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

WEDNESDAY: 23 August 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. Fraud cases can be very technical. Therefore, courts require an expert witness to give an expert opinion. Which of the following statements is ACCURATE in regard to an expert witness, in a fraud civil litigation, in Kenya jurisdiction?

A. The court retains its own expert witnesses to assist the court in interpreting the technical facts of the issue in fact
B. The expert witnesses owe a duty to the court during the civil proceedings
C. The expert witnesses owe a duty to the parties that retained them, for purposes of civil litigation
D. None of the above (1 mark)

2. Which of the following statements is NOT accurate in regard to fraud trial?

A. A fraud case can be prosecuted as civil and criminal case concurrently
B. The main objective of the prosecution in a fraud criminal judicial proceedings is to have the criminal
defendant punished if found guilty
C. The main objective of the prosecution in a fraud criminal court proceeding is recover lost resource on
behalf of the victim
D. None of the above (1 mark)

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

A. Not all documents related to the facts in issue are real evidence
B. Financial statements are hearsay evidence, and cannot be introduced as an exhibit to prove
misrepresentation of either financial performance or position
C. 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, cannot be introduced as an exhibit to prove bribery
D. None of the above (1 mark)

4. Which of the following statements is NOT accurate in regard to which documents that could 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 are relevant to the facts in issue and were in in existence before litigation was anticipated
B. Documents that can be introduced as exhibits, to prove a fraud case are those that took part 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 business transaction
D. None of the above (1 mark)

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

A. Most adversarial jurisdictions like Kenya do not 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 rules of evidence (1 mark)

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

A. Jack’s guilty plea can be entered as evidence
B. Jack’s guilty plea is real evidence
C. Jack’s guilty plea is oral direct evidence
D. None of the above (1 mark)

7. Which of the following statements is NOT 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 can give oral direct evidence
C. Several witnesses can give oral direct evidence
D. None of the above (1 mark)

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 opinion is a direct evidence
B. The expert opinion must be based on skills and knowledge on the facts in issue
C. The expert witness must have firsthand information of the facts in issue
D. None of the above (1 mark)

9. Brenda Maina, a fraud suspect, in the inquisitorial jurisdiction provided a written confession statement in a fraud case. Which of the following statements is ACCURATE in relation to prosecution evidence?

A. Brenda’s confession is real evidence
B. Brenda’s confession is circumstantial evidence
C. Brenda’s confession is a guilty plea
D. None of the above (1 mark)

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

A. The questioning of the expert witness is conducted by the trial judge
B. The questioning of the expert witness is conducted by the defence counsel only
C. The questioning of the expert witnesses is conducted only during cross examination by the defence
counsel
D. None of the above (1 mark)

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

A. The eye witness testimony must be oral direct evidence
B. The eye witness testimony opinion must be based on specialised 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 (1 mark)

12. Which of the following statements concerning criminal bargaining agreements is NOT 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 adversarial jurisdictions than in the inquisitorial
jurisdictions
C. Bargaining agreement is an efficient method of disposing criminal cases.
D. None of the above (1 mark)

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

A. The expert witness report is protected by professional legal privileges
B. The expert witness report should include the qualifications and expertise of the expert witness
C. The expert witness report is not protected by professional legal privileges
D. The expert witness report must include the basis of their conclusion (1 mark)

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

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

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 phase
C. The investigation phase
D. None of the above (1 mark)

16. Which of the following statements is ACCURATE in regard to expert witness and the trial process in the Kenya jurisdiction?

A. The examination- in chief of the trial process is conducted by the parties to the litigation
B. The cross-examination can only be conducted by the defence counsel
C. The examination- in chief of the trial process is conducted by the judge
D. None of the above (1 mark)

17. Which of the following statements is ACCURATE in regard to adversarial and inquisitorial jurisdictions in relation to re-examination?

A. Both the prosecution and defence can conduct re-examination of the expert witness
B. Only the prosecution counsel can conduct re-examination of the expert witness
C. Defence counsel cannot cross examine the expert witness after re-examination
D. None of the above (1 mark)

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

A. The parties to the litigation
B. The prosecution only
C. The court
D. None of the above (1 mark)

19. Alex Kiptoo is being prosecuted for corruption and abuse of office in Kenya. In his defence, Alex calls a witness to testify to his good character. Which of the following statements is ACCURATE in regard to character evidence?

A. Alex’s character witness is a court witness
B. Alex’s character witness is circumstantial evidence
C. Alex’s character witness is not a court witness
D. None of the above (1 mark)

20. Which of the following statements is NOT an exhibit in a fraud case?

A. A fictitious sales invoice that was used to demand payment from the organisation
B. A forged cheque that is used to withdrawal money from the back
C. Statement of financial position
D. A fraudulent electronic money transfer (1 mark)

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 an oral direct evidence based on expertise
B. Expert testimony is an expert opinion based on expertise
C. Expert testimony assist the judge or jury determine evidence of technical facts in issue
D. None of the above (1 mark)

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 a college mate with the client, the same year and used to meet regularly during
college activities, therefore he would have a conflict of interest
C. The testifying expert was compensated far beyond the normal rates by the client for his service
D. None of the above (1 mark)

23. In adversarial 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 on reliable sources
C. Does the expert have advanced training on the subject being litigated
D. None of the above (1 mark)

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

A. Beyond reasonable doubts
B. More likely than not
C. Preponderance of evidence
D. None of the above (1 mark)

25. Which of the following statements concerning the criminal discovery process in adversarial jurisdictions like Kenya is NOT accurate?

A. Both the prosecution and defence are not entitled to any information
B. Both the prosecution and the defence are allowed to request for limited information from each other
during pre- trial
C. A party to the litigation may be allowed to introduce exhibits discovered later that were not served to the opposing party during pre-trial
D. None of the above (1 mark)

26. Which of the following statements concerning judges and juries in common law and civil law jurisdictions is NOT accurate?

A. Inquisitorial judicial processes use juries as fact-finders in all 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 only determine issues of facts
D. None of the above (1 mark)

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

A. The judge and the prosecution
B. The defence only
C. The prosecution only
D. None of the above (1 mark)

28. Albert Musyoka is the Chief executive officer of ABC CORP. Albert is being prosecuted in Kenya for fraudulent financial reporting. Which of the following is NOT a type of real 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. Concealed payable invoices
D. None of the above (1 mark)

29. Which of the following parties may serve as a fact finder in serious criminal proceedings in inquisitorial jurisdictions?

A. A panel of juries
B. A judge
C. A panel of both legal and lay judges
D. None of the above (1 mark)

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

A. Relevant evidence must be exculpatory
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. Relevant evidence can be inculpatory or exculpatory
D. Relevant evidence must be inculpatory (1 mark)

31. Which of the following statements is NOT accurate in regard to legal professional privileges?

A. Legal professional privileges commence after the legal proceedings have began
B. Legal professional privileges commence immediately once litigation is reasonably anticipated
C. Legal professional privileges commence immediately once litigation is contemplated
D. All the above (1 mark)

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 had possession of the computer since it was seized, then questions will be raised regarding which of the following?

A. The authenticity of the hard drive
B. The chain of custody
C. The security of the hard drive image
D. None of the above (1 mark)

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

A. An expert witness may 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 (1 mark)

34. In the adversarial jurisdictions, which of the following is generally NOT an objective of the defence counsel during the cross-examination of an expert witness?

A. To ask questions that they already have an answer
B. To obtain information about the expert witness’s previous contradicting statements to question the
witness’s honesty and truthfulness
C. To diminish the importance of the expert’s testimony by showing that the evidence is irrelevant and
unreliable
D. None of the above (1 mark)

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

A. Witness testimony about red flags of fraud
B. Expert testimony based on interpretation of the facts
C. Testimony that the defendant deposited seven million shillings into his account three days after the
money was stolen from his employer
D. None of the above (1 mark)

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

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. None of the above (1 mark)

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

A. Evidentiary record is created by the presiding judge
B. Evidentiary record is created during the examination phase
C. Evidentiary record is discovered by the court during trial
D. None of the above (1 mark)

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

A. Relevant evidence may be admissible if it is relevant to other related facts
B. Relevant evidence may be admissible even if the evidence is prejudicial
C. Relevant evidence may be admissible if it is relevant to prove other facts
D. None of the above (1 mark)

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

A. Hearsay evidence is generally inadmissible
B. Documents are generally hearsay
C. Hearsay evidence is not admissible under any circumstances
D. None of the above (1 mark)

40. In cross-examination of a prosecution expert witness, which of the following is an objective of 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. The purpose of the cross-examination counsel is to create false sense of security (1 mark)

41. Which of the following statements is ACCURATE in relation to Anti-fraud professionals’ code of ethics, like CFFE Code of Professional Ethics, CFFE’s 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 (1 mark)

42. In adversarial jurisdictions, for a document to be admitted into evidence, which of the following is NOT a requirement?

A. The document must be real evidence
B. The document must be properly authenticated
C. The document must be certified
D. None of the above (1 mark)

43. Which of the following statements is ACCURATE in regard to the 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 before pre-trial
C. The duty arises during pre-trial
D. None of the above (1 mark)

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 entitled to limited disclosures
B. The prosecution is entitled to the attorney’s work product
C. Both the prosecution and defence are entitled to limited disclosures
D. None of the above (1 mark)

45. Which of the following statements 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 advice
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 legal support services
D. All the above (1 mark)

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

A. Adversarial jurisdiction
B. Civil Justice System
C. Inquisitorial jurisdiction
D. None of the above (1 mark)

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

A. Summary Judgement
B. Summons
C. Direct examination
D. None of the above (1 mark)

48. Which of the following statements is ACCURATE in regard to appointment of expert witnesses in the civil law jurisdiction?

A. In inquisitorial jurisdictions, the defence cannot appoint an expert witness
B. In the civil law jurisdictions, the defence can appoint their expert witnesses
C. In the civil law jurisdictions courts, the parties to the litigation appoint their expert witnesses
D. None of the above (1 mark)

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

A. In most adversarial 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 refer the case to the bench court
D. None of the above (1 mark)

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

A. Direct evidence
B. Real evidence
C. Circumstantial evidence
D. All the above (1 mark)

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

A. Closed questions
B. Narrative questions
C. Leading questions
D. Open questions (1 mark)

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

A. The advocates cross-examine witnesses
B. The prosecution cross examines the defence witness
C. The advocates play an advisory role
D. None of the above (1 mark)

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, does not protect documents and things that were in existence before litigation was anticipated
B. Litigation privileges and other similar evidentiary protections protects materials prepared for litigation
C. Litigation privileges protect documents that were in existence before litigation was anticipated
D. None of the above (1 mark)

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

A. Narrative questions
B. Closed questions
C. Leading questions
D. None of the above (1 mark)

55. Which of the following statements is ACCURATE in regard to an 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 (1 mark)

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

A. Key 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 (1 mark)

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

A. A fraud investigator can provide oral direct evidence based 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 to offer oral direct evidence
C. A witness called in court to provide a document can offer oral direct evidence
D. None of the above (1 mark)

58. Which of the following statements is NOT accurate in regard to admission of evidence under the evidence Act Cap 80 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 (1 mark)

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

A. A witness called to produce a document is not a court witness
B. A witness called to produce a document is not a court witness therefore cannot be cross examined
C. A person called to produce a document is a court witness, and can be cross-examined
D. None of the above (1 mark)

60. Which of the following statements is NOT accurate 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 is not an exhibit
D. None of the above (1 mark)

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

A. The lay witness does not have personal knowledge of the facts in issue
B. The lay witness has a conflict of interest
C. The witness has previously shown lack of integrity
D. None of the above (1 mark)

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

A. Argue with the defence counsel if the examining counsel behave in an outrageous manner
B. Ignore the counsel’s unfair practice and answer questions unless otherwise directed by the court
C. The witness should wait for the counsel to object to the counsel’s behavior
D. None of the above (1 mark)

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

A. The client and advocate should keep the communications confidential
B. The purpose of the communications was to seek legal professional services
C. The advocate and client communication cannot be communicated to a third party
D. All the above (1 mark)

64. Which of the following is NOT accurate in regard to a trial phase in a civil trial in adversarial jurisdictions?

A. The pre conference Phase
B. The trial phase
C. Judgement
D. Sentencing (1 mark)

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. Demonstrative evidence (1 mark)

66. During cross-examinations, 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. Contradiction
B. False sense of security
C. Sounding board
D. None of the above (1 mark)

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

A. An opposing expert witness cannot testify about the opinions of another expert
B. Expert witness can only be appointed by the Court
C. Expert witnesses can 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 (1 mark)

68. Which of the following statements is ACCURATE in regard to juries in legal trial process in the adversarial jurisdictions in civil and criminal trials?

A. In civil trials in some common law jurisdictions, the jury verdict must be unanimous
B. In criminal trails in common law jurisdictions, the jury verdict must be supported by the majority
C. Common law jurisdictions that use juries does not use juries in civil trials
D. None of the above (1 mark)

69. A fraud examiner in his fraud investigation 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. Circumstantial evidence
D. None of the above (1 mark)

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

A. The plaintiff counsel conduct examination in- chief of their witness
B. The defendant counsel cross examines the plaintiff witness
C. The prosecution counsel can re–examine the plaintiff witness on matters raised during cross examination
D. None of the above (1 mark)

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

A. The purpose of authentication requirement in most common law systems is to ensure that the document is not forgery
B. The reason for not including hearsay evidence in common law jurisdictions is because hearsay evidence is not reliable
C. Character evidence is inadmissible as evidence because it not relevant to the facts in issue
D. None of the above (1 mark)

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 describes the type of examination?

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

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

A. In adversarial jurisdictions the burden of proof is with the plaintiff
B. In the common law jurisdictions, the burden of proof is with the prosecution
C. In inquisitorial jurisdictions the burden of proof is with the plaintiff
D. None of the above (1 mark)

74. Which of the following statements is NOT accurate in regard to defendant’s testimony in both the inquisitorial and adversarial jurisdictions?

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 a right to remain silent
D. None of the above (1 mark)

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 review only issues of law
B. Only the losing party in a civil trial may appeal
C. The appellate court cannot review issues of evidence
D. None of the above (1 mark)

76. Which of the following statements is NOT 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 and anlysis of the documentary evidence
C. Common law jurisdiction does not admit hearsay documentary evidence
D. None of the above (1 mark)

77. Under the Kenyan Evidence Act, Which of the following statements is NOT accurate?

A. Oral direct evidence can only be given by an expert witness who has expertise on the facts in issue
B. Oral direct evidence can only be given by a witness with firsthand information of the facts in issue
C. Oral direct evidence is a type of testimonial evidence
D. All the above (1 mark)

78. 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 of the opposing counsel to cross-
examine an expert witness by asking questions that will support the prosecution

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

C. In inquisitorial jurisdictions, the defense counsel is allowed to cross examine court appointed expert
witness
D. None of the above (1 mark)

79. Which of the following statements in regard to evidence in criminal trials 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. None of the above (1 mark)

80. Which of the following statements is NOT accurate?

A. In the civil law jurisdiction, one party cannot object to another person 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. None of the above (1 mark)

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

A. The evidence must pass the test of reasonable doubt
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 (1 mark)

82. In the adversarial jurisdictions, relevance and admissibility are basic principles of evidence. Which of the following evidence is admissible?

A. Real evidence that is not authenticated
B. Evidence for another similar cases committed by the criminal defendant
C. Evidence by a person who received the information from another party
D. None of the above (1 mark)

83. 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 counsel shares privileged communications with a fraud expert for technical assistance
B. The client intentionally shares privileged communications 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 (1 mark)

84. 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 cannot appoint their own expert witnesses
C. In inquisitorial jurisdiction the presiding judge presents the evidence for both sides before the trial judge
D. All the above (1 mark)

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

A. The objective of the restriction of admissibility of evidence is to ensure that the defendant gets a fair trial
B. The objective of the restriction of admissibility of evidence is to ensure that the prosecution gets a fair
trial
C. If the judge sustains an objection, then the evidence will be inadmissible
D. None of the above (1 mark)

86. Caleb Lenok is a lead suspect in an ongoing civil investigation in an adversarial jurisdiction that will likely end up in litigation. Caleb shredded the original documents that were relevant to the facts in issue. The documents were due for destruction. Which of the following statements is ACCURATE?

A. Caleb violated his duty to preserve relevant information because he destroyed evidence relevant to a
reasonably anticipated litigation
B. Caleb did not violate his duty to preserve relevant information because the court had not advised on
which documents should be preserved and at what point
C. Caleb did not violate his duty to preserve relevant information because the court proceedings had not
commenced
D. None of the above (1 mark)

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

A. The evidence act shall 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 (1 mark)

88. Which of the following statements under the evidence Act is NOT accurate?

A. Confession by a suspect is generally inadmissible
B. Confession by a suspect will not be admissible if it is made before any investigator
C. Confession by a co- accused implicating himself is admissible as evidence against the accused
D. None of the above (1 mark)

89. Which of the following statements is ACCURATE in regard to evidence in a fraud case?

A. Most of the fraud cases can be proven by direct evidence
B. A person who has personal knowledge of a fraudulent transaction and is not a beneficiary of the offence cannot be a good fact witness to give oral direct evidence
C. An accomplice cannot be a good fact witness to provide oral direct evidence
D. None of the above (1 mark)

90. Which of the following questions BEST describe a leading question, that the prosecution counsel might ask an expert witness during examination in chief?

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 the books of account were manipulated?”
D. None of the above (1 mark)

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

A. Examination in chief court process is non-confrontational questioning that aims at exposing the facts of the case with the court
B. Re-examination court process is non-confrontational questioning that aims at exposing the facts of the case with the court
C. Re-examination court process is confrontational questioning that is conducted by defence counsel
D. None of the above (1 mark)

92. Which of the following statements 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, the prosecution counsel is not allowed to ask leading question during direct
examination
C. Defence counsel will ask the prosecution expert witness technical questions to seeks answers
D. None of the above (1 mark)

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

A. During examination in – chief, the prosecutor is not 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 (1 mark)

94. Hearsay evidence is generally not admissible in the 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. Public records
C. Business records
D. None of the above (1 mark)

95. Documents are generally considered as hearsay. Which of the following is NOT a hearsay document?

A. A data analysis report
B. Bank reconciliation statement
C. Management accounts
D. An Invoice (1 mark)

96. In the common law jurisdictions, evidence can be excluded because of lack of reliability. Which of the following is a rule of admissibility of evidence related to reliability?

A. Rule of authentication
B. Rule against character evidence
C. The best rule evidence
D. None of the above (1 mark)

97. In adversarial jurisdictions like Kenya, documentary evidence can be excluded because of lack of chain of custody. Which of the following is a rule related to admissibility of documentary evidence?

A. Rule against hearsay
B. Rule against character evidence
C. The best rule evidence
D. The rule of authentication (1 mark)

98. Which of the following statements is NOT accurate in regard to admissibility of electronic evidence under the Kenya Evidence Act?

A. In any legal proceedings, electronic messages and digital materials will be admissible as evidence
B. Just like tangible evidence, electronic evidence is required to be authenticated to be admissible as
evidence
C. Electronic evidence must be relevant to the manner in which the electronic digital evidence was
generated, stored and communicated
D. None of the above (1 mark)

99. Which of the following statements is NOT accurate in regard to admissibility of character evidence in Kenyan courts?

A. In criminal trials in Kenya jurisdiction, a character witnesses may testify about the defendant’s general good character
B. In criminal trials in Kenya jurisdictions, character witnesses may testify about the defendant’s bad
character
C. In criminal trials in Kenya jurisdictions, character witnesses may not testify about the defendant’s good
character based on specifics
D. In criminal trials in Kenya jurisdictions, character witnesses may not testify about the defendant’s bad
character (1 mark)

100. Which of the following statements is NOT accurate in regard to admissibility of electronic evidence under the Kenya Evidence Act?

A. In legal proceedings, electronic messages and digital materials will not be admissible as evidence
B. Electronic evidence must be authenticated to be admissible in court
C. Electronic evidence must be in its original form to be admissible
D. None of the above (1 mark)

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