Introduction to Law and Governance August 2022 Question and Answers

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CCP FOUNDATION LEVEL
INTRODUCTION TO LAW AND GOVERNANCE
TUESDAY: 2 August 2022. Morning paper. Time Allowed: 3 hours.

QUESTION ONE

(a) In relation to the classification of law, distinguish between:

(i) “Municipal law” and “international law”. (4 marks)

(ii) “Substantive law” and “procedural law”. (4 marks)

(b) Distinguish the remedies available in civil law and those available under criminal law. (4 marks)

(c) State eight sources of law identified the Judicature Act. (8 marks)

QUESTION TWO

(a) In relation to professional ethics for Corporation Secretaries, explain five instances which might be considered to be professional misconduct. (10 marks)

(b) In the context of solving disputes through alternative dispute resolution:

(i) Explain four advantages of traditional dispute resolution mechanisms. (4 marks)

(ii) Summarise six grounds for setting aside an arbitral award. (6 marks)

QUESTION THREE

(a) Discuss four cases where a court cannot grant the remedy of specific performance. (8 marks)

(b) Explain the seven rules applicable for distribution of assets upon dissolution of a partnership. (7 marks)

(c) Describe five conditions necessary for the doctrine of estoppel to apply. (5 marks)

QUESTION FOUR

(a) Highlight five instances where receiving of another’s goods will not amount to conversion. (5 marks)

(b) Outline five distinctions between a “promissory note” and a “bill of exchange”. (5 marks)

(c) Discuss five defenses of a trademark infringement. (5 marks)

(d) Explain the personal liability of an agent. (5 marks)

QUESTION FIVE

(a) In relation to professional ethics, discuss five ways in which enforcement of professional ethics and standards is conducted in your country. (10 marks)

(b) State three conditions which must be satisfied for a commercial agency to arise. (6 marks)

(c) Explain four ways in which the independence of the judiciary could be achieved. (4 marks)

QUESTION SIX

(a) Explain six circumstances under which an insurance contract might be terminated. (6 marks)

(b) In relation to the law of property:

(i) Describe sectional properties. (2 marks)

(ii) Outline the four roles of lawyers in land transactions. (4 marks)

(c) Discuss four advantages of the doctrine of “stare decisis”. (8 marks)

QUESTION SEVEN

(a) Identify five principles that a co-operative society has to incorporate in its by-laws for it to be registered as a co-operative society in your country. (5 marks)

(b) In relation to the law of contract:

(i) State three rules governing exclusion clauses. (6 marks)

(ii) Explain the “contra proferentem” rule. (3 marks)

(c) Describe three types of guarantee. (6 marks)

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