CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM
TUESDAY: 20 August 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. A court order that restrains a defendant or a third party from disposing of, spending, transferring or concealing assets or property while litigation is ongoing is referred to as .
A. injunction
B. declaratory remedy
C. pre-judgement
D. summary judgement (1 mark)
2. Which one of the following phases describes where oral/written examination is conducted?
A. Trial phase
B. Pre-trial phase
C. Investigation phase
D. Examination phase (1 mark)
3. Which one of the following phases does the common law jurisdiction courts, discover evidence?
A. Trial phase
B. Pre- trial phase
C. Direct examination phase
D. Cross examination phase (1 mark)
4. Which one of the following statements is ACCURATE in regard to a party that has the burden of proof in criminal trials in inquisitorial jurisdictions?
A. Only the defence has the burden of proof
B. Only the prosecution has the burden of proof
C. Only the investigative officer has the burden of proof
D. Both the prosecution and defence have the burden of proof (1 mark)
5. Which one of the following jurisdictions only apply codified principles as their source of law in fraud and corruption cases?
A. Adversarial jurisdictions
B. Civil law jurisdictions
C. Common law jurisdictions
D. Civil justice system (1 mark)
6. Which one of the following statements is NOT accurate in regard to sources of law in adversarial jurisdictions in criminal trials?
A. In adversarial jurisdictions, juries can apply court legal principle in criminal cases
B. In adversarial jurisdictions, judges are bound the court legal principles
C. Judges in adversarial jurisdictions, can only apply substantive statutes
D. Judges in civil law legal systems can use case law to interpret criminal statutes (1 mark)
7. Which one of the following BEST describes a fact finder party that can also be party to a litigation?
A. A tribunal
B. A mediator
C. Judge
D. An arbitrator (1 mark)
8. Which one of the following actions BEST describe suits with same parties to the litigation but based on different facts in issue?
A. Parallel proceedings
B. Countersuits
C. Civil suits
D. Criminal trials (1 mark)
9. In civil law jurisdiction, which one of the following statements is ACCURATE in regard to use of juries as fact finders?
A. Inquisitorial jurisdictions use juries in serious criminal prosecutions
B. Inquisitorial jurisdictions allow jury trial in serious civil suits
C. Inquisitorial jurisdictions allow jury challenge
D. Inquisitorial jurisdictions use juries in all criminal trials (1 mark)
10. Which one of the following describes the party/parties that discover evidence in adversarial jurisdictions civil fraud trials?
A. The court
B. The plaintiff’s advocate
C. The plaintiff and the defendant
D. The prosecution and the criminal defendant (1 mark)
11. Which one of the following Kenyan law sets the rules and procedures to determine fraud civil suits?
A. Procedural law
B. Civil procedure Act
C. Criminal procedure code
D. Statutory law (1 mark)
12. Which one of the following Kenyan law sets the rules and procedures to determine bribery and corruption offences?
A. Criminal Procedure Code
B. Civil Procedure Act
C. Anti-corruption and Economic Crimes Act
D. Bribery Act, 2016 (1 mark)
13. Which one of the following Kenyan law defines economic crimes as an offence and provides for the penalties for violation of the law?
A. Criminal Procedure Code
B. Substantive law
C. Anti-corruption and Economic Crimes Act
D. Bribery Act, 2016 (1 mark)
14. Which one of the following is NOT a type of a procedural law?
A. Case law
B. Criminal Procedure Code
C. Evidence Act
D. Civil Procedure Act (1 mark)
15. Which one of the following statements BEST describes international laws?
A. International law is a body of rules, convention and treaties
B. International laws are substantive laws
C. International laws are public laws
D. International laws are statutes (1 mark)
16. Which one of the following statements is ACCURATE in regard to disclosure of evidence in criminal proceedings in adversarial jurisdictions?
A. Disclosure of evidence occurs in the trial phase of the court proceeding
B. Disclosure of evidence in criminal prosecution is not restricted to exhibits
C. Disclosure of evidence in criminal prosecution in adversarial jurisdictions is restricted to physical vidence relevant to the facts in issue
D. Disclosure in criminal prosecution, includes all materials that will be used in court parities legal representatives (1 mark)
17. Which one of the following statements is ACCURATE in regard to the difference between the standard of proof in civil fraud trials, in common and civil legal jurisdictions?
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 civil law jurisdictions is higher than the standard of proof in common law jurisdictions
C. The standard of proof in fraud civil trials in adversarial jurisdictions is the same with 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, while in inquisitorial is based on balance of probability (1 mark)
18. Which one of the following appeals BEST describes an appeal application a plaintiff in civil trial?
A. An injunction to appeal
B. An appeal for damages
C. An appeal for equitable remedy
D. An appeal against liability (1 mark)
19. Which one of the following parties presents evidence first in civil litigation in the adversarial jurisdictions?
A. The party that filed the pleadings application
B. The defendant
C. The criminal defendant
D. The prosecution (1 mark)
20. Which one of the following parties presents evidence in court in a criminal proceeding in the inquisitorial jurisdictions?
A. The prosecution
B. The criminal defendant
C. The presiding judge
D. The parties to the litigation (1 mark)
21. Which of the following party is given the first chance to argue and support their case in adversarial jurisdictions in a criminal case?
A. The criminal defendant
B. The prosecution
C. The presiding judge
D. The party that took the case to court (1 mark)
22. Which one of the following statements is ACCURATE in regard to the main sources of law in Kenya for fraud and corruption cases?
A. The codified principles
B. The statutory substantive laws
C. The statutory procedural laws
D. The common law (1 mark)
23. Which one of the following statements is NOT accurate in regard to justice for fraud cases?
A. Fraud is a criminal offence and therefore cannot be taken to court as a civil case
B. Fraud is a criminal offence but can be resolved through alternative dispute resolution
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 can be tried as a civil action and criminal prosecution based on the same facts in issue (1 mark)
24. Which one of the following body of law is NOT a statutory substantive law related to fraud and corruption?
A. Evidence Act
B. Public Procurement and Assets Disposal Act
C. Anti- Corruption and Economic Crimes Act
D. Bribery Act, 2016 (1 mark)
25. Which one of the following is NOT a type of substantive law?
A. Bribery act
B. Penal code
C. Civil Procedure Act
D. Capital markets Act (1 mark)
26. Which one of the following BEST describes the law that provides remedies for fraud and corruption civil suits?
A. Anti- Corruption and Economic Crimes Act
B. Bribery Act
C. Civil Procedure Act
D. Codified principles (1 mark)
27. Which one of the following statements is ACCURATE in regard to criminal procedure code?
A. The criminal procedure code is a substantive law because it is created legislature
B. The criminal procedure code is procedural law and a type of substantive law because it is created legislature
C. The criminal procedure code is a procedural law and also a type of statutory law
D. The criminal procedure code is a substantive law that sets the rules and procedures for determining evidence (1 mark)
28. Which one of the following parties drive the discovery of evidence in civil litigation in inquisitorial jurisdictions?
A. The parties to the litigation
B. The court
C. The plaintiff
D. The defendant (1 mark)
29. Which one of the following parties are involved in the collection and documentation of evidence in civil trials in inquisitorial jurisdictions?
A. The parties to the litigation
B. The plaintiff
C. The court and parties to the litigation
D. The defendant (1 mark)
30. Which one of the following legal defenses is the BEST legal defence when a law enforcement officer induces an individual to commit an offence?
A. Public interest
B. Mistake
C. Coercion
D. Entrapment (1 mark)
31. Which one of the following statements is ACCURATE in regard to discovery of evidence parties to a litigation, in civil trial in Kenyan courts proceedings?
A. The discovery occurs during pre-trial phase before the court proceedings
B. The discovery occurs during cross examination in the trial process
C. The discovery occurs during pre-trial phase of the court proceedings
D. The discovery occurs during the trial phase of the court proceedings (1 mark)
32. The discovery of evidence in criminal prosecutions in civil jurisdictions occurs in .
A. investigation and examination phases
B. investigation and trial phases
C. examination and trial phases
D. pre-trial and trial phases (1 mark)
33. Which one of the following statements is ACCURATE in regard to the duty to preserve documents relevant to a civil case in the common law jurisdictions?
A. The duty to preserve documents commence during trial proceedings
B. The duty to preserve documents commence during pre-trial proceedings
C. The duty to preserve documents commence before litigation proceedings
D. The duty to preserve the documents commence during the investigations phase (1 mark)
34. In civil legal jurisdictions, which one of the following parties has the duty for preserving evidence?
A. Presiding judge
B. The trial judge
C. The defendant
D. The plaintiff (1 mark)
35. Which one of the following is NOT accurate in regard to appellate court in the adversarial law jurisdictions?
A. The appellate court cannot overturn a lower court decision and refer the case to the bench
B. The appellate court can overturn a lower factual determination and refer the case to the high court
C. The appellate court can overturn a lower court’s decision, but cannot make determination and review the law
D. The appellate court can remand for a fresh factual determination (1 mark)
36. In a civil suit in the adversarial 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. Declaratory remedy (1 mark)
37. The presiding judge, the plaintiff and defendant advocates are litigation parties in which phase of the trial process?
A. Investigation and examination Phase
B. Examination and trial phase
C. Investigation and trial phase
D. Trial phase only (1 mark)
38. Which one of the following parties are the parties to a civil litigation in the civil law jurisdiction?
A. The presiding judge, plaintiff and defendant
B. The Plaintiff and defendant
C. The court, plaintiff and defendant
D. Plaintiff and the presiding judge (1 mark)
39. Which one of the following parties are involved in criminal proceedings in inquisitorial jurisdiction?
A. The prosecution and the criminal defendant
B. The presiding judge, prosecution and the criminal defendant
C. The prosecution and the defendant
D. The prosecution and the plaintiff (1 mark)
40. Which one of the following courts can a dissatisfied party to a tribunal hearing, file a case?
A. The supreme court
B. The bench
C. The magistrate’s court
D. High court (1 mark)
41. Strict burden of proof is featured in .
A. civil law jurisdiction
B. adversarial jurisdiction
C. common law jurisdiction
D. civil justice system (1 mark)
42. In which one of the following jurisdictions is the burden of proof with the parties to civil litigation and criminal prosecution?
A. Common law jurisdiction
B. Adversarial jurisdiction
C. Inquisitorial jurisdiction
D. Both adversarial and inquisitorial jurisdictions (1 mark)
43. Which one of the following statements is NOT accurate in regard to the legal representative role in fraud criminal trials in Kenya courts?
A. The parties to the litigation advocates are also parties to the litigation
B. The defence counsel cross examine the prosecution witnesses during trial
C. The prosecution counsel conduct examination in-chief
D. The prosecution counsel conduct re-examination of the prosecution witness (1 mark)
44. Which one of the following statements is NOT accurate in regard to the prosecution’s obligation in regard to exculpatory evidence?
A. Prosecution in common law jurisdiction is obliged to disclose exculpatory evidence to the defence
B. Prosecution in civil law jurisdiction is obliged to disclose exculpatory evidence to the defence
C. Prosecution has legal and ethical obligation to disclose exculpatory evidence to the defence
D. Unlike in the common law jurisdictions prosecution in civil law jurisdictions are not obliged to disclose exculpatory evidence (1 mark)
45. Which one of the following is a type of civil remedy for a plaintiff in fraud civil case granted a higher court?
A. Penalties
B. Equitable remedy
C. Damages remedy
D. Declaratory remedy (1 mark)
46. Which one of the following courts has the authority to grant equitable remedy?
A. The high court
B. The magistrate’s court
C. The court of appeal
D. The corruption court (1 mark)
47. Which one of the following statements is ACCURATE in regard to appeals in civil fraud cases in adversarial jurisdiction?
A. The civil appellate court cannot review legal and equitable issues
B. The civil appellate court can review equitable remedy issues
C. The civil appellate court can review legal and factual issues
D. The civil appellate court cannot remand for a new determination (1 mark)
48. Which one of the following statements is ACCURATE in regard to questioning of witnesses in court in adversarial jurisdictions?
A. The questioning is conducted the parties to the litigation
B. The questioning is conducted the trial judge
C. The questioning is conducted the presiding judge
D. The questioning is conducted the prosecution (1 mark)
49. Which one of the following statements is ACCURATE in regard to juries in inquisitorial jurisdictions, in criminal trials?
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 does not feature jury trial
D. Inquisitorial jurisdiction feature jury trial (1 mark)
50. In criminal trials in common law jurisdictions, which one of the following statements is NOT accurate in regard to disclosure of evidence?
A. The prosecution does not have more rights than the opposing side
B. Both the prosecution and the criminal defendant have equal rights of discovery of evidence
C. Both the prosecution and the defendant, have right to discover all materials prepared each of the parties for court proceedings
D. Both the prosecution and the defendant have right to discover, all physical items that, would be presented in court (1 mark)
51. Which one of the following is a proper defense against the criminal intent?
A. Lack of jurisdiction
B. Mistake
C. Legal impossibility
D. Alibi (1 mark)
52. Which one of the following statements is ACCURATE in regard to the organisation’s vicarious liability?
A. An organisation cannot be vicariously liable for offences committed junior employees
B. An organisation cannot be vicariously liable for offences, not directed management of the board
C. If an organisation was not aware of the employee’s fraudulent activities, the organisation will still be vicariously liable
D. An organisation cannot be vicariously liable for offences committed individuals who are not their employees (1 mark)
53. Which one of the following actions is a charging document in civil law jurisdiction for serious criminal trials?
A. A petition
B. An application
C. Search warrant
D. Writ of summon (1 mark)
54. Which one of the following jury verdicts must be unanimous?
A. Only serious criminal cases
B. All criminal cases
C. All serious civil case
D. All civil cases (1 mark)
55. Which one of the following BEST describes motion of inadmissibility in adversarial jurisdictions?
A. Pre-trial motion
B. Trial motion
C. Cross examination motion
D. Summary judgement motion (1 mark)
56. Which one of the following BEST describes investigation and examination process in civil litigation in inquisitorial jurisdictions?
A. Pre- trial examination
B. Continuous series of meetings
C. Oral/Written examination
D. Direct examination (1 mark)
57. Forensic Fraud Examiners should have the following basic knowledge of law, EXCEPT .
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)
58. Which one of the following jurisdictions courts are in possession of evidence before court trial proceedings?
A. Adversarial jurisdictions
B. Civil law jurisdictions
C. Common law jurisdiction
D. Unitary jurisdictions (1 mark)
59. In civil suits in adversarial jurisdiction, which one of the following is ACCURATE in regard to litigation privileges?
A. Litigation privileges protects, attorney and client communication for legal advice and other purposes
B. Litigation privileges can be extended to a third party, for purposes of legal support
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)
60. Which of the following statement is NOT accurate in regard to appointment of witnesses in Kenya jurisdiction?
A. In Kenya jurisdiction the court can appoint an expert witness
B. In Kenya jurisdiction the court appointed expert witness cannot provide evidence in court
C. In Kenya jurisdictions the witnesses are appointed the parties to the litigation
D. In Kenya jurisdiction a witness appointed the court can provide evidence in court (1 mark)
61. Which one of the following statements is MOST ACCURATE in regard to questioning of experts in inquisitorial jurisdictions in fraud civil litigation?
A. In most inquisitorial jurisdictions the defendant’s counsel cannot cross examine the court’s primary expert witness
B. In most inquisitorial jurisdictions the defendant’s counsel can cross examine the court’s primary expert witness
C. In most inquisitorial jurisdictions the defendant’s counsel cannot question the court’s primary expert witness
D. In most inquisitorial jurisdictions the trial judge cannot question the court’s primary expert (1 mark)
62. Which one of the following statements is ACCURATE in regard to charging a corporate for a criminal offence?
A. Charging a corporate for a criminal offence involve entering into a bargaining plea with the prosecution
B. Charging a corporate for a criminal offence involve entering into a confession prosecution agreement
C. The prosecution charges the corporate but does not prosecute if certain conditions are met
D. The prosecution charges the corporate if there is sufficient evidence of criminal offence (1 mark)
63. Which one of the following statements is MOST ACCURATE in regard to the rules of evidence in administrative proceedings?
A. Administrative proceedings are governed administrative law and rules of evidence
B. Administrative Proceedings are strictly governed the rules of evidence
C. Administrative Proceedings are governed relevance and reliability of evidence
D. Administrative proceedings does not need to consider any rule of evidence (1 mark)
64. Which one of the following statements is NOT accurate in regard to the application of law in corruption offences?
A. The main source of law in Kenya jurisdiction, in corruption offences is both the Bribery Act, 2016 and the Anti – Corruption and Economic Crimes Act
B. Kenya jurisdiction apply only the written law in corruption offences
C. Kenya jurisdiction heavily rely on statutes in corruption offences
D. Kenya jurisdiction must follow procedural law in determination of corruption offences (1 mark)
65. Which one of the following statements BEST describes the standard of proof in civil suits in Kenyan jurisdictions?
A. Balance of probability
B. Preponderance of evidence
C. More probable than not
D. Beyond reasonable doubt (1 mark)
66. Which one of the following BEST describes the offence associated with failure to preserve evidence?
A. Misrepresentation of evidence
B. Concealment of evidence
C. Obstruction of evidence
D. Perjury (1 mark)
67. If an agent engages in bribery, which type of the law will the agent violate?
A. Bribery Act, 2016
B. Substantive law
C. Anti-corruption and Economic Crimes Act
D. Constitution law (1 mark)
68. Which one of the following statements is ACCURATE in regard to preservation of evidence in inquisitorial jurisdictions?
A. A suspect can be charged for obstruction of justice if he destroyed evidence when litigation was reasonably anticipated
B. A suspect cannot be charged for obstruction of justice if he destroyed evidence when litigation was reasonably anticipated
C. A suspect cannot be charged for obstruction of justice if he destroyed evidence when the court has requested for preservation of evidence
D. A suspect cannot be charged for obstruction of justice if he destroyed evidence, under any circumstances (1 mark)
69. Which one of the following phases is a trial phase before a court for a civil litigation in Kenyan jurisdictions?
A. Examination phase
B. Investigation phase
C. Pre-trial phase
D. Trial phase (1 mark)
70. Which one of the following statements is ACCURATE in regard to disclosure of evidence in criminal trials in adversarial jurisdictions?
A. The parties to the trial, have right to discover all the evidence to be used in court
B. The defence does not have right to discover all exhibits to be used in court
C. The defence has no right to discover the expert witness’s report, before court trial
D. The defence has right to discover the expert witness’s report, before court trial (1 mark)
71. In which one of the following jurisdiction can a criminal defendant in criminal proceeding have access to all evidentiary record before court trial?
A. Common law jurisdiction
B. Adversarial jurisdiction
C. Inquisitorial jurisdiction
D. Criminal justice system (1 mark)
72. Which one of the following is the highest available prosecution discretion?
A. Absolute discretion
B. Limited discretion
C. None discretions
D. Total discretion (1 mark)
73. Which one of the following laws is both administrative and substantive law?
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)
74. Which one of the following statements is ACCURATE in regard to determination of evidence in adversarial jurisdictions?
A. In most jurisdictions an appellate court cannot reverse a conviction of the high court
B. In most jurisdictions conviction and judgement are done during separate trial phases
C. In most jurisdictions the conviction is passed the court of appeal
D. In most jurisdictions the conviction and judgement are done simultaneously (1 mark)
75. Which one of the following types of laws BEST describes private and public law?
A. Substantive law
B. Statutory law
C. Common law
D. Case law (1 mark)
76. Which one of the following documents BEST describes prosecution bargaining agreements in inquisitorial jurisdictions?
A. Written confessions
B. Guilty plea
C. Admissions
D. Oral direct confessions (1 mark)
77. Which one of the following statements is MOST ACCURATE in regard to factual determination in the common law jurisdictions?
A. Adversarial judicial process uses juries, only to determine facts in serious criminal trials
B. Adversarial judicial process uses judges as fact-finders in all serious criminal and civil cases
C. Adversarial judicial process uses judges as fact-finders in all serious criminal cases
D. Adversarial judicial process uses juries as fact-finders in both civil and criminal trials (1 mark)
78. Which one of the following BEST describes situations where common law is applied?
A. In civil cases that are not serious
B. When there is more than one suitable statute
C. When there is no available, substantive law
D. In very serious criminal cases (1 mark)
79. Which one of the following statements is ACCURATE in regard to criminal trials in court in civil law jurisdictions?
A. The party that drives the discovery of evidence, has the burden of proof
B. The party that took the case to court has the burden of proof
C. The defence does not have a burden of proof
D. The defence also has a burden of proof (1 mark)
80. Which one of the following persons BEST describes the party to a litigation, who files an application against liability?
A. Plaintiff
B. Defendant
C. Criminal defendant
D. Both the plaintiff and the defendant (1 mark)
81. Which one of the following statements is ACCURATE in regard to civil proceedings in civil law jurisdictions?
A. The presiding judge is the fact finder in the court proceedings
B. The presiding judge is a party to the civil proceedings
C. The standard of proof is lower than that in the adversarial jurisdictions
D. The standard of proof is higher than that in the adversarial jurisdictions (1 mark)
82. Which one of the following statements is ACCURATE in regard to civil litigation Kenya jurisdiction?
A. In a civil trial both the parties to the litigation has burden of proof
B. In a civil trial the defendant has the burden of proof
C. In a civil trial the burden of proof rests with plaintiff
D. In a civil trial the standard of proof is, higher than that, in civil jurisdictions (1 mark)
83. Which one of the following statements is ACCURATE in regard to proceedings based on the same offence?
A. A criminal defendant who is also a defendant in a civil suit for the same offence
B. A civil defendant who is found innocent at trial but is sued again for the same offence
C. A civil defendant who is being sued two or more plaintiffs for the same offence
D. A criminal defendant who is found innocent at trial but is sued for a civil wrong (1 mark)
84. Which one of the following statements is ACCURATE in regard to the advantage of taking civil action as opposed to criminal prosecution in a fraud case in the common law jurisdictions?
A. The standard of proof is lower
B. The burden of proof is with the prosecution
C. The defendant has the burden of proof
D. The parties to the litigation has a burden of proof (1 mark)
85. Which one of the following evidence is NOT an additional evidence presented in court during trial?
A. Closing arguments
B. Testimonial evidence
C. Exhibits
D. Circumstantial evidence (1 mark)
86. Which one of the following judicial practice is used to enhance efficiency in the criminal justice?
A. Bargaining agreements
B. Prosecution discretion
C. Appeals
D. Written confessions (1 mark)
87. Which one of the following type of law would a judge usually apply on fraud or corruption trials in adversarial jurisdiction, where he/she does not find a suitable statute?
A. Case law
B. Substantive law
C. Common law
D. Statutory law (1 mark)
88. Which one of the following Kenyan law sets the rules and procedures to be followed to determine a corruption offence?
A. Criminal Procedure Code
B. Civil Procedure Act
C. Anti-corruption and Economic Crimes Act
D. None of the above (1 mark)
89. Under the United Nations, International Covenant on Civil and Political Rights (ICCPR) for persons accused of a crime, which one of the following statements BEST describes presumption of innocence?
A. Presumption of innocence means that the accused person, has not committed the offence
B. Presumption of innocence means that, the accused person is innocent until admissible evidence has been collected and, presented in court.
C. Presumption of innocence means that, the accused person, is innocent until sufficient evidence has been collected and presented in court
D. Presumption of innocence means that, the accused person is innocent until the court determine the evidence and find the accused person liable (1 mark)
90. Which one of the following statements is ACCURATE with regard to questioning of witnesses in court in adversarial jurisdictions?
A. The questioning is conducted the parties to the litigation
B. The questioning is conducted the trial judge
C. The questioning is conducted the presiding judge
D. The questioning is conducted the prosecution (1 mark)
91. In corporate criminal offence the prosecution can enter into an agreement with the corporate charge but not to prosecute immediately. Which one of the following BEST describe the liability the corporate is charged with?
A. Criminal intent liability
B. Vicarious liability
C. Criminal liability
D. Deferred liability (1 mark)
92. Which one of the following is NOT an item of the plaintiff’s application in both common law and civil law jurisdictions?
A. A summary of the evidence
B. All information relevant to the facts in issue
C. Specific facts, being claimed
D. Grounds for legal relief (1 mark)
93. Which one of the following statements BEST describes the right to challenge trial jury in adversarial jurisdictions in a criminal trial?
A. In adversarial jurisdictions, the parties to a criminal trial proceeding can challenge trial jury
B. In adversarial jurisdictions, the parties to a criminal court proceeding cannot challenge trial a jury
C. In adversarial jurisdictions, only the criminal defendant can challenge trial jury
D. In adversarial jurisdictions, only the prosecution, can challenge trial jury (1 mark)
94. Which one of the following statements BEST describe arrest a police officer without a search warrant?
A. Violation of an individual’s rights
B. Violation of the rights of a person accused of a crime
C. Violation of police officer’s ethics
D. Exemption of a search warrant (1 mark)
95. Which one of the following statements is the MAIN objective of filling fraud case as a civil trial?
A. To avoid the heavy burden of proof and the high standard of proof
B. To seek damages remedy, for losses caused the fraudulent activity
C. To seek equitable damages remedy, for losses caused the fraudulent activity
D. To seek declaratory remedy, for losses caused the fraudulent activity (1 mark)
96. Which one of the following parties BEST describe the party to a civil litigation who files an application against awarded remedy?
A. Plaintiff
B. Defendant
C. Criminal defendant
D. Both the plaintiff and the defendant (1 mark)
97. Which one of the following law is NOT a legal statute?
A. Common law
B. Criminal Procedure Code
C. Evidence Act
D. Civil Procedure Act (1 mark)
98. Which one of the following laws cannot be applied in a fraud offence?
A. Common law
B. Case law
C. Bribery Act
D. Public finance management Act (1 mark)
99. Which one of the following laws can be used to interpret a substantive law related to fraud and corruption?
A. Common law
B. Legal regulations
C. Case law
D. Procedural law (1 mark)
100. Which one of the following justice systems would effectively combat bribery and fraudulent activities?
A. Criminal justice system
B. Civil justice system
C. Unitary government systems
D. Criminal procedure Code (1 mark)
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