CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM
TUESDAY: 23 April 2024. Morning 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. Which one of the following statements is MOST accurate, under the United Nations’ International Covenant on Civil and Political Rights (ICCPR) for those accused of crimes?
A. An accused person is presumed liable when there is sufficient evidence to prove the accused individual committed the alleged crime
B. A person accused of a crime is a defendant and not a suspect
C. A person accused of a crime is a suspect
D. An accused person is presumed innocent until proven guilty a court of law. However, the accused person is held responsible for the alleged offence (1 mark)
2. Which one of the following BEST describes the trial phase when the sworn testimony is conducted in adversarial jurisdiction?
A. Trail phase
B. Oral/written examination
C. The Pre-trial
D. Cross examination (1 mark)
3. In adversarial jurisdictions like Kenya, courts discover evidence during trial. Which one of the following statements is MOST accurate in regard to the discovery of evidence?
A. In adversarial jurisdictions, the court discover evidence during trial as the parties to the litigation present evidence
B. In adversarial jurisdictions, the judges discover evidence questioning the parties to the litigation
C. In adversarial jurisdictions, the court discover evidence through questioning conducted the prosecution
D. In adversarial jurisdictions, the court discover evidence through questioning conducted the defense
(1 mark)
4. Which one of the following statements is ACCURATE in regard to burden of proof in a criminal case in civil law jurisdictions?
A. In civil law jurisdictions, the presiding judge has the burden to proof because he drives the discovery of evidence
B. In civil law jurisdiction, the prosecution has the burden of proof
C. In civil law jurisdictions, the parties to the litigation have the burden of proof
D. In civil law jurisdiction, the defense has the burden of proof (1 mark)
5. Which one of the following statements is MOST accurate in regard to jurisdiction in adversarial jurisdictions?
A. Jurisdiction to hear a case is determined where the claim arose and the defendant resides
B. Jurisdiction to hear a case is determined where the defendant resides
C. Jurisdiction is determined where the prosecution and defendant reside
D. Jurisdiction is determined where the prosecution resides (1 mark)
6. Which one of the following statements is MOST accurate in regard to the main sources of law in fraud and corruption cases in adversarial jurisdictions?
A. The main source of law in adversarial jurisdictions is the statutory substantive law
B. The main sources of law in adversarial jurisdictions are the procedural and substantive laws
C. The main source of law in adversarial jurisdictions is the common law
D. The main source of law in adversarial jurisdictions is the statutory codes (1 mark)
7. Which one of the following statements is ACCURATE in regard to sources of law in inquisitorial jurisdictions in criminal prosecution?
A. In inquisitorial jurisdictions, judges can apply court legal principle in criminal cases
B. In inquisitorial jurisdictions, judges are bound the court legal principles
C. Judges in inquisitorial jurisdictions cannot use court legal principles to interpret codified statutes
D. Judges in civil law legal systems can use court precedent to interpret codified statutes (1 mark)
8. Which one of the following statements is ACCURATE in regard to alternative dispute resolution in relation to fraud and corruption cases?
A. An arbitrator can act as a judge in a fraud case
B. Mediation cannot be used as an alternative dispute resolution in a fraud case because fraud cases can only be resolved either as civil action or criminal prosecution
C. An arbitrators’ decision cannot be binding in a fraud case
D. Arbitration and mediation are not effective methods of resolving fraud disputes (1 mark)
9. Which one of the following statements is NOT accurate in regard to civil countersuits?
A. Civil countersuits are based on the same facts in issue
B. Civil countersuits are based on separate facts in issue
C. A plaintiff in another civil trial can be a defendant in another civil trial
D. None of the statements is not accurate (1 mark)
10. In inquisitorial jurisdiction, which one of the following statements is NOT accurate in regard to the use of juries as fact finders?
A. Inquisitorial jurisdictions use juries in serious criminal prosecutions
B. Inquisitorial jurisdictions allow jury trial in serious civil litigations
C. Inquisitorial jurisdictions do not allow jury challenge
D. Inquisitorial jurisdictions do not use juries in all criminal cases (1 mark)
11. Which one of the following describes the approach that adversarial jurisdictions use to discover evidence during pre-trial?
A. Fact finding investigations
B. Fraud examination
C. Oral/written examination
D. Direct examination (1 mark)
12. Which one of the following Kenyan laws sets the rules and procedures for fraud criminal prosecution?
A. Substantive law
B. Civil procedure Act
C. Criminal procedure code
D. Penal Code (1 mark)
13. Which one of the following Kenyan laws sets the rules and procedures to be followed when determining an economic crime?
A. Substantive law
B. Criminal Procedure Code
C. Civil Procedure Act
D. Anti-corruption and Economic crimes Act (1 mark)
14. Which one of the following laws is NOT a substantive law?
A. Common law
B. Evidence Act
C. Anti-Corruption and Economics Crimes Act
D. Bribery Act (1 mark)
15. Which one of the following is NOT a type of a procedural law?
A. Common law
B. Criminal Procedure Code
C. Evidence Act
D. Civil Procedure Act (1 mark)
16. Which one of the following is a type of substantive rules?
A. POCAMLA Act
B. Penal Code
C. Bribery Act, 2016
D. Bribery Act regulations (1 mark)
17. Which one of the following statements is ACCURATE in regard to international laws?
A. International law is a body of rules, convention and treaties observed nations
B. International laws are substantive laws
C. International laws are public laws
D. All the statements are accurate (1 mark)
18. Which one of the following statements is NOT accurate about the discovery of evidence process in criminal proceedings in common law jurisdiction?
A. The discovery of evidence occurs in the pre-trial phase of the court proceeding
B. Discovery in criminal prosecution is restricted to exhibits, that will be presented in court
C. Discovery in criminal prosecution is more restricted than in civil litigation
D. Discovery in criminal prosecution and civil litigation is equally restricted (1 mark)
19. In common law jurisdictions, which one of the following statements is ACCURATE in regard to standard of proof in civil fraud trials?
A. The standard of proof in fraud civil trials in adversarial jurisdictions is higher than civil trials in inquisitorial jurisdictions
B. The standard of proof in fraud civil trials in adversarial jurisdictions depends on the weight of evidence
C. The standard of proof in fraud civil trials in adversarial jurisdictions is lower than the standard of proof in inquisitorial jurisdictions
D. The standard of proof in fraud civil trials in adversarial jurisdictions is depends on the inner conviction of the judge (1 mark)
20. Which one of the following BEST describes an appeal application a defendant in civil litigation?
A. An Injunction
B. An appeal for damages remedy
C. An appeal for equitable remedy
D. An appeal against liability (1 mark)
21. Which one of the following statements BEST describes the process of presenting evidence in a civil proceedings in the common law legal system?
A. The sued party presents the evidence first
B. The party that files a pleading application present their evidence first
C. The prosecution presents the evidence first
D. The criminal defendant presents the evidence first (1 mark)
22. Which one of the following statements BEST describes the civil trial process in inquisitorial jurisdictions?
A. The court presents the evidence first
B. The plaintiff presents the evidence first
C. The defendant presents the evidence first
D. The prosecution presents the evidence first (1 mark)
23. Which one of the following statements is ACCURATE in regard to presentation of evidence in criminal prosecution, in common law legal system?
A. The criminal defendant presents their evidence before the prosecution
B. The defendant presents their evidence before the prosecution
C. The prosecution presents their evidence after the defense
D. The party that took the case to court present their evidence first (1 mark)
24. Which one of the following statements is ACCURATE in regard to sources of law in the common law jurisdictions for fraud and corruption cases?
A. The primary source of law in the common law jurisdictions in fraud and corruption is the common law
B. The primary source of law in the common law jurisdictions in fraud and corruption is the procedural law
C. The primary source of law in the common law jurisdictions in fraud and corruption is the statutes
D. The primary source of law in the common law jurisdictions in fraud and corruption is the evidence Act
(1 mark)
25. Which one of the following statements is ACCURATE in regard to action for fraud cases?
A. Fraud is a criminal offence but can be tried concurrently through mediation and arbitration
B. Fraud is a criminal offence but can be tried concurrently through a binding arbitration and civil litigation
C. Fraud is a criminal offence but can be tried concurrently as a civil action and criminal prosecution based on the same facts in issue
D. Fraud is a criminal offence and therefore cannot be tried as a civil action and criminal prosecution based on the same facts in issue (1 mark)
26. Which one of the following bodies of law is NOT related to fraud and corruption?
A. Statutory law
B. Substantive law
C. Common law
D. Administrative law (1 mark)
27. Which one of the following is a type of procedural law?
A. Bribery act
B. Penal code
C. Capital markets Act
D. Evidence Act (1 mark)
28. Which one of the following statements is ACCURATE in regard to the choice of law in international fraud cases?
A. The courts will not consider the nationality of the parties to the litigation
B. The courts will consider a mixture of the substantive laws
C. The courts will not consider the current physical address of the parties in litigation
D. None of the above (1 mark)
29. Which one of the following statements is ACCURATE in regard to discovery of evidence in adversarial jurisdictions in a criminal prosecution?
A. Only the defense is entitled to discover evidence from the prosecution
B. Only the prosecution is entitled to discover evidence from the defense
C. The parties to the litigation are entitled to discover all exhibits from each other
D. The parties to the litigation are entitled to discover all information from each other (1 mark)
30. Which one of the following BEST describes the substantive law that provides remedies for civil action?
A. Substantive law
B. Constitutional law
C. Civil Procedure Act
D. Codified principles (1 mark)
31. Which one of the following statements is ACCURATE in regard to the evidence Act?
A. The evidence act is substantive law because it is created legislature
B. The evidence act is procedural law and a type of substantive law, because it is created legislature
C. The evidence act is procedural law and also a type of statutory law
D. The evidence act is substantive law that sets the rules and procedures for determining evidence (1 mark)
32. In inquisitorial jurisdictions, who drives the discovery of evidence in civil litigation?
A. The trial judge
B. The presiding judge
C. The plaintiff
D. The defendant (1 mark)
33. Which one of the following is the BEST legal defense, when a law enforcement officer charges a suspect for the wrong offence?
A. Mistake
B. Entrapment
C. Lack of jurisdiction
D. Legal impossibility (1 mark)
34. Under the United Nations International Covenant on Civil and Political Rights for persons accused of a crime (ICCPR), which one of the following is NOT one of the rights?
A. Assumption of innocence
B. Right to appeal
C. Right to be informed of the charges without undue delay
D. Right examine but not to be examined (1 mark)
35. Which one of the following statements is ACCURATE in regard to discovery of evidence in civil litigation in Kenya jurisdictions?
A. The discovery occurs during pre-trial phase of the court proceedings
B. The discovery occurs in during cross examination phase of the court proceedings
C. The discovery occurs during direct examination phase of the court proceedings
D. The discovery occurs during pre-trial phase, before the court proceedings commence (1 mark)
36. Which one of the following is ACCURATE in regard to the discovery of evidence in criminal prosecutions in civil legal jurisdictions?
A. The discovery of evidence is conducted during the investigations phase before the court proceedings commences
B. The discovery of evidence is conducted during the examination phase before the court proceedings commences
C. The discovery of evidence is conducted during the investigation and examination phases of the court proceedings
D. The discovery of evidence is conducted the presiding judge before the court proceedings commences
(1 mark)
37. In adversarial jurisdictions, which one of the following statements is ACCURATE in regard to when the duty to preserve documents that are relevant to the facts in issue begins?
A. The duty to preserve documents start during trial
B. The duty to preserve documents start during pre-trial proceedings
C. The duty to preserve documents start during the investigation phase
D. The duty to preserve the documents start when the complainant threatens to take legal action (1 mark)
38. In the inquisitorial jurisdiction, which one of the following parties has the responsibility of preserving evidence?
A. The trial judge has the responsibility to advise when and which documents should be preserved
B. The parties to the litigation have the responsibility to preserve evidence
C. The presiding judge has the responsibility for deciding when to preserve documents relevant to the facts in issue
D. The trial judge has the responsibility for deciding when to preserve documents relevant to the facts in issue (1 mark)
39. Which one of the following statements is ACCURATE in regard to arbitration and fraud cases?
A. Fraud cases can also be resolved through arbitration but the arbitrator’s decision is not binding
B. Fraud cases cannot be resolved through arbitration because fraud is a criminal offence
C. Fraud cases can also be resolved through arbitration and the arbitrator’s decision can be binding
D. Fraud cases cannot be resolved as a dispute through arbitration, because fraud is a criminal offence
(1 mark)
40. Which one of the following is ACCURATE in regard to Court of Appeal in the common law jurisdictions?
A. The appellate court can overturn a lower court decision and refer the case to the bench
B. The appellate court can overturn a lower factual determination and start another trial
C. The appellate court can overturn a lower court decision, make new determination and review the law
D. The appellate court cannot remand for a fresh factual determination (1 mark)
41. In a civil litigation in the common law jurisdictions, which one of the following BEST describes a court order to restrain the defendant from selling or transferring assets during court proceedings?
A. Injunction
B. Pre-judgement
C. Equitable remedy
D. Retrain court order (1 mark)
42. Which one of the following BEST describes the parties involved in the first and second phase of a civil litigation process in inquisitorial jurisdictions?
A. Presiding judge, plaintiff and defendant
B. Presiding judge and trial judge
C. Presiding judge and plaintiff
D. Presiding judge, trial judge and the parties to the litigation (1 mark)
43. Which one of the following statements in regard to a civil appeal in Kenya jurisdiction, is NOT accurate?
A. The civil appellate court can reverse the determination of the lower court and rule in favor of the appellant
B. The civil appellate court can remand the determination of the trial court and rule in favor of the appellant
C. The civil appellate court can only address issues of the law
D. The civil appellate court can uphold the decision of the high court (1 mark)
44. Which one of the following statements is MOST accurate in regard to burden of proof in criminal trials in civil law jurisdictions?
A. The general rule in regard to burden of proof is that, the party that takes a case to court has the burden of proof
B. The defendant has strict burden of proof
C. The prosecution has strict burden of proof
D. Both the prosecution and the criminal defendant have strict burden of proof (1 mark)
45. Which one of the following statements is NOT accurate in regard to the counsel’s role in fraud criminal proceeding in Kenya jurisdiction?
A. The counsels serve each other with evidence that will be presented in court
B. The defense counsel cross examines the prosecution witnesses during trial
C. The defense counsel questions the prosecution counsel during trial
D. The prosecution counsel conduct examination in-chief and re-examination of the prosecution witness
(1 mark)
46. Which one of the following statements is NOT accurate in regard to a court of appeal in common law jurisdictions?
A. In adversarial jurisdictions, the appellate court cannot reverse factual finding of a lower court even when there is mistake, because the court of appeal only address issues of the law
B. In adversarial jurisdictions, the court of appeal can only review issues of law
C. In adversarial jurisdictions, the appellate court can overturn the findings of lower court
D. In adversarial jurisdictions, the appellate court cannot request for more evidence or all more witnesses
(1 mark)
47. Which one of the following statements is NOT accurate in regard to appellate court in inquisitorial jurisdictions?
A. The appellate court cannot reverse the evidence determination of the high court
B. The appellate court can modify the evidence determination of the high court
C. The appellate court can remand for additional evidence
D. The appellate court can affirm the factual decisions of the high court (1 mark)
48. Which one of the following statements is ACCURATE in regard to evidence in the adversarial jurisdictions?
A. Generally, adversarial jurisdictions favor documentary evidence
B. In common legal systems the prosecutor should serve the defendant with inculpatory evidence only, to make it difficult for the defendant to prepare for defence
C. In adversarial jurisdictions the prosecutor should serve the defendant with both inculpatory and exculpatory evidence
D. In common legal systems the prosecutor should serve the defendant with exculpatory evidence only
(1 mark)
49. Which one of the following is NOT a type of a legal remedy in a fraud civil case?
A. Penalties
B. Equitable remedy
C. Injunction
D. Declaratory remedy (1 mark)
50. Which one of the following statements is NOT accurate in regard to recovery of losses caused dishonest employees?
A. An organisation should refer the matter to the police to recover losses caused employees through fraud and corruption
B. The organisation should file a civil litigation to seek for damages remedy
C. The organisation can use arbitration to recover employee’s fraud losses
D. The organisation can recover the losses from fidelity insurance cover (1 mark)
51. Which one of the following statements is NOT accurate in regard to litigation process, in civil trials, in adversarial jurisdictions?
A. The duty to preserve evidence relevant to the litigation rests with the defendant
B. Parties to the litigation can make a request for the other party to serve them with documents which are relevant to the facts in issue
C. Parties to the litigation can be question each other through a written examination during pre-trial
D. Parties to the litigation can only question each other during trial and not during pre-trial (1 mark)
52. Which one of the following statements is ACCURATE in regard to criminal proceedings in inquisitorial jurisdictions?
A. The Juries panel is composed of professional judges only
B. The litigants are allowed challenge jury for a just reason
C. Civil law jurisdiction feature jury trial
D. Civil law jurisdiction does not feature jury trial (1 mark)
53. In criminal proceedings in adversarial jurisdictions, which one of the following statements is NOT accurate in regard to disclosure of evidence during pre-trial judicial process?
A. The prosecution does not have more rights than the criminal defendant in discovery of evidence
B. Both the prosecution and the criminal defendant have equal rights of discovery of evidence
C. Both the prosecution and the defendant have no right to attorney work product
D. Both the prosecution and the defendant have equal rights of discovery of evidence (1 mark)
54. Intent is an element of crime. Which one of the following is a proper defense against intent?
A. The act was in defense
B. The act was unintentional
C. Legal impossibility
D. Alibi (1 mark)
55. In corporate criminal liability, the corporate has absolute liability for the misconduct of another party committed in the course of their duties on behalf of the corporate. Which one of the following BEST describes this liability?
A. Corporate liability
B. Vicarious liability
C. Criminal liability
D. Deferred liability (1 mark)
56. Which one of the following BEST describes an exemption of a search warrant for a law enforcement officer to conduct a seizure or arrest?
A. When a police officer suspect that a person is possession of incriminating evidence related to the facts in issue in their home
B. When a person commits an offence in the presence of a police officer
C. When the police officer believes the evidence is the suspects office
D. Arresting a suspect in a social gathering (1 mark)
57. Which one of the following statements is NOT ACCURATE in regard to the company’s vicarious criminal liability?
A. An organisation can be vicariously liable for offences committed employees in the course of their employment
B. An organisation cannot be vicariously liable for offences committed organisation’s consultant if he/she was not directed management or the board
C. If an organisation was not aware of the employee’s misconduct the company will still be vicariously liable
D. An organisation can be vicariously liable for offences committed independent contractors (1 mark)
58. Which one of the following is a charging document in common law jurisdiction for serious criminal cases?
A. A petition
B. An application
C. Indictment
D. Information (1 mark)
59. Which one of the following statements is ACCURATE in regard to jury’s verdict in criminal and civil trial in the common law jurisdiction?
A. The jury’s verdict must be unanimous in serious criminal cases only
B. The jury’s verdict must be unanimous in criminal cases
C. The jury’s verdict must be unanimous in serious civil cases
D. The jury’s verdict does not need be unanimous in none serious civil and criminal cases (1 mark)
60. Which one of the following is NOT accurate under The United Nations International Covenant on Civil and Political Rights (ICCPR) in regard to fair hearing of those accused of crime?
A. Right to be presented a legal counsel
B. Right to appeal a conviction
C. Right to privacy
D. Right to examine the prosecution witness (1 mark)
61. Which one of the following BEST describes pretrial motion in adversarial jurisdictions?
A. Motion of Pre-judgment
B. Motion of inadmissibility of evidence
C. Motion of admissibility of evidence
D. Motion of jurisdiction to hear and determine the case (1 mark)
62. Which one of the following BEST describes the pretrial examination in civil litigation in common law jurisdiction?
A. Pre-trial examination
B. Examination in chief
C. Oral/Written examination
D. Direct examination (1 mark)
63. Forensic auditors should have basic knowledge of law EXCEPT which one of the following?
A. Procedural laws related to civil and criminal trials
B. The substantive laws related to fraud and corruption
C. Case law
D. The Basic principles of evidence (1 mark)
64. Which one of the following statements is ACCURATE in regard to domestic judgments against a foreign defendant?
A. The domestic judgement can also enforce seizure of the defendant’s assets located in foreign jurisdiction through international cooperation treaties
B. The domestic judgement can enforce seizure of the defendant’s assets located in the foreign jurisdiction
C. The domestic judgement can enforce seizure of the defendant’s assets located in the foreign jurisdiction through international law
D. The judgement can enforce seizure of the defendant’s assets located in the foreign jurisdiction through a mixture of domestic laws and the defendant’s jurisdiction laws (1 mark)
65. Which one of the following jurisdictions courts have evidentiary record before trial commences?
A. Adversarial jurisdictions
B. Inquisitorial jurisdictions
C. Common law jurisdiction
D. Unitary jurisdictions (1 mark)
66. In civil proceeding in adversarial jurisdiction, which one of the following is NOT accurate in regard to litigation privileges?
A. Litigation privileges protects attorney and client communication for legal advice
B. Litigation privileges can be extended to a third party
C. Litigation privileges protects all documents relevant to the facts in issue
D. Litigation privileges protects all documents prepared in anticipation for litigation (1 mark)
67. Which one of the following statements is NOT accurate in regard to appointment of witnesses in adversarial jurisdictions like Kenya?
A. In most adversarial jurisdictions, the court can appoint an expert witness
B. In most adversarial jurisdictions, the court appointed expert witness cannot provide evidence in court
C. In most adversarial jurisdictions, the witnesses are appointed the parties to the litigation
D. An expert witness appointed the court, in adversarial jurisdictions, provides evidence in court (1 mark)
68. Which one of the following statements is NOT accurate in regard to expert witnesses in the civil legal systems?
A. In most civil law systems, the accused’s counsel cannot cross examine the court’s primary expert witness
B. In most civil law systems, the accused cannot question the court appointed expert witness
C. In most civil law systems, the parties to the litigation can appoint their own experts to question the court’s primary expert witness
D. In most civil law systems, the defence cannot appoint their own experts to cross examine the prosecution witness (1 mark)
69. Which one of the following statements is NOT accurate in regard to deferred prosecution agreement?
A. Deferred prosecution agreement is similar to bargaining plea
B. Deferred prosecution agreement is a judicial justice channel for disposing corporate crimes
C. Deferred prosecution agreement involves charging a corporate for criminal liability but not prosecute if the corporate comply with the corrective requirements
D. Judicial civil justice system can also apply deferred prosecution agreement channel for disposing civil suits
(1 mark)
70. Which one of the following statements is NOT accurate in regard administrative laws and court proceedings?
A. Administrative proceedings are governed procedural law
B. Administrative Proceedings are strictly governed the rules of evidence
C. Administrative Proceedings are not strictly governed the rules of evidence
D. Administrative proceedings apply substantive law (1 mark)
71. Which one of the following statements is NOT accurate in regard to sources of law for fraud and corruption trials?
A. The main source of law in Kenya jurisdiction in fraud criminal trials is the written law
B. Kenya jurisdiction apply both common law and written law in fraud cases
C. Kenya jurisdiction heavily apply substantive law in criminal cases
D. Kenya jurisdiction heavily apply procedural law in criminal cases (1 mark)
72. Which one of the following statements is ACCURATE with regard to standard of proof in civil and common law jurisdictions?
A. The standard of proof in criminal trials in inquisitorial jurisdictions is the same as the standard of proof in civil trials
B. The standard of proof for civil trials in the inquisitorial jurisdiction is higher than the standard of proof for civil trials in Kenya jurisdiction
C. The standard of proof for a criminal trial in the civil law jurisdiction is higher than the standard of proof in criminal trial in the Kenya Jurisdiction
D. The standard of proof in a criminal trial in the civil law jurisdiction is the same as standard of proof in criminal trial in the Kenya Jurisdiction (1 mark)
73. Failure to preserve evidence in the adversarial jurisdictions is an offence. Which one of the following statements is the MOST accurate?
A. Unintentionally deleting documents relevant to a civil litigation is not an offence
B. Failure to stop destruction of both electronic data and physical documents relevant to a civil litigation will raise sanction for failure to preserve evidence
C. Unintentionally deleting documents relevant to a civil litigation will not raise sanction for failure to preserve evidence
D. Unintentionally deleting documents relevant to a civil litigation would be an additional offence to the underlying offence (1 mark)
74. If an agent engages in conflict of interest, which type of law will he/she violate?
A. Procedural law
B. Substantive law
C. Common law
D. Constitution law (1 mark)
75. Fred Matungu is a fraud suspect in an ongoing civil investigation in civil law jurisdiction. He accidently overwrites computer documents that are relevant to the facts in issue. Which one of the following statements is ACCURATE in regard to preservation of evidence?
A. Fred Matungu would be charged with obstruction of justice
B. Fred Matungu would not be charged with obstruction of justice because the overwriting of the documents was not intentional
C. Fred Matungu would only be charged with obstruction of justice if the overwriting of documents was intentional
D. Obstruction of justice just like any other offence require prove of intent (1 mark)
76. Which one of the following is one of the trial phases of a civil proceedings in adversarial jurisdictions?
A. Examination phase
B. Investigation phase
C. Pre-trial phase
D. Sentencing phase (1 mark)
77. Which one of the following statements is ACCURATE in regard to discovery of evidence in criminal proceedings in adversarial jurisdictions?
A. The parties to the proceedings have right to discover all the evidence to be used in court against
B. The defense does not have right to discover all exhibits to be used in court against them
C. The defense has right to the investigation report if it going to be produced in court
D. The defense has right to the expert’s report prepared for the attorney (1 mark)
78. In which of the following jurisdictions can parties to a criminal proceeding NOT have access to the full evidentiary record before trial?
A. Civil law jurisdiction
B. Adversarial jurisdiction
C. Inquisitorial jurisdiction
D. None of the stated jurisdictions (1 mark)
79. Which one of the following statements is ACCURATE in regard to the Directorate of Public Prosecution discretion?
A. The general principle behind the DPP prosecution discretion is, based on if there is sufficient evidence to prosecute the case
B. DPP prosecutorial discretion is generally based on whether there is reasonable evidence to prosecute the case
C. Prosecutorial discretion is generally based on whether there is enough evidence to prosecute the case
D. Prosecutorial discretion is generally based on whether the evidence is beyond reasonable doubt (1 mark)
80. Which one of the following statements is NOT accurate in regard to judges and juries in the common law jurisdiction?
A. Adversarial judicial process uses juries as fact-finders in criminal cases
B. Adversarial judicial process uses juries as fact-finders in civil suits
C. Adversarial judicial process uses only judges to determine evidence in serious criminal cases
D. None of the statements is not accurate (1 mark)
81. Which one of the following statements is ACCURATE under, The United Nations’ International Convention on Civil and Political Rights (ICCPR) in regard to fair hearing?
A. The accused person has right to challenge trial jury
B. The accused person has right to cross examine the prosecution witness
C. The accused person has right to cross examine the prosecution counsel
D. The accused person has right to be tried without undue delay (1 mark)
82. Which one of the following statements is ACCURATE in regard to preservation of evidence in civil trials in adversarial jurisdictions?
A. The parties to the litigation have duty to preserve evidence that is relevant to the facts in issue
B. The duty to preserve evidence that is relevant to the facts in issue rests with the plaintiff
C. The duty to preserve evidence that is relevant to the facts in issue rests with the defendant
D. The duty to preserve evidence that is relevant to the facts in issue rests with the accused person (1 mark)
83. Which one of the following is a type of an administrative law created parliament and adjudicated a government agency?
A. Public Procurement and Asses Disposal Act
B. Anti-Corruption and Economics Crimes Act
C. Computer Misuse and Cybercrime Act
D. Bribery Act (1 mark)
84. Which one of the following statements is NOT accurate in regard to an appeal process in common law jurisdictions in criminal trials?
A. In most jurisdictions, an appellate court will reverse a conviction only if it finds an error that likely affected the trial’s outcome and denied the defendant a fair trial
B. Appellate courts cannot reverse the decision of the high court
C. Appellate courts can reverse the decision of the high court
D. Appellate courts can reverse the decision of the high court and refer the case to the lower court (1 mark)
85. Which one of the following is NOT a type of a legislative law?
A. Administrative law
B. Private law
C. Public law
D. Case law (1 mark)
86. Which one of the following statements is NOT accurate in regard to standard of proof?
A. The standard of proof in a civil suit in inquisitorial jurisdiction is higher than that of the adversarial jurisdictions
B. The standard of proof in a civil suit in adversarial jurisdiction is lower than that of the inquisitorial jurisdictions
C. The standard of proof in a criminal proceeding in inquisitorial jurisdiction is higher that of a civil suit
D. The standard of proof in a criminal proceeding in adversarial jurisdictions is higher than that of a civil suit (1 mark)
87. Which one of the following statements is ACCURATE in regard to prosecution bargaining agreements?
A. Bargaining agreements in civil law jurisdictions is entered as a written confession
B. Bargaining agreement in civil law jurisdictions is entered as a guilty plea
C. Bargaining agreements in common law jurisdictions is not commonly used
D. Bargaining agreements in civil law jurisdictions are commonly used (1 mark)
88. Which one of the following statements is MOST accurate in regard to fact finders in the adversarial jurisdictions?
A. Adversarial judicial process uses juries as fact-finders in serious criminal cases only
B. Adversarial judicial process uses judges as fact-finders in all serious criminal cases
C. Adversarial judicial process uses juries as fact-finders in both civil and criminal litigations
D. Adversarial judicial process uses judges as fact-finders in all serious criminal cases (1 mark)
89. A Judge in the common law jurisdiction encountered a fraud case where there was no specific substantive law that he could apply to the facts in issue. Which one of the following types of law would he apply to determine the case?
A. Procedural law
B. Substantive law
C. Common law
D. Case law (1 mark)
90. Which one of the following statements is ACCURATE in regard to burden of proof in a civil litigation in civil law jurisdictions?
A. In civil law jurisdictions the presiding judge has the burden to proof because he drives the discovery of evidence
B. In civil law jurisdiction the plaintiff has the burden of proof, because he/she is the pleading party
C. In civil law jurisdictions both parties to the civil litigation have the burden of proof
D. In civil law jurisdiction the defendant has the burden of proof (1 mark)
91. Which one of the following statements is ACCURATE in regard to burden of proof in a criminal prosecution in inquisitorial jurisdictions?
A. In inquisitorial jurisdictions the presiding judge has the burden of proof because he drives the discovery of evidence
B. In inquisitorial jurisdiction the prosecution has the burden of proof, because it is the alleging party
C. In inquisitorial jurisdictions the parties to the criminal proceedings have the burden of proof
D. In inquisitorial jurisdictions the defense does not have a burden of proof (1 mark)
92. Which one of the following BEST describes an appeal application a fraud criminal defendant in criminal proceedings?
A. An appeal for equitable remedy
B. An appeal against liability
C. An appeal against conviction
D. An appeal against acquit (1 mark)
93. In inquisitorial jurisdictions, who drives the discovery of evidence in civil litigation?
A. The plaintiff and the defendant
B. The presiding judge
C. The plaintiff
D. The defendant (1 mark)
94. A fraud victim in the common law jurisdiction, can file a civil suit to recover damages caused a defendant. Which one of the following statements in regard to civil litigation is MOST accurate?
A. In a civil suit, both the plaintiff and defendant have the burden of proof
B. In a civil suit, the defendant has the burden of proof
C. In a civil suit, the burden of proof rests with the party that took the case to court
D. In a civil suit, the standard of proof is inner conviction of the judge (1 mark)
95. Which one of the following statements BEST describes parallel proceedings?
A. A criminal defendant who is also subject to a civil litigation regarding the same facts in issue
B. A civil defendant who is found not liable at trial but is sued again for the same facts in issue
C. A civil defendant who is being sued two or more plaintiffs for the same facts in issue
D. A criminal defendant who is found not guilty at trial but is sued for the same facts in civil litigation
(1 mark)
96. Which one of the following statements is NOT accurate in regard to why an organisation in an adversarial jurisdiction may consider civil action as opposed to criminal prosecution against a fraud suspect
A. An organisation may consider civil action to facilitate full damages remedy
B. An organisation may consider civil action because of the high standard proof in criminal cases
C. An organisation may consider civil action because of the lower standard of proof in civil action compared to criminal prosecution
D. An organisation may take civil action to facilitate damages remedy (1 mark)
97. Which one of the following statements is MOST accurate in regard to why an organisation in common law jurisdiction, may consider both civil action and criminal prosecution against a fraud suspect
A. An organisation may consider both civil action and criminal prosecution to enhance chances of recovery of damages
B. An organisation may consider both civil action and criminal prosecution to enhance penalties and punishment
C. An organisation may consider both civil action and criminal prosecution, to fast tract recovery of damages and to have the suspect prosecuted and punished respectively
D. An organisation may consider both civil action and criminal prosecution, to fast tract prosecution and conviction of a suspect, which can be used to as evidence in civil litigation (1 mark)
98. Which one of the following statements is ACCURATE in regard to closing arguments in a criminal case in an adversarial jurisdiction?
A. Closing arguments are additional points that add weight to the existing evidence
B. The defendant presents their closing arguments first, to convince the judge to acquit
C. The prosecution presents their closing arguments first and convince the judge to convict
D. Closing arguments are not additional evidence to strengthen each party’s side of the case (1 mark)
99. Which one of the following statements is NOT accurate in regard to bargaining agreements in criminal justice system?
A. Bargaining agreements helps to enhance efficiency in the criminal justice system
B. Bargaining agreements are featured in both civil and common law jurisdictions
C. Bargaining agreements are not featured in inquisitorial jurisdiction
D. Bargaining agreements are not commonly featured in the civil law jurisdiction (1 mark)
100. Which one of the following types of law would a judge usually apply on fraud or corruption trials in the common law jurisdiction?
A. Procedural law
B. Substantive law
C. Common law
D. Codified principles (1 mark)
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