CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM
TUESDAY: 3 December 2024. Morning 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 prejudgment court order related to assets acquired with proceeds of corruption or fraud?
A. Prejudgment is ordered during trial in court
B. Prejudgment is ordered during pre-trail
C. Prejudgment is ordered after judgement
D. None of the above (1 mark)
2. Which one of the following statements is ACCURATE in regard to the pre-trial process?
A. The discovery of evidence is conducted during trial
B. The parties involved in pre-trial are the parties to the litigation
C. The parties involved in pre-trial are the parties to the litigation and the judge
D. The parties involved in pre-trial are the parties’ legal representative (1 mark)
3. Which one of the following statements is ACCURATE in regard to disclosure of evidence in criminal cases in inquisitorial jurisdictions?
A. The disclosure of evidence in both criminal and civil cases is the same
B. The disclosure of evidence in criminal cases is more stringent than that in civil
C. The disclosure of evidence in criminal cases is limited to exhibits only
D. The disclosure of evidence in criminal cases is limited to documents or information prepared in anticipation for litigation (1 mark)
4. Which one of the following statements is ACCURATE in regard to the burden of proof in civil trials in adversarial jurisdictions?
A. Only the defence has the burden of proof
B. Only the prosecution has the burden of proof
C. Each party to the litigation has burden to prove their side of the case
D. None of the above (1 mark)
5. Which one of the following is ACCURATE in regard to the sources of law in the inquisitorial jurisdictions?
A. Written legal principles
B. Written statutes
C. Civil laws
D. None of the above (1 mark)
6. Which one of the following statements is NOT accurate in regard to determining criminal trials in adversarial jurisdictions?
A. Courts apply only substantive laws to determine criminal cases
B. Courts can apply court legal principles to determine criminal cases
C. Courts apply procedural laws to determine the rules and procedures to be followed to determine criminal cases
D. Courts extensively apply common law to determine criminal cases (1 mark)
7. Which one of the following BEST describes the parties to a litigation in a fraud civil suit?
A. All parties involved in a fraud civil suit are parties to the litigation
B. The judge, plaintiff and the defendant are the parties to a litigation in a fraud civil suit
C. The judge and the plaintiff are the parties to litigation in a fraud civil suit
D. None of the above (1 mark)
8. Which one of the following statements is ACCURATE in regard to parallel fraud proceedings?
A. Parallel proceedings can involve criminal, civil and administrative proceedings based on the same facts in issue
B. Parallel proceedings can involve criminal, civil and administrative proceedings based on several facts in issue
C. Parallel proceedings cannot be conducted concurrently
D. Parallel proceedings, can involve several criminal defendants being prosecuted for the same facts in issue (1 mark)
9. Which one of the following statements is ACCURATE in regard to the effects of parallel proceedings in a fraud and corruption cases?
A. Parallel proceedings can enhance sanctions resulting from multiple judgements
B. Parallel proceedings can result in fines compensation remedy but not imprisonment
C. Parallel proceedings can undermine chances of success in the parallel proceedings
D. In parallel proceedings the evidence used in civil litigation cannot be used in criminal proceedings
(1 mark)
10. Which one of the following statements is ACCURATE in regard to the discovery of evidence in the common law jurisdictions?
A. The court discovers evidence during pre-trial
B. The parties to the litigation discover evidence during trial
C. Both the court and the parties to the litigation discover evidence during pre-trial
D. None of the above (1 mark)
11. Which one of the following statements is ACCURATE in regard to Civil Procedure Act in relation to fraud civil suits?
A. Civil Procedure Act is a type of legal principle that can be applied in civil fraud cases
B. Civil Procedure Act is a type of substantive law that can be applied in civil fraud cases
C. Civil Procedure Act is not a type of legal principles that can be applied in civil fraud cases
D. None of the above (1 mark)
12. Which one of the following laws sets the rules and procedures that determine economic crimes?
A. Civil Procedure Act
B. Anti-corruption and Economic Crimes Act
C. Bribery Act, 2016
D. None of the above (1 mark)
13. Which one of the following is a substantive law related to financial crimes?
A. Criminal Procedure Code
B. POCAMLA
C. Anti-Corruption and Economic Crimes Act
D. Public Financial Management Act (1 mark)
14. Which one of the following statements is NOT accurate in regard to case law and fraud cases?
A. Case law is not a written law and therefore cannot be applied in fraud cases
B. Case law is a written law and therefore can be applied in fraud cases
C. Case law is not a substantive law and therefore cannot be applied in fraud cases
D. Case law is not a procedural law and therefore does not set the rules and procedures for determining fraud cases (1 mark)
15. Which one of the following statements is NOT accurate in regard to why the common law jurisdictions process of discovering evidence is adversarial?
A. The disclosure of evidence to the opposing side before trial
B. The cross examination the defence
C. The burden of proof is on the prosecution
D. None of the above (1 mark)
16. Which one of the following statements is NOT accurate in regard to beyond reasonable doubt standard of proof?
A. Beyond reasonable doubt standard of proof is highest standard of proof
B. The defense can make evidence not to be beyond reasonable doubts creating doubts on the evidence
C. The defense can make evidence not to be beyond reasonable doubts creating reasonable doubts on the evidence
D. It is easy for defense to create reasonable doubts on circumstantial evidence (1 mark)
17. Which one of the following BEST describes an application a winning party in a fraud civil trial?
A. An injunction
B. Summary judgement
C. Damages remedy
D. None of the above (1 mark)
18. Which one of the following statements is ACCURATE in regard to a civil fraud defendant in adversarial jurisdictions?
A. A civil fraud defendant has a burden of proof against liability
B. A civil fraud defendant does not have a burden of proof against liability
C. A civil fraud defendant has strict burden of proof against liability
D. A civil fraud defendant does not have a burden of proof against penalties (1 mark)
19. Which one of the following statements is NOT accurate in regard to criminal proceedings in a fraud trial in the common law jurisdiction?
A. The prosecution shall present sufficient evidence for the criminal defendant to convicted
B. The prosecution has the burden to prove the alleged facts in issue
C. The prosecution appoints their own witnesses
D. The criminal proceedings the judge or jury are not parties to a criminal proceeding (1 mark)
20. Which one of the following statements is ACCURATE in regard to a criminal defendant in fraud trial in the inquisitorial jurisdictions?
A. The criminal defendant does not have a burden of proof against criminal liability
B. The criminal defendant does not have the right to remain silent in a criminal proceeding
C. The criminal defendant presents evidence first during the criminal proceedings
D. The criminal defendant has the right to remain silent in a criminal proceeding (1 mark)
21. Which one of the following statements is ACCURATE in regard to common law and fraud cases?
A. The common law can only be applied on fraud criminal trials
B. The common law can only be applied on fraud civil suits
C. The common law can be applied on both civil criminal fraud trials
D. The common law is not a written law therefore it cannot be applied on fraud trial (1 mark)
22. Which one of the following is the LEAST effective justice system in combating fraud and corruption?
A. Criminal prosecution
B. Civil action
C. Alternative dispute resolution
D. Administrative justice system (1 mark)
23. Which one of the following bodies of law is the statutory source of law applied on civil fraud cases?
A. Evidence Act
B. Civil Procedure Act
C. The law of torts
D. The Anti-Corruption and Economics Crimes Act (1 mark)
24. Which one of the following is NOT a type of administrative laws?
A. Public Procurement and Assets Disposal Act
B. Penal code
C. Tax Procedure Act
D. Capital markets Act (1 mark)
25. Which one of the following is NOT a criminal law?
A. Anti-Corruption and Economic Crimes Act
B. Bribery Act
C. POCAMLA
D. None of the above (1 mark)
26. Which one of the following is NOT an administrative law?
A. Public Procurement and Assets Disposal Act
B. Public Finance Management Act
C. Capital Markets Act
D. None of the above (1 mark)
27. Which one the following is NOT a written law that is related to fraud and corruption?
A. Anti-Corruption and Economic Crimes Act
B. Public Procurement and Disposal Act
C. Common law
D. None of the above (1 mark)
28. Which one of the following are parties to a litigation in civil law jurisdictions in criminal trials?
A. The presiding judge and the trial judge
B. The presiding judge and the parties to the litigation
C. The prosecution and the criminal defendant
D. The prosecution and the parties to the litigation (1 mark)
29. Which one of the following statements is ACCURATE in regard to a fraud civil litigation in Kenya jurisdiction?
A. Cross examination does not feature in civil fraud litigation
B. The questioning during the trial process is conducted parties to the litigation
C. The defendant can cross examine the plaintiff but the plaintiff cannot cross examine the defendant
D. The questioning during the trial process is conducted the judge (1 mark)
30. The disclosure of evidence in criminal trials in inquisitorial jurisdictions occurs in which of the following phases?
A. Examination and trial phases
B. Pre-trial and trial phases
C. Investigation phase only
D. None of the above (1 mark)
31. Which one of the following statements is NOT accurate in regard to duty to preserve evidence in common law jurisdictions?
A. Failure to preserve evidence relevant to the case can result in legal sanctions
B. Accidental destruction or loss of relevant documents would result in legal sanctions
C. The duty to preserve evidence commence during pre-trial
D. The duty to preserve the documents commences immediately litigation is reasonably anticipated
(1 mark)
32. Which one of the following parties has the duty to preserve evidence under civil litigation in civil law jurisdiction?
A. Court
B. The trial judge
C. The defendant
D. The plaintiff (1 mark)
33. Which one of the following statements is NOT accurate in regard to an appeal in a civil suit in Kenya?
A. The plaintiff can appeal against a favorable judgement
B. The defendant can appeal against liability judgement
C. The plaintiff can appeal against liability judgement
D. Both the plaintiff and the defendant can appeal against damages and liability respectively (1 mark)
34. Which one of the following statements is ACCURATE in regard to pre-judgement?
A. Pre-judgement occurs during trial
B. Pre-judgement during pre-trial
C. Pre-judgement occurs when litigation is reasonably anticipated
D. Pre-judgement occurs in both criminal and civil in civil justice systems (1 mark)
35. Which one of the statements is NOT ACCURATE in regard to bargaining plea in adversarial jurisdictions?
A. Bargaining plea occurs during pre-trial
B. Bargaining plea occurs during trial
C. Bargaining plea is part of the criminal justice system
D. None of the above (1 mark)
36. Which one of the following parties are involved in criminal trial in the civil law jurisdiction?
A. Prosecution and the criminal defendant
B. Presiding judge, prosecution and criminal defendant
C. Presiding judge and trial judge
D. Prosecution and presiding judge (1 mark)
37. Which one of the following statements is ACCURATE in regard to bargaining agreement in civil law jurisdictions?
A. Civil law jurisdictions do not feature bargaining agreement
B. Civil law jurisdiction feature bargaining agreement in both criminal and serious civil trials
C. Civil law jurisdiction bargaining agreement is equivalent to that in the common law jurisdiction
D. None of the above (1 mark)
38. Which one of the following are parties to a fraud litigation in adversarial jurisdiction in a civil justice system?
A. The prosecution and the criminal defendant
B. The presiding judge, prosecution and the criminal defendant
C. The plaintiff and the defendant
D. The prosecution and the plaintiff (1 mark)
39. Which one of the following statements is NOT accurate in regard to the tribunal court and fraud cases?
A. Tribunals play a crucial role in specialised areas
B. Tribunals are not effective because they are less informal
C. Tribunals are more skilled in handling and evaluating evidence of fraud in specialised areas
D. The tribunals have the mandate to determine evidence and enforce their judgement (1 mark)
40. The legal system that puts the burden of proof on the party that filled a fraud civil case is called .
A. civil law legal system
B. adversarial legal system
C. inquisitorial legal system
D. none of the above (1 mark)
41. Which one of the following statements BEST describes the strict burden of proof in a fraud criminal trial in civil law jurisdictions?
A. The strict burden of proof must be beyond reasonable doubt
B. The prosecution must prove the case beyond reasonable doubts
C. Both the prosecution and criminal defendant must prove their case beyond reasonable doubts
D. None of the above (1 mark)
42. Which one of the following statements is ACCURATE in regard to the role of the judge in fraud criminal trials in Kenyan courts?
A. The judge is a party to a criminal court proceeding
B. The judge is not a fact finder in criminal court proceeding
C. The judge is not a party to a criminal court proceeding
D. The judge has the duty to discover evidence during a court proceeding (1 mark)
43. Which one of the following statements is ACCURATE in regard to inculpatory evidence in fraud cases?
A. Prosecution should only present inculpatory evidence to prove a fraud case beyond reasonable doubt
B. Prosecution should not present inculpatory evidence to prove a fraud case beyond reasonable doubt
C. Prosecution should only present inculpatory evidence if the evidence is beyond reasonable doubts
D. None of the above (1 mark)
44. Which one of the following describes damages’ remedy granted the court of appeal?
A. Equitable remedy
B. Damages remedy
C. Declaratory remedy
D. Pre- judgement (1 mark)
45. Which one of the following courts has jurisdiction to hear a civil fraud case in Kenyan jurisdiction?
A. The high court
B. The anti-corruption court
C. The lower courts
D. The court of appeal (1 mark)
46. Which one of the following statements is NOT accurate in regard to equitable remedy in Kenyan jurisdiction?
A. Equitable remedy can only be awarded the court of appeal
B. Equitable remedy is awarded the high court
C. The civil appellate court can review both legal and factual findings
D. Equitable remedy is an appeal against damages remedy (1 mark)
47. Which one of the following statements is NOT accurate in regard to trail process in a criminal trial in Kenya?
A. The court discovers evidence during trial
B. The parties to the litigation discover evidence during pre-trial
C. Both the court and the parties to the litigation discover evidence during pre-trial
D. All direct evidence must be discovered parties to the litigation before trial (1 mark)
48. Which one of the following statements is ACCURATE in regard to trial juries in civil law jurisdictions?
A. The juries panel is composed of professional judges only
B. The parties to the litigation are allowed jury challenge for a just reason
C. Inquisitorial jurisdiction feature jury trial for all serious cases
D. None of the above (1 mark)
49. Which one of the following statements is ACCURATE in regard to the pre-trial process in a criminal fraud court proceeding?
A. The prosecution must discover call evidence and information that will be presented in court the defense
B. The prosecution collect evidence on behalf of the court during pre-trial
C. The prosecution counsel is not a party to the court criminal proceedings
D. The prosecution is the alleging party in a criminal court proceeding (1 mark)
50. Which one of the following statements BEST describes legal impossibility defense in a court of law in fraud criminal proceedings?
A. That it is not legally possible for the defendant to have committed the alleged crime
B. That the defendant did not have intent to commit the criminal offence
C. That the defendant was not at the scene of the alleged crime
D. That the alleged offence is immaterial (1 mark)
51. Which one of the following describes the charging document for criminal trials in Kenya jurisdictions?
A. A charge sheet
B. A plaint
C. Search warrant
D. An application (1 mark)
52. Which one of the following statements is NOT accurate in regard to the motion to dismiss a case in common jurisdictions?
A. It is a request the defendant to dismiss the case on grounds of lack of jurisdiction
B. It is a request the defendant to dismiss the case on grounds of lack of sufficient evidence
C. It is a request the defendant to dismiss the case on grounds of procedural error
D. It is a request the defendant to dismiss the case on the grounds that the evidence was obtained illegally (1 mark)
53. Which one of the following statements is ACCURATE in regard to civil proceeding in civil law jurisdictions?
A. Investigation phase is part of the court proceedings
B. Investigation is not part of the court proceedings
C. Investigations phase is driven the parties to the litigation
D. Examination is not part of court proceedings (1 mark)
54. Which one of the following statements is NOT accurate in regard to fraud investigation or forensic audit and law?
A. The fraud examiner must apply law in fraud investigation
B. The fraud examiner must identify the legal facts in issue before conducting the investigation
C. The legal facts in issue are determined the court
D. The evidence for the legal facts in issue is determined the court (1 mark)
55. Which one of the following jurisdiction courts discover evidence during pre-trial?
A. Inquisitorial jurisdictions
B. Common law jurisdiction
C. Federal jurisdictions
D. None of the above (1 mark)
56. Which one of the following statements is ACCURATE in regard to legal professional privileges?
A. Legal professional privileges protect advocate and client communication for legal advice and other purposes
B. Legal professional privileges can be extended to a third party for purposes of legal advise
C. Legal professional privileges protect all documents and information relevant to the facts in issue
D. Legal professional privileges protect all documents prepared in anticipation for litigation (1 mark)
57. Which one of the following statements is MOST accurate in regard to court appointed witness in Kenya jurisdiction?
A. In the Kenyan jurisdiction, the court can appoint a witness to provide oral direct evidence
B. In the Kenyan jurisdiction, the court appointed expert witness cannot provide expert testimony in court
C. In the Kenyan jurisdictions, the court can appoint an expert witness to provide expert testimony
D. None of the above (1 mark)
58. Which one of the following statements is NOT accurate in regard to testifying in court in civil law jurisdictions during fraud trials?
A. In most inquisitorial jurisdictions, the defendant’s counsel cannot cross examine the court’s expert witness
B. In most inquisitorial jurisdictions, the defendant’s counsel cannot question the court’s expert witness
C. In most inquisitorial jurisdictions, the trial judge can question the court’s expert witness
D. In most inquisitorial jurisdictions, the trial judge cannot question the court’s expert (1 mark)
59. Which one of the following statements is ACCURATE in regard to corporate bargaining agreement?
A. A corporate cannot enter into a bargaining agreement because it cannot plead guilty
B. A corporate can enter into a bargaining agreement and plead guilty
C. A corporate cannot enter into a bargaining agreement if the prosecution does not have sufficient evidence
D. None of the above (1 mark)
60. Which one of the following statements is NOT accurate in regard to the application of law in economic crimes?
A. The main source of law in Kenya jurisdiction in economic crimes is the Anti-Corruption and Economic Crimes Act
B. Kenya jurisdiction apply only written law in economic crimes
C. Kenya jurisdiction heavily applies legal statutes in economic crimes
D. Kenya jurisdiction use the criminal Procedure Act to determine the procedures to be followed in determining economics crimes (1 mark)
61. Which one of the following BEST describes beyond reasonable standard of proof?
A. Beyond reasonable doubt standard of proof is evidence with the heaviest weight of evidence
B. Beyond reasonable doubt standard of proof is evidence that can withstand reasonable doubts
C. Beyond reasonable doubt standard of proof is evidence that can withstand criticism
D. Beyond reasonable doubt standard of proof is evidence that can withstand doubts (1 mark)
62. If an agent engages in abuse of office, which type of laws will be violated the agent?
A. Written law
B. Legal statute
C. Legal principles
D. Constitution law (1 mark)
63. Which one of the following describes the phase in which a civil trial in Kenya jurisdiction commences?
A. Examination phase
B. Investigation phase
C. Trial phase
D. None of the above (1 mark)
64. Which one of the following statements is ACCURATE in regard to disclosure of exhibits in fraud criminal trials in common law jurisdictions?
A. The defense discovery of exhibits to be used in court is limited
B. The defense discovery of exhibits is unlimited
C. The defense can discover some exhibits during trial
D. None of the above (1 mark)
65. In which one of the following jurisdictions can a white collar criminal defendant have access to all evidentiary record during pre-trial?
A. Common law jurisdiction
B. Adversarial jurisdiction
C. Inquisitorial jurisdiction
D. None of the above (1 mark)
66. Which one of the following BEST describes the prosecution discretion to charge but not to prosecute?
A. Deferred prosecution
B. Bargaining plea
C. Total discretion
D. Limited discretion (1 mark)
67. Which one of the following laws is both procedural and substantive law?
A. Public Procurement and Assets Disposal Act
B. Criminal procedure Code
C. Computer Misuse and Cybercrime Act
D. Bribery Act (1 mark)
68. Which one of the following statements is ACCURATE in regard to criminal appellate court in adversarial jurisdictions?
A. In most jurisdictions, an appellate court cannot reverse a conviction of the high court
B. In most jurisdictions, the court of appeal can reverse a conviction of the high court
C. In most jurisdictions, the court of appeal can reverse a conviction and make a fresh determination
D. None of the above (1 mark)
69. Which one of the following is not a written law?
A. Substantive law
B. Statutory law
C. Common law
D. Case law (1 mark)
70. Which one of the following BEST describes bargaining agreements in civil law jurisdictions?
A. Written admissions
B. Guilty plea
C. Oral direct confessions
D. None of the above (1 mark)
71. Which one of the following statements is NOT accurate in regard to the determination of evidence in adversarial law jurisdictions?
A. Adversarial jurisdictions use juries to determine facts only in serious criminal prosecutions
B. Most of the civil and criminal trials are tried juries in adversarial jurisdictions
C. Adversarial jurisdiction use judges as fact-finders in all serious civil trials
D. None of the above (1 mark)
72. Which one of the following BEST describes a situation when legal principles are applied?
A. In civil cases
B. When there is more than one suitable legal statute
C. When there is no suitable legal statute
D. In all serious criminal cases (1 mark)
73. Which one of the following statements is ACCURATE in regard to criminal prosecution in civil law jurisdictions?
A. The party that drives the discovery of evidence is a party to the court proceedings
B. The party that took the case to court has the burden of proof
C. The prosecution has the burden of proof
D. None of the above (1 mark)
74. Which one of the following is a party to a litigation appeal against damages liability?
A. Plaintiff
B. Defendant
C. Criminal defendant
D. Prosecution (1 mark)
75. Which one of the following statements is ACCURATE in regard to fraud civil litigation in civil law jurisdictions?
A. The presiding judge drives the fact finding in civil litigation
B. The presiding judge drives the discovery of evidence and is also a party to the civil litigation
C. The presiding judge is not a fact finder in a civil litigation
D. The jury acts as the fact finder in civil litigations (1 mark)
76. Which one of the following statements is ACCURATE in regard to civil fraud trials in Kenya jurisdiction?
A. Kenya jurisdiction does not feature civil fraud trials
B. Kenya jurisdiction does not feature civil fraud appeals
C. The burden of proof for civil fraud trials in Kenya jurisdiction rests with the party that filled the pleadings
D. None of the above (1 mark)
77. Which one of the following statements is ACCURATE in regard to pararell civil and criminal proceedings in fraud or corruption case in Kenya?
A. A criminal defendant is also a civil defendant on the same alleged offence
B. A criminal defendant is also a civil defendant in different facts in issue
C. A civil defendant is also a plaintiff on the same alleged facts in issue
D. A plaintiff is also a defendant on the same alleged facts in issue (1 mark)
78. Which one of the following statements is ACCURATE in regard to criminal prosecution in a fraud trial in Kenya jurisdiction?
A. The standard of proof is lower than that of other criminal offences
B. The burden of proof rests with both the prosecution and the criminal defendant
C. Proving fraud cases is harder than that of other typical crimes
D. The standard of proof is the same as those in the inquisitorial jurisdictions (1 mark)
79. Which one of the following parties presents closing arguments during a fraud criminal court proceeding in common law jurisdictions?
A. Judge
B. Prosecution
C. Criminal defendant
D. Both the prosecution and the defendant (1 mark)
80. Which one of the following justice processes helps in disposing of civil fraud and corruption cases?
A. Bargaining agreements
B. Prosecution discretion
C. Appeals
D. None of the above (1 mark)
81. Which one of the following laws is applied on corruption trials in adversarial jurisdiction where the judge does not find a legal statute?
A. Case law
B. Written law
C. Substantive law
D. None of the above (1 mark)
82. Which one of the following Kenya laws sets the rules and procedures to determine a civil corruption offence?
A. Criminal Procedure Code
B. Civil Procedure Act
C. Anti-corruption and Economic Crimes Act
D. Bribery Act (1 mark)
83. Which one of the following statements is NOT accurate in regard to fair hearing in adversarial jurisdiction?
A. An accused person has right to be charged without undue delay
B. An accused person has right against self- incriminating
C. An accused person has right to be represented legal counsel
D. An accused person has right not to be cross examined (1 mark)
84. Which one of the following statements is ACCURATE in regard to witnesses in Kenya jurisdiction in a fraud civil trial?
A. The witnesses are appointed the judge
B. The questioning is conducted the trial judge
C. The questioning is conducted the presiding judge
D. The witnesses are appointed parties to the court proceedings (1 mark)
85. Which one of the following BEST describes the point at which an individual who is accused of a crime becomes a criminal defendant in Kenya jurisdiction?
A. During the trial phase
B. During pre-trial phase
C. During the investigations of the alleged offence
D. During the examination phase (1 mark)
86. Which one of the following statements is ACCURATE in regard to civil fraud trials in adversarial jurisdictions?
A. Civil fraud trials are harder to prove as opposed to criminal trials
B. Civil fraud trials are not effective in resolving fraud allegations
C. Civil fraud trials cannot be tried concurrently with a criminal trial
D. None of the above (1 mark)
87. Which one of the following BEST describes the party to a civil proceeding who appeals against liability?
A. Plaintiff
B. Defendant
C. Criminal defendant
D. Both the plaintiff and the defendant (1 mark)
88. Which one of the following statements is ACCURATE in regard to common law?
A. Common law is a set of legal statutes
B. Common law is not a set of legal statutes
C. Common law is not a written law
D. Common law is a statutory law (1 mark)
89. Which one of the following courts has jurisdiction to hear cases related to fraudulent claims from government revenue or property in criminal trials?
A. Anti-Corruption Court
B. The high court
C. Commercial court
D. None of the above (1 mark)
90. Which one of the following statements is NOT accurate in regard to court decision laws?
A. The common law and case law are both made of court decisions
B. Case laws previous decisions cannot be applied in current case
C. Common law can also be referred to as legal principles
D. Case law can also be referred to as legal principles (1 mark)
91. Which one of the following Kenya laws can be applied to determine misappropriation of funds in a government entity?
A. Bribery Act,2016
B. Anti-Corruption and Economics Act
C. Criminal procedure Code
D. None of the above (1 mark)
92. Which one of the following Kenya laws provide guidance on how an economic criminal trial would be determined?
A. POCAMLA
B. Bribery Act,2016
C. Anti-Corruption and Economics Act
D. Criminal procedure Code (1 mark)
93. Which one of the following Kenya laws could effectively combat bribery?
A. Penal Code
B. Bribery Act,2016
C. Anti-Corruption and Economics Act
D. Criminal procedure Code (1 mark)
94. Which one of the following statements is ACCURATE in regard to fraud criminal proceedings in civil law jurisdictions?
A. The presiding judge drives the fact finding in serious fraud criminal proceedings
B. The presiding judge drives the discovery of evidence as a party to the litigation
C. The presiding judge is a party to the criminal proceedings
D. A jury panel is fact finder in serious fraud criminal proceedings (1 mark)
95. Which one of the following statements BEST describes the balance of probability standard of proof?
A. Balance of probability standard of proof is higher than inner conviction of the judge
B. Balance of probability standard of proof is based on the weight of evidence
C. Balance of probability standard of proof is evidence that show that it is more likely than not the offence occurred
D. Balance of probability standard of proof is evidence that show that is less likely that the offence occurred
(1 mark)
96. Which one of the following statements BEST describes bargaining agreement?
A. The defendant plead guilty
B. The defendant submits a written confession
C. The defendant produce evidence beyond reasonable doubts
D. The defendant produces evidence of balance of probability (1 mark)
97. Which one of the following parties to a court proceeding could appeal against conviction?
A. Plaintiff
B. Defendant
C. Criminal defendant
D. Suspect (1 mark)
98. Which one of the following parties to a court proceeding could appeal against sentencing?
A. Suspect
B. Defendant
C. Criminal defendant
D. Prosecution (1 mark)
99. Which one of the following is a body of legal principles?
A. Substantive law
B. Statutory law
C. Case law
D. None of the above (1 mark)
100. Which one of the following is a body of legal statutes?
A. Substantive law
B. Statutory law
C. Common law
D. Case law (1 mark)