CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
WEDNESDAY: 24 April 2024. Afternoon 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. Evidence must be properly authenticated to be admissible in a court of law in common law jurisdictions. Which one of the following is NOT a method of authenticating evidence?
A. Maintain chain of custody
B. A person with personal knowledge of the document, produces the document in a court of law
C. Certify the document as a true copy of the original copy
D. None of the above (1 mark)
2. Which one of the following statements is ACCURATE in regard to expert testimony in adversarial judicial process in a corruption criminal trial?
A. An expert witness may express an opinion regarding the criminal defendant’s criminal liability
B. An expert witness may express an opinion regarding the criminal defendant’s involvement in the offence
C. An expert witness must express an opinion regarding the criminal defendant’s intent to commit the offence
D. None of the above (1 mark)
3. In the adversarial jurisdictions, which of the following is generally NOT an objective of the defence counsel during cross-examination of an expert witness?
A. To ask the expert questions that he already has an answer
B. To obtain information about the expert witness’s previous contradicting statements to question the witness’s honesty and truthfulness
C. To ask the expert questions, that he does not have an answer
D. None of the above (1 mark)
4. Which one of the following statements is an example of testimonial direct oral evidence in Kenya?
A. Testimony of an eye witness
B. Expert testimony based on interpretation of the facts
C. Testimony that the defendant deposited seven million shillings into his account, three days after the money was stolen from his employer
D. All the above (1 mark)
5. In adversarial processes, an attorney may impeach an opposing party’s witness attacking either their knowledge of the subject in issue or their credibility. Which one of the following statements is NOT an example of impeachment based on the witness’s knowledge?
A. The expert lacks technical expertise in the subject matter
B. The expert is not well trained in the subject matter
C. The expert has undisclosed conflict of interest
D. None of the above (1 mark)
6. In civil trial in inquisitorial jurisdictions, which one of the following is NOT accurate in regard to evidentiary record?
A. Evidentiary record is created the court
B. Evidentiary record is created during the examination phase
C. Evidentiary record is discovered the court during trial
D. None of the above (1 mark)
7. Which one of the following statements is NOT accurate in regard to admissibility of relevant evidence in adversarial jurisdictions?
A. Relevant evidence may be admissible, if it is relevant to the facts being litigated
B. Relevant evidence is not admissible, if it is prejudicial
C. Relevant evidence may be admissible, if it can prove that the criminal defendant committed the offence
D. Relevant evidence may be admissible, if it can prove that the criminal defendant is liable (1 mark)
8. Which one of the following statements is NOT accurate in regard to hearsay evidence?
A. Hearsay evidence may be admissible if it is relevant to the facts in issue
B. Documents are generally hearsay
C. Hearsay evidence is admissible under hearsay evidence exemption rules
D. Hearsay evidence is generally not admissible (1 mark)
9. In cross-examination of a prosecution expert witness, which of the following is an objective of cross-examination counsel when he asks questions as if he/she, is seeking an answer from the expert witness?
A. Making the expert contradict himself
B. Making the expert a sounding board continuously agreeing with the defence counsel’s position
C. Making the expert have false sense of security
D. None of the above (1 mark)
10. Which one of the following statements is NOT accurate in regard to anti-fraud professionals’ code of ethics, like the ACFE Code of Professional Ethics?
A. The expert can testify to opinion of guilt if the expert has obtained sufficient evidence to prove the defendant committed the offence
B. The expert can testify to opinions of the opposing expert witness testimony
C. The expert can testify on technical matters such as violation of accounting standards
D. All the above (1 mark)
11. Which one of the following conditions is NOT a requirement for a document to be admitted into evidence in adversarial jurisdictions?
A. The document must be real evidence
B. The document must be properly authenticated
C. The document must be relevant to the facts in issue
D. None of the above (1 mark)
12. Which one of the following statements is ACCURATE in regard to duty to preserve information relevant to a case in civil law jurisdiction?
A. The duty arises after pre-trial
B. The duty arises before pre-trial
C. The duty arises during pre-trial
D. The duty commences when the court advises (1 mark)
13. Which one of the following statements is NOT accurate in regard to prosecution’s right to obtain disclosure of information from the defendants in criminal proceedings in adversarial jurisdictions?
A. The prosecution is entitled to limited disclosures
B. The prosecution and defence is entitled to all information that will be used in court
C. Both the prosecution and defence are entitled to limited disclosures
D. None of the above (1 mark)
14. Which one of the following statements is NOT accurate in regard to waiver of privileges?
A. Waiver of a legal professional privilege occurs when a client shares privileged information with a third party retained to offer professional advice
B. Legal professional privileges can be extended to a third-party for purposes of providing legal support
C. Legal professional privileges cannot be waived because of sharing information with a third-party for purposes obtaining professional services under the direction of an advocate
D. None of the above (1 mark)
15. Karen is retained a court to provide an expert opinion involving specialised knowledge in accounting. Which one of the following jurisdictions is Karen giving expert testimony?
A. Adversarial jurisdiction
B. Civil Justice system
C. Inquisitorial jurisdiction
D. Common law jurisdiction (1 mark)
16. Which one of the following terminologies BEST describes the pre-trial civil discovery used in most adversarial jurisdictions?
A. Summary judgement
B. Pre-trial civil discovery
C. Direct examination
D. None of the above (1 mark)
17. Which one of the following statements is NOT accurate in regard to appointment of expert witnesses in the civil law jurisdiction?
A. In inquisitorial jurisdictions, the parties to the litigation cannot appoint their expert witness because the experts are appointed the court
B. In the civil law jurisdictions, the defence can appoint their own expert witnesses to question the court appointed expert
C. In the civil law jurisdictions, the parties to the litigation can appoint their expert witnesses
D. None of the above (1 mark)
18. Which one of the following statements is ACCURATE in relation to appellate courts in common legal systems?
A. In most adversarial jurisdictions, a civil appellate court generally interviews additional fact witnesses and expert witnesses and collects new documentary evidence
B. In most common law jurisdictions, a civil appellate court, can review issues of facts and make factual determination
C. In most common law jurisdictions, a civil appellate court can order for a fresh trial and refer the case to the bench court
D. None of the above (1 mark)
19. Which one of the following terms BEST refers to the type of evidence found in the suspect’s bank statements of a suspect alleged to be engaging in receiving bribes?
A. Direct evidence
B. Real evidence
C. Circumstantial evidence
D. Exhibit (1 mark)
20. Cross examination is a trial process that is usually conducted in an adverse manner. Which of the following types of questions is the defence counsel likely to use extensively when questioning the prosecution expert witness.?
A. Complex questions
B. Narrative questions
C. Leading questions
D. All the above (1 mark)
21. In inquisitorial jurisdictions, which of the following BEST describes the major role of advocates of the parties to the litigation in civil litigation?
A. The advocates play an advisory role to the presiding judge
B. The defence counsel cross examines the court witness
C. The advocates drive the discovery of evidence
D. None of the above (1 mark)
22. Which one of the following is a type of question that a defence counsel is NOT likely to use during cross examination?
A. Leading questions
B. Open ended questions
C. Closed questions
D. Complex questions (1 mark)
23. Which one of the following statements is NOT accurate in regard to an expert witness testimony?
A. The Certified Forensic Fraud Examiner (CFFE) credential demonstrates expertise in fraud prevention and investigation, however a CFFEs does not automatically qualify to give testimony in every fraud-related case
B. To testify in court as an expert witness, the witness must have formal training and experience in the facts in issue
C. To testify in court as an expert witness, the witness must have personal knowledge of the facts in issue
D. To testify in court as an expert witness, the witness is not required have personal knowledge of the facts in issue (1 mark)
24. Which one of the following items should basically be included in the trial record of a civil trial in adversarial jurisdictions?
A. All documents related to the facts in issue
B. A word-for-word transcript of all witness’s interviews
C. Eye witnesses statements
D. None of the above (1 mark)
25. Which one of the following statements is ACCURATE in regard to testimonial evidence in a court of law in Kenya?
A. A fraud investigator can provide oral direct evidence based on evidence collected during investigations
B. An auditor who detects a fraudulent scheme in the course of a routine audit, can be called to testify in a court of law to offer oral direct evidence
C. A witness called in court to provide a document cannot offer oral direct evidence
D. None of the above (1 mark)
26. Which one of the following statements is NOT accurate in regard to admissibility of an admission as evidence under the evidence Act Cap 80 in relation to a fraud case?
A. If a defendant admits in civil proceedings the facts need not be proved
B. If a criminal defendant made a confession incriminating himself, such confessions are generally not admissible
C. Admissions a criminal defendant can be admissible if they are made before a judge, magistrate or a police officer in the rank of a chief inspector
D. Admission a defendant in civil proceedings is generally not admissible (1 mark)
27. Which one of the following statements is NOT accurate in regard to witnesses under the Kenya Evidence Act?
A. A witness called to produce a document is not a court witness
B. A witness called to produce a document is not a court witness therefore cannot be cross examined
C. A person called to produce a document cannot be cross examined, but can be questioned the prosecution counsel
D. None of the above (1 mark)
28. Which one of the following statements is NOT accurate in regard to exhibits?
A. All documents related to facts in issue are not exhibits
B. Exhibits are tangible items and forms of real evidence
C. Demonstrative evidence is a tangible evidence so it is also an exhibit
D. Demonstrative evidence is a tangible item but it is not an exhibit (1 mark)
29. In a common law jurisdiction like Kenya, which one of the following statements is NOT a reason that counsel can use to impeach a lay/eye witness opposing party’s witness.
A. The lay witness does not have personal knowledge of the facts in issue
B. The lay witness has a conflict of interest
C. The lay witness does not have technical skills and knowledge on the facts in issue
D. The witness is dishonest (1 mark)
30. One of the functions of a fraud examination or forensic audit to testify as an expert witness in court. Which one of the following statements is NOT accurate in regard to how a witness should conduct himself in a court of law while giving testimony?
A. A witness should refrain from arguing or confronting the defence counsel
B. The witnesses should ask counsel to rephrase a leading question
C. The witnesses should refuse to answer questions, where the appropriate answer would support the opposing side
D. The witness should not be seen to evade answering questions (1 mark)
31. Which one of the following statements is NOT accurate in regard to communication between an attorney and his client?
A. The client and advocate should keep their communications confidential
B. The purpose of the communications was to seek legal professional services
C. The advocate and client communication cannot be communicated to a third party
D. The advocate and client communication can be communicated to a third party for purposes of seeking legal support (1 mark)
32. Which one of the following is NOT accurate in regard to the trial phases in a civil trial in adversarial jurisdictions?
A. The pre conference phase
B. The trial phase
C. Sentencing
D. None of the above (1 mark)
33. In a criminal trial involving allegations of an organised financial crime, the prosecution introduces a document to illustrate relationship of transactions with several degrees of separation. Which one of the following terminologies refers that form of evidence?
A. Real evidence
B. Exhibit
C. Demonstrative evidence
D. Circumstantial evidence (1 mark)
34. During cross-examination, counsel can use several techniques. Which one of the following terms BEST describes the advocate’s technique for making the witness constantly agree with the defendant’s counsel?
A. Contradiction
B. Myopic vision
C. Sounding board
D. None of the above (1 mark)
35. Which one of the following statements is NOT accurate in regard to expert witness in adversarial jurisdictions?
A. An opposing expert witness cannot testify about the opinions of another expert
B. An expert witness can be appointed the court, to express an opinion on the expert witness opinion, called the parties to the litigation opinion
C. Witnesses are appointed the parties to the litigation
D. None of the above (1 mark)
36. Which one of the following statements is ACCURATE in regard to juries in legal trial process in the adversarial jurisdictions in civil and criminal trials?
A. In most common law jurisdictions, the jury verdict for criminal cases must be unanimous
B. In most common law jurisdictions, the jury verdict for serious civil cases must be unanimous
C. In most common law jurisdictions, the jury verdict must be unanimous, only for serious criminal cases
D. In most common law jurisdictions, the jury verdict for both civil cases and criminal must be unanimous
(1 mark)
37. A forensic auditor in his report stated that, he found that fifty million shillings have been misappropriated. To support the same, he said that, he found that the day the money was withdrawn from the account, a few days later, the suspect bought a very expensive vehicle that he could not explain the legitimate sources of the funds that he used to acquire the vehicle. Which one of the following phrases BEST refers to the evidence stated in the forensic audit report?
A. Exhibit-motor vehicle
B. Circumstantial evidence
C. Direct evidence
D. Real evidence (1 mark)
38. Which one of the following statements is NOT accurate in regard to civil litigation in Kenya?
A. The plaintiff counsel conducts examination in-chief of their witness
B. The defendant counsel cross examines the plaintiff witness
C. The prosecution counsel can re-examine the plaintiff witness on matters raised during cross examination
D. None of the above (1 mark)
39. Which one of the following statements is NOT accurate in regard to the rules of admissibility of evidence in adversarial jurisdiction?
A. The purpose of authentication requirement in most common law systems is to ensure that a document is not fictitious
B. The reason for not admitting hearsay evidence, in common law jurisdictions is because hearsay evidence is not reliable
C. Character evidence is inadmissible as evidence because it not relevant to the facts in issue
D. None of the above (1 mark)
40. Which one of the following terms refers to the type of examination conducted counsels of the parties to the litigation during pre-trial?
A. Cross-examination
B. Re-examination
C. Oral/written testimony
D. None of the above (1 mark)
41. Which one of the following statements, in regard to burden of proof in civil trial is ACCURATE?
A. In adversarial jurisdictions the burden of proof is with the defendant
B. In the adversarial jurisdictions, the burden of proof is with the prosecution
C. In inquisitorial jurisdictions the parties to the litigation have the burden of proof
D. None of the above (1 mark)
42. Which one of the following statements is NOT accurate in regard to criminal defendant’s testimony in both the inquisitorial and adversarial jurisdictions?
A. In civil law jurisdictions, criminal defendants are required to provide testimony, if so directed the court
B. In adversarial jurisdictions, criminal defendants are required to provide testimony, if so directed the court
C. In adversarial judicial processes, criminal defendants have a right to remain silent
D. In civil law jurisdictions, criminal defendants do not have a right to remain silent (1 mark)
43. Which one of the following statements is NOT accurate in regard to civil trial court of appeal in the adversarial jurisdiction?
A. The appellate court can determine only issues of law
B. The winning party in a civil trial can also appeal against the judgement
C. The appellate court cannot determine issues of evidence
D. In a civil trial, in adversarial jurisdictions, it is only the losing party that can appeal against liability
(1 mark)
44. Which one of the following statements is ACCURATE in regard to testimonial and documentary evidence in the adversarial jurisdictions?
A. Adversarial jurisdictions favour documentary evidence over testimonial evidence
B. Adversarial jurisdiction favour documentary evidence because all documents are exhibits and give more weight to the evidence
C. Adversarial jurisdiction cannot admit character evidence for conviction purposes but can apply character evidence for sentencing
D. None of the above (1 mark)
45. Under the Kenya Evidence Act, which one of the following statements is ACCURATE?
A. Oral direct evidence is a form of real evidence provided a witness with firsthand information of the facts in issue
B. Oral direct evidence is a form of direct evidence provided a witness with firsthand information of the facts in issue
C. Oral direct evidence is a form of circumstantial evidence provided a witness with firsthand information of the facts in issue
D. Oral direct evidence is a form of exhibit provided a witness with firsthand information of the facts in issue (1 mark)
46. Which one of the following statements is NOT accurate in regard to cross-examination?
A. During cross-examination in adversarial jurisdictions, it is a general rule for the opposing counsel to cross- examine an expert witness asking questions that will support the defence
B. During cross-examinations in adversarial jurisdictions, it is a general rule for opposing counsel to cross- examine an expert witness asking leading questions where the answer can be yes or no
C. During cross-examinations in adversarial jurisdictions, it is a general rule for opposing counsel to cross- examine an expert witness asking leading questions where the answer can only be yes
D. None of the above (1 mark)
47. Which one of the following statements in regard to admissibility of evidence in fraud criminal trials is NOT
accurate?
A. Physical evidence that is relevant to the facts in issue must be properly authenticated as a requirement for admission to evidence
B. Adversarial jurisdictions tend to have more stringent requirements for admissibility of evidence in criminal trials than civil trials
C. The objective of restrictions on admissibility of evidence, is to ensure that both defendant and prosecution get fair trial
D. The objective of restrictions on admissibility of evidence, is to ensure that the defendant gets a fair trial
(1 mark)
48. Which one of the following statements in regard to admissibility of evidence is ACCURATE?
A. Evidence that is relevant and reliable, is always admissible in trial proceedings
B. In adversarial jurisdictions, relevant evidence to prove other facts in issue will be admissible to prove facts in issue in a trial proceeding
C. Evidence that is relevant and reliable can be inadmissible in trial proceedings, if the evidence is not relevant to the facts in issue
D. None of the above (1 mark)
49. Which one of the following statements is ACCURATE in regard to the standard of proof in a fraud or corruption trial in Kenya’s jurisdiction?
A. The evidence must pass the test of reasonable doubts that might be presented the defence
B. Evidence presented must be on balance of probability
C. The prosecution evidence must have more weight than that of the defence
D. None of the above (1 mark)
50. In the adversarial jurisdictions, relevance and admissibility are basic principles of evidence. Which one of the following evidences is NOT admissible?
A. Real evidence that is relevant to prove other facts, associated with the facts in issue
B. Exhibits that are relevant to the facts in issue
C. Direct oral evidence a witness
D. None of the above (1 mark)
51. Which one of the following scenarios would NOT result to waiver of a client’s legal professional privilege over confidential communication with his attorney?
A. The client’s counsel shares privileged communication with a consulting expert
B. The client intentionally shares privileged communication with an unrelated third party who has no legitimate interest in the matter
C. The client accidently forwards an email with privileged information to unrelated third parties who have no need to know the information.
D. All of the above (1 mark)
52. Which one of the following statements is NOT accurate in regard to expert witnesses in inquisitorial jurisdictions?
A. In inquisitorial jurisdiction the court appoints the primary expert witness
B. In inquisitorial jurisdiction the parties to the litigation can appoint their own expert witnesses
C. In inquisitorial jurisdiction the party’s expert witnesses cannot question the court appointed expert witness
D. In inquisitorial jurisdiction the party’s expert witnesses cannot cross examine the court appointed expert witness (1 mark)
53. Vicky is a suspect in an ongoing investigation in civil law jurisdiction, that will likely end up in civil litigation. Vicky unknowingly shredded the original documents that were relevant to the facts in issue. Which one of the following statements is NOT accurate?
A. Vicky violated her duty to preserve relevant documents because litigation was reasonably anticipated
B. Vicky did not violate her duty to preserve relevant documents because the court had not advised when to preserve the documents
C. Vicky did not violate her duty to preserve relevant documents because it is not the duty of the parties to the litigation to decide which documents to be preserved and at what point
D. All the above (1 mark)
54. Which one of the following statements is NOT accurate in regard to evidence under the Kenya Evidence Act (CAP 80)
A. The evidence act shall not apply to all judicial proceedings in or before any court
B. The evidence act shall not apply to the Kadhi’s court
C. The evidence act shall not apply to arbitration and tribunals
D. None of the above (1 mark)
55. Which one of the following statements under the Kenya evidence Act is NOT accurate?
A. Confession a co-accused implicating himself is admissible as evidence against the criminal defendant
B. Confession a suspect will not be admissible if it is made before any investigative officer
C. Confession a co-accused implicating himself is not admissible as evidence against the criminal defendant
D. None of the above (1 mark)
56. Which one of the following statements is ACCURATE in regard to evidence in a corruption case?
A. Most of the corruption cases are proved with exhibits
B. A person who has personal knowledge of the facts in issue and is not a beneficiary of the offence can be a good fact witness to give oral direct evidence in a corruption case
C. Most of the corruption cases are proved through circumstantial evidence
D. None of the above (1 mark)
57. Which one of the following questions BEST exemplifies a leading question that the prosecution counsel is not allowed to ask an expert witness during examination in chief”
A. “How did you link the defendant with the offence?”
B. “You found exhibits incriminating the suspect, is that right?”
C. “Could you please explain how the bribes were given?”
D. None of the above (1 mark)
58. Which one of the following statements is NOT accurate in regard to examination in chief and re- examination court processes in non- adversarial jurisdictions?
A. Examination in chief court process is adversarial questioning that aims at exposing the facts of the case with the court
B. Re-examination court process is non-confrontational questioning that aims at exposing the facts of the case with the court, after cross examination
C. Re- examination court process is non adversarial questioning that is conducted prosecution counsel
D. None of the above (1 mark)
59. Which one of the following statements is NOT accurate in regard to questions that defence counsel can ask during cross examination?
A. Unlike the prosecution counsel, the defence counsel can ask leading questions during cross examination
B. Defence counsel can ask leading questions after re-examination the prosecution counsel
C. Defence counsel can only ask leading questions during cross examination
D. Defence counsel can ask closed questions during cross examination (1 mark)
60. Which one of the following statements is ACCURATE in regard to examination in chief phase of a court proceeding?
A. During examination in chief, the prosecution is not allowed to ask the prosecution witness narrative questions
B. During examination in chief the prosecution is not allowed to ask the prosecution witness closed questions
C. During examination in chief, the expert witness should establish the facts of the case responding to all the open ended and narrative questions
D. During the examination in chief, the expert witness can avoid responding to questions that might support the defence case (1 mark)
61. Hearsay evidence is generally not admissible in Kenya. However, there are some exceptions to the hearsay rule. Which one of the following documents is an exemption of the hearsay rule?
A. Statements against interest
B. An affidavit
C. Financial statements
D. None of the above (1 mark)
62. Which one of the following documents is NOT a hearsay document?
A. Financial statements
B. Reconciliation statement
C. Data analysis reports
D. A receipt journal (1 mark)
63. In the adversarial jurisdictions, evidence can be excluded because of lack of reliability. Which one of the following rules is NOT a special rule in relation to reliability of evidence?
A. Rule against testimony opinion
B. Rule against character evidence
C. Rule against hearsay evidence
D. Rule of primary documentary evidence (1 mark)
64. In adversarial jurisdictions like Kenya, documentary evidence can be excluded because of lack of reliability. Which one of the following rules is related to admissibility of documentary evidence and is an element of chain of custody?
A. The rule of certification of documents
B. Rule against character evidence
C. The best rule of – producing the original document
D. None of the above (1 mark)
65. Which one of the following statements is INACCURATE in regard to admissibility of electronic evidence under the Kenya Evidence Act?
A. In any legal proceedings, electronic messages and digital materials will be admissible as evidence
B. Electronic evidence is required to be authenticated to be admissible as evidence
C. Electronic evidence must be relevant, in regard to how the electronic digital evidence was generated, stored and communicated
D. None of the above (1 mark)
66. Which one of the following statements is NOT accurate in regard to admissibility of character evidence in fraud or corruption criminal proceedings?
A. In criminal trials in Kenya’s jurisdiction, character witness may testify to the defendant’s fraudulent and corrupt character as evidence to prove the facts in issue
B. In criminal trialsin Kenya’s jurisdiction, the defendant character witness may not testify to the defendant’s good character based on specifics
C. In criminal trials in Kenya jurisdiction, character witness cannot testify to the defendant’s fraudulent and corrupt character as evidence to prove the facts in issue
D. None of the above (1 mark)
67. Which one of the following statements is NOT accurate in regard to the role of the legal counsels of the parties to the litigation in Kenya during fraud trial court proceedings?
A. The prosecution counsel conducts the questioning of their own witness during trial
B. The defence counsel conducts the cross examination of the opposing witnesses during trial
C. The counsels cross examine their own witnesses
D. None of the above (1 mark)
68. Which one of the following statements is NOT accurate in regard to a criminal fraud trial in a common law jurisdictions?
A. The prosecution must serve the defendant with evidence that tends to explain the defendant ‘guilt away and also evidence incriminating the defendant
B. The main objective of the prosecution in a fraud criminal judicial proceeding is not to ensure that the criminal defendant is convicted
C. The main objective of the prosecution in a fraud criminal court proceeding is ensure justice
D. In a criminal fraud trial, the defendant has the burden to prove that they did not commit the fraud (1 mark)
69. Which one of the following statements is NOT accurate in regard to documentary evidence?
A. Any document associated with the facts in issue is real evidence to prove the facts in issue
B. Financial statements are hearsay evidence and cannot be introduced as an exhibit to prove misrepresentation of the financial performance of the organisation
C. Bank statements of a suspect accused of corruption that show that the suspect deposited substantial amount of money in his account just around the same time of the alleged corruption is not real evidence
D. An eye witness testimony statement is not a form of real evidence (1 mark)
70. Brown, a fraud suspect in the inquisitorial jurisdiction provides a written confession statement in a fraud case. Which one of the following statements is NOT accurate in relation to prosecution evidence?
A. Brown’s confession is not real evidence
B. Brown’s confession is not circumstantial evidence
C. Brown’s confession is direct evidence
D. Brown’s confession is equivalent to a guilty plea in adversarial jurisdictions (1 mark)
71. Which one of the following statements in regard to questioning of expert witness in Kenyan courts is NOT
accurate?
A. The questioning of the expert witness is conducted the parties to the litigations
B. The questioning of the expert witness is conducted during examination in chief and cross examination
C. The questioning of the expert witnesses is conducted only during cross examination the defence counsel
D. None of the above (1 mark)
72. Which one of the following statements is ACCURATE in regard to an eye witness testimony?
A. The eye witness testimony must be oral direct evidence, based on personal knowledge
B. The eye witness testimony must be based on technical knowledge of the facts being litigated
C. The eye witness testimony can be based on information provided another person who has personal knowledge of the facts in issue
D. The eye witness testimony must be oral and written direct evidence (1 mark)
73. Which one of the following statements is NOT accurate in regard to the expert witness report or statement?
A. The prosecution expert witness statement cannot be discovered the defence before trial
B. The expert witness statement is not protected professional legal privileges
C. The expert witness statement must include the basis of the expert witness conclusion
D. The expert witness statement must include the expert witness qualifications and experience on the facts being litigated (1 mark)
74. Which one of the following stages is part of the three stages of a criminal proceeding in civil law jurisdiction?
A. Cross examination
B. The trial phase
C. Oral written examination
D. Direct examination (1 mark)
75. Which one of the following statements is ACCURATE in regard to expert witness and the trial process in Kenya’s jurisdiction?
A. The cross examination trial process is conducted the parties to the litigation
B. The cross-examination can only be conducted the defence counsel
C. The examination- in chief of the trial process is conducted the parties to the litigation (1 mark)
D. None of the above
76. Which one of the following statements is NOT accurate in regard to re-examination?
A. Defence counsel can re-examine the expert witness after examination in chief
B. The prosecution will first consider, whether conducting re-examination will support their side of the case or weaken the case during cross examination
C. Defence counsel can cross examine the expert witness after re-examination
D. The prosecution counsel can re-examine the expert witness after cross examination (1 mark)
77. In common law jurisdictions, which one of the following parties may access the full evidentiary record prior to the trial phase of a criminal proceedings?
A. The parties to the criminal proceedings
B. The prosecution only
C. The court
D. None of the above (1 mark)
78. Joe is being prosecuted for fraud and abuse of office in Kenya. In his defence, Joe calls a witness to testify to his good character. Which one of the following statements is NOT accurate in regard to character evidence?
A. Joe’s character witness is a court witness
B. Joe’s character witness is not direct oral testimonial evidence
C. Character witness evidence for the defendant’s bad character is not admissible to prove the facts in issue
D. Joe’s character witness is not a court witness (1 mark)
79. Which one of the following statements is NOT accurate in regard to expert testimony in Kenya and other adversarial judicial proceedings?
A. Expert testimony is oral direct evidence
B. Expert testimony is an expert opinion based on specialised skills and knowledge
C. Expert testimony assists the judge to determine evidence of technical facts in issue
D. Expert testimonial is not oral direct evidence (1 mark)
80. In adversarial jurisdictions like Kenya, which one of the following is NOT a question that must be asked to determine whether an expert may testify in court?
A. Does the expert have technical skills in the subject matter being litigated
B. Does the expert have specialised training or professional qualification on the subject matter being litigated
C. Does the expert have advanced training in the subject matter being litigated
D. Is the expert witness suitable to testify in court of law as a witness (1 mark)
81. Which one of the following phrases BEST describes the standard of proof for civil suits in Kenya’s jurisdictions?
A. Beyond reasonable doubts
B. More likely than not
C. Preponderance of evidence
D. None of the above (1 mark)
82. Which one of the following statements concerning the criminal discovery process in adversarial jurisdictions like Kenya is ACCURATE?
A. Both prosecution and defence are not entitled to the attorney’s work prepared for litigation purposes
B. Both prosecution and defence are allowed to request for all information from each other during pre-trial
C. A party to the litigation may be allowed to introduce documents relevant to the facts in issue, which were not served to the opposing party during pre-trial
D. None of the above (1 mark)
83. Which one of the following statements concerning judges and juries in common and civil law jurisdictions is NOT
accurate?
A. Inquisitorial judicial processes use juries as fact-finders only in serious criminal cases
B. In a bench trial, in adversarial jurisdictions, the judge cannot determine both issues of facts and law
C. In civil law jurisdictions judges can determine issues of facts and law, both at the high court and court of appeal
D. None of the above (1 mark)
84. Which one of the following evidences is a type of real evidence that the prosecution can produce to prove bribery in adversarial jurisdictions?
A. The defendant’s bank statements, showing unexplained deposits
B. A witness statement
C. A guilty plea
D. Unexplained assets owned the criminal defendant (1 mark)
85. Which one of the following parties may serve as a fact finder in serious criminal proceedings in inquisitorial jurisdictions?
A. A panel of juries
B. A panel of judges
C. A panel of lay and legal judges
D. None of the above (1 mark)
86. Which one of the following statements is NOT accurate in regard to relevant evidence?
A. For evidence to be admissible, it must be relevant to the alleged offence
B. For evidence to be admissible it must be relevant to the alleged offence and other related offences
C. Relevant evidence is either inculpatory or exculpatory
D. None of the above (1 mark)
87. Which one of the following statements is ACCURATE in regard to legal professional privileges?
A. Legal professional privileges commence after the legal proceedings have begun during pre-trial
B. Legal professional privileges commence immediately litigation is reasonably anticipated
C. Legal professional privileges commence during trial
D. All the above (1 mark)
88. Which one of the following statements is ACCURATE in regard to an expert witness in a fraud criminal proceeding in Kenya’s jurisdiction?
A. The court can appoint an expert witnesses to express an opinion on the prosecution expert witness opinion
B. The expert witnesses owe a duty to the parties that retained them for purposes of criminal proceedings
C. The court cannot appoint an expert witnesses in adversarial jurisdictions
D. None of the above (1 mark)
89. Which one of the following evidences is NOT a type of circumstantial evidence that the prosecution can produce to prove bribery in adversarial jurisdictions?
A. The defendant’s bank statements showing unexplained deposits
B. A witness statement
C. Unexplained assets owned the criminal defendant
D. None of the above (1 mark)
90. Hearsay evidence is generally NOT admissible Kenya. Which one of the following evidences is an example of a hearsay evidence?
A. Statements against interest
B. A document that directly took part in the commission of the offence
C. An affidavit, that was prepared for a purpose
D. An oral direct evidence a witness (1 mark)
91. Which one of the following exhibits can be used in a bribery case?
A. A cancelled check paid to a government official a contractor
B. A witness testifying that they paid a bribe to the government official
C. The accused bank statement with deposits that the suspect cannot explain the legitimate sources of the funds
D. All the above (1 mark)
92. Which one of the following statements is ACCURATE in regard to documents that can be introduced in court as exhibits to prove a fraud case?
A. Documents that can be introduced as exhibits to prove a fraud case are those that were in existence before litigation was anticipated
B. Documents that were prepared after litigation was anticipated can be introduced as exhibits to prove a fraud case
C. Documents that are prepared for purposes of court proceedings can be introduced as exhibits to prove a fraud case
D. None of the above (1 mark)
93. Which one of the following statements is NOT accurate in regard to evidence?
A. Kenya has a separate law of evidence which is a type of procedural law
B. The evidence Act applies to tribunal proceedings because tribunals are quasi-judicial courts
C. The Evidence Act applies to all judicial proceedings
D. The evidence Act does not apply to tribunal proceedings, though tribunals are quasi-judicial courts
(1 mark)
94. Robby, a fraud suspect, enters into a plea bargaining agreement with the prosecution. Which one of the following statements is ACCURATE in regard to evidence?
A. Robby’s guilty plea can be entered as direct evidence
B. Robby’s guilty plea can be entered as oral direct evidence
C. Robby’s guilty plea is cannot be entered as confession evidence
D. None of the above (1 mark)
95. Which one of the following statements is NOT accurate in regard to testimonial evidence in Kenya?
A. Testimonial evidence include oral direct testimony, corroborative testimony and expert witness testimony
B. Oral direct testimony is given an eye witness
C. Oral direct testimony can be given an expert witness
D. None of the above (1 mark)
96. Which one of the following statements is MOST accurate in regard to confession in Kenya’s Jurisdiction?
A. A confession is not a form of real evidence
B. A confession is a type of direct evidence
C. A confession is generally not acceptable in Kenya’s jurisdiction
D. A confession is an oral direct testimony (1 mark)
97. Which one of the following statements in regard to criminal bargaining agreement is ACCURATE?
A. Criminal bargaining agreement is not part of the criminal justice system
B. Criminal bargaining agreement procedure is governed the criminal procedure code
C. Criminal bargaining agreement procedure is governed the criminal procedures plea bargaining rules 2021
D. Criminal bargaining agreement procedure is governed the evidence act (1 mark)
98. Flora is being prosecuted in Kenya for fraudulent financial reporting. Which one of the following evidences is NOT
a type of direct evidence that the prosecution can produce to prove fraudulent financial reporting?
A. False invoices entered into the books of account to overstate revenue
B. An accomplice testimony implicating himself and the accused person
C. An eye witness who can provide oral direct evidence based on personal knowledge of the facts in issue
D. Books of account (1 mark)
99. Redmond, a Certified Fraud Examiner, is testifying in court as an expert witness in an adversarial jurisdiction. During cross-examination, opposing counsel, asks Redmond, “Is it true, do you agree with me’? Which one of the following statements in regard to such questions is ACCURATE?
A. Redmond should answer the question accordingly
B. Redmond should request counsel to rephrase the question if they did not understand the question
C. Redmond should request counsel to rephrase the question and avoid answering the leading question
D. Redmond should refuse to answer the question and ask counsel another question (1 mark)
100. The authentication rules also apply to digital evidence and computer records. Which one of the following statements is ACCURATE in regard to authentication of computer records?
A. The digital records must be accompanied a written certification the database administrator
B. The digital records are self-authenticating, therefore, there is no need for further authentication
C. The digital records can be authenticated the person who created the document
D. The digital records can be authenticated the person who entered the record into the system (1 mark)
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