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

WEDNESDAY: 6 December 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. Courts require an expert witness to give an expert opinion. Which of the following statement is NOT accurate in regard to an expert witness in a fraud criminal proceeding in Kenya jurisdiction?

A. The court does not retain 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 a criminal fraud trial in the common law jurisdictions?

A. The prosecution must serve the defendant with both exculpatory and inculpatory evidence
B. The main objective of the prosecution in a fraud criminal judicial proceedings is to ensure that the
criminal defendant is convicted
C. The main objective of the prosecution in a fraud criminal court proceeding is ensure justice
D. The prosecution has the burden of proof (1 mark)

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

A. All documents related to the facts in issue are exhibits
B. Financial statements are hearsay evidence and cannot be introduced as an exhibit to prove
misrepresentation of financial 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 is not an exhibit
D. None of the above (1 mark)

4. Which of the following statements is ACCURATE in regard to documents which 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 are relevant to the facts in issue and were in existence before litigation was anticipated
B. Documents that can be introduced as exhibits to prove a fraud case are those related to the facts in issue
C. Documents that can be introduced as exhibits to prove a fraud case are only those that were prepared for litigation purposes
D. None of the above (1 mark)

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

A. The rules of evidence under the evidence Act is relevance and admissibility
B. Civil law legal systems do not have a separate law of evidence
C. The law of evidence governs the admissibility of evidence in legal proceedings
D. None of the above (1 mark)

6. Jelly, a fraud suspect, enters into a plea agreement with the prosecution in the common law jurisdiction. Which of the following statements is ACCURATE in regard to a guilty plea?

A. Jelly’s guilty plea can be entered as evidence
B. Jelly’s guilty plea is real evidence
C. Jelly’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 cannot 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 statements is NOT accurate in regard to expert opinion testimony?

A. An expert opinion is a direct testimonial evidence
B. The expert opinion must be based on specialised knowledge on the facts in issue
C. The expert witness does not have firsthand information of the facts in issue
D. None of the above (1 mark)

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

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

10. Which of the following statements in regard to questioning of expert witness in Kenyan courts is NOT accurate?

A. The questioning of the expert witness is conducted by the parties to the litigations
B. The questioning of the expert witness is conducted during examination in chief and cross examination
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 NOT accurate in regard to an eye witness testimony?

A. The eye witness testimony must be oral direct evidence
B. The eye witness testimony must be based on personal knowledge of the facts being litigated
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 gained popularity in the adversarial jurisdictions in the recent years
B. Bargaining agreement is practiced more in the adversarial jurisdictions than in the civil law jurisdictions
C. Bargaining agreement is part of the criminal justice system
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 is not protected by professional legal privileges
C. The expert witness report must include the basis of the expert witness conclusion
D. None of the above (1 mark)

14. Which of the following is one of the three stages of a criminal proceeding in civil law jurisdiction?

A. The pre- trial phase
B. The trial phase
C. Oral written 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. Sentencing 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 cross examination 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 parties to the litigation
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 defence 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. Nick is being prosecuted for corruption and abuse of office in Kenya. In his defence, Nick calls a witness to testify to his good character. Which of the following statements is ACCURATE in regard to character evidence?

A. Nick’s character witness is a court witness
B. Nicks’s character witness is direct oral evidence
C. Nicks’s character witness is direct evidence
D. None of the above (1 mark)

20. Which of the following is an exhibit in a bribery and conspiracy case?

A. An asset that was acquired with proceeds of bribery
B. A witness testifying that they saw the accused take a bribe
C. The accused bank statement with deposits that the suspect cannot explain the legitimate sources of the funds
D. None of the above (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 opinion is direct evidence based on expertise
B. Expert testimony is an expert opinion based on specialised skills and knowledge
C. Expert testimony assist the judge to determine evidence of technical facts in issue
D. None of the above (1 mark)

22. 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 in issue?
B. Does the expert have specialised training and qualification of the facts in issue?
C. Does the expert have advanced training on the subject being litigated?
D. None of the above (1 mark)

23. Which of the following 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)

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

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

25. Which of the following statements concerning judges and juries in common 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 judges can only determine issues of facts
D. None of the above (1 mark)

26. In the inquisitorial jurisdiction, which of the following statements is NOT accurate in regard to having the full evidentiary record of criminal proceedings?

A. Only the presiding judge because he drives the discovery of evidence
B. Only the prosecutor because he drives the discovery of evidence
C. Both the parties to the litigation can have full access to the evidentiary record
D. None of the above (1 mark)

27. Alfred is the Chief executive officer of Precious CORP. Alfred 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. Books of account (1 mark)

28. 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 panel of judges
C. A panel of legal judges
D. None of the above (1 mark)

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

A. Relevant evidence must be exculpatory
B. The prosecution can only produce incriminating evidence in court to try and get the criminal defendant convicted
C. Relevant evidence can only be inculpatory
D. None of the above (1 mark)

30. Which of the following statements is 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)

31. 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 have had position 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 security of the hard drive image
C. Reliability of the evidence
D. None of the above (1 mark)

32. Which of the following statements is ACCURATE in regard to adversarial judicial process in a bribery criminal trial?

A. An expert witness may express an opinion regarding the criminal defendant’s liability
B. An expert witness may express an opinion regarding the criminal defendant’s responsibility for the
offence
C. An expert witness must express an opinion regarding the criminal defendant’s intent to commit the
offence
D. None of the above (1 mark)

33. 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)

34. Which of the following is an example of testimonial direct oral evidence in Kenya?

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)

35. 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 NOT an example of 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 undisclosed conflict of interest
D. None of the above (1 mark)

36. 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)

37. 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 prove other related facts
B. Relevant evidence may be admissible even if the evidence is determined by the expert witness
C. Relevant evidence may be admissible if it is relevant to facts in issue, and determine if the criminal
defendant is liable for the offence or not
D. None of the above (1 mark)

38. 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)

39. 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 cover all the areas of the investigation adequately
D. None of the above (1 mark)

40. Which of the following statements is ACCURATE in relation to Anti-fraud professionals’ code of ethics, like the ACFE Code of Professional Ethics

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
D. All the above (1 mark)

41. In adversarial jurisdictions, for a document to be admitted into evidence, which of the follow 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)

42. 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 after pre-trial
B. The duty arises before pre-trial
C. The duty arises during pre-trial
D. None of the above (1 mark)

43. 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 all information that will be used in court
C. Both the prosecution and defence are entitled to limited disclosures
D. None of the above (1 mark)

44. Which of the following statements is NOT 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 can be extended to a third-party under some circumstances
C. Legal professional privileges can be extended to a third-party for legal support services
D. All the above (1 mark)

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

A. Adversarial jurisdiction
B. Civil Justice System
C. Civil law jurisdiction
D. Common law jurisdiction (1 mark)

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

A. Summary judgement
B. Search warrants
C. Direct examination
D. Oral and written examination (1 mark)

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

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

48. 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 but cannot make a
determination on issues of evidence
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)

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

A. Direct evidence
B. Real evidence
C. Exhibits
D. None of the above (1 mark)

50. Cross examination, is usually conducted through questions. Which of the following types of questions is the defence counsel likely to use extensively on the prosecution expert witness.?

A. Complex questions
B. Narrative questions
C. Open questions
D. None of the above (1 mark)

51. 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 conduct the questioning of the witnesses
B. The defence counsel cross examines the prosecution witness
C. The advocates drive the discovery of evidence
D. None of the above (1 mark)

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

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

53. 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 facts in issue
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)

54. 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 (1 mark)

55. 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)

56. 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 generally not admissible (1 mark)

57. Which of the following statements is NOT accurate in regard to witnesses under the Kenya 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)

58. 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 tangible items and forms of real evidence
C. Demonstrative evidence is a tangible evidence so it is also an exhibit
D. None of the above (1 mark)

59. 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 is biased
C. The witness is dishonest
D. None of the above (1 mark)

60. 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. A witness should refrain from arguing with the defence counsel, if the examining counsel behave in an
outrageous manner
B. The witnesses should avoid answering some questions, where the appropriate answer would support the opposing side answer
C. The witnesses should evade answering some questions, where the appropriate answer would support the opposing side answer
D. None of the above (1 mark)

61. 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)

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

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

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

A. Direct evidence
B. Documentary evidence
C. Circumstantial evidence
D. None of the above (1 mark)

64. During cross-examination counsel uses several techniques. Which of the following terms BEST describe 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. Myopic vision
C. Sounding board
D. None of the above (1 mark)

65. 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. An expert witness can only be appointed by the court
C. An 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)

66. 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 criminal trials
D. None of the above (1 mark)

67. A fraud examiner in his fraud investigation report stated that, he found that twenty 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 (1 mark)

68. 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)

69. Which of the following 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 a document is not misrepresented
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)

70. Adversarial jurisdictions allow parties to conduct a 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. Cross-examination
B. Re-examination
C. Direct examination
D. Oral/written testimony (1 mark)

71. 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 defendant
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 defendant
D. None of the above (1 mark)

72. 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)

73. 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 determine only issues of law
B. The winning party in a civil trial can also appeal
C. The appellate court can review issues of evidence
D. None of the above (1 mark)

74. 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 documentary evidence because documents are tangible evidence
C. Common law jurisdiction can admit some hearsay documentary evidence like statements against interest
D. None of the above (1 mark)

75. Under the Kenya Evidence Act, which of the following statements is NOT accurate?

A. Oral direct evidence is a form of real evidence provided by a witness with firsthand information of
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 form of testimonial evidence
D. All the above (1 mark)

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

A. During cross-examination in adversarial jurisdictions, it is a general rule of the opposing counsel to cross examine an expert witness by asking questions that will support the defence
B. During cross-examinations in adversarial jurisdictions, it is a general rule for opposing counsel to cross examine an expert witness by asking leading questions where the answer will be yes or no
C. In inquisitorial jurisdictions, the defense counsel will be allowed to question court appointed expert
witness
D. None of the above (1 mark)

77. Which of the following statements in regard to evidence in criminal trials is NOT accurate?

A. Physical evidence must be properly 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 both defendant and
prosecution get fair trial
D. None of the above (1 mark)

78. Which of the following statements in regard to admissibility of evidence is ACCURATE?

A. In the common law jurisdiction, one party cannot object to another person offer of evidence
B. Evidence cannot be inadmissible even if it is relevant and reliable
C. In adversarial jurisdictions relevant evidence to prove other facts in issue will be inadmissible to prove
facts in issue in a court proceeding
D. None of the above (1 mark)

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

A. The evidence must not have any 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)

80. In the adversarial jurisdictions, relevance and admissibility are basic principles of evidence. Which of the following evidence is NOT admissible?

A. Real evidence that is relevant to prove other facts in issue
B. Exhibits that are relevant to the facts in issue
C. Direct oral evidence
D. None of the above (1 mark)

81. 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 consulting expert
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)

82. Which of the following statements is NOT accurate in regard to expert witnesses in inquisitorial 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)

83. Which of the following statements is MOST accurate in regard to admissibility of evidence in adversarial jurisdictions like Kenya?

A. The objective of the restriction of admissibility of evidence is to ensure that the Prosecution gets a fair trial
B. The objective of the restriction of admissibility of evidence is to ensure that the criminal defendant gets a fair trial
C. The objective of the restriction of admissibility of evidence is to ensure that the defendant gets a fair trial
D. None of the above (1 mark)

84. Carl is a lead suspect in an ongoing civil investigation in civil law jurisdiction that will likely end up in litigation. Carl unknowingly shredded the original documents that were relevant to the facts in issue. Which of the following statements is ACCURATE?

A. Carl violated his duty to preserve relevant information because he destroyed evidence relevant to a
reasonably anticipated litigation
B. Carl 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. Carl did not violate his duty to preserve relevant information because the court proceedings had not
commenced
D. None of the above (1 mark)

85. Which of the following statements is 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 apply to the Kadhi’s court
C. The evidence act shall apply to arbitration and tribunals
D. None of the above (1 mark)

86. Which of the following statements in under the Kenya evidence Act is ACCURATE?

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

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

A. Most of the fraud cases can be proven with real 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 can provide oral direct evidence
D. None of the above (1 mark)

88. Which of the following question BEST describes a leading question, that the prosecution counsel is allowed to ask an expert witness during examination in chief?

A. “How did You find out that suspect committed the offence?”
B. “You found exhibits incriminating the suspect?”
C. “Could you please explain how the bribes were given?”
D. None of the above (1 mark)

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

A. Examination in chief court process is adversarial 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, after cross examination
C. Re-examination court process is non adversarial questioning that is conducted by prosecution
counsel
D. None of the above (1 mark)

90. 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 questions during cross
examination
B. Unlike the defence counsel, the prosecution counsel is not allowed to ask leading questions during
re-examination
C. Prosecution counsel is allowed to ask leading questions during re- examination
D. None of the above (1 mark)

91. Which of the following statements is ACCURATE in regard to examination in chief phase of a court proceeding?

A. During examination in chief phase the prosecutor is not allowed to ask the prosecution witness open
ended questions
B. During examination in chief the prosecutor is allowed to ask the prosecution witness leading
questions
C. During examination in chief phase of a court proceedings, the prosecutor is not allowed to ask the
prosecution witness narrative questions
D. None of the above (1 mark)

92. 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 an exemption of the hearsay rule?

A. Statements against interest
B. An affidavit
C. Financial statements
D. None of the above (1 mark)

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

A. A Bank statement
B. Bank reconciliation statement
C. Receipt and deposits analysis
D. None of the above (1 mark)

94. In the common law jurisdictions, evidence can be excluded because of lack of reliability. Which of the following is NOT a rule of admissibility of evidence related to reliability?

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

95. 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 in relation to chain of custody?

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

96. Which of the following is NOT quite 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)

97. Which of the following statements is ACCURATE in regard to admissibility of character evidence in Kenyan courts?

A. In criminal trials in Kenya jurisdictions, character witnesses may testify about the defendant’s bad
character
B. In criminal trials in Kenya jurisdictions, character witnesses may not testify about the defendant’s good character based on specifics
C. In criminal trials in Kenya jurisdictions, defendant’s bad character cannot be used for conviction purposes
D. None of the above (1 mark)

98. Which of the following is ACCURATE in regard to admissibility of electronic evidence under the Kenya Evidence Act?

A. In legal proceedings, electronic messages and digital materials will be admissible as evidence
B. Electronic evidence does not have the same authentication requirement like tangible evidence, to be
admissible in court
C. Certified copy of an electronic evidence can be admissible in a court of law
D. None of the above (1 mark)

99. In adversarial jurisdictions, which of the following BEST describes the role of the advocates during court proceedings

A. The advocates conduct the questioning of the opposing witness during trial
B. The advocates conduct the cross examination of the opposing witnesses during trial
C. The advocates conduct cross examination of their own witnesses
D. None of the above (1 mark)

100. In civil law jurisdictions, which of the following BEST describes the role of the advocates during court proceedings

A. The advocates conduct the questioning of the opposing witness during trial
B. The advocates conduct the cross examination of the opposing witnesses during trial
C. The advocates conduct cross examination of their own witnesses
D. None of the above (1 mark)

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