CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM PILOT PAPER
MARCH 2025 Time Allowed: 3 hours.
Answer ALL questions. This paper has two sections. SECTION I consists of fifty (50) Multiple Choice Questions carrying fifty (50) marks. SECTION II has four (4) structured questions carrying (50) marks. Marks allocated to each question are indicated at the end of the question.
1. Which one of the following statements is the 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 that 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)
ANSWER: D
2. Which one of the following BEST describes the trial phase when the sworn testimony is conducted?
A. Trail phase
B. Oral/written examination
C. The Pre-trial
D. Cross examination (1 mark)
ANSWER: C
3. Which one of the following statements is the MOST ACCURATE in regard to the discovery of evidence?
A. In adversarial jurisdictions, the court discovers evidence during trial as the parties to the litigation question each other
B. In adversarial jurisdictions, the judges discover evidence questioning the parties to the litigation
C. In adversarial jurisdictions, the court discovers evidence through questioning conducted the prosecution
D. In adversarial jurisdictions, the court discovers evidence through questioning conducted the defense
(1 mark)
ANSWER: A
4. Which one of the following statements is ACCURATE in regard to burden of proof in a civil law jurisdiction?
A. In civil law jurisdictions, the presiding judge has the burden to proof because he drives the discovery of evidence
B. In civil law jurisdictions, 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 jurisdictions, the defense has the burden of proof (1 mark)
ANSWER: C
5. Which one of the following statements is 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)
ANSWER: A
6. Which one of the following statements is MOST ACCURATE in regard to the main sources of law in adversarial jurisdictions?
A. The main source of law in adversarial jurisdictions is the statutory substantive law
B. The main source of law in adversarial jurisdictions is the procedural and substantive law
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)
ANSWER: A
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)
ANSWER: D
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 an effective method of resolving fraud disputes (1 mark)
ANSWER: A
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 applicable (1 mark)
ANSWER: A
10. Which one of the following statements is NOT accurate in regard to the use of juries in inquisitorial jurisdictions?
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 use juries in all criminal cases (1 mark)
ANSWER: B
11. Which one of the following statements describes the approach that adversarial jurisdictions use to discover evidence?
A. Fact finding investigations
B. Fraud examination
C. Oral/written examination
D. None of the answers is correct (1 mark)
ANSWER: D
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)
ANSWER: C
13. Which one of the following Kenyan laws sets the rules and procedures to be followed to determine an economic crime?
A. Criminal Procedure Code
B. Civil Procedure Act
C. Anti-corruption and Economic Crimes Act
D. None of the answers is correct (1 mark)
ANSWER: B
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)
ANSWER: B
15. Which one of the following laws is NOT a type of a procedural law?
A. Common law
B. Criminal Procedure Code
C. Evidence Act
D. Civil Procedure Act (1 mark)
ANSWER: A
16. Which one of the following laws is a type of substantive rules?
A. POCAMLA Act
B. Penal Code
C. Bribery Act, 2016
D. None of the answers is correct (1 mark)
ANSWER: D
17. Which one of the following statements is ACCURATE in regard to the 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. None of the answers is accurate (1 mark)
ANSWER: A
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)
ANSWER: D
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)
ANSWER: C
20. Which one of the following concepts refers to 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)
ANSWER: D
21. Which one of the following statements BEST describes the process of presenting evidence 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)
ANSWER: B
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)
ANSWER: A
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 their evidence after the defence
D. The party that took the case to court present their evidence first (1 mark)
ANSWER: D
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)
ANSWER: C
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)
ANSWER: C
26. Which one of the following statements is NOT accurate in relation to burden and standard of proof in common and civil law legal systems?
A. In the common law legal system, the burden of proof for criminal cases rests with the prosecution
B. The standard of proof for civil trials in both the common and civil legal system is preponderance of evidence and inner conviction of the judge respectively
C. In both the common and civil legal systems, the standard of proof for a criminal trial is beyond reasonable doubt
D. None of the statements is applicable (1 mark)
ANSWER: C
27. Which one of the following terms refers to an alternative dispute resolution process where an impartial third party decides who win the case based on merits?
A. Mediation
B. Arbitration
C. Administrative justice
D. Mediation (1 mark)
ANSWER: B
28. Which one of the following elements is a jurisdiction to hear a certain case?
A. The venue
B. Jury’s qualification
C. Burden of proof
D. None of the answers is correct (1 mark)
ANSWER: A
29. Which one of the following courts has jurisdiction to hear and determine tax fraud cases?
A. Tax fraud courts
B. High court
C. Anti-corruption court
D. None of the answers is correct (1 mark)
ANSWER: B
30. In which jurisdiction are judges bound codified statutes or compiled statutes and use previous decisions to interpret the statutes?
A. Common law legal systems
B. Inquisitorial jurisdiction
C. Federal legal systems
D. None of the answers is correct (1 mark)
ANSWER: B
31. Which one of the following statements is NOT ACCURATE in regard to civil and common law legal systems?
A. In common law legal systems, judges can only apply applicable statutes created the legislature
B. In civil law legal systems, judges are not bound the court precedent
C. Judges in civil law legal systems can use court precedent to interpret codified statutes
D. None of the statements is applicable (1 mark)
ANSWER: A
32. Which one of the following statements is NOT ACCURATE in regard to alternative dispute resolution?
A. Arbitration is always biding
B. Mediation is always binding
C. In mediation a third party does not decide who wins the case
D. None of the statements is applicable (1 mark)
ANSWER: A
33. Which one of the following statements is NOT ACCURATE in regard to civil countersuits?
A. A defendant in another civil suit cannot be a plaintiff in another suit
B. A defendant in another civil suit can be a plaintiff in another suit
C. A plaintiff in another civil suit can be a defendant in another suit
D. None of the statements is applicable (1 mark)
ANSWER: A
34. Which one of the following statements is NOT TRUE about juries in common law jurisdiction?
A. Juries cannot be challenged any of the parties to the litigation
B. Juries can be challenged for no reason
C. Juries can be challenged for an acceptable reason
D. None of the statements is applicable (1 mark)
ANSWER: D
35. Which one of the following terms describes Kenya’s legal system?
A. Common Law legal system
B. Civil Law legal system
C. Adversarial legal system
D. Constitutional Law (1 mark)
ANSWER: A
36. Which one of the following laws defines how individual cases are determined?
A. Substantive law
B. Statutory law
C. Procedural law
D. None of the answers is correct (1 mark)
37. Which one of the following laws is NOT created parliament?
A. Case law
B. Statutory law
C. Procedural law
D. None of the answers is applicable (1 mark)
ANSWER: A
38. Which one of the following statements is NOT ACCURATE in regard to international laws?
A. International law is a body of legal rules, regulations, and accepted practices observed nations
B. International laws define the nations legal responsibilities for their conduct when dealing with each other
C. International law is primarily enforced through Legal mutual assistance and treaties
D. None of the statements is applicable (1 mark)
ANSWER: D
39. Which one of the following statements is ACCURATE in regard to the discovery of evidence process in criminal proceedings in an inquisitorial jurisdiction?
A. Most of the discovery process occurs in the trial phase of the litigation process
B. The parties to the litigation request limited information from each other during the pre-trial stage
C. The parties to the litigation drive the discovery of evidence
D. Both parties to the litigation discover evidence during the investigation and examination phase (1 mark)
ANSWER: D
40. Which one of the following statements is ACCURATE in regard to civil trials evidence?
A. The standard of proof for civil trials in the inquisitorial jurisdiction is preponderance of evidence
B. Inquisitorial jurisdictions favour testimonial evidence
C. The evidentiary record is available at the outset of the trial
D. None of the statements is accurate (1 mark)
ANSWER: C
41. Which one of the following statements is NOT ACCURATE in regard to prosecution and bargaining discretion?
A. Adversarial jurisdiction favours prosecutorial bargaining
B. Prosecutorial bargaining is more common in the common law than in the civil law jurisdictions
C. Prosecutorial discretion rest with the court
D. None of the statements is applicable (1 mark)
ANSWER: C
42. Which one of the following rights is NOT TRUE about The United Nations’ International Convention on Civil and Political Rights (ICCPR) for those accused of crimes, in relation to a fair hearing?
A. Right to appeal
B. Right to be tried a jury
C. Adequate time to prepare
D. None of the statements is applicable (1 mark)
ANSWER: B
43. In which legal system are judges used as fact-finders for serious criminal cases where the panel is made up of professional judges?
A. Federal legal system
B. Adversarial jurisdictions system
C. Inquisitorial jurisdictions
D. None of the answers is correct (1 mark)
ANSWER: C
44. Which one of the following BEST describes the standard of proof in civil cases in civil law jurisdictions?
A. Beyond reasonable doubt
B. Preponderance of evidence
C. More probable than not
D. None of the answers is correct (1 mark)
ANSWER: D
45. Which one of the following documents is used as a criminal charging document for serious cases brought to court the government?
A. Information
B. Warrant of arrest
C. Indictment
D. None of the answers is correct (1 mark)
ANSWER: C
46. In a bribery and corruption case, the prosecution will have to prove giving and receiving. Which one of the following legal elements is the prosecution NOT required to prove in giving and receiving a bribe?
A. Intent
B. Giving, offering and promise
C. Receiving and soliciting
D. None of the answers is applicable (1 mark)
ANSWER: A
47. Which one of the following statements is TRUE about prosecution bargaining in civil and common law jurisdiction?
A. Bargaining agreements are more widely used in inquisitorial law jurisdictions than in adversarial law jurisdictions
B. The circumstances in which bargaining agreements are allowed in common law jurisdictions are more limited than in the civil law jurisdiction
C. In civil law jurisdictions the defendant records a confession statement as evidence
D. None of the statements is correct (1 mark)
ANSWER: C
48. Which one of the following statements is NOT ACCURATE about closing arguments in a criminal case in an adversarial jurisdiction?
A. Both the prosecution and defence introduce additional evidence to strengthen their side of the case
B. Prosecution makes his final points and tries to convince the jury or judge to convict
C. The defence makes his final points and tries to convince the jury or judge to acquit
D. None of the answers is applicable (1 mark)
ANSWER: A
49. Which one of the following is statements is ACCURATE in regard to the burden of proof in civil trials in adversarial jurisdictions?
A. The standard of proof is more probable than not
B. The standard of proof is inner conviction of the judge
C. The standard of proof is reasonable doubt
D. None of the answers is accurate (1 mark)
ANSWER: A
50. Adversarial jurisdictions conduct sworn testimony given a party or witness upon questioning counsel for one of the parties during pre-trial. Which one of the following terms BEST describes the type of testimony?
A. Cross-examination
B. Re-examination
C. Oral examination
D. Direct examination (1 mark)
ANSWER: C
SECTION II (50 MARKS)
51. With reference to the trial process in adversarial and civil law jurisdictions in a criminal fraud court proceeding, evaluate the following terminologies:
(a) Trial phases. (5 marks)
(b) Standard of proof. (5 marks)
(c) Burden of proof. (5 marks)
(d) Parties involved in both trial processes. (5 marks)
(Total: 20 marks)
52. Analyse the standard of proof under the following circumstances:
(a) Standard of proof in a criminal fraud case in civil law jurisdiction. (5 marks)
(b) Standard of proof in a civil fraud case in civil law jurisdiction. (5 marks)
(c) Standard of proof in a civil case in the common law jurisdiction. (5 marks)
(Total: 15 marks)
53. Examine the bargaining agreement in:
(a) Common law jurisdiction. (5 marks)
(b) Civil law jurisdiction. (5 marks)
(Total: 10 marks)
54. In relation to adversarial jurisdictions.
(a) Examine the meaning of closing argument. (2 marks)
(b) Describe the process of conducting closing arguments. (3 marks)
(Total: 5 marks)
………………………………………………………………………..