the prosecution witness leading
questions
C. During examination in – chief, the prosecutor is allowed to ask the prosecution witness narrative
questions
D. None of the above

99. Hearsay evidence is generally not admissible in adversarial jurisdictions like Kenya. However, there are exceptions to the hearsay rule. Which of the following is NOT an example of the exemption of the hearsay rule?

A. Former testimony related to the fact in issue
B. An affidavit
C. Business records
D. All the above

100. Documents prepared outside the court for a purpose are generally considered as hearsay. Which of the following is NOT a hearsay document?

A. An affidavit
B. Financial statements
C. Management accounts
D. None of the above

(Visited 26 times, 1 visits today)
Share this:

Written by