CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
WEDNESDAY: 4 December 2024. Afternoon Paper. Time Allowed: 3 hours.
This paper consists of one hundred (100) Multiple Choice Questions. Answer ALL questions indicating the letter (A, B, C or D) that represents the correct answer. Each question is allocated one (1) mark.
1. Which one of the following statements is ACCURATE in regard to an expert witness testimony fraud in a civil action in Kenya jurisdiction?
A. Only the plaintiff retains an expert witness to assist the court in interpreting the technical facts
B. Only the defendant retains an expert witness to assist the court in interpreting the technical facts
C. The expert witness owes a duty to the parties that appointed them
D. The expert witness owes a duty to the court but not the party that appointed them (1 mark)
2. Which one of the following statements is ACCURATE in regard to fraud prosecution?
A. Evidence for fraud trial must be direct to be admissible in a court of law
B. Evidence must be of reasonable doubt to be admissible in a court of law
C. Evidence presented persecution must be able to withstand reasonable doubts
D. Circumstantial evidence is not admissible in fraud prosecution because the evidence is not beyond reasonable doubts (1 mark)
3. Which one of the following statements is ACCURATE in regard to hearsay evidence?
A. All documents related to the facts in issue are direct evidence
B. Financial statements are direct evidence and therefore not hearsay evidence
C. An affidavit is direct evidence
D. Bank statements of a suspect accused of corruption is circumstantial evidence (1 mark)
4. Which one of the following statements BEST describes documents that can be introduced in court as exhibits?
A. Documents that were in existence before litigation was anticipated
B. Documents that played part in the commission of the offence
C. Documents that were prepared as a business transaction
D. Documents that were prepared an expert for purposes of litigation (1 mark)
5. Which one of the following statements is NOT accurate in regard to judicial proceedings in relation to evidence in Kenya’s jurisdiction?
A. Kenya has a procedural law that sets the rules and procedures of how evidence would be handled
B. Judicial legal proceedings in Kenya jurisdiction are strictly governed the law of evidence
C. Administrative proceedings in Kenya are strictly governed the law of evidence
D. Not all legal proceedings in Kenya are strictly governed the law of evidence (1 mark)
6. Which one of the following statements is ACCURATE in regard to guilty plea?
A. Guilty plea can be entered as evidence
B. Unlike confession in civil law jurisdictions guilty plea is not evidence
C. Guilty plea is direct testimonial evidence
D. Guilty plea is similar to confession in civil law jurisdiction (1 mark)
7. Which one of the following statements is NOT accurate in regard to a court appointed expert Kenya?
A. A court appointed expert provides expert testimonial evidence in court
B. A court appointed expert does not provide expert testimonial evidence in court
C. A court appointed expert expresses an opinion on the expert testimonial evidence
D. A court appointed expert provides direct testimonial evidence in a court of law (1 mark)
8. Which one of the following statements is ACCURATE in regard to expert opinion?
A. An expert opinion is based on real evidence
B. The expert opinion must be based on expertise on the facts in issue
C. The expert opinion must be based on direct personal knowledge of the facts in issue
D. The expert opinion must be oral direct evidence (1 mark)
9. Which one of the following statements is MOST ACCURATE in regard to a written confession statement?
A. A written confession statement is oral direct evidence
B. A written confession statement is testimonial evidence
C. A written confession statement is similar to a guilty plea
D. A written confession statement is entered as evidence in inquisitorial jurisdictions (1 mark)
10. Which one of the following statements is ACCURATE in regard to cross examination of witnesses in criminal proceeding in Kenya jurisdiction?
A. The cross examination of the expert witness is conducted the presiding judge
B. The cross examination of the expert witness is conducted the trial judge
C. The cross examination of the expert witness is conducted the parties to the criminal prosecution
D. The cross examination of the expert witness is conducted the defendants’ counsel (1 mark)
11. Which one of the following statements is ACCURATE in regard to oral direct evidence in Kenya’s jurisdiction?
A. The eye witness testimony is oral direct
B. Oral direct evidence must be based on specialised knowledge
C. Oral direct evidence must be based on expertise of the facts in issue
D. Oral direct evidence is not type of direct evidence (1 mark)
12. Which one of the following statements is ACCURATE in regard to bargaining agreements in Kenya’s jurisdictions?
A. Bargaining agreement is not a preferred method of disposing criminal cases
B. Bargaining agreement is practiced more in the inquisitorial jurisdictions than in the Kenya’s jurisdictions
C. Bargaining agreement is not an effective method of disposing criminal cases
D. Bargaining agreement is a preferred method of disposing criminal cases (1 mark)
13. Which one of the following statements is ACCURATE in regard to the expert witness statement?
A. The expert witness statement is protected professional legal privileges
B. The expert witness statement should include the summary of the evidence
C. An expert witness statement is written testimonial evidence
D. An expert witness statement is not written testimonial evidence (1 mark)
14. Which one of the following is the first phase of the trial phase of a criminal proceeding in Kenya’s jurisdiction?
A. The investigative phase
B. The pre-trial phase
C. The examination phase
D. The trial phase (1 mark)
15. Which one of the following court proceedings does NOT feature sentencing phase in Kenya?
A. Civil proceedings
B. Criminal proceedings
C. Both criminal and civil proceedings
D. Criminal prosecution (1 mark)
16. Which one of the following statements is ACCURATE in regard to criminal trials examinations in Kenya’s jurisdiction?
A. The examination-in chief, during the trial process is conducted the prosecution
B. The cross-examination can be conducted the prosecution counsel only
C. The examination-in chief of the trial process is conducted the judge
D. The cross-examination can be conducted defence counsel only (1 mark)
17. Which one of the following statements is NOT accurate in regard to questioning and cross-examination?
A. Inquisitorial jurisdictions do not conduct cross-examination
B. Only the adversarial jurisdictions conduct cross-examination
C. In most inquisitorial jurisdictions, the defence witness can question the court appointed expert but not to cross examine
D. In most inquisitorial jurisdictions, the defence witness cannot question the court appointed expert
(1 mark)
18. Which one of the following parties may discover all the evidence to be presented in court during a criminal trial?
A. The court and the prosecution
B. The prosecution only
C. The court and the parties to the litigations
D. The parties to the criminal proceedings (1 mark)
19. Which one of the following statements is ACCURATE in regard to good character evidence?
A. Good character evidence is direct testimonial evidence
B. Good character evidence is circumstantial evidence
C. Good character evidence is admissible in a court of law
D. Good character evidence is not admissible in a court of law (1 mark)
20. Which one of the following is an exhibit in a fraud trial?
A. Fraudulent invoice
B. Fraudulent financial statements
C. An analysis of receipts and bank deposits
D. Direct testimonial evidence (1 mark)
21. Which one of the following statements is ACCURATE in regard to expert testimony in civil and criminal fraud trials in Kenya?
A. Expert testimony is not required in civil trials
B. Expert testimony is required in criminal trials only
C. Expert testimony is required in both civil and criminal trials
D. Expert testimony is required in civil trials (1 mark)
22. Which one of the following statements is NOT accurate in regard to challenging an expert witness on the basis of knowledge?
A. The expert witness does not have advanced knowledge on the facts in issue
B. The expert witness does not have knowledge and skills on the facts in issue
C. The expert witness does not have specialised knowledge on the facts in issue
D. The expert witness does not have formal training or experience on the facts in issue (1 mark)
23. Which one of the following questions is NOT asked in regard to an expert witness expert testimony?
A. Does the expert have the required skills in the facts at issue?
B. Is the testimony reliable?
C. Is the testimony relevant to the facts of the case?
D. Does the expert have firsthand information of the facts in issue? (1 mark)
24. Which one of the following statements BEST describes the burden of proof in civil proceedings in Kenya’s jurisdictions?
A. Strict burden of proof
B. Burden of proof is with the plaintiff
C. Burden of proof is with the defence
D. Burden of proof is with the prosecution (1 mark)
25. Which one of the following is NOT a type of direct evidence?
A. False invoices
B. An accomplice testimony against the accused person
C. Oral direct evidence
D. An expert witness testimony (1 mark)
26. Which one of the following parties is NOT a fact finder?
A. A panel of juries
B. A judge
C. A panel of both legal and lay judges
D. The parties to the litigation (1 mark)
27. Which one of the following statements is MOST accurate in regard to inculpatory evidence?
A. Evidence that is not inculpatory is not relevant to the facts in issue
B. Evidence that is not inculpatory can be relevant to the facts in issue
C. Evidence that is not inculpatory is inadmissible in a court of law
D. Evidence that is inculpatory must be direct evidence (1 mark)
28. Which one of the following should an expert witness NOT do while testifying in court?
A. Be calm and professional
B. Not evade answering questions
C. Ask counsel to be objective
D. Ignore counsel’s behaviour (1 mark)
29. Which one of the following statements BEST explains the main objective of the defence attorney during cross- examination?
A. To make the witness a sounding board
B. To obtain more information from the expert
C. To impeach their knowledge
D. To impeach their credibility (1 mark)
30. Which one of the following is an example of oral direct evidence?
A. A testimony from a character witness
B. A testimony an expert witness
C. A co-accused testimony against the accused
D. Testimony based on inference (1 mark)
31. Which one of the following is an example of impeachment based on the witness’s credibility?
A. The expert witness has previously been convicted of a crime
B. The expert is not well trained on the subject matter
C. The expert does not have advanced training on the subject matter
D. The expert does not have essential skills and experience on the facts in issue (1 mark)
32. Which one of the following statements is NOT accurate in regard to recording of evidence in the civil law jurisdiction?
A. The parties to the litigation assist in ensuring that the evidence is recorded accurately
B. Evidentiary record is created presiding judge
C. The parties to the litigation document their own evidence
D. Evidentiary record is created during the examination phase (1 mark)
33. Which one of the following statements is ACCURATE in regard to admissibility of evidence in common jurisdictions?
A. Evidence must be relevant to the allegations
B. Prejudicial evidence is admissible if it is relevant to the facts
C. All relevant evidence is admissible
D. Circumstantial evidence is not relevant and therefore inadmissible (1 mark)
34. Which one of the following statements is ACCURATE in regard to admissibility of hearsay evidence?
A. Documents that were in existence before litigation and are relevant to the facts in issue
B. Documents are exhibits and therefore admissible
C. Hearsay evidence is not admissible under any circumstances
D. Hearsay is testimonial evidence (1 mark)
35. Which one of the following is an objective of cross-examination counsel making the expert contradict themselves?
A. To impeach their credibility
B. To impeach their knowledge
C. Making the expert agree that the investigation was myopic
D. Creating a false sense of security (1 mark)
36. Which one of the following statements is ACCURATE in regard to an expert witness conclusion on the alleged facts in issue?
A. The expert must conclude if the alleged facts in issue occurred
B. The expert must conclude if the alleged facts in issue did not occur
C. The expert must conclude if the alleged facts in issue are relevant
D. The expert must conclude if the accused person is guilty or not (1 mark)
37. Which one of the following statements is ACCURATE in regard to special rules of admissibility of documents in a fraud trial?
A. The document must be an exhibit
B. The document must be produced in court a witness
C. The document must be certified
D. The document must be real evidence (1 mark)
38. Which one of the following statements is MOST accurate in regard to duty to preserve evidence in common law jurisdiction?
A. The duty arises when investigation commences
B. The duty arises before investigation
C. The duty arises when litigation is reasonably anticipated
D. The duty arises when litigation is anticipated (1 mark)
39. Which one of the following statements is MOST accurate in regard to disclosure of evidence in criminal trial in adversarial jurisdictions?
A. The prosecution is entitled to limited information
B. The prosecution is entitled to all information that will be presented in court
C. Both the prosecution and defence are entitled to exhibits only
D. The criminal defendant is entitled to limited information (1 mark)
40. Which one of the following statements is NOT accurate in regard to waiver of professional legal privileges?
A. Waiver of a legal professional privilege occurs when attorney shares information with a fraud examiner
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. Waiver of a legal professional privilege cannot occur when attorney shares information with a consulting expert (1 mark)
41. Which one of the following BEST describes an expert appointed to express an opinion on another expert opinion in the adversarial jurisdiction?
A. Consulting expert
B. Testifying Expert
C. Court expert
D. Eye witness (1 mark)
42. Which one of the following statements is MOST accurate in regard to appointment of expert witnesses in inquisitorial jurisdiction in civil trials?
A. In inquisitorial jurisdictions, the parties to the litigation can appoint their own expert witnesses
B. In the civil law jurisdictions, the defence cannot appoint their own expert witness
C. In the civil law jurisdictions, the plaintiff cannot appoint their own expert witness
D. In the civil law jurisdictions, the parties to the litigation cannot appoint their own primary expert witnesses (1 mark)
43. Which one of the following statements is ACCURATE in regard to civil appellate courts in adversarial jurisdictions?
A. In most adversarial jurisdictions a civil appellate court generally interviews additional witnesses and expert witnesses and collects new documentary evidence
B. In most common law jurisdictions, a civil appellate court can review issues of facts and make a determination
C. In most common law jurisdictions, a civil appellate court can order for a fresh trial and refer the case to the high court
D. In most common law jurisdictions, a civil appellate court cannot review issues of facts (1 mark)
44. Which one of the following BEST describes the type of evidence associated with unexplained assets?
A. Documentary evidence
B. Real evidence
C. Exhibits evidence
D. Circumstantial evidence (1 mark)
45. Which one of the following types of questions is the opposing counsel likely to use on the prosecution expert witness?
A. Complex questions
B. Hypothetical questions
C. Leading questions
D. Alternative questions (1 mark)
46. Which one of the following statements does NOT describe the role of the parties’ counsel in civil trial in adversarial jurisdiction?
A. The advocates conduct the questioning of the witnesses
B. The defence counsel cross examines the prosecution witness
C. The prosecution drives the discovery of evidence
D. The parties to the litigation drive the discovery of evidence (1 mark)
47. Which one of the following types of question is the defence counsel unlikely to use during cross examination?
A. Open questions
B. Closed questions
C. Leading questions
D. Difficult questions (1 mark)
48. Which one of the following items should be included in the trial record of civil litigation in adversarial jurisdictions?
A. All documents related to the facts in issue
B. A word-for-word transcript of all oral testimony
C. Witnesses’ statements
D. Information provided witnesses (1 mark)
49. Which one of the following statements is NOT accurate in regard to fraud civil trial in Kenya’s jurisdiction?
A. The plaintiff counsel conducts, examination in- chief of their witness
B. The defendant counsel can cross examines the plaintiff witness
C. The prosecution counsel can re–examine the plaintiff witness on matters raised during cross examination
D. The plaintiff counsel can re–examine the plaintiff witness on matters raised during cross examination
(1 mark)
50. Which one of the following statements is NOT accurate in regard to the best rules of admissibility of evidence in common law jurisdiction?
A. The purpose of authentication requirement in most adversarial jurisdictions is to ensure that a document is relevant to the facts in issue
B. Hearsay evidence is not admissible in common law jurisdictions because hearsay evidence is not reliable
C. Character evidence is inadmissible as evidence because it not relevant to the facts in issue
D. The purpose of authentication requirement in most adversarial jurisdictions is to ensure that the document is what is purported to be (1 mark)
51. Which one of the following statements is ACCURATE in regard to burden of proof in civil suits in common law jurisdiction?
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 adversarial jurisdictions, the parties to the litigation have the burden of proof
D. In adversarial jurisdictions, the burden of proof is with the party that took the case to court (1 mark)
52. Which one of the following statements is MOST accurate in regard to criminal defendant testifying in court?
A. In civil law jurisdictions, criminal defendants are sometimes required to provide testimony
B. In adversarial jurisdictions, criminal defendants are sometimes required to provide testimony
C. In both adversarial and inquisitorial jurisdictions, criminal defendants are required to testify in court
D. In civil law jurisdictions, criminal defendants have a right not to testify (1 mark)
53. Which one of the following statements is NOT accurate in regard to an appeal against damages remedy in common law jurisdictions?
A. The plaintiff can appeal against remedy awarded the high court
B. Only the defendant can appeal against damages remedy award to the plaintiff
C. The court of appeal has jurisdiction in an appeal against damages remedy
D. In a civil trial in adversarial jurisdictions, both the losing and winning party can appeal (1 mark)
54. Which one of the following statements is ACCURATE in regard to the preferred evidence in most adversarial jurisdictions?
A. Most adversarial jurisdictions favour testimonial evidence
B. Most adversarial jurisdiction favour documentary evidence because documentary evidence has more evidentiary weight
C. Most adversarial jurisdiction can admit character evidence to corroborate documentary evidence
D. Most adversarial jurisdictions favour documentary evidence because documents provide strong evidence
(1 mark)
55. Which one of the following statements is ACCURATE in regard to the Law of evidence in Kenya?
A. Oral direct evidence is a type of circumstantial evidence
B. Oral direct evidence is a type of direct evidence
C. Oral direct evidence is a form of real evidence
D. Oral direct evidence is a form of expert testimony (1 mark)
56. Which one of the following statements is NOT accurate in regard to defence counsel obvious rule?
A. The obvious rule for the defence counsel is to cross-examine an expert witness asking questions that will support the defence side
B. The obvious rule for the defence counsel is to cross-examine an expert witness and ask leading questions where the answer can only be yes
C. The obvious rule is opposing counsel to cross-examine an expert witness asking leading questions where the answer can only be yes
D. The obvious rule is opposing counsel to cross-examine an expert witness asking open questions to ensure that the witness contradict themselves to their disadvantage (1 mark)
57. Which one of the following statements is MOST accurate in regard to the rules of evidence in adversarial jurisdictions?
A. Relevant and reliable evidence is admissible during court proceedings
B. Relevant evidence to prove other facts in issue will be admissible during court proceedings
C. Relevant and reliable evidence can be inadmissible in trial proceedings if the evidence is not admissible
D. The obvious rule is opposing counsel to cross-examine an expert witness asking leading questions
(1 mark)
58. Which one of the following statements is ACCURATE in regard to the standard of proof in a false claim from government revenue in criminal proceedings?
A. The evidence must withstand the test of reasonable doubt
B. Evidence presented must be on balance of probability
C. The prosecution evidence must have more weight than that of the defence
D. Evidence presented must be the inner conviction (1 mark)
59. Which one of the statements is ACCURATE in regard to relevance and admissibility of evidence under the evidence Act?
A. Relevance and admissibility are the two basic principles of evidence
B. Relevant evidence is automatically admissible
C. Admissible evidence is automatically admitted
D. Relevance is the only basic principle of evidence (1 mark)
60. Which one of the following circumstances will NOT lead 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 third party for purposes of legal support
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. The client unintentionally forwards an email with privileged information to unrelated third parties who have no need to know the information (1 mark)
61. Which one of the following statements is ACCURATE in regard to questioning of court expert witnesses in inquisitorial jurisdictions?
A. In inquisitorial jurisdiction, the court appoints the primary expert witness to question witnesses of the parties to the litigation
B. In inquisitorial jurisdiction, the parties to the litigation can appoint their own expert witnesses
C. In inquisitorial jurisdiction, the party’s expert witnesses cannot question the court appointed expert witness
D. In inquisitorial jurisdiction, the party’s expert witnesses cannot be cross examined (1 mark)
62. Which one of the following statements is ACCURATE in regard to tribunal proceedings and evidence?
A. The evidence Act shall not strictly apply to tribunal proceedings
B. The evidence Act shall strictly apply to tribunal proceedings
C. The evidence Act relevance principle shall not apply to tribunal proceedings
D. The evidence Act shall not apply in respect of the tribunal proceedings (1 mark)
63. Which one of the following statements is MOST accurate in regard to admissibility of confession in criminal prosecution in Kenya jurisdiction?
A. Confession is admissible as direct evidence
B. Confession is admissible as a guilty plea
C. Confession is not automatically admissible as evidence
D. Confession is automatically entered as evidence (1 mark)
64. Which one of the following statements is ACCURATE in regard to prove of kickback offences?
A. Most of the kickback offences are proved with exhibits
B. Most of the kickback offences are proved with oral direct evidence
C. Most of the kickback offences are proved with circumstantial evidence
D. Most of the kickback offences are proved with documentary evidence (1 mark)
65. Which one of the following questions is NOT allowed during re-examination?
A. Open questions
B. Narrative questions
C. Closed questions
D. Leading questions (1 mark)
66. Which one of the following statements is MOST accurate in regard to re-examination?
A. The prosecution counsel must conduct re-examination of the witness after the cross examination
B. The prosecution counsel can conduct re-examination of the witness after the cross examination
C. The prosecution counsel cannot conduct re-examination of the witness after the cross examination
D. The prosecution counsel must conduct re-examination of the witness to diminish the importance of the cross examination (1 mark)
67. Which one of the following is NOT accurate in regard to cross examinations in fraud trials?
A. Unlike the prosecution counsel, the defence counsel can ask leading questions
B. Defence counsel can ask leading questions after re- examination the prosecution counsel
C. Prosecution counsel can cross examine the defence witness
D. Defence counsel can only ask closed questions during cross examination (1 mark)
68. Which one of the following statements is ACCURATE in regard to examination of the expert witness the prosecution in fraud criminal trials?
A. During examination in chief, the prosecution is not allowed to influence the witness through questioning
B. During examination in chief, the prosecution is allowed to ask the prosecution witness leading questions because they are not confrontational
C. During examination in chief, the expert witness should avoid responding to leading questions
D. During the examination in chief, the expert witness can avoid responding to questions that might support the defence side (1 mark)
69. Which one of the following is an exception of the hearsay rule and can be admissible in a court of law?
A. Former testimony
B. Statement in interest
C. Financial statements
D. All documents related to the facts in issue (1 mark)
70. Which one of the following statements is NOT hearsay evidence?
A. Financial statements
B. Reconciliation statements
C. Data analysis summary
D. A fraudulent invoice (1 mark)
71. Which one of the following is NOT one of the special rules related to evidence?
A. Rule against specialised technical opinions
B. Rule against character evidence
C. Rule against best evidence
D. Rule against hearsay evidence (1 mark)
72. Which one of the following is a rule associated with admissibility of documentary evidence?
A. The rule of primary evidence
B. The rule of secondary evidence
C. The best rule of evidence
D. The rule of authentication (1 mark)
73. Which one of the following statements is NOT accurate in regard to admissibility of electronic evidence in Kenya’s jurisdiction?
A. In legal proceedings electronic messages and digital materials will be admissible as evidence
B. Electronic evidence requires authenticatication to be admissible as evidence
C. Electronic evidence does not require the same authentication as physical evidence
D. Electronic evidence does require the same authentication as physical evidence (1 mark)
74. Which one of the following statements is NOT accurate in regard to character evidence in fraud criminal trials in Kenya?
A. Character witness may testify to the defendant’s fraudulent character as evidence to prove the facts in issue
B. In fraud criminal trials, the defendant character witness cannot testify to the defendant’s good character based on specifics
C. In criminal trials, character witness cannot testify to the defendant’s fraudulent and character as evidence to prove the facts in issue
D. In criminal trials, the defendant character witness can testify to the defendant’s good character (1 mark)
75. Which one of the following statements is MOST accurate in regard to questioning counsels of the parties to the litigation in common law jurisdictions?
A. The prosecution counsel conducts the questioning of their witness
B. The defence counsel conducts the cross examination of their own witness
C. The defence counsel conduct questioning of the prosecution witness
D. The prosecution counsel conducts the questioning of their witness and also the defence witness (1 mark)
76. Which one of the following statements is NOT accurate in regard to a fraud criminal trial in the adversarial jurisdictions?
A. The prosecution must serve the defendant with evidence that tends to explain the defendant ‘guilt away and also evidence incriminating the defendant
B. The main purpose of the prosecution in a fraud criminal judicial proceeding is not to ensure that the criminal defendant is convicted
C. The main objective of the prosecution in a fraud criminal court proceeding is to ensure justice
D. In a criminal fraud trial, the criminal defendant must provide evidence to prove they did not commit the offence (1 mark)
77. Which one of the following statements is NOT accurate in regard to admissibility of records?
A. Any document related to the facts in issue is an exhibit
B. Financial statements are hearsay evidence
C. Bank statements of a suspect is real evidence
D. An eye witness testimony statement is not an exhibit (1 mark)
78. Which one of the following statements is ACCURATE in regard to confessions in inquisitorial jurisdictions?
A. Confession is real evidence
B. Confession is direct evidence
C. Confession is the same as guilty plea
D. Confession is not direct evidence (1 mark)
79. Which one of the following statements is ACCURATE in regard to expert witness courts in Kenya?
A. The questioning of the expert witness is conducted the defence counsel only
B. The questioning of the expert witness is conducted during examination in chief and re-examination
C. The questioning of the expert witnesses is conducted only during cross examination the defence counsel
D. The questioning of the expert witnesses is conducted only during examination in chief the prosecution counsel (1 mark)
80. Which of the following statements is MOST accurate in regard to evidence produced in court?
A. Evidence must be properly authenticated to be admissible in a court of law
B. Testimonial evidence must be properly authenticated to be admissible in a court of law
C. Exhibit must to be properly authenticated to be admissible in a court of law
D. Both demonstrative and real evidence must be properly authenticated to be admissible in a court of law
(1 mark)
81. Which one of the following statements is MOST accurate in regard to experts in inquisitorial jurisdictions in fraud civil litigation?
A. In most inquisitorial jurisdictions, the judge conducts the questioning of the defendant
B. In most inquisitorial jurisdictions, the defendant’s counsel can cross examine the court’s expert witness
C. In most inquisitorial jurisdictions, the defendant’s counsel cannot question the court’s expert witness
D. In most inquisitorial jurisdictions, the trial judge cannot question the court’s expert (1 mark)
82. Which one of the following statements is ACCURATE in regard to oral direct testimony?
A. The eye witness testimony must be oral direct evidence
B. The eye witness testimony must be based on technical knowledge of the facts being litigated
C. The eye witness testimony can be based on information provided another person who has personal knowledge of the facts in issue
D. The eye witness testimony must be written direct evidence (1 mark)
83. Which one of the following statements is NOT accurate in regard to disclosure witnesses’ statements that will be produced in court in adversarial jurisdictions?
A. The prosecution expert witness statement must be discovered the defence
B. The consulting expert report must be discovered the defence
C. The expert witness statement is not protected from discovery the defence
D. The expert witness report cannot be disclosed to the defence (1 mark)
84. Which one of the following is a phase of a criminal trial in inquisitorial jurisdiction?
A. Pre-trial phase
B. The trial phase
C. Oral written examination phase
D. Direct examination phase (1 mark)
85. Which one of the following statements is ACCURATE in regard to expert witness examinations trial process in the Kenya jurisdiction?
A. The cross-examination is conducted the parties to the litigation
B. The cross-examination can only be conducted the defence counsel
C. The examination- in chief is conducted the parties to the litigation
D. The re-examination is conducted the parties to the litigation (1 mark)
86. Which of one the following statements is ACCURATE in regard to the court examination conducted after cross – examination?
A. Defence counsel can re- examine the expert witness after examination in chief
B. The prosecution will consider whether conducting re-examination would benefit their side of the case
C. Defence counsel cannot cross examine the expert witness after re-examination
D. The prosecution counsel cannot re-examine the expert witness after cross examination (1 mark)
87. In adversarial jurisdictions, which one of the following parties may not discover evidence to be presented in court before trial in criminal prosecution?
A. The parties to the criminal proceedings
B. The prosecution
C. The judge
D. The defence (1 mark)
88. Which one of the following statements is ACCURATE in regard to evidence and witnesses in Kenya’s jurisdiction?
A. A character witness is a court witness
B. A court appointed expert is a court witness
C. A producing a document in court is a court witness
D. An expert witness is a court witness (1 mark)
89. Which one of the following statements is NOT accurate in regard to expert opinion in Kenya’s jurisdiction?
A. An expert witness opinion is not testimonial direct evidence
B. Expert testimony is an expert opinion based on specialised skills and knowledge
C. Expert testimony is an expert opinion based on observation and findings during investigations
D. Expert testimonial is not oral direct evidence (1 mark)
90. Which one of the following statements is NOT of great concern of the court in regard to whether a witness is qualified as an expert on the matter being tried?
A. Does the expert have technical skills in the subject matter being litigated?
B. Does the expert have specialised training or professional qualification on the subject matter being litigated?
C. Does the expert have advanced education on the subject matter being litigated?
D. Is the expert witness credible to testify in a court of law? (1 mark)
91. Which one of the following parties BEST describes the party that does not have burden of proof in civil trial in Kenya jurisdiction?
A. Both parties to the litigation
B. The prosecution
C. The defendant
D. The Plaintiff (1 mark)
92. Which one of the following documents is a type of direct evidence that prosecution can present to prove fraudulent financial reporting in Kenya’s jurisdictions?
A. The defendant’s bank statements
B. Concealed invoices
C. Confession from the defendant
D. Payment vouchers (1 mark)
93. Which one of the following parties may determine evidence in serious civil trials in inquisitorial jurisdictions?
A. A panel of juries
B. A panel of judges
C. A panel of lay and legal judges
D. The judge (1 mark)
94. Which one of the following statements is NOT accurate in regard to relevance of evidence in fraud criminal proceedings?
A. For evidence to be admissible, it must be relevant to the alleged offence
B. For evidence to be admissible, it must be incriminating
C. Relevant evidence is either inculpatory or exculpatory
D. Prosecution should produce both inculpatory and exculpatory evidence (1 mark)
95. Which one of the following statements is ACCURATE in regard to the appointment of an expert witness in an economic criminal trial in Kenya’s jurisdiction?
A. The court can appoint an expert witness to express an opinion
B. The court cannot appoint an expert witness in common law jurisdictions
C. The court can appoint an expert witness to provide evidence
D. Only the parties to the criminal proceedings can appoint an expert (1 mark)
96. Which one of the following documents is an example of indirect evidence?
A. A fraudulent invoice
B. A forged cheque
C. Unexplained funds
D. A paid cheque (1 mark)
97. Which one of the following is a type of direct evidence in a corruption proceeding?
A. A witness testimony
B. Unexplained assets
C. Oral direct evidence
D. A co-accused testimony (1 mark)
98. Which one of the following statements is ACCURATE in regard to prosecution bargaining?
A. Guilty plea can be entered as direct evidence if admitted the court
B. Guilty plea is not evidence
C. Guilty Plea is a confession the accused person
D. Guilty plea is considered alongside other evidence during trial (1 mark)
99. Which one of the following statements is NOT accurate in regard to witnesses’ evidence in Kenya?
A. Witness evidence can be oral direct evidence
B. Witness evidence can be expert opinion
C. Witness written statement can be an exhibit
D. Witness statement can be direct or circumstantial (1 mark)
100. Which one of the following statements is ACCURATE in regard to the objective of the defence counsel asking “since you are the expert, kindly explain how departure from Financial Reporting Standards would affect financial statements”?
A. The objective of this kind of question is to confirm facts presented the expert witness
B. The purpose of this kind of question is to seek answers from the expert witness
C. The purpose of this kind of question is to make the expert witness contradict himself
D. The purpose of this kind of question is to create a false sense of secutiy (1 mark)
…………………………………………………………………………….