CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
WEDNESDAY: 21 August 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 NOT accurate in regard to appointment of an expert witness in a fraud civil trial in Kenya’s jurisdiction?
A. The plaintiff and the defendant retain their own expert witnesses to assist the court in interpreting 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 appointed them for purposes of civil trial judicial proceedings
D. None of the above (1 mark)
2. Which one of the following statements is ACCURATE in regard to criminal fraud trials?
A. A fraud case can be litigated as a civil case
B. A fraud case cannot be prosecuted as civil and criminal case concurrently
C. Fraud is a criminal offence and therefore can only be prosecuted as a criminal case the prosecution and not private parties
D. The main objective of the prosecution in a fraud criminal judicial proceeding is to recover damages through court remedy (1 mark)
3. Which one of the following statements is ACCURATE in regard to documents and evidence in fraud allegations?
A. All documents related to facts in issue are direct evidence
B. Financial statements are hearsay evidence
C. An affidavit is not a hearsay evidence
D. Bank statements of a suspect accused of bribery that show that the suspect deposited big amounts of money in his account during the same time of the alleged bribery can be introduced as an exhibit
(1 mark)
4. Exhibits are evidences that can be used to directly prove fraud and corruption cases.
With reference to the above statement, which one of the following statements is NOT accurate in regard to documents that can be introduced in court as exhibits to prove a fraud case?
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 consulting experts (1 mark)
5. Which one of the following statements is NOT accurate in regard to law of evidence in Kenya?
A. Kenya has a separate law of evidence
B. Judicial legal proceedings in Kenya’s jurisdiction are strictly governed the law of evidence
C. All legal 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 bargaining agreement in Kenya’s jurisdiction?
A. Guilty plea can be entered as evidence
B. Guilty plea cannot be entered as evidence
C. Guilty plea is direct testimonial evidence
D. Guilty plea is oral direct evidence (1 mark)
7. Which one of the following statements is NOT accurate in regard to testimonial evidence in Kenya?
A. There are only two types of testimonial evidence; namely, oral direct testimony and expert witness testimony
B. A corroborative witness provides oral direct evidence
C. There can be several oral direct evidence in a given case
D. A court appointed expert provides testimonial evidence (1 mark)
8. In Kenya, expert witnesses are allowed to draw conclusions and express opinions. Which one of the following statements is ACCURATE in regard to expert opinion testimony?
A. An expert opinion is a real evidence
B. The expert opinion must be based on training and experience on the facts in issue
C. The expert witness must have direct personal knowledge of the facts in issue
D. The expert witness is direct evidence (1 mark)
9. Kevin, a fraud defendant in civil jurisdiction provided a written confession statement to the prosecution. Which one of the following statements is MOST accurate in relation to the written confession statement?
A. Kevin’s written confession statement is physical item and therefore it is an exhibit
B. Kevin’s confession is a written testimonial evidence
C. Kevin’s confession is a guilty plea
D. None of the above (1 mark)
10. Which one of the following statements in regard to questioning of an expert witness in criminal proceeding in Kenyan courts is ACCURATE?
A. The questioning of an expert witness is conducted the presiding judge
B. The questioning of an expert witness is conducted the trial judge
C. The questioning of an expert witness is conducted the parties to the criminal proceedings
D. The questioning of an expert witness is conducted the prosecution (1 mark)
11. Which one of the following statements is ACCURATE in regard to an eye witness testimony in Kenya’s jurisdiction?
A. The eye witness testimony opinion must be oral direct
B. The eye witness testimony opinion must be based on specialised knowledge
C. The 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)
12. Which one of the following statements concerning criminal bargaining agreements in Kenya is ACCURATE?
A. Bargaining agreement has experienced a lot of opposition in Kenya’s jurisdictions in recent years
B. Bargaining agreement is practiced more in the inquisitorial jurisdictions than in Kenya’s jurisdictions
C. Bargaining agreement is an efficient method of disposing criminal cases
D. None of the above (1 mark)
13. Which one of the following statements is NOT accurate in regard to an expert witness report or statement?
A. The expert witness report is protected professional legal privileges
B. The expert witness report should include the qualification and expertise of the expert witness and basis of his/her conclusion
C. The expert witness report should include the basis of their conclusion
D. An expert witness report or statement is not a written testimonial evidence (1 mark)
14. The following are trial phases of a criminal proceeding in an inquisitorial jurisdiction, EXCEPT
.
A. The investigative phase
B. The pre-trial phase
C. The examination phase
D. The trial phase (1 mark)
15. The following are trial phases of a civil litigation in Kenya, EXCEPT .
A. The pretrial phase
B. Trial
C. Sentencing
D. Examination phase (1 mark)
16. Which one of the following statements is ACCURATE in regard to expert testimony in criminal trials 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 defense counsel only (1 mark)
17. Which one of the following statements is NOT accurate in relation to adversarial and civil jurisdictions in regard to cross-examination?
A. Inquisitorial jurisdictions do not conduct cross – examination
B. Only the adversarial jurisdictions conduct cross-examination
C. In most inquisitorial jurisdictions, the defense witness can question the court appointed expert
D. In most inquisitorial jurisdictions, the defense witness cannot question the court appointed expert
(1 mark)
18. Which one of the following parties in inquisitorial jurisdictions 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 court and the parties to the criminal proceedings
D. Only the parties to the criminal proceedings (1 mark)
19. Abdi is being prosecuted for abuse of office in Kenya. In his defense, Abdi appoints a witness to testify to his good character. Which one of the following statements is ACCURATE in regard to the defense?
A. Abdi’s testimony of good character is direct testimonial evidence
B. Abdi’s testimony of good character is circumstantial evidence
C. Abdi’s testimony of good character is oral evidence
D. Abdi’s testimony is not evidence (1 mark)
20. Which one of the following evidences is a type of real evidence in a fraud case?
A. Fraudulent invoice
B. Fraudulent financial statements
C. A summary of receipts against bank deposits
D. Direct testimonial evidence (1 mark)
21. Which one of the following statements is NOT accurate in regard to expert testimony in Kenya?
A. Expert testimony is a direct oral evidence
B. Expert testimony involves interpreting the technical matters related to the facts in issue
C. Expert testimony assists the judge or jury to determine evidence of technical facts in issue
D. An expert witness testimony is an expert opinion (1 mark)
22. Which one of the following statements is NOT accurate in regard to impeachment of an expert witness on allegations of conflict of interest?
A. The expert witness has a close relationship with client
B. The compensation for his services was exaggerated
C. The expert witness attended the same university during the same period
D. None of the above (1 mark)
23. Which one of the following questions is NOT necessary to determine whether a witness is actually an expert?
A. Does the expert have the required experience in the facts at issue?
B. Is the testimony based from reliable sources?
C. Is the testimony relevant to the facts of the case?
D. Does the expert have personal knowledge of the facts in issue? (1 mark)
24. Which one of the following statements BEST describes the burden of proof for civil trials in Kenya’s jurisdictions?
A. Strict burden of proof
B. Burden of proof is with the plaintiff
C. Burden of proof is with defense
D. The parties to the litigation have the burden of proof (1 mark)
25. Hussein is being prosecuted in Kenya for financial statement fraud. Which one of the following evidences is NOT
a type of direct evidence that can be produced to prove financial statement fraud?
A. False invoices entered into the books of account to overstate revenue
B. An accomplice testimony against the accused person
C. An eye witness who can provide oral direct evidence based on personal knowledge of the facts in issue
D. An expert witness testimony (1 mark)
26. Which one of the following parties may serve as fact finders in criminal proceedings in civil jurisdictions?
A. A panel of juries
B. A judge
C. A panel of both legal and lay judges
D. None of the above (1 mark)
27. Which one of the following statements is MOST accurate in regard to relevant evidence?
A. All relevant evidence must be exculpatory
B. All relevant evidence must be inculpatory
C. Exculpatory evidence is not relevant evidence because it tends to explain guilt away
D. All relevant evidence is either exculpatory or inculpatory (1 mark)
28. Sammy, a Certified Fraud Examiner is testifying in court as an expert witness in Kenya’s jurisdiction. During cross-examination, the defense counsel invades Sammy’s body space. Which one of the following actions should Sammy NOT do?
A. Remain calm and professional
B. Continue answering question and ignore the counsel’s behaviour
C. Ask the judge or their counsel to intervene
D. Ask the defense counsel to stop their annoying conduct (1 mark)
29. In common law legal systems, which one of the following statements is the main objective of the defense counsel during cross-examination of an expert witness?
A. To ask questions that will support the defense
B. To obtain information about the expert witness’s previous contradicting statements to question the witness’s honesty and truthfulness
C. To impeach their knowledge
D. To impeach their credibility (1 mark)
30. Which one of the following evidences is an example of direct testimonial evidence?
A. A character witness
B. Expert testimony based on interpretation of the facts
C. A co-accused’ testimony against the accused
D. Testimony that the defendant deposited seven million shillings into his account three days after the money was stolen from his employer (1 mark)
31. Which one of the following statements is NOT an example of impeachment based on the witness’s credibility?
A. The expert witness made consistent statements
B. The expert is not well trained on the subject matter
C. The expert does not have advanced training on the subject matter
D. None of the above (1 mark)
32. Which one of the following statements is NOT accurate in regard to documentation of evidence in civil litigation in inquisitorial jurisdictions?
A. The party’s attorneys to the litigation assists in documentation of the evidence
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 relevant evidence in adversarial jurisdictions?
A. Relevant evidence may be admissible if it is relevant to prove other related facts
B. Relevant evidence is admissible even if it is prejudicial
C. All relevant evidence is admissible to prove facts in issue
D. None of the above (1 mark)
34. Which one of the following statements is ACCURATE in regard to admissibility of evidence?
A. Hearsay evidence is admissible under some circumstances
B. Documents are exhibits and therefore admissible
C. Hearsay evidence is not admissible under any circumstances
D. None of the above (1 mark)
35. Which one of the following statements is an objective of cross-examination counsel seeking answer from the expert witness?
A. Making the expert contradict himself
B. Making the expert a sounding board
C. Making the expert agree that his investigation was limited
D. False sense of security (1 mark)
36. Which one of the following statements is ACCURATE in relation to an expert witness opinion?
A. An expert can testify to opinion of guilt or innocense
B. An expert can testify to opinions of another expert
C. An expert cannot testify on technical matters
D. An expert cannot testify to opinions of another expert (1 mark)
37. The following are requirements for a document to be admissible, EXCEPT .
A. The document must be an exhibit
B. The document must be properly authenticated
C. The document must be certified
D. The document must be real evidence (1 mark)
38. Which one of the following statements is ACCURATE in regard to duty to preserve information relevant to a case in civil law jurisdiction?
A. The duty arises after investigation
B. The duty arises before investigation
C. The duty arises during examination
D. None of the above (1 mark)
39. Which one of the following statements is MOST accurate in regard to disclosure of information in criminal proceedings in adversarial jurisdictions?
A. The prosecution is entitled to limited disclosures
B. The prosecution is entitled to all information that will be used in court
C. Both the prosecution and defense are entitled to limited disclosures
D. The criminal defendant is entitled to limited disclosures (1 mark)
40. Which one of the following statements is NOT accurate in regard to waiver of privileges?
A. Waiver of a legal professional privilege occurs when an attorney shares information with a consulting expert
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 an attorney shares information with a consulting expert (1 mark)
41. An expert appointed to express an expert opinion on the prosecution witness opinion is referred to as
.
A. Consulting expert
B. Expert witness
C. Court appointed expert
D. Eye witness (1 mark)
42. Which one of the following statements is NOT accurate in regard to appointment of expert witnesses in civil law jurisdiction?
A. In inquisitorial jurisdictions, parties to the litigation cannot appoint their own expert witnesses
B. In civil law jurisdictions, defense can appoint their own expert witness
C. In civil law jurisdictions, plaintiff can appoint their own expert witness
D. In civil law jurisdictions, 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 common legal systems?
A. In most adversarial jurisdictions, a civil appellate court generally interviews additional fact witnesses and expert witnesses and collects new documentary evidence
B. In most common law jurisdictions, a civil appellate court can review issues of facts but cannot make a determination on issues of evidence
C. In most common law jurisdictions, a civil appellate court can order for a fresh trial and refer the case to the bench court
D. None of the above (1 mark)
44. Which one of the following evidences describes the type of evidence found in the suspect’s bank statements alleged to be engaging in bribery?
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 defense counsel likely to use extensively on the prosecution expert witness.?
A. Complex questions
B. Narrative questions
C. Leading questions
D. Open questions (1 mark)
46. Which one of the following statements describes the role of the parties’ advocates in civil litigation in civil law jurisdiction?
A. The advocates conduct the questioning of the witnesses
B. The defense counsel cross examines the prosecution witness
C. The advocates drive the discovery of evidence
D. None of the above (1 mark)
47. Which one of the following types of questions is defense counsel unlikely to use during cross examination?
A. Narrative questions
B. Closed questions
C. Leading questions
D. None of the above (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. Summary of the evidence
D. All information provided witnesses (1 mark)
49. Which one of the following statements is NOT accurate in regard to civil trial in Kenya’s jurisdiction?
A. The plaintiff counsel conducts examination in- chief of their witness
B. The defendant counsel can cross examine 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 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 relevant to the issue
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)
51. Which one of the following statements in regard to burden of proof in civil trials in both civil and common law jurisdictions is ACCURATE?
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. In civil law jurisdictions the burden of proof is with defendant (1 mark)
52. Which one of the following statements is MOST accurate in regard to criminal defendants testifying in a court of law?
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 both adversarial and inquisitorial jurisdictions, criminal defendants are required to provide testimony if so directed the court
D. In civil law jurisdictions, criminal defendants have a right to remain silent (1 mark)
53. Which one of the following statements is NOT accurate in regard to civil appellate court in common law jurisdiction?
A. The appellate court can determine only issues of law
B. The winning party in a civil trial can also appeal against judgement
C. The appellate court cannot determine issues of evidence
D. In a civil trial in adversarial jurisdictions, only the losing party can appeal (1 mark)
54. Which one of the following statements is NOT accurate in regard to evidence in common law jurisdictions?
A. Adversarial jurisdictions favour testimonial evidence
B. Adversarial jurisdictions favour documentary evidence because documents are exhibits
C. Adversarial jurisdictions cannot admit character evidence for conviction purposes
D. Adversarial jurisdictions cannot admit evidence of previous crimes as evidence (1 mark)
55. Which one of the following statements is ACCURATE under the Evidence Act?
A. Oral direct evidence is a type of circumstantial evidence
B. Oral direct evidence is a form of testimonial 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 defense counsel general rule?
A. It is a general rule for the opposing counsel to cross-examine an expert witness asking questions that will support the defense
B. It is a general rule for the opposing counsel to cross-examine an expert witness asking leading questions where the answer can be yes or no
C. It is a general rule for opposing counsel to cross-examine an expert witness asking leading questions where the answer can only be yes
D. None of the above (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. None of the above (1 mark)
58. Which one of the following statements is ACCURATE in regard to the standard of proof in a fraudulent disbursement case in Kenya’s jurisdictions?
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 defense
D. None of the above (1 mark)
59. Relevance and admissibility are basic principles of evidence under the Kenya evidence Act. With reference to the above statement, which one of the following evidences is NOT admissible?
A. Real evidence that is relevant to prove the alleged facts
B. Exhibits that are relevant to prove the facts in issue
C. Exhibits that are relevant to prove other facts in issue
D. Oral direct evidence a co-accused defendant (1 mark)
60. Which one of the following situations would NOT result to waiver of a client’s legal professional privilege over confidential communication with his attorney?
A. The client’s counsel shares privileged communication with a third party for purposes of legal support
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)
61. Which one of the following statements is NOT accurate in regard to expert witnesses in civil law jurisdictions?
A. In inquisitorial jurisdiction, the court appoints the primary expert witness
B. In inquisitorial jurisdiction, the parties to the litigation 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 the rules of evidence under the Kenya Evidence Act (CAP 80)?
A. The evidence act shall apply to all judicial proceedings in or before any court
B. The evidence act shall also apply to the Kadhi’s court
C. The evidence act shall also apply to arbitration and tribunals hearings
D. The evidence act shall also apply to mediation (1 mark)
63. Which one of the following statements is ACCURATE in regard to confessions under the Kenya evidence Act?
A. Confession a criminal defendant is automatically admissible as evidence
B. Confession a suspect made before an investigative officer is admissible
C. Confession a co-accused implicating himself is not admissible as evidence against the criminal defendant
D. Confession a criminal defendant is not automatically admissible as evidence (1 mark)
64. Which one of the following statements is ACCURATE in regard to evidence in a bribery case?
A. Most of the bribery cases are proved with real evidence
B. A person who has personal knowledge of the facts in issue and is not a beneficiary of the offence can be a good witness to give oral direct evidence in a bribery case
C. Most of the corruption cases are proved through expert testimony opinion
D. None of the above (1 mark)
65. Which one of the following types of questions is prosecution counsel NOT allowed to ask an expert witness during examination in chief?
A. Open questions
B. Narrative questions
C. Closed questions
D. Leading questions (1 mark)
66. Which one of the following statements is NOT accurate in regard to examination in chief and re- examination?
A. Examination in chief court process is questioning that aims to expose facts of the case with the court
B. Re-examination court process is questioning that aims to expose facts of the case with the court after cross examination
C. Re-examination court process is non -adversarial questioning that is conducted prosecution counsel
D. The prosecution counsel must conduct re-examination of the witness after the cross examination
(1 mark)
67. Which one of the following statements is NOT accurate in regard to cross examinations questions?
A. Unlike the prosecution counsel, the defense counsel can ask leading questions
B. Defense counsel can ask leading questions after re-examination the prosecution counsel
C. Defense counsel cannot cross examine after re-examination
D. Defense counsel can 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 during court proceeding?
A. During examination in chief, the prosecution is not allowed to ask the prosecution witness narrative questions
B. During examination in chief, the prosecution is not allowed to ask the prosecution witness closed questions
C. During examination in chief, the expert witness should establish the facts of the case responding to all the open ended and narrative questions
D. During the examination in chief, the expert witness can avoid responding to questions that might support the defense case (1 mark)
69. Which one of the following evidences is a hearsay evidence that can be admissible in a court of law?
A. Statements against interest
B. An affidavit
C. Financial statements
D. All documents related to the facts in issue (1 mark)
70. The following are hearsay documents, EXCEPT .
A. Financial statements
B. Reconciliation statement
C. Bank statements
D. None of the above (1 mark)
71. The following are rules related to reliability of evidence, EXCEPT .
A. Rule against testimony opinion
B. Rule against character evidence
C. Rule against real evidence
D. Rule against hearsay evidence (1 mark)
72. Which one of the following rules is related to admissibility of documentary evidence in the chain of custody?
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 under the Kenya Evidence Act?
A. In any legal proceedings, electronic messages and digital materials will be admissible as evidence
B. Electronic evidence is required to be authenticated to be admissible as evidence
C. Electronic evidence does not require to be authenticated to be admissible as evidence
D. None of the above (1 mark)
74. Which one of the following statements is NOT accurate in regard to admissibility of character evidence in fraud or corruption criminal proceedings in Kenya?
A. Character witness may testify to the defendant’s fraudulent and corrupt character as evidence to prove the facts in issue
B. In criminal proceedings, the defendant character witness cannot testify to the defendant’s good character based on specifics
C. In criminal proceedings, character witness cannot testify to the defendant’s fraudulent and corrupt character as evidence to prove the facts in issue
D. In criminal proceedings, the defendant character witness can testify to the defendant’s general good character (1 mark)
75. Which one of the following is MOST accurate in regard to questioning legal counsels of the parties in Kenya during a fraud court proceeding?
A. The prosecution counsel conducts the questioning of their own witness
B. The defense counsel conducts the cross examination of their own witness
C. The defense counsel conducts questioning of the prosecution witness
D. None of the above (1 mark)
76. Which one of the following statements is NOT accurate in regard to a fraud trial in the common law 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 objective of the prosecution in a fraud criminal judicial proceedings 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 defendant must provide evidence to show their innocence (1 mark)
77. Which one of the following statements is NOT accurate in regard to admissibility of documentary evidence?
A. Any document associated to the facts in issue is an exhibit to prove the facts in issue
B. Financial statements are hearsay evidence and cannot be introduced as an exhibit to prove misrepresentation of the financial performance of the organisation
C. Bank statements of a suspect accused of corruption that show that the suspect deposited substantial amounts of money in his account just around the same time of the alleged corruption is not real evidence
D. An eye witness testimony statement is not a form of real evidence (1 mark)
78. Which one of the following statements is ACCURATE in regard to confession evidence?
A. Confession is real evidence
B. Confession is circumstantial evidence
C. Confession is the same as guilty plea
D. None of the above (1 mark)
79. Which one of the following statements is ACCURATE in regard to questioning of an expert witness in courts Kenya?
A. The questioning of an expert witness is conducted the defense counsel only
B. The questioning of an expert witness is conducted during examination in chief and cross examination
C. The questioning of an expert witness is conducted only during cross examination the defense counsel
D. The questioning of an expert witness is conducted only during examination in chief the prosecution counsel (1 mark)
80. Which one of the following statements is MOST accurate in regard to authentication?
A. Evidence must be properly authenticated to be admissible in a court of law
B. Testimonial evidence must also be properly authenticated to be admissible in a court of law
C. Real evidence needs to be properly authenticated to be admissible in a court of law
D. Both demonstrative and real evidence are physical items and therefore 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 questioning of 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 primary expert witness
C. In most inquisitorial jurisdictions, the defendant’s counsel cannot question the court’s primary expert witness
D. In most inquisitorial jurisdictions, the trial judge cannot question the court’s primary expert (1 mark)
82. Which one of the following statements is ACCURATE in regard to an eye witness testimony in Kenya’s jurisdiction?
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 of court witnesses statements in adversarial jurisdictions?
A. The prosecution expert witness statement must be disclosed to the defense
B. The consulting expert report is protected professional legal privileges
C. The expert witness statement is not protected professional legal privileges
D. The witness statement must be disclosed to the defense (1 mark)
84. Which one of the following is a phase of a criminal trial in inquisitorial jurisdiction?
A. Cross examination
B. The trial phase
C. Oral written examination
D. Direct examination (1 mark)
85. Which one of the following statements is ACCURATE in regard to expert witness and the trial process in Kenya’s jurisdiction?
A. The cross examination trial process is conducted the parties to the litigation
B. The cross-examination can only be conducted the defense counsel
C. The examination-in chief of the trial process is conducted the parties to the litigation
D. None of the above (1 mark)
86. Which one of the following statements is ACCURATE in regard to re–examination in a judicial process?
A. Defense 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 or weaken the case during cross examination
C. Defense 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. Which one of the following parties may not have access to the evidence before trial in criminal proceedings in common law jurisdictions?
A. The parties to the criminal proceedings
B. The prosecution only
C. The court
D. The defense (1 mark)
88. Which one of the following statements is NOT accurate in regard to court witnesses?
A. A character witness in court is not a court witness
B. A court appointed expert is a court witness
C. An expert witness is a court witness
D. An eye witness is a court witness (1 mark)
89. Which one of the following statements is NOT accurate in regard to expert testimony in Kenya?
A. An expert witness opinion is oral direct evidence
B. Expert testimony is an expert opinion based on specialised skills and knowledge
C. Expert testimony is an expert opinion based on personal observation and findings during investigations
D. Expert testimonial is not oral direct evidence (1 mark)
90. Which one of the following questions must NOT be asked to determine whether a witness is an expert on the matters being litigated?
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 suitable to testify in court of law as a witness? (1 mark)
91. Which one of the following statements BEST describes the standard of proof for civil suits in Kenya’s jurisdictions?
A. Beyond reasonable doubts
B. More likely than not
C. Preponderance of evidence
D. Balance of probability (1 mark)
92. Which one of the following types of direct evidences can the prosecution produce to prove bribery in adversarial jurisdictions?
A. The defendant’s bank statements showing unexplained deposit
B. A witness statement
C. A guilty plea
D. Unexplained assets owned the criminal defendant (1 mark)
93. Which one of the following parties may serve as a fact finder in serious criminal trials in inquisitorial jurisdictions?
A. A panel of juries
B. A panel of judges
C. A panel of lay and legal judges
D. None of the above (1 mark)
94. Which one of the following statements is NOT accurate in regard to relevant evidence?
A. For evidence to be admissible, it must be relevant to the alleged offence
B. For evidence to be admissible, it must be inculpatory
C. Relevant evidence is either inculpatory or exculpatory
D. None of the above (1 mark)
95. Which one of the following statements is ACCURATE in regard to an expert witness in a fraud criminal proceeding in Kenya’s jurisdiction?
A. The court can appoint an expert witnesses to express an opinion on the prosecution expert witness opinion
B. The court cannot appoint an expert witnesses in adversarial jurisdictions
C. The court can appoint an expert witnesses to provide expert opinion
D. None of the above (1 mark)
96. Which one of the following evidences is an example of circumstantial evidence?
A. A fraudulent invoice
B. A forged cheque
C. Unexplained assets owned the criminal defendant
D. None of the above (1 mark)
97. Which one of the following is an exhibit in a bribery case?
A. A witness testifying that they paid a bribe to the government official
B. The suspects’ bank statements
C. Unexplained assets acquired during the alleged time of bribery
D. None of the above (1 mark)
98. Bob, a criminal fraud defendant, enters into a bargaining plea with the prosecution. Which one of the following statements is ACCURATE in regard to the bargaining plea?
A. Bob’s guilty plea can be entered as direct evidence
B. Bob’s guilty plea can be entered as oral direct evidence
C. Bob’s guilty plea can be entered as confession evidence
D. Bob’s guilty plea is not evidence (1 mark)
99. Which one of the following statements is NOT accurate in regard to testimonial evidence in Kenya?
A. Testimonial evidence includes oral direct evidence and expert witness opinion
B. Oral direct testimony can only be provided an eye witness
C. Oral direct testimony can be given an expert witness
D. None of the above (1 mark)
100. Which one of the following statements BEST describes the purpose of the defense counsel asking, “is it true, do you agree with me”?
A. To confirm facts presented an expert witness
B. To seek answers from an expert witness
C. To make an expert witness contradict himself
D. To make an expert witness agree with opposing side (1 mark)
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