CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
PILOT PAPER
MARCH 2025. Time Allowed: 3 hours.
Answer ALL questions. This paper has two Sections. SECTION I consists of fifty (50) Multiple Choice Questions carrying fifty (50) marks. SECTION II has four (4) structured questions carrying fifty (50) marks. Marks allocated to each question are indicated at the end of the question.
SECTION I (50 MARKS)
1. Which one of the following statements is NOT accurate in regard to an expert witness in a fraud civil suit in Kenya’s jurisdiction?
A. The plaintiff and the defendant retain their own expert witnesses to assist the court in interpreting the technical facts of the issues in fact to support the side of their case
B. The expert witnesses owe a duty to the court during the civil trial judicial proceedings
C. The expert witnesses owe a duty to the parties that retained them for purposes of civil trial
D. None of the above (1 mark)
ANSWER: C
2. Which one of the following statements is NOT accurate in regard to trial of a fraud case?
A. A fraud case can be tried as a civil or a criminal case
B. A fraud case can be tried as civil and criminal case concurrently
C. Fraud is a criminal offence and therefore can only be prosecuted as a criminal case the prosecution
D. The main objective of the prosecution in a fraud criminal judicial proceeding is to ensure the criminal defendant is convicted (1 mark)
ANSWER: D
3. Which one of the following statements is ACCURATE in regard to documentary evidence?
A. All documents related to the facts in issue are admissible as real evidence
B. Documents like financial statements are hearsay evidence, and cannot be introduced as an exhibit to prove fraudulent financial reporting
C. An affidavit is not a hearsay evidence because it is prepared an advocate under oath
D. Bank statements of a suspect accused of bribery that show that the suspect deposited substantial amounts of money in his account just around the same time of the alleged bribery can be introduced as an exhibit
(1 mark)
ANSWER: B
4. Which one of the following statements is NOT accurate in regard to documents that can be introduced in court as exhibits?
A. Documents that were in existence before litigation was anticipated
B. Documents that are real evidence
C. Documents that were only prepared as business transaction
D. Documents that are prepared for purposes of court proceedings (1 mark)
ANSWER: D
5. Which one of the following statements is NOT accurate in regard to evidence?
A. Most adversarial jurisdictions like Kenya have a separate law of evidence
B. Civil law legal systems do not have separate law of evidence
C. The law of evidence governs the admissibility of evidence in legal proceedings
D. The admissibility of evidence highly depends on the trial judge (1 mark)
ANSWER: D
6. Which one of the following statements is ACCURATE in regard to evidence?
A. A guilty plea can be entered as evidence
B. A guilty plea cannot be entered as evidence
C. A guilty plea is direct testimonial evidence
D. None of the above (1 mark)
ANSWER: B
7. Which one of the following statements is ACCURATE in regard to testimonial evidence in Kenya?
A. The only types of testimonial evidence include oral direct testimony and expert witness testimony
B. A corroborative witness gives expert testimony
C. There are several types of oral direct evidence
D. There are several types of expert testimony (1 mark)
ANSWER: A
8. Which one of the following statements is ACCURATE in regard to expert opinion testimony?
A. An expert opinion is a real evidence
B. An expert opinion must be based on advanced training on the facts in issue
C. An expert witness must have direct personal knowledge of the facts in issue
D. None of the above (1 mark)
ANSWER: B
9. Which one of the following statements is ACCURATE in regard to confession?
A. Confession is real evidence
B. Confession is direct evidence
C. Confession is a guilty plea
D. None of the above (1 mark)
ANSWER: D
10. Which one of the following statements is ACCURATE in regard to questioning of expert in courts in Kenya?
A. The questioning of an expert witness is conducted the judge
B. The questioning of an expert witness is conducted the defence counsel only
C. The questioning of an expert witnesses is conducted the parties to the ligation
D. None of the above (1 mark)
ANSWER: C
11. Which one of the following statements is ACCURATE in regard to an eye witness testimony?
A. An eye witness testimony opinion must be prejudicial
B. An eye witness testimony must be based on specialised knowledge
C. An eye witness testimony can be based on information provided another person who has personal knowledge of the facts in issue
D. None of the above (1 mark)
ANSWER: D
12. Which one of the following statements concerning criminal bargaining agreements is ACCURATE?
A. Bargaining agreement has experienced a lot of opposition in the common law jurisdictions in the recent years
B. Bargaining agreement is practiced more in the inquisitorial jurisdictions than in the adversarial jurisdictions
C. Bargaining agreement is not an efficient method of disposing criminal cases
D. None of the above (1 mark)
ANSWER: D
13. Which one of the following statements is NOT accurate in regard to an expert witness report or statement?
A. An expert witness report is not protected professional legal privileges
B. An expert witness report should include the qualification of the expert witness and basis of his/her conclusion
C. An expert witness report or statement is a written testimonial evidence
D. None of the above (1 mark)
ANSWER: C
14. Which one of the following is NOT one of the three stages of a criminal proceeding in an inquisitorial jurisdiction?
A. The investigative phase
B. The trial phase
C. The examination phase
D. None of the above (1 mark)
ANSWER: D
15. Which one of the following is NOT one of the three stages of a civil proceeding in common law jurisdictions?
A. The pre-trial phase
B. Trial
C. Sentencing
D. None of the above (1 mark)
ANSWER: C
16. Which one of the following statements is ACCURATE in regard to expert witness and the trial process in Kenya’s jurisdiction?
A. The examination – in – chief of the trial process is conducted the parties to the litigation
B. The cross – examination can be conducted both the prosecution and defense counsels
C. The examination – in chief of the trial process is conducted the judge
D. None of the above (1 mark)
ANSWER: B
17. Which one of the following statements is NOT accurate in regard to adversarial and inquisitorial jurisdictions in relation to cross-examination?
A. Both the adversarial and inquisitorial jurisdictions feature cross – examination
B. Only the adversarial jurisdictions feature cross-examination
C. In most inquisitorial jurisdictions the defense witness can question the court appointed expert
D. None of the above (1 mark)
ANSWER: A
18. Which one of the following parties may access the full evidentiary record prior to the trial phase of a criminal proceeding?
A. The judge and the prosecution only
B. The prosecution only
C. The defense
D. None of the above (1 mark)
ANSWER: D
19. Alex 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 one of the following statements is ACCURATE in regard to the character defence?
A. Alex’s witness testimony of good character is a direct testimonial evidence
B. Alex’s witness testimony of good character is circumstantial evidence
C. Alex’s witness testimony of good character is a real evidence
D. None of the above (1 mark)
ANSWER: D
20. Which one of the following statements BEST describes an exhibit in a fraud case?
A. Fraudulent invoice that was used to demand payment from the organisation
B. Fraudulent financial statements
C. An analysis of receipts against bank deposits
D. None of the above (1 mark)
ANSWER: A
21. Which one of the following statements is NOT accurate in regard to expert testimony in judicial proceedings in Kenya?
A. Expert testimony is a direct oral evidence based on personal knowledge
B. Expert testimony involves interpreting the technical matters related to the facts in issue
C. Expert testimony assists the judge or jury determine evidence of technical facts in issue
D. None of the above (1 mark)
ANSWER: A
22. Which one of the following statements is ACCURATE in regard to impeaching an expert witness on claims of conflict of interest?
A. The expert witness was a high school classmate of the suspect therefore he would have a conflict of interest
B. The testifying expert was at university with the client the same year and used to meet regularly during sports activities, therefore he would have a conflict of interest
C. The testifying expert was handsomely compensated the client for his services, therefore he might have a conflict of interest
D. None of the above (1 mark)
ANSWER: C
23. Which one of the following statements 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. Is the testimony based from reliable sources?
C. Is the testimony relevant to the facts of the case?
D. None of the above (1 mark)
ANSWER: D
24. Which one of the following statements describes the standard of proof for civil trials in Kenya’s jurisdictions?
A. Balance of probability
B. More likely than not
C. The inner conviction of the judge
D. Preponderance of evidence (1 mark)
ANSWER: A
25. Which one of the following statements concerning the criminal discovery process in adversarial jurisdictions like Kenya is ACCURATE?
A. Only the defense may request information from a defendant, but the prosecution is not allowed to request for any information
B. Only the prosecution and defence are allowed to request for limited information from each other
C. A party to the litigation may be allowed to introduce exhibits that were not served to the opposing party before trial
D. None of the above (1 mark)
ANSWER: A
26. Which one 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 cannot be cross examined, but can be questioned the prosecution counsel
D. None of the above (1 mark)
ANSWER: C
27. Which one of the following statements is NOT accurate in regard to exhibits?
A. All documents related to facts in issue are exhibits
B. Exhibits are tangible items and forms of real evidence
C. Demonstrative evidence is a tangible evidence but is not an exhibit
D. None of the above (1 mark)
ANSWER: A
28. In a common law jurisdiction like Kenya, which one of the following statements is NOT a reason that counsel can use to impeach a lay/eye 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 lay witness does not have technical skills and knowledge on the facts in issue
D. The witness is dishonest (1 mark)
ANSWER: C
29. Which one of the following statements is NOT accurate in regard to how a witness should conduct himself when testifying in court?
A. A witness should refrain from arguing or confronting the defence counsel
B. A witness should ask counsel to rephrase a leading question
C. A witness should refuse to answer questions where the appropriate answer would support the opposing side
D. A witness should not be seen to evade answering questions (1 mark)
ANSWER: C
30. Which one of the following statements is NOT accurate in regard to communication between an attorney and his client?
A. The client and advocate should keep their communication confidential
B. The purpose of communication is to seek legal professional services
C. The advocate and client communication cannot be communicated to a third party under any circumstances
D. The advocate and client communication can be communicated to a third party for purposes of seeking legal support (1 mark)
ANSWER: C
31. Which one of the following is NOT a trial phase 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)
ANSWER: C
32. The form of evidence that illustrates the relationship between transactions and people is .
A. direct evidence
B. exhibit
C. demonstrative evidence
D. circumstantial evidence (1 mark)
ANSWER: C
33. Which one of the following terms BEST describes the advocate’s technique for making a witness to constantly agree with the defendant’s counsel?
A. Contradiction
B. Myopic vision
C. Sounding board
D. None of the above (1 mark)
ANSWER: C
34. Which one of the following statements is NOT accurate in regard to expert witness in adversarial jurisdictions?
A. An opposing expert witness cannot testify about the opinions of another expert
B. An expert witness can be appointed the court, to express an opinion on the expert witness opinion, called the parties to the litigation opinion
C. Witnesses are appointed the parties to the litigation
D. None of the above (1 mark)
ANSWER: A
35. Which one 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 most common law jurisdictions, the jury verdict for criminal cases must be unanimous
B. In most common law jurisdictions, the jury verdict for serious civil cases must be unanimous
C. In most common law jurisdictions, the jury verdict must be unanimous only for serious criminal cases
D. In most common law jurisdictions, the jury verdict for both civil cases and criminal must be unanimous
(1 mark)
ANSWER: A
36. A forensic auditor in his report stated that he found that fifty million shillings has been misappropriated. To support the same, he said that he found that the day the money was withdrawn from the account, a few days later the suspect bought a very expensive vehicle that he could not explain the legitimate sources of the funds that he used to acquire the vehicle. Which one of the following describes the evidence stated in the forensic audit report?
A. Exhibit – motor vehicle
B. Circumstantial evidence
C. Direct evidence
D. Real evidence (1 mark)
ANSWER: B
37. Which one of the following statements is NOT accurate in regard to civil trials in Kenya?
A. The plaintiff counsel conducts 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)
ANSWER: D
38. Which one of the following statements is NOT accurate in regard to the rules of 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 fictitious
B. The reason for not admitting 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)
ANSWER: A
39. Which one of the following BEST describe the type of examination conducted counsels of the parties to the litigation during pre- trial?
A. Cross-examination
B. Re-examination
C. Oral/written testimony
D. None of the above (1 mark)
ANSWER: C
40. Which one of the following statements is ACCURATE in regard to burden of proof in civil suits?
A. In adversarial jurisdictions, the burden of proof is with the defendant
B. In the adversarial jurisdictions, the burden of proof is with the prosecution
C. In inquisitorial jurisdictions, the parties to the litigation have the burden of proof
D. None of the above (1 mark)
ANSWER: C
41. Which one of the following statements is NOT accurate in regard to criminal defendant’s testimony in both the inquisitorial and adversarial jurisdictions?
A. In civil law jurisdictions, criminal defendants are required to provide testimony if so directed the court
B. In adversarial jurisdictions, criminal defendants are required to provide testimony if so directed the court
C. In adversarial judicial processes, criminal defendants have a right to remain silent
D. In civil law jurisdictions, criminal defendants do not have a right to remain silent (1 mark)
ANSWER: B
42. Which of the following statement 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 against the judgement
C. The appellate court cannot determine issues of evidence
D. In a civil trial in adversarial jurisdictions it is only the losing party that can appeal against liability
(1 mark)
ANSWER: D
43. Which ones of the following statements is ACCURATE in regard to testimonial and documentary evidence in the adversarial jurisdictions?
A. Adversarial jurisdictions favour documentary evidence over testimonial evidence
B. Adversarial jurisdiction favour documentary evidence because all documents are exhibits and give more weight to the evidence
C. Adversarial jurisdiction cannot admit character evidence for conviction purposes but can apply character evidence for sentencing
D. None of the above (1 mark)
ANSWER: C
44. Under the Kenya Evidence Act, which one of the following statement is ACCURATE?
A. Oral direct evidence is a form of real evidence provided a witness with firsthand information of the facts in issue
B. Oral direct evidence is a form of direct evidence provided a witness with firsthand information of the facts in issue
C. Oral direct evidence is a form of circumstantial evidence provided a witness with firsthand information of the facts in issue
D. Oral direct evidence is a form of exhibit provided a witness with firsthand information of the facts in issue (1 mark)
ANSWER: B
45. Which one of the following statement is NOT accurate in regard to cross-examination?
A. During cross-examination in adversarial jurisdictions, it is a general rule for the opposing counsel to cross-examine an expert witness asking questions that will support the defense
B. During cross-examinations in adversarial jurisdictions, it is a general rule for opposing counsel to cross- examine an expert witness asking leading questions where the answer can be yes or no
C. During cross-examinations in adversarial jurisdictions, it is a general rule for opposing counsel to cross- examine an expert witness asking leading questions where the answer can only be yes (1 mark)
D. None of the above
ANSWER: B
46. Which one of the following statements in regard to admissibility of evidence in fraud criminal trials is NOT
accurate?
A. Physical evidence that is relevant to the facts in issue must be properly authenticated as a requirement for admission to evidence
B. Adversarial jurisdictions tend to have more stringent requirements for admissibility of evidence in criminal trials than civil trials
C. The objective of restrictions on admissibility of evidence is to ensure that both defendant and prosecution gets fair trial
D. The objective of restrictions on admissibility of evidence is to ensure that the defendant gets a fair trial
(1 mark)
ANSWER: C
47. Which one of the following statements in regard to admissibility of evidence is ACCURATE?
A. Evidence that is relevant and reliable is always admissible in trial proceedings
B. In adversarial jurisdictions, relevant evidence to prove other facts in issue will be admissible to prove facts in issue in a trial proceeding
C. Evidence that is relevant and reliable can be inadmissible in trial proceedings if the evidence is not relevant to the facts in issue
D. None of the above (1 mark)
ANSWER: C
48. Which one of the following statements is ACCURATE in regard to the standard of proof in a fraud or corruption trial in Kenya jurisdiction?
A. The evidence must pass the test of reasonable doubts that might be presented the defense
B. Evidence presented must be on balance of probability
C. The prosecution evidence must have more weight than that of the defense
D. None of the above (1 mark)
ANSWER: A
49. In the adversarial jurisdictions relevance and admissibility are basic principles of evidence. Which one of the following evidence is NOT admissible?
A. Real evidence that is relevant to prove other facts associated with the facts in issue
B. Exhibits that are relevant to the facts in issue
C. Direct oral evidence a witness
D. None of the above (1 mark)
ANSWER: A
50. Which one 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 communication with an unrelated third party who has no legitimate interest in the matter
C. The client accidently forwards an email with privileged information to unrelated third parties who have no need to know the information
D. None of the above (1 mark)
ANSWER: A
SECTION II (50 MARKS)
51. (a) Explain TWO differences between direct and circumstantial evidence in fraud case. (4 marks)
(b) Discuss THREE forms of evidence. (6 marks)
(c) Explain TWO types of direct evidence in fraud case. (10 marks)
(Total: 20 marks)
52. Explain THREE basic principles of evidence. (15 marks)
(Total: 15 marks)
53. (a) Explain the concept of “expert witness”. (2 marks)
(b) Describe FOUR roles of expert witness in a court of law. (8 marks) (Total: 10 marks)
54. (a) Outline TWO phases of civil litigation in the common law jurisdictions. (2 marks)
(b) Identify THREE phases of criminal trial proceedings in civil law jurisdictions. (3 marks)
(Total: 5 marks)
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