CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
WEDNESDAY: 7 December 2022. Afternoon Paper. Time Allowed: 3 hours.
Answer ALL questions indicating the letter (A, B, C or D) that represents the correct answer. This paper is made up of one hundred (100) Multiple Choice Questions. Each question is allocated one (1) mark.
1. In adversarial jurisdictions, expert witnesses are allowed to draw conclusions and express opinions. Which of the following is CORRECT in regard to expert opinion testimony?
A. An expert opinion must be oral and direct
B. The expert opinion must be based on specialised knowledge of the facts in issue
C. The expert witness must have direct personal knowledge of the facts in issue
D. None of the above
2. Flora, a fraud suspect, in the common law jurisdiction pleads guilty in a fraud case. Which of the following BEST
describes the prosecution agreement?
A. Prosecution discretion
B. Confession
C. Bargaining agreement
D. None of the above
3. Which of the following statements concerning the credibility of expert witnesses in most civil law legal systems is
NOT correct?
A. The judge can question the credibility of a court-appointed expert witness but not the parties to the litigation
B. Both the judge and the parties may question the credibility of a court-appointed expert witness
C. Parties to the litigation can question the credibility of a witness
D. All the above
4. Which of the following BEST describe judicial treatment of privileges from foreign jurisdictions in cross-border litigation?
A. There is no standardisation and predictability with respect to privileges in cross-border litigation
B. The transnational principles and rules established a set of standardised rules of privilege for cross-border litigation
C. Parties to litigation involving cross-border litigation should expect to have the privilege laws from their own jurisdiction applied when engaged in litigation abroad.
D. All the above
5. Which of the following is TRUE in regard to a lay witness’s testimony?
A. The lay witness’s testimony opinion must be prejudicial.
B. The lay witness’s testimony opinion must be based on specialised knowledge.
C. The witness testimony must be based on direct personal knowledge of the facts in issue.
D. All the above
6. Which of the following statements concerning criminal bargaining agreements is most NOT accurate?
A. Bargaining agreements is gaining popularity in the common law jurisdictions as a method of disposing criminal cases
B. Bargaining agreements are more accepted in inquisitorial than in the adversarial jurisdictions
C. Bargaining agreements are more commonly accepted in common law jurisdictions than civil law jurisdictions.
D. None of the above
7. Which of the following statements is NOT correct in regard to the expert witness report or statement?
A. The expert witness report is protected litigation privileges
B. The expert witness report is not protected litigation privileges
C. The expert witness report should include the qualification of the expert witness and basis of his/her conclusion
D. All the above
8. Which of the following is NOT one of the three stages of a criminal proceeding in an inquisitorial jurisdiction?
A. The investigative phase
B. The pre-trial phase
C. The trial phase
D. The examination phase
9. Which of the following statement is TRUE in regard to expert witness and the trial process in the common law jurisdiction?
A. The examination in chief phase of the trial process is conducted the parties to the litigation
B. The cross-examination counsel will ask the expert witness questions, to look for answers that will assist him/her understand the technical matters related to the facts in issue
C. The cross-examination counsel will not ask question that he does not have an answer
D. All the above
10. Which of the following statements is CORRECT 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. Only Inquisitorial jurisdictions feature cross-examination
D. None of the above
11. In inquisitorial jurisdictions, which of the following parties may access the full evidentiary record prior to the trial phase of a criminal proceedings?
A. The judge and the prosecution only
B. The prosecution only
C. Both the prosecution and the defense
D. None of the above
12. Hassan is being prosecuted for corruption and abuse of office in a common law system using adversarial processes. In his defence, Hassan calls a witness to testify to his good character. Which of the following statements is CORRECT in regard to the defendant’s defence?
A. Hassan’s witness testimony of good character is not a proper defence
B. Hassan’s witness testimony of good character is a proper defence
C. Hassan’s witness testimony of good character can be used to convince the judge to acquit
D. All the above
13. Which of the following statements is NOT correct in regard to expert testimony in judicial proceedings?
A. To provide direct oral testimony based on personal knowledge and perceptions of the facts in issue
B. Assist in interpreting the technical matters related to the facts in place
C. Assist the judge or jury determine the evidence
D. All the above
14. Which of the following statements BEST describe a conflict of interest for a testifying expert witness?
A. The expert witness was a high school classmate
B. The testifying expert’s ability to be objective because of his relationship with the client
C. The testifying expert received higher than normal payments for his services
D. None of the above
15. In adversarial judicial jurisdictions, which of the following is NOT a question that must be asked in determining whether an expert may testify before the jury or judge?
A. Does the expert have the necessary qualifications and experience in the subject at issue?
B. Is the testimony reliable?
C. Is the testimony relevant to the facts of the case?
D. Does the expert have a master’s degree in the subject?
16. Which of the following BEST describes the standard of proof for civil trials in common law jurisdictions?
A. Preponderance of evidence
B. More likely than not
C. The inner conviction of the judge
D. None of the above
17. Which of the following statements concerning the criminal discovery process in adversarial jurisdictions is
ACCURATE?
A. Only the prosecution may request information from the defendant, but the defendant is not allowed to request for information
B. Both the prosecution and the 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. All the above
18. Which of the following statements concerning judges and juries is NOT accurate?
A. Inquisitorial judicial processes use juries as fact-finders in serious criminal cases
B. In a bench trial in adversarial jurisdictions, the judge only determines of law.
C. In adversarial jurisdictions Juries primarily determine issues of facts.
D. None of the above
19. In the civil law jurisdiction which of the following parties may NOT access the full evidentiary record before the trial phase of criminal proceedings?
A. The judge and the prosecution
B. The defence
C. Both the prosecution and the defense
D. None of the above
20. Bob is being prosecuted in a common law system using adversarial processes for abuse of office and bribery. During trial, in defence of the charges, Bob claims that he is a man of high integrity and that he cannot engage in corruption. The prosecution wants to show evidence of Bob’s previous charges of abuse of office and corruption. Which of the following is NOT correct in regard to admissibility of evidence?
A. Character evidence is not admissible for purposes of conviction
B. Character evidence is admissible for purposes of sentencing
C. Character evidence is not admissible because it is not relevant to the facts in issue
D. All the above
21. Which of the following parties may NOT serve as fact finders in criminal proceedings in most common law systems?
A. A panel of juries
B. A judge
C. A panel of both professional and lay judges
D. None of the above
22. Which of the following statements is NOT correct?
A. Relevant evidence is evidence that tends to make some fact at issue more or less likely than it would be without the evidence.
B. In common law jurisdictions, evidence of other crimes committed a defendant is usually inadmissible to prove that a defendant is generally a bad person, and therefore is likely to have committed the crime with which he is charged.
C. Under the evidence Act, relevance of evidence is key to the admissibility of evidence
D. All the above
23. Joab, a Certified Forensic Fraud Investigator, is testifying in court as an expert witness in an adversarial system. During cross-examination, opposing counsel invades Joab’s body space. What should Joab NOT do?
A. Ignore the counsel’s behavior
B. Continue answering question
C. Ask the judge to intervene
D. All the above
24. A digital forensic expert seized a computer of a compromised computer system. If the computer forensic expert cannot verify who provided him with the computer’s hard drive and who have had position of the computer since it was seized, then questions will be raised regarding which of the following?
A. The hard drives’ security
B. The chain of custody
C. The security of the hard drive image.
D. None of the above
25. Which of the following statement is CORRECT in regard to the common law legal systems?
A. An expert witness may not express opinions or draw conclusions in his testimony during a legal proceeding
B. In most common law systems, a party must serve the opposing side with exhibits they are going to use in court as evidence
C. In common law jurisdictions that use juries, judges most commonly serve as the fact-finder in criminal
D. All the above
26. In common law legal systems, which of the following is generally NOT an objective of opposing counsel during the cross-examination of an expert witness?
A. To ask questions that they already have an answer
B. To obtain information about the expert witness’s previous contradicting statements to question the witness’s honesty and truthfulness
C. To expose the expert’s knowledge and experience on the matters at issue
D. To diminish the importance of the expert’s testimony showing that the evidence is irrelevant and unreliable
27. Which of the following is an example of direct evidence?
A. Witness testimony about risks of fraud
B. Expert testimony based on interpretation of the facts
C. A coconspirator’s testimony of their involvement in the fact in issue
D. Testimony that the defendant deposited five million shillings into his account on two days after the money was stolen from his employer
28. In systems using adversarial processes, an attorney may impeach an opposing party’s witness attacking either their knowledge of the subject at issue or their credibility. Which of the following is an example of impeachment based on the witness’s credibility?
A. The expert witness made prior inconsistent statements
B. The expert is not well trained on the subject matter
C. The expert has a disclosed conflict of interest
D. None of the above
29. In civil litigation in civil law jurisdictions, which of the following is NOT correct in regard to evidentiary?
A. Evidentiary record is created during pre-trial stage
B. Evidentiary record is created during the examination phase
C. Evidentiary record is created during the investigation phase
D. All the above
30. Which of the following statements is TRUE in regard to admissibility of relevant evidence?
A. Relevant evidence may not be admissible if it is not relevant to the facts in issue
B. Relevant evidence may be admissible if the evidence is prejudicial
C. Relevant evidence may be admissible even if it is confusing
D. None of the above
Which of the following statements is NOT correct in regard to hearsay evidence?
A. A photograph can be either demonstrative evidence or an exhibit
B. Hearsay evidence is generally inadmissible
C. Documents are generally hearsay
D. Hearsay evidence is not admissible regardless of the circumstances
31. In cross-examination of a prosecution expert witness, which of the following is an objective of cross-examination counsel when he asks questions as if he/she is looking for an answer from the expert witness
A. Provide the expert with a false sense of security
B. Make the expert contradict himself
C. Make the expert a sounding board continuously agreeing with the defence counsel’s position
D. None of the above
32. Which of the following is TRUE in relation to Anti-fraud professionals’ code of ethics, like ACFE Code of Professional Ethics, CFEs in regard to expert testimony?
A. The expert can testify to opinion of guilt or innocence
B. The expert can testify to opinions of the opposing expert witness testimony
C. The expert cannot testify on technical matters, that is violation of accounting standards
D. All the above
33. In adversarial jurisdictions, for a document to be admitted into evidence, it must pass the which of the following test.
A. The document must be properly signed
B. The document must be properly certified
C. The document must be properly encrypted
D. None of the above
34. Which of the following statements is NOT correct in regard to duty to preserve information relevant to a case, in the civil law jurisdiction?
A. The duty arises when the case is filed with the court
B. The duty arises when litigation is reasonably anticipated or contemplated
C. The duty arises when litigation start
D. None of the above
35. Which of the following statements is ACCURATE in regard to prosecution’s right to obtain disclosure of information from defendants in criminal proceedings in common law jurisdictions?
A. The prosecution is typically entitled to more disclosures from the defendant than parties in civil litigation
B. The prosecution is entitled to any disclosures.
C. The prosecution is not entitled to any disclosures
D. None of the above
36. Which of the following statement is NOT correct in regard to waiver of privileges?
A. Waiver of a legal professional privilege occurs when a client shares privileged information with a third party who has no role to play in litigation
B. Legal professional privileges cannot be extended to a third-party under any circumstances
C. Legal professional privileges can be extended to a third-party for consulting purposes
D. All the above
37. Jennifer is retained a court to provide an expert opinion involving specialised knowledge in procurement, for litigation. Which of the following jurisdiction is Jennifer giving expert testimony?
A. Common law legal system
B. Criminal Justice System
C. Inquisitorial jurisdiction
D. None of the above
38. Which of the following is a method of pre-trial civil discovery used in most common law jurisdictions?
A. Pre-trial written examinations
B. Information
C. Search warrant
D. None of the above
39. In most civil law jurisdictions, which of the following parties appoint expert witnesses to provide testimony to the court?
A. The parties to the litigation
B. The court
C. The prosecution
D. None of the above
40. Which of the following statement is NOT accurate in relation to appellate courts in common legal systems?
A. In most common law jurisdictions, a civil appellate court generally interviews additional fact witnesses and expert testimony and collects new documentary evidence
B. In most common law jurisdictions, a civil appellate court does not review issues of facts
C. Unlike the civil legal system, the common law legal system reviews matter of the law only
D. All the above
41. Fiona, a Certified Forensic Fraud Examiner, has been appointed to testify in a court of law during a fraud case. During the investigation, Fiona reviewed the defendant’s bank statements and found that an equivalent amount of money was deposited in her account around the same time of the alleged disappearance of the money that was under her control. Which of the following BEST describes the type of evidence found in the bank statements?
A. Direct evidence
B. Documentary evidence
C. Real evidence
D. None of the above
42. During close examination defense counsel usually conduct the cross examination through questions. Which of the following types of questions is the defense counsel likely to ask an expert witness.?
A. Closed questions
B. Narrative question
C. Open question
D. None of the above
43. In civil law jurisdictions, which of the following best describes the major role of the advocates of the parties to the litigation during civil litigation?
A. The advocates examine and cross-examine witnesses
B. The advocates play an advisory role
C. The prosecution presents the evidence in court
D. All of the above
44. Which of the following statements is NOT correct in regard to litigation privileges?
A. Litigation privileges and other similar evidentiary protections, such as the attorney’s work product doctrine, apply only to documents and things prepared in anticipation of litigation or for trial.
B. Litigation privileges and other similar evidentiary protections does not protect documents that were in existence before litigation was anticipated
C. Affidavits are not protected litigation privileges
D. All the above
45. Defence counsel usually ask complex or confusing questions during cross-examination. Certified Fraud Examiners must be aware of the advocate’s’ tactics. Which of the following is a type of questions or techniques that a defence counsel is likely to ask?
A. Open questions
B. Closed questions
C. Hypothetical questions
D. None of the above
46. Which of the following statement is most ACCURATE in regard to expert witness?
A. Certified Forensic Fraud Examiner (CFFE) credential demonstrates expertise in fraud prevention and investigation, therefore CFFEs are automatically qualified to give testimony in any fraud-related issues
B. To testify in court as an expert witness, the witness must have formal training and experience in the subject
C. To testify in court as an expert witness, the witness must have personal knowledge of the facts in issue
D. All the above
47. Which of the following statement is CORRECT in regard to appointment of expert witnesses?
A. In all inquisitorial court systems, parties are not allowed to appoint their own expert witnesses.
B. All inquisitorial court systems allow parties to appoint their own expert witnesses.
C. In most inquisitorial court systems, the court appoints a primary expert witness
D. All the above
48. Which of the following items should basically be included in the trial record of civil trials in inquisitorial jurisdictions?
A. Key document submitted as evidence
B. A word-for-word transcript of all oral testimony
C. All information provided witnesses
D. All of the above
49. Which of the following statement is CORRECT in regard to witnesses in investigations and trial in a court of Law?
A. All witnesses interviewed during investigations are not fact witnesses, therefore they can only provide information and not evidence
B. A witness who provides information based on personal knowledge, can be called to court as an expert witness
C. An auditor who detects a fraudulent scheme in the course of a routine audit can be called to testify in court of law as an expert witness.
D. All the above
50. Which of the following statement is NOT correct in regard to the basic principles of evidence in the common law jurisdiction?
A. Evidence must be direct to the facts in issue
B. Evidence must reliable
C. Evidence must be admissible
D. All the above
51. Which of the following statements is NOT correct in regard to the admissibility of evidence in Kenya?
A. Relevant evidence is not always admissible
B. Character evidence is inadmissible because it is not reliable
C. Physical items like documents presented as exhibits must be certified
D. All the above
52. Which of the following statement is NOT correct in regard to exhibits?
A. All documents related to a fact in issue are exhibits
B. Exhibits are form of real evidence
C. Demonstrative evidence is a form of demonstrative evidence
D. All the above
53. In a common law jurisdiction like Kenya, counsel may NOT be able to impeach an opposing party’s witness showing which of the following?
A. The lay witness does not have expertise on the matters in issue.
B. The lay witness has a conflict of interest
C. The witness has previously shown lack of integrity
D. All the above
54. Which of the following is a reason why litigants involved in cross-border litigation should expect to have the privilege laws from their own jurisdiction applied when engaged in cross-border litigation?
A. Courts understand international privilege laws of foreign jurisdictions which they have signed treaties with
B. Courts are able to better understand the concepts of the local privilege laws
C. Courts are more inclined to apply their own privilege laws than the laws of foreign jurisdictions
D. None of the above
55. In the event that the opposing counsel questioning the expert witness is using extreme unfair practices which of the following should the expert NOT do?
A. Ask the judge to intervene
B. Ignore the counsel’s unfair practice and answer questions unless otherwise directed the court
C. Answer questions
D. None of the above
56. Which of the following is NOT true about the protection of communications between an advocate and his client?
A. The client and advocate should keep the communications confidential
B. The purpose of the communications was to seek legal professional services
C. The communication of the information must only be with the advocate and the client, and no other interested parties
D. All of the above
57. In a civil trial in adversarial jurisdictions, a court may grant a party’s request if it determines that there is no adequate defense of fact in issue and the requesting party is entitled to judgment as a matter of law. Which of the following BEST describe the judgement?
A. Conviction
B. Sentencing
C. Judgment
D. None of the above
58. Which of the following statements is NOT correct in regard to the trial phases in both the common and civil law?
A. The inquisitorial has three trial phases
B. The adversarial process has two phases
C. Conviction and sentencing are conducted in trial phase in the civil law jurisdictions
D. None of the above
59. In a criminal trial involving allegations of fraud, the prosecution introduces a diagram to illustrate the organisational structure of the company alleged to be involved in fraud. The diagram is what form evidence?
A. Exhibit
B. Documentary evidence
C. Real evidence
D. None of the above
60. During cross-examination counsel uses several techniques. Which of the following terms BEST describes the advocate’s technique for getting the expert witness to agree to a large amount of time being spent in one area of the investigation, only for the questioning to be on an area that the investigator did not cover, so as to show that the investigator’s work was limited in scope?
A. Contradiction
B. False sense of security
C. Sounding board
D. None of the above
61. Which of the following statement is CORRECT in regard to expert witnesses
A. An opposing expert can testify about the opinions of the other expert
B. Expert witness can only be called the court.
C. Expert witnesses cannot be called upon to give an opinion different from that reached an equally credible expert called the court or the other side.
D. All the above
63. Which of the following statement is NOT true in regard to juries in legal trial process in the common law of jurisdiction
A. In civil trials in some common law jurisdictions, the jury verdict must be unanimous
B. In criminal trails in common law jurisdictions, the jury verdict must be unanimous.
C. Common law jurisdictions also use juries in civil trials
D. All the above
64. A Certified Forensic Fraud Examiner in his examination report stated that, he has found that five million shillings have been misappropriated. The facts to support the same was that he found that the day the money was withdrawn from the account, a few days later the same amount of money was deposited in the defendant’s account. Which of the following BEST describes the evidence stated in the fraud investigation report?
A. Demonstrative evidence
B. Real evidence
C. Direct evidence
D. None of the above
65. Which of the following is CORRECT in regard to prosecution and defence trial process in Kenya?
A. The prosecution presents the evidence first during the examination in chief.
B. The defence counsel cross examine the prosecution witness first
C. The prosecution can re- examine on matters brought the defence counsel during cross- examination and the defence cannot cross-examine further
D. All the above
66. Which of the following is TRUE in regard to the admissibility of evidence in common law jurisdiction?
A. The purpose of authentication requirement in most common law systems is to ensure that forgery is not admitted into evidence
B. The reason for including hearsay evidence in common law jurisdictions is because hearsay evidence is unreliable.
C. The reason for including character evidence in the common law jurisdictions is because character evidence is reliable
D. All the above
67. Some common law countries allow parties to conduct a sworn testimony given a party or witness upon questioning counsel for one of the parties during pre-trial. Which of the following BEST describe the type of examination?
A. Cross-examination
B. Re-examination
C. Direct examination
D. None of the above
68. Which of the following statement in regard to standard and burden of proof is CORRECT?
A. In inquisitorial jurisdiction, the standard of proof in civil trials and criminal trials is generally the same.
B. In the adversarial jurisdictions, the standard of proof for civil trials is the same as the burden of proof for civil trials in the inquisitorial jurisdictions
C. The standard of proof for civil trial in the inquisitorial law jurisdictions is lower than the standard of proof for civil trials in the common law jurisdiction
D. All the above
69. Which of the following statement is ACCURATE in regard to defendant’s testimony in both the civil and common law systems?
A. In inquisitorial judicial processes, criminal defendants are generally required to provide testimony, if so directed the court
B. In inquisitorial judicial processes, criminal defendants have a right to remain silent
C. In adversarial judicial processes, criminal defendants have no right to remain silent
D. All the above are correct
70. Which of the following statement is NOT correct in regard to civil trial court of appeal in the common law jurisdiction?
A. Generally, only the losing side may appeal from an adverse verdict
B. Both the winning and the losing side may appeal
C. The appellate court can only review issues of the law
D. None of the above
71. Which of the following actions can the civil appellate court NOT perform in most civil law jurisdictions?
A. Call new expert opinions
B. Call new witness testimony
C. Gather new documentary evidence
D. None of the above
72. The judicial process, where the court oversees the investigation of a case, is primarily responsible for questioning witnesses, and generally plays a larger role in the evidence-gathering process than the parties’ legal counsel. Which of the following describe the judicial process?
A. Adversarial process
B. Inquisitorial process
C. Civil law legal process
D. All the above
73. In adversarial judicial processes, which of the following parties gathers evidence and conducts the questioning of the expert witnesses at trial?
A. The court
B. The parties to the litigation and their advocates respectively
C. The jury
D. The parties or their legal counsel
74. For evidence to be admissible it must be properly authenticated. The authentication rules also apply to digital evidence and computer records. Which of the following is a method of authenticating computer records is NOT correct?
A. Accompanying the evidence with a written certification the database administrator
B. The digital and computer records must be certified
C. Personal knowledge of who created the document or how it is maintained
D. All of the above
75. Stella, a Certified Forensic Fraud Examiner works in a common law legal system with litigation privileges. Stella conducted an investigation of an alleged fraud at the XYZ Company and prepared a report which he handed over to the audit and risk committee. Which of the statement is CORRECT in regard to protection of reports
A. The report is protected under the client privilege
B. The report is protected under the employer/employee privilege
C. The report would only be protected if the investigation is conducted under the supervision of the attorney
D. None of the above
76. Which of the following statements is NOT correct in regard to testimonial evidence in the common law jurisdictions?
A. Common law jurisdictions favor testimonial over documentary evidence
B. Common law jurisdiction favor documentary evidence over testimonial evidence
C. Common law jurisdiction admits both testimonial and documentary evidence
D. None of the above
77. Under the Kenya Evidence Act, which of the following statement is NOT correct?
A. Oral evidence given witnesses must be real
B. Oral evidence must be based on the witness’s personal knowledge or firsthand information
C. Expert testimony is not direct evidence
D. All the above
78. Which of the following statements is CORRECT in regard to cross-examination?
A. During cross-examinations in adversarial systems, it is a general rule for opposing counsel to cross- examine an expert witness asking questions that will support the opposing side
B. In inquisitorial jurisdictions, the defense counsel is allowed to cross examine the expert witness
C. In inquisitorial jurisdictions, the defense counsel is not allowed to cross examine court appointed expert witness
D. None of the above
79. Which of the following statements in regard to evidence is NOT correct?
A. Authentication is one of the requirements for admission of documentary evidence
B. Common law legal systems tend to have less stringent requirements for admissibility of evidence than the civil law system
C. The objective of restrictions on admissibility of evidence is to ensure that the defendant gets a fair hearing
D. All the above
80. Which of the following statements is ACCURATE?
A. In the civil law jurisdiction, evidence is inadmissible when one party objects to another person offer of evidence
B. Evidence is always admissible if it is relevant and reliable
C. In the common law legal system relevant evidence to prove other facts in issue will be inadmissible to prove facts in issue being litigated
D. All the above
81. Which of the following statements is NOT accurate?
A. In the common law legal system, relevant evidence will always be admitted
B. In the common law legal system, relevant evidence can be inadmissible, if the evidence is unduly prejudicial, cause unnecessary delay and expensive
C. Unlike the common law legal system, in civil legal system evidence can be admitted even if it is not relevance.
D. All the above
82. In the common law legal system, relevance is one of the basic principles of evidence. Which of the following evidence is NOT relevant to the facts in issue?
A. Unauthenticated evidence
B. Character evidence
C. Direct oral evidence
D. All the above
83. Which of the following scenarios would NOT result to waiver of a client’s legal professional privilege over confidential communications with his attorney?
A. The client’s legal representative shares privileged communications with a consultant, a third party for purposes of legal support
B. The client intentionally shares privileged communications with an unrelated third party who has no need to know the information
C. The client accidently forwards an email with privileged information to unrelated third parties who have no need to know the information.
D. All of the above
84. Which of the following statements is NOT true in regard to expert witnesses in common law jurisdictions?
A. Generally, adversarial courts appoint their own expert witness, whose testimony will be the primary expert opinion considered the court.
B. In adversarial jurisdictions the parties to the litigation appoints their own expert witnesses
C. Expert witnesses in adversarial must be prepared to have their testimony withstand cross examination
D. All the above
85. Which of the following statement is CORRECT in regard to admissibility of evidence?
A. The common law systems tend to have less stringent restrictions on admissibility of evidence than in the civil law system
B. The objective of the restriction of admissibility of evidence is to ensure that the prosecution gets a fair trial
C. Questions involving admissibility of evidence occur when one party objects to another party’s offer of evidence
D. If the judge sustains the objection, then the evidence will be inadmissible
86. Brenda is the lead suspect in an ongoing civil investigation in adversarial jurisdiction that will likely end up in litigation. Brenda shredded the original documents that are key to the facts in issue. Which of the following statements is CORRECT?
A. Brenda violated his duty to preserve relevant information because he destroyed evidence relevant to a reasonably anticipated litigation
B. Brenda did not violate his duty to preserve relevant information because litigation had not commenced when she shredded the documents
C. Brenda did not violate his duty to preserve relevant information because the destruction of the documents was overdue.
D. All the above
87. Which of the following is NOT true in regard to evidence under the Kenya Evidence Act (CAP 80)?
A. The evidence act shall not apply to all judicial proceedings in or before any court
B. The evidence act shall not apply to the Kadhi’s court
C. The evidence act shall not apply to arbitration and tribunals
D. All the above
88. Which of the following statements in regard to the evidence act is NOT correct?
A. Confession the accused is generally inadmissible
B. Confession an accused will be admissible if it is made before any investigator
C. Confession co- accused implicating himself would be admissible
D. All the above
89. Which of the following statements is NOT true in regard to evidence in a fraud case?
A. Most of the fraud cases are almost entirely proven directly
B. A person who has personal knowledge of a fraudulent transaction and is not a beneficiary of the offence can be a good fact witness to give direct evidence
C. A co- conspirator is a good fact witness to provide direct evidence
D. All the above
90. Which of the following is an example of an open ended question that the prosecution counsel might ask an expert witness during direct examination in an adversarial system?
A. “How did You know that the suspect committed the offence?
B. “You did find direct evidence implicating the defendant, is that true?”
C. “Could you please describe how the financial statements were manipulated and the effects of the manipulation?”
D. None of the above
91. Which of the following statement is CORRECT in regard to examination in chief and re- examination court processes?
A. Examination in chief and re- examination court processes are confrontational questioning that aims at exposing the facts of the case with the court
B. Examination in chief and re- examination court processes are un-confrontational questioning that aims at exposing the facts of the case with the court
C. Examination in chief and re- examination court processes are confrontational questioning that is conducted the defence counsel
D. All the above
92. Which of the following is NOT correct in regard to questions that cross examination counsel would ask during cross examination?
A. Cross-examining attorney will ask leading questions
B. Cross-examining attorney will ask narrative questions.
C. Cross-examining attorney will not ask open ended question.
D. All the above
93. Which of the following is NOT correct about direct examination/ examination in chief?
A. During examination in – chief, the prosecutor is allowed to ask the prosecution witness leading questions
B. During examination in – chief the prosecutor is not allowed to ask the prosecution witness leading questions
C. During examination in – chief the prosecutor is allowed to ask the prosecution witness open questions
D. All the above
94. Hearsay evidence is generally not admissible in the adversarial jurisdictions like Kenya. However, there are exceptions to the hearsay rule. Which of the following is NOT an example of the exemption of the hearsay rule?
A. Former testimony related to the fact in issue
B. Financial statements
C. Business records
D. All the above
95. Documents prepared outside the court for a purpose are generally considered as hearsay. Which of the following is
NOT a hearsay document?
A. An affidavit
B. Financial statements
C. A cheque
D. All the above
96. In the common law jurisdictions, evidence can be excluded because of lack of reliability. Which of the following is a rule of admissibility of evidence related to reliability?
A. Rule of authentication
B. Rule against character evidence
C. The best rule evidence
D. All the above
97. In the common law jurisdictions, documentary evidence can be excluded because of lack of integrity. Which of the following is a rule of admissibility of evidence related to integrity of documents?
A. Rule of authentication
B. Rule against character evidence
C. The best rule evidence
D. All the above
98. Which of the following is NOT true in regard to admissibility of electronic evidence under the Evidence Act?
A. In any legal proceedings, electronic messages and digital materials will be admissible as evidence
B. Electronic evidence will not be admissible if the date stamp change
C. Electronic evidence must provide reliability of the manner in which the electronic digital evidence was generated, stored and communicated
D. All the above
99. Which of the following statement is NOT correct in regard to character evidence in litigation privileges?
A. In criminal trials in some common law jurisdictions, character witnesses may testify to the defendant’s bad character
B. In criminal trials in some common law jurisdictions, character witnesses may testify to the defendant’s good character
C. In criminal trials in some common law jurisdictions, character witnesses may testify generally about the good character of the defendant
D. In criminal trials in some common law jurisdictions, character witnesses may not testify on specifics
100. Which of the following statement is TRUE in regard to exemption of the hearsay evidence?
A. Statement against interest is one of the exemptions of hearsay rule
B. Statement of interest is one of the exemptions of hearsay rule
C. Public and business records are exemptions of hearsay rule
D. None of the above
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