PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS

WEDNESDAY: 3 August 2022. Afternoon paper.                                       Time Allowed: 3 hours.

This paper has one hundred (100) multiple choice questions. All questions are compulsory. Marks allocated to each question are shown at the end of the question. Each question is allocated one (1) mark.

1. In common law countries, expert witnesses are allowed to draw conclusions and express opinions. Which of the following is NOT correct about an expert opinion testimony in a trial process?

A. The expert opinion must not be prejudicial
B. The expert opinion must base on specialized knowledge of the facts in issue
C. The expert opinion should be able to assist the judge to determine the evidence related to the facts in issue
D. The witness must have direct personal knowledge of the facts in issue. (1 mark)

2. Laura, a fraud suspect, in the civil law jurisdiction confesses to fraud. During Laura’s trial for the fraud, the prosecution introduces Laura’s confession as evidence of intent to commit fraud. What type of evidence is Laura’s confession?

A. Exhibit
B. Direct evidence
C. Real evidence
D. Hearsay evidence (1 mark)

3. Which of the following statements concerning the credibility of expert witnesses in most civil law legal systems is CORRECT?

A. The judge and the parties cannot question the credibility of a court-appointed expert witness
B. Both the judge and the parties may question the credibility of a court-appointed expert witness
C. Only the parties may question the credibility of a court-appointed expert witness
D. Only the judge may question the credibility of a court-appointed expert witness (1 mark)

4. Which of the following is NOT an accurate statement about the judicial treatment of privileges from foreign jurisdictions in cross-border litigation?

A. There is standardization and predictability with respect to privileges in cross-border litigation
B. The transnational principles and rules established a set of standardized rules of privilege for cross-border litigation
C. Parties to litigation involving cross-border litigation should expect to have the privilege laws from their own jurisdiction applied when engaged in litigation abroad.
D. All the above (1 mark)

5. Austine, a Certified Forensic Fraud Examiner, obtained a document at the beginning of the investigation. Since Austin obtained the document, several individuals have had it in their possession. When litigation commenced the document was introduced at trial. The chain of custody was not maintained. Which of the following would be questioned about the document?

A. The authenticity of the document
B. The best rule of the evidence
C. The chain of custody
D. The validity of the evidence (1 mark)

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

A. Bargaining agreements are only allowed in common law jurisdictions
B. Bargaining agreements are more commonly accepted in civil law jurisdictions
C. Bargaining agreements are more commonly accepted in civil law jurisdictions than common law jurisdictions.
D. None of the above

7. Which of the following statements is TRUE about the expert’s report or statement?

A. When an expert is hired by a court or a party to litigation to testify at trial, the expert’s statement is generally protected from being disclosed to the opposing side
B. The expert’s fraud investigation report is protected from disclosure to the opposing side
C. The expert report can only be presented during trial
D. None of the above (1 mark)

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

A. The investigative phase
B. The pre-trial phase
C. The trial phase
D. The sentencing phase (1 mark)

9. Which of the following statement is TRUE in regard to expert witness and the trial process in the common law jurisdiction?

A. The examination in chief phase of the trial process is, the best phase for the prosecution expert witness to establish the facts of the case with the court
B. The expert witness must be aware of the cross-examination counsel’s techniques, that may make the expert witness support the defence side
C. The cross-examination counsel will usually not ask open ended question but rather leading questions
D. All the above (1 mark)

10. Which of the following statements is NOT true about adversarial jurisdictions and inquisitorial jurisdictions in relation to direct and cross-examinations?

A. Both the adversarial and inquisitorial feature direct examination
B. Both the adversarial and inquisitorial feature cross-examination
C. Inquisitorial jurisdictions do not feature cross-examination
D. All the above (1 mark)

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

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

12. Daisy is being prosecuted in a common law system using adversarial processes for corruption and bribery. In defence of the charges, Daisy claims that she is a person of high integrity and therefore could not have committed the crime. The prosecution wants to show evidence of Daisy’s previous convictions for corruption to prove that she does not have integrity as claimed. Could the court allow the prosecution to introduce the evidence of Daisy’s previous convictions. Which of the following statement is CORRECT in regard to the admissibility of the evidence?

A. Daisy’s prior convictions are inadmissible because her character evidence is not reliable to prove the facts in issue.
B. Daisy’s prior convictions are inadmissible because her character evidence is not relevant to the facts in issue.
C. Daisy’s prior convictions evidence are inadmissible for conviction but can be used to determine sentencing
D. All the above (1 mark)

13. Which of the following statement is ACCURATE in regard to expert testimony in judicial proceedings?

A. Provide evidence lay testimony based on personal knowledge and perceptions of the facts in issue
B. Assist in providing and establishing one essential circumstance among many others
C. Assist the judge or jury understand the evidence or to determine the fact in issue
D. None of the above (1 mark)

14. Which of the following statement BEST describes conflict of interest for a testifying expert witness?

A. The expert witness knew or met the accused or their attorneys before being retained as an expert
B. The testifying expert’s ability to be objective because of his relationship with the parties who have retained him.
C. The testifying expert received payments for his services as an expert witness
D. None of the above (1 mark)

15. In adversarial judicial jurisdictions, which of the following is NOT a question that must typically be asked in determining whether an expert may testify before the jury?

A. Does the expert have the necessary qualifications and experience in the subject at issue?
B. Is the testimony reliable?
C. Is the testimony relevant to the facts of the case?
D. Does the expert have a master’s degree in the subject? (1 mark)

16. Which of the following best describes the standard of proof for civil trials in common law jurisdictions?

A. Clear and convincing
B. More likely than not
C. The inner conviction of the judge
D. Preponderance of evidence (1 mark)

17. Which of the following statements concerning the criminal discovery process in adversarial jurisdictions is NOT ACCURATE?

A. The prosecution may request information but the defendant is not allowed to request information
B. Neither party may request evidence from the opposing party until after the trial begins.
C. A party to the litigation may be allowed to introduce exhibits that were not served to the opposing party
D. All the above (1 mark)

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

A. Inquisitorial judicial processes are those that do not use juries in a fact-finding role.
B. In a bench trial in adversarial jurisdictions, the judge only decides questions of law.
C. Juries primarily decide issues of law in adversarial jurisdictions.
D. None of the above (1 mark)

19. In the civil law 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 only
B. The prosecution only
C. Both the prosecution and the defense
D. The defense only (1 mark)

20. Zachary is being prosecuted in a civil law system using inquisitorial processes for interception of data being transmitted over the internet. hacking into. During the investigation phase in defense of the charges, Zachary claims that he did not have the technical skills required to gain access to the internet, and therefore could not have committed the crime. The prosecution wants to show evidence of Zachary’s previous convictions for hacking to prove that he has the technical skills required to gain access to the network. Could the court admit Zachary’s character evidence of previous convictions?

A. No, Zachary’s prior convictions are inadmissible character evidence.
B. Yes, because the civil law jurisdiction admits character evidence
C. No, because the evidence is being entered to prove Zachary’s ability to commit the crime
D. No, because the evidence is not authentic (1 mark)

21. Which of the following parties might serve as fact finders in criminal proceedings in various civil law systems?

A. A jury
B. A judge
C. A panel of both professional and lay judges
D. All of the above (1 mark)

22. Which of the following statements is correct?

A. Relevant evidence is evidence that tends to make some fact at issue more or less likely than it would be without the evidence.
B. In common law jurisdictions, evidence of other crimes committed by a defendant is usually admissible to prove that a defendant is generally a bad person, and therefore is likely to have committed the crime with which he is charged.
C. Under the evidence Act relevance of evidence is key to the admissibility of evidence
D. All the above (1 mark)

23. Solo, a Certified Forensic Fraud Examiner, is testifying in court as an expert witness in an adversarial system. During cross-examination, opposing counsel invades Solo’s body space. What should solo do?

A. Ignore the counsel’s behavior.
B. Attempt to move away from opposing counsel
C. Ask the judge to intervene
D. All the above (1 mark)

24. Which of the following statement is CORRECT in regard to evidence and litigation privileges?

A. In criminal trials in some common law jurisdictions, character witnesses may testify to the defendant’s character about specific instances of the defendant’s good character.
B. Litigation privileges and other similar evidentiary protections, such as the attorney’s work product doctrine, only protect documents and materials prepared by an attorney.
C. Litigation privileges and other similar evidentiary protections, such as the attorney’s work product doctrine, protect documents and materials prepared by a consulting expert under the supervision of counsel
D. None of the above (1 mark)

25. 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 have had position since it was seized, then questions will be raised regarding which of the following?

A. The hard drives’ security
B. The integrity of the data
C. The security of the hard drive image.
D. None of the above (1 mark)

26. Which of the following statements is NOT CORRECT in regard to the common law legal systems?

A. An expert witness may not express opinions or draw conclusions in his testimony during a legal proceeding.
B. In most common law systems, a party can introduce relevant exhibits as evidence in the trial only if they are original
C. In common law jurisdictions that use juries, judges most commonly serve as the fact-finder in criminal.
D. All the above (1 mark)

27. 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 do not know the answer
B. To obtain information about the expert witness’s previous contradicting statements to question the witness’s honesty and truthfulness
C. To discredit the expert’s testimony by showing that lack expertise in the subject of the matters at issue
D. To diminish the importance of the expert’s testimony by showing that the evidence is irrelevant and unreliable (1 mark)

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

A. Witness testimony about red flags of fraud
B. Expert testimony based on interpretation of the facts
C. A lay testimony of someone saying that she saw the defendant steal items from his employer’s inventory
D. Testimony that the defendant deposited one million shillings into his account on the same day one million was stolen from his employer (1 mark)

29. In systems using adversarial processes, 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 impeachment based on the witness’s knowledge

A. The expert witness made prior inconsistent statements
B. The expert has a reputation for untruthfulness
C. The expert has a conflict of interest
D. None of the above (1 mark)

30. In civil litigation in civil law jurisdictions, when is the trial record typically created?

A. After the presiding judge has completed the investigations
B. During the examination phase
C. After the court has completed the examination phase
D. In the pre-trial stage (1 mark)

31. For evidence to be admissible, the evidence must be relevant to the facts in issue, however it is not always the case. Relevant evidence does not automatically mean that it will be admitted in adversarial trials. Evidence may be relevant but still inadmissible. Which of the following is one of those scenarios?

A. Relevant but not to the facts in issue
B. Relevant but unduly prejudicial
C. Relevant but confusing
D. All of the above (1 mark)

32. Which of the following statements is NOT correct in regard to evidence?

A. A photograph can be either demonstrative evidence or an exhibit
B. The three basic forms of evidence are demonstrative, real, and direct.
C. The primary reason for maintaining the chain of custody on an item is to ensure the authenticity of the item
D. Hearsay evidence is not admissible in adversarial jurisdiction because it is not reliable (1 mark)

33. In cross-examination of an expert witness, the defence counsel will often use the “Is it not true?” and “Would you agree with me?” approach. Which of the following is an objective of this technique of cross-examination?

A. Show that the witness is not objective due to the conflict of interest he holds
B. Provide the expert with a false sense of security
C. Confuse the expert to contradict himself
D. Make the expert a sounding board by continuously agreeing with the defense counsel’s position (1 mark)

34. According to anti-fraud professionals’ code of ethics, fraud examiners who testify as expert witnesses are prohibited from:

A. Testifying to opinions of guilt or innocence
B. Testifying to opinions of the opposing other expert witness testimony
C. Testifying that, according to the evidence, they believe the accused committed the offence
D. All the above (1 mark)

35. In adversarial jurisdictions, for a document to be admitted into evidence, it must pass which of the following test?

A. The document must be properly signed
B. The document must be properly certified
C. The document must be properly authenticated
D. All the above (1 mark)

36. Which of the following statements is CORRECT in regard to at what point does the duty to preserve information arises in the common law jurisdiction?

A. The duty arises when the case is filed with the court
B. The duty arises court files a written order directing a party to preserve certain information
C. The duty arises when litigation is reasonably anticipated or contemplated
D. When an action for a negligent or intentional injury against a person or property is filed. (1 mark)

37. Which of the following statements is ACCURATE in regard to prosecution’s right to obtain disclosure of information from defendants in criminal proceedings in common law jurisdictions?

A. The prosecution is typically entitled to more disclosures from the defendant than parties in civil litigation
B. The prosecution is entitled to any disclosures.
C. The prosecution is not entitled to any disclosures
D. None of the above (1 mark)

38. Which of the following statement is NOT correct in regard to waiver of privileges?

A. Waiver of a legal professional privilege occurs when a client shares privileged information with a third party who has no role to play in litigation
B. Legal professional privileges can be extended to a third-party offering expertise support in a litigation
C. Legal professional privileges cannot be extended to a third-party offering expertise support in a litigation
D. All the above (1 mark)

39. Caroline is retained by a court to provide an opinion involving specialised knowledge in the accounting field for a trial. Which of the following legal system is Caroline giving expert testimony?

A. Common law legal system
B. Criminal Justice System
C. Civil legal system
D. None of the above (1 mark)

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

A. Pre-trial written examinations
B. Information
C. Search warrant
D. None of the above (1 mark)

41. In most civil law jurisdictions, which of the following parties appoint expert witnesses to provide testimony to the court?

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

42. Which of the following statements is ACCURATE in relation to Trial and appellate courts in common and civil legal systems?

A. In most common law jurisdictions, a civil appellate court generally interviews additional fact witnesses and expert testimony and collects new documentary evidence
B. In most civil law jurisdictions, a civil appellate court does not review issues of facts
C. Unlike the civil legal system, the common law legal system reviews matter of the law only
D. All the above (1 mark)

43. Linnet, a Certified Forensic Fraud Examiner, has been appointed to testify during a fraud case. During the investigation, Linnet reviewed the defendant’s bank statements and found that an equivalent amount of money was deposited in her account around the same time of the alleged disappearance of the money that was under her control.
Which of the following BEST describes the type of evidence found in the bank statements?

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

44. Defense counsel usually conduct their cross examination through questions. Which of the following types of questions is the defense counsel likely to ask the expert witness?

A. A Leading question
B. A double negative question
C. Alternative question
D. All the above (1 mark)

45. In common law jurisdictions, which of the following best describes a major role of the advocates of the parties to the litigation during civil litigation?

A. To examine and cross-examine witnesses
B. To request and obtain documentary evidence from each other prior to the trial
C. The prosecution presents the evidence in court
D. All of the above (1 mark)

46. Which of the following statements is CORRECT?

A. Litigation privileges and other similar evidentiary protections, such as the attorney’s work product doctrine, apply only to documents and things prepared in anticipation of litigation or for trial.
B. If the attorney shares client communications that are confidential and subject to the legal professional privilege with an outside consultant hired to help provide legal advice to the attorney’s client, the client will not loss legal professional privilege
C. Litigation privileges and other similar evidentiary protections does not protect documents that were in existence before litigation was anticipated
D. All the above (1 mark)

47. Advocates have a habit of asking complex or confusing questions during cross-examination in a trial process. When a Certified Forensic Fraud Examiner is hired to testify in court, they must be aware of the advocate’s’ tactics. Which of the following is a tactic or techniques used by the cross-examining advocates?

A. Asking overly complex questions that cannot be easily understood
B. Asking leading questions to make the expert support the opposing side’s position
C. Asking question pretending they do not the answer, hoping the expert will give the wrong answer
D. All the above (1 mark)

48. Which of the following statements is NOT correct in regard to expert witnesses?

A. 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 know the facts of the matter in issue
D. All the above (1 mark)

49. Which of the following statements is NOT correct in regard to appointment of expert witnesses?

A. In all inquisitorial court systems, parties are not allowed to appoint their own expert witnesses.
B. Some inquisitorial court systems allow parties to appoint their own expert witnesses.
C. In most inquisitorial court systems, the court appoints a primary expert witness
D. All the above (1 mark)

50. Which of the following items should basically not be included in the trial record of civil trials in inquisitorial jurisdictions?

A. Every document submitted as evidence
B. A word-for-word transcript of all oral testimony
C. All information provided by witnesses
D. All of the above (1 mark)

51. Which of the following statements is NOT true in regard to witnesses in investigations and trial in a court of Law?

A. All witnesses interviewed during investigations are not fact witnesses, therefore they can only provide information and not evidence
B. A witness who can give provide facts of the matter at issue based on personal knowledge can be called to court as a lay/fact witness
C. An auditor who detects a fraudulent scheme in the course of a routine audit can be called to testify in court of law as an expert witness to interpret the technical facts of the case
D. All the above (1 mark)

52. Which of the following statements is CORRECT in regard to the basic principles of evidence in the common law jurisdiction?

A. Evidence must be relevant to the facts at issue
B. Evidence must reliable
C. Evidence must be admissible
D. All the above (1 mark)

53. Which of the following statements is TRUE in regard to the admissibility of evidence in Kenya?

A. Illegally obtained evidence is inadmissible
B. Hearsay evidence is inadmissible because it is not reliable
C. Physical items like document presented as exhibits must be properly authenticated
D. All the above (1 mark)

54. Which of the following statements is NOT correct in regard to evidence?

A. All relevant documents related to a fact in issue are exhibits
B. Exhibits are not always in form of a real evidence
C. Character evidence is an example of demonstrative evidence
D. All the above (1 mark)

55. In a common law jurisdiction like Kenya, counsel may be able to impeach an opposing party’s witness by showing which of the following?

A. The lay witness has an impaired ability to observe.
B. The lay witness has a conflict of interest
C. The witness has previously shown lack of integrity
D. All the above (1 mark)

56. Which of the following is a reason why litigants involved in cross-border litigation should not expect to have the privilege laws from their own jurisdiction applied when engaged in cross-border litigation?

A. Courts understand their local privilege laws more than the laws of foreign jurisdictions
B. Courts are able to better understand the concepts of the local privilege laws
C. Courts are more inclined to apply their own privilege laws than the laws of foreign jurisdictions
D. All of the above (1 mark)

57. In the event that the opposing counsel questioning the expert witness is using extreme unfair practices, which of the following should the expert do?

A. Rebuke the counsel
B. Ignore the counsel’s unfair practice and answer questions unless otherwise directed by the court
C. Should not be seen to be evading answering questions
D. None of the above (1 mark)

58. Which of the following is TRUE about the protection of the communications between an advocate and his client to be protected by a legal professional privilege?

A. The client and advocate should keep the communications confidential
B. The purpose of the communications was to seek legal professional services
C. The communication is between a lawyer and a client
D. All of the above (1 mark)

59. In a civil trial in adversarial jurisdictions, a court may grant a party’s request if it determines that there is no adequate defense of fact at issue and the requesting party is entitled to judgment as a matter of law. Which of the following BEST describes the judgement?

A. Summary Judgement
B. Final judgment
C. Judgment n.o.v
D. Conviction (1 mark)

60. Which of the following statements is NOT correct in regard to the trial phases in both the common and civil law?

A. The inquisitorial has three trial phases
B. The adversarial has sentencing
C. Conviction and sentencing are conducted in separate phases in the civil law jurisdictions
D. None of the above (1 mark)

61. There are three forms of evidence that fall in either of the two types of evidence. In a criminal trial involving allegations of fraud, the prosecution introduces a diagram to illustrate the organizational structure of the company alleged to be involved fraud. The diagram is what form evidence?

A. Exhibit evidence
B. Demonstrative evidence
C. Documentary evidence
D. Real evidence (1 mark)

62. Which of the following is the cross-examination technique that entails getting the expert to admit a great amount of time being spent in one area of the investigation, and then questioning on an area that the investigator did not cover, for purposes of showing that the investigators work was limited in scope.

A. Contradiction
B. False sense of security
C. Myopic vision
D. None of the above (1 mark)

63. Which of the following statements is NOT true in regard to expert witnesses

A. An opposing expert cannot testify about the opinions of the other expert.
B. Expert witness may be called by the court or the parties.
C. Expert witnesses are sometimes called upon to give an opinion different from that reached by an equally credible expert called by the court or the other side.
D. All the above (1 mark)

64. Which of the following statements is TRUE 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 does not need to be unanimous.
B. In criminal trails in common law jurisdictions, the jury verdict must be unanimous.
C. Civil law jurisdictions do not use juries in civil trials, the judge acts as the fact finders
D. All the above (1 mark)

65. A Certified Forensic Fraud Examiner in his examination report stated that, he has found that five million shillings have been misappropriated. 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 fraud investigation report?

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

66. Which of the following BEST describes the prosecution and defence trial process in Kenya?

A. The prosecution presents the evidence during the examination in chief.
B. The defence counsel cross examine the prosecution witnesses
C. The prosecution can re- examine on matters brought by the defence counsel during cross- examination and the defence can further cross-examine
D. All the above (1 mark)

67. Which of the following is TRUE 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 forgery is not admitted into evidence
B. The reason for excluding hearsay evidence in common law jurisdictions is because hearsay evidence is unreliable.
C. The reason for excluding character evidence in the common law jurisdictions is to ensure justice because character evidence is not reliable to prove that a defendant who had previously been convicted, is the same person who committed the offence in question
D. All the above (1 mark)

68. Some common law countries 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. Oral examination
D. Direct examination (1 mark)

69. Which of the following statements in regard to standard and burden of proof is CORRECT?

A. In civil law systems, the standard of proof in civil trials and criminal trials is generally the same.
B. In the common law jurisdictions, the standard of proof for civil trials is lower the burden of proof for civil trials in the civil law jurisdictions
C. The standard of proof for civil trial in the civil law jurisdictions is higher than the standard of proof for civil trials in the common law jurisdiction
D. All the above (1 mark)

70. Which of the following statements is NOT 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 a right to remain silent
D. All the above are correct (1 mark)

71. Which of the following statements is CORRECT in regard to civil trial court of appeal?

A. Generally, only the losing side may appeal from an adverse verdict
B. Both the winning and the losing side may appeal
C. Only the winning side may appeal for equitable remedy
D. All the above (1 mark)

72. Which of the following actions may a civil appellate court perform in most civil law jurisdictions?

A. Obtain new expert opinions
B. Obtain new witness testimony
C. Gather new documentary evidence
D. All of the above (1 mark)

73. The judicial process, where the court oversees the investigation of a case, is primarily responsible for questioning witnesses, and generally plays a larger role in the evidence-gathering process than the parties’ legal counsel. Which of the following does NOT describe the judicial process?

A. Adversarial process
B. Inquisitorial process
C. Civil law legal process
D. All the above (1 mark)

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

A. The court
B. The parties to the litigation or their advocates
C. The jury
D. The parties or their legal counsel (1 mark)

75. Authentication applies both to tangible documents and computer records. Which of the following is a method of authenticating computer records?

A. Accompanying the evidence with a written certification by the database administrator
B. Providing evidence of the elements of the documents
C. Personal knowledge of, who created the document or how is maintained
D. All of the above (1 mark)

76. Terry, a Certified Forensic Fraud Examiner who lives and works in a common law legal system with litigation privileges, conducted an investigation of an alleged corruption. Terry discovered fraud at the XYZ Company and prepared a report that handed over to the audit committee. Which of the statement is CORRECT in regard to protection of reports?

A. The report is protected under the client privilege
B. The report is protected under the employer/employee privilege
C. The client advocate privilege
D. None of the above (1 mark)

77. Which of the following statements is TRUE in regard to testimonial evidence in both the common and civil law jurisdictions?

A. Testimonial evidence refers to oral statements made by witnesses under oath.
B. Civil law jurisdictions favor testimonial over documentary evidence
C. Common law jurisdiction favor documentary evidence over testimonial evidence
D. None of the above (1 mark)

78. Under the Kenya Law Evidence Act, which of the following statement is correct?

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. Expert testimony is not direct evidence, but experts can express opinion on technical matters of the fact in issue
D. All the above (1 mark)

79. Which of the following statement is NOT correct 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 benefit the opposing side.                                                                                             B. In inquisitorial jurisdictions, the defense counsel is allowed to cross examine the expert witness
C. In inquisitorial jurisdictions, the defense counsel is not allowed to cross examine court appointed expert
witness
D. None of the above (1 mark)

80. Which of the following statements in regard to evidence is correct?

A. The rules of evidence can be complex; therefore, a legal counsel should be consulted when issue of evidence arises
B. Common law legal systems tend to have more stringent requirements for admissibility of evidence than the civil law system
C. The objective of restrictions on admissibility of evidence is to ensure that the defendant gets a fair trial
D. All the above (1 mark)

81. Which of the following statements is most NOT accurate?

A. In the common law jurisdiction, evidence is inadmissible when one party objects to another person offer of evidence
B. Evidence can be relevant and reliable but not admissible if obtained illegally
C. In the common law legal system relevant evidence to prove other issues will not be admissible to prove the facts in issue to any issue
D. All the above (1 mark)

82. Which of the following statements is most ACCURATE?

A. In the common law legal system, relevant evidence will always be admitted
B. In the common law legal system, relevant evidence can be inadmissible, if the evidence is unduly
prejudicial, cause unnecessary delay and expensive
C. Unlike the common law legal system, in civil legal system relevance of evidence is not a requirement for
admissibility of evidence                                                                                                                                                                                                     D. All the above (1 mark)

83. In the common law legal system, reliability is one of the basic principles of evidence. Evidence may be found unreliable if the evidence is

A. Not authenticated
B. Based on character evidence
C. Based on hearsay evidence
D. All the above (1 mark)

84. Which of the following scenarios would potentially result in the waiver of a client’s legal professional privilege over confidential communications with his attorney?

A. The client’s legal representative shares privileged communications with an unrelated third party who has no need to know the information
B. The client intentionally shares privileged communications with an unrelated third party who has no need to know the information
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)

85. Which of the following statements is TRUE in regard to expert witnesses in civil and common law jurisdictions?

A. Generally, inquisitorial courts appoint their own expert witness, whose testimony will be the primary expertise considered by the court.
B. In some inquisitorial jurisdictions, the parties might also be able to (or required to) make experts available for the court-appointed expert to question.
C. Expert witnesses in both adversarial and inquisitorial systems must be prepared to have their testimony withstand cross examination
D. All the above (1 mark)

86. Which of the following statement is NOT correct in regard to admissibility of evidence?

A. The common law systems tend to have stringent restrictions on admissibility of evidence than in the civil law system
B. The objective of the restriction of admissibility of evidence is to ensure the defendant gets a fair trial
C. Questions involving admissibility of evidence occur when one party objects to another party’s offer of evidence
D. If the judge sustains the objection, then the evidence will be admissible (1 mark)

87. Carey is the lead suspect in an ongoing civil investigation in adversarial jurisdiction that will likely end up in litigation. Carey shredded the original documents that are key to the investigation because they were due for destruction. Which of the following statements is NOT correct?

A. Carey violated his duty to preserve relevant information because he destroyed evidence valuable to anticipated litigation
B. Carey violated his duty to preserve relevant information even though litigation had not commenced when he shredded the documents
C. Carey violated his duty to preserve relevant information because, with an ongoing investigation, litigation was reasonably anticipated
D. All the above (1 mark)

88. Which of the following is TRUE in regard to evidence under the Kenya Law 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. All the above (1 mark)

89. Which of the following statements in regard the evidence act is CORRECT?

A. Confession by the accused is generally inadmissible
B. Confession by an accused will be admissible if it is made before the magistrate or police officer not below the rank of an inspector
C. Confession by co- accused implicating himself would be admissible
D. All the above (1 mark)

90. Which of the following statements is TRUE 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 evidence
C. A co-conspirator is a good fact witness to provide direct evidence
D. All the above (1 mark)

91. Myopic vision is one of the cross-examination technique that can be used to support an expert witness’ by highlighting areas in which the expert has done much research on.

A) True
B) False (1 mark)

92. Which of the following would be an example of a narrative question that an attorney might ask an expert witness during direct examination in an adversarial system?

A. “How did you know that the suspect was deceptive?”
B. “You did not find any direct evidence implicating the suspect, is that true?”
C. “Could you please describe the methods you took during your examination?”
D. None of the above (1 mark)

93. Which of the following questions will the cross examining counsel ask during cross examination?

A. Cross-examining attorney will ask leading questions
B. Cross-examining attorney will ask narrative questions
C. Cross-examining attorney will ask open ended question
D. None of the above (1 mark)

94. During examination in – chief the prosecutor is allowed to ask the prosecution witness leading questions?

A) True
B) False (1 mark)

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

A. Former testimony related to the fact in issue
B. Statements against interest
C. Business records
D. All the above (1 mark)

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

A. An affidavit
B. Financial statements
C. A receipt or invoice
D. All the above (1 mark)

97. Expert witness can be excluded if it draws legal conclusions.

A) True
B) False (1 mark)

98. 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?

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

99. Which of the following is TRUE in regard to admissibility of evidence under the Evidence Act?

A. In any legal proceedings, electronic messages and digital materials will be admissible as evidence
B. Evidence will be admissible if it is in its original form
C. Reliability of the manner in which the electronic digital evidence was generated, stored and communicated                                           D. All the above (1 mark)

100. A person called to provide a document in court is a court witness.

A) True
B) False (1 mark)

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