CERTIFIED FORENSIC FRAUD EXAMINER (CFFE) MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
THURSDAY: 24 April 2025. Afternoon Paper. 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 fifty (50) marks. Marks allocated to each question are indicated at the end of the question.
SECTION I (50 MARKS)
1. Which one of the following statements is NOT accurate in regard to an expert testimony in a criminal construction fraud trial in Kenya’s jurisdiction?
A. The expert witness must have expertise in construction
B. The expert witnesses must have formal qualifications in the field of construction
C. The expert must have personal knowledge of the facts in issue
D. The expert witness must be able to help the court to interpret the technical facts of the case (1 mark)
2. Which one of the following statements is NOT accurate in regard to parallel proceedings in a fraud or corruption case?
A. The parallel proceedings are based on the same facts in issue
B. The parties to the litigation and criminal proceedings are the same in parallel proceedings
C. Parallel proceedings can involve civil, criminal and administrative trials
D. The parties to the litigation and criminal proceedings are not the same in parallel proceedings (1 mark)
3. Which one of the following statements is NOT accurate in regard to documentary evidence?
A. Only documents that directly take part in commission of the offence can be introduced as exhibits
B. Documents are generally hearsay evidence
C. An affidavit is a hearsay evidence
D. Bank statement of a suspect is hearsay evidence (1 mark)
4. Which one of the following statements is ACCURATE in regard to bank statements of a bribery suspect?
A. The bank statements can directly prove bribery
B. The bank statements are hearsay evidence
C. The bank statements can be used as exhibits to prove bribery
D. The bank statements are circumstantial evidence (1 mark)
5. Which one of the following statements is NOT accurate in regard to the law of evidence in both common and civil law legal systems?
A. Most adversarial jurisdictions like Kenya have a separate law of evidence
B. Civil law legal systems do not have separate law of evidence
C. The law of evidence governs the admissibility of evidence in all legal proceedings
D. Civil law courts can admit all evidence (1 mark)
6. Which one of the following statements is ACCURATE in regard to guilty plea and admission?
A. A guilty plea is the same as an admission
B. A guilty plea is not the same as admission
C. A guilty plea is oral direct testimonial evidence
D. A guilty plea is confession evidence (1 mark)
7. Which one of the following statements is ACCURATE in regard to direct testimonial evidence in Kenya?
A. There can be several witnesses to give oral direct evidence
B. The evidence is presented in form of a written statement
C. There are several types of oral direct evidence
D. None of the above (1 mark)
8. Which one of the following statements is ACCURATE in regard to expert opinion in fraud civil litigation?
A. An expert opinion must be in form of real evidence
B. An expert opinion is required in civil fraud cases
C. The expert witness must have direct personal knowledge of the facts in issue
D. Expert opinion is not required in civil fraud litigation (1 mark)
9. Which one of the following statements is ACCURATE in regard to confessions in civil law jurisdictions?
A. Confession is real evidence
B. Confession is direct evidence
C. Confession is a direct testimonial evidence
D. Confession evidence is an exhibit (1 mark)
10. Which one of the following statements is ACCURATE in regard to cross examination of expert witnesses in Kenya during a fraud criminal proceeding?
A. The questioning of the expert witness is conducted the judge
B. The questioning of the expert witness is conducted the defence counsel only
C. The questioning of the expert witnesses is conducted the parties to the criminal proceedings
D. The questioning of the expert witness is conducted the prosecution counsel only (1 mark)
11. Which one of the following statements BEST describes oral direct evidence?
A. Oral direct evidence is presented an eye witness
B. Oral direct evidence is presented an expert witness
C. Oral direct evidence requires expertise on the facts in issue
D. Oral direct evidence is presented in form of a written statement (1 mark)
12. Which one of the following statements is ACCURATE in regard to criminal bargaining agreement in criminal justice system?
A. Bargaining agreement has experienced a lot of opposition in the common law jurisdictions in the recent years
B. Bargaining agreement is practiced more in the inquisitorial jurisdictions than in the adversarial jurisdictions
C. Bargaining agreement is an efficient method of disposing criminal cases
D. None of the above (1 mark)
13. Which one of the following statements is ACCURATE in regard to professional legal privileges for an expert witness statement?
A. The expert witness statement is not protected professional legal privileges
B. The expert witness statement is protected professional legal privileges
C. The expert witness statement is a confidential communication with the legal counsel and therefore protected professional legal privileges
D. None of the above (1 mark)
14. The second stage of a criminal proceeding in civil law jurisdictions is .
A. investigative phase
B. trial phase
C. examination phase
D. none of the above (1 mark)
15. Parties to a criminal proceeding in cross examination are .
A. the defence counsel and expert witness
B. the prosecution and the criminal defendant
C. the defence counsel and prosecution
D. the expert witness and prosecution (1 mark)
16. Which one of the following statements is ACCURATE in regard to the parties to a criminal proceeding during direct examination?
A. The prosecution and expert witness
B. The prosecution and the criminal defendant
C. The defence counsel and prosecution
D. The expert witness and prosecution (1 mark)
17. Which one of the following types of evidence may be inadmissible because of lack of reliability?
A. Character evidence
B. Eye witness evidence
C. Expert opinion
D. None of the above (1 mark)
18. The type of examination conducted after cross examination is called .
A. cross-examination
B. re-examination
C. oral- examination
D. written testimony (1 mark)
19. Which one of the following statements is ACCURATE in regard to burden of proof in criminal trials in adversarial and inquisitorial jurisdictions?
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, both parties to criminal proceedings have the burden of proof
D. In inquisitorial jurisdictions, the plaintiff has the burden of proof (1 mark)
20. Which one of the following statements is NOT accurate in regard to criminal defendant’s rights during a criminal trial proceeding?
A. In adversarial judicial proceedings, criminal defendants have a right to remain silent
B. In inquisitorial law jurisdictions, criminal defendants do not have a right to remain silent
C. In adversarial judicial processes, criminal defendants are expected to testify if so directed the court
D. None of the above (1 mark)
21. Which one of the following statements is NOT accurate in regard to 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. A plaintiff awarded damages the high court cannot file an application with the court of appeal
(1 mark)
22. Which one of the following statements is NOT accurate in regard to relevant evidence in the adversarial jurisdictions?
A. Not all relevant evidence is admissible in a court of law
B. Relevant evidence may be inadmissible if it is not relevant to the facts in issue
C. Relevant evidence may be inadmissible if it is prejudicial
D. All relevant evidence is admissible in a court of law (1 mark)
23. Which one of the following statements is ACCURATE in regard to the rules of evidence in Kenya?
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)
24. Which one of the following statements is ACCURATE in regard to opposing counsel’s general rule?
A. It is the general rule for the opposing counsel to elicit as much information as possible from the expert witness
B. It is a general rule for opposing counsel to ask leading questions to make the witness a sounding board
C. It is a general rule for opposing counsel to seek answers from the expert witness on technical matters
D. It is a general rule for opposing counsel to create a force sense of security (1 mark)
25. Which one of the following statements is NOT accurate in regard to authentication and admissibility of evidence?
A. Document evidence that is relevant to the facts in issue must be properly authenticated to be admissible in court
B. The objective of authentication is to ensure that a document is not forgery
C. The objective of authentication is to ensure that both defendant and prosecution gets fair trial
D. A document that is relevant to the facts in issue must be produced in court as a means of authenticating the document (1 mark)
26. Which one of the following statements is NOT accurate in regard to the rule of admissibility?
A. For evidence to be admissible it must be legally obtained
B. For tangible evidence to be admissible it must be properly authenticated
C. For testimonial evidence to be admissible it must be properly authenticated
D. Only tangible evidence require authentication (1 mark)
27. Which one of the following statements BEST describes inner conviction of the judge?
A. The evidence must pass the test of reasonable doubts that might be presented the defense
B. Evidence presented must be on balance of probability
C. The judge’s determination is based on the weight of the evidence
D. None of the above (1 mark)
28. Which one of the following evidence for fraud cases is NOT admissible in adversarial jurisdiction like Kenya?
A. Direct evidence that are relevant to prove other facts related to 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)
29. Which one of the following statements is NOT accurate in regard to waiver of legal professional privileges?
A. The privilege is waived if the client’s counsel shares privileged communications with a consulting expert
B. The privilege is waived if the client intentionally shares privileged communications with a third party who has no legitimate interest in the matter
C. The privilege is waived if the client accidently forwards an email with privileged information to third parties who have no need to know the information.
D. None of the above (1 mark)
30. Which one of the following statements is NOT accurate in regard to the rights of those accused of crimes in criminal justice system?
A. An accused person is presumed liable if the evidence is beyond reasonable doubt
B. A person accused of a crime is not liable until proven guilty a court of law
C. A person accused of a crime has right to be tried without undue delay
D. A person accused of a crime has right to examine a defence witness (1 mark)
31. Which one of the following statements is NOT accurate in regard to cross-examination and questioning in inquisitorial jurisdictions?
A. Inquisitorial jurisdictions do not feature cross examination of the court expert witness
B. In most inquisitorial jurisdictions, the defense witness can question the court appointed expert
C. In most inquisitorial jurisdictions, the defense witness can cross examine the court appointed expert
D. In most inquisitorial jurisdictions, the judge cannot cross examine the court appointed witness (1 mark)
32. Which one of the following jurisdictions can the parties to the litigation access full evidentiary record at the outset of a criminal proceedings?
A. Civil law jurisdictions
B. Common law jurisdictions
C. Federal jurisdictions
D. Unitary jurisdiction (1 mark)
33. Which one of the following statements is ACCURATE in regard to character evidence in adversarial jurisdictions?
A. Character evidence is direct testimonial evidence
B. Character evidence is circumstantial evidence
C. Character evidence is admissible in court of law
D. Character witness cannot be cross examined (1 mark)
34. Which one of the following statements is an example of real evidence in a fraud case?
A. Fraudulent invoice used to demand payment from an organisation
B. Fraudulent financial statements
C. An analysis of receipts against bank deposits
D. A link net diagram (1 mark)
35. Which one of the following situations BEST illustrates testimonial evidence in a fraud trial?
A. A forensic accountant explaining their findings in court
B. A signed contract proving a fraudulent transaction
C. CCTV footage showing the accused accepting a bribe
D. A digital forensic report analysing suspicious transactions (1 mark)
36. Which one of the following statements is NOT accurate in regard to impeachment of an expert witness on claims of lack of expertise?
A. The expert witness does not have formal education
B. The expert witness does not have the necessary experience
C. The expert witness does not have personal knowledge in the matters being litigated
D. None of the above (1 mark)
37. Which one of the following statements BEST describes Kenya Evidence Act type of law?
A. The evidence Act is a substantive law
B. The evidence Act is a procedural law
C. The evidence Act is neither a substantive nor procedural law
D. None of the above (1 mark)
38. Which one of the following statements is ACCURATE in regard to discovery of evidence in criminal proceedings in adversarial jurisdictions like Kenya?
A. Defense may request for all information the prosecution will use in court
B. Prosecution may request for all information the defence will use in court
C. Both the prosecution and defence may request for all tangible evidence that will be produced in court
D. Both the prosecution and defence may request for all documents prepared in anticipation for court proceedings (1 mark)
39. Which one of the following statements is NOT accurate in regard to witness called to produce a document in court in adversarial jurisdictions?
A. A witness called to produce a document is not a court witness
B. A witness called to produce a document is a court witness
C. A person called to produce a document can be questioned the defense counsel
D. A witness called to produce a document can be cross examined (1 mark)
40. Which one of the following statements is NOT accurate in regard to documentary tangible evidence?
A. Documents relevant to the facts in issue are tangible evidence
B. Real evidence is a type of tangible evidence
C. Demonstrative evidence is a tangible evidence, but it is not a documentary evidence
D. All documents related to the facts in issue are exhibits (1 mark)
41. Which one of the following statements is NOT accurate in regard to impeachment of an eye witness?
A. The eye witness does not have personal knowledge of the facts in issue
B. The eye witness has a conflict of interest
C. The eye witness does not have formal training on the facts in issue
D. The witness has previously made contradictory statements (1 mark)
42. Which one of the following statements is NOT accurate in regard to answering questions when testifying in court?
A. A witness should not respond to all questions accordingly
B. A witnesses should not evade answering questions
C. A witness should evade answering leading questions
D. A witness should avoid answering leading questions (1 mark)
43. Which one of the following concepts refers to tangible document that is not an exhibit?
A. Direct evidence
B. Demonstrative evidence
C. Circumstantial evidence
D. Link analysis (1 mark)
44. Which one of the following statements BEST describes the advocate’s objective of asking personal questions that are not relevant to the facts in issue?
A. It is for purposes of making the witness angry and declare him hostile witness
B. It is for purposes of trying to discredit the witness
C. It is for purposes of impeaching the witness
D. None of the above (1 mark)
45. Which one of the following categories of evidence describes an expert witness statement?
A. Demonstrative evidence
B. Circumstantial evidence
C. Written testimonial evidence
D. None of the above (1 mark)
46. The following questions are allowed during direct examination, EXCEPT .
A. open ended questions
B. narrative questions
C. leading questions
D. closed questions (1 mark)
47. The jurisdiction where evidence is discovered during trial is .
A. civil law jurisdiction
B. inquisitorial jurisdiction
C. adversarial jurisdiction
D. civil justice system (1 mark)
48. Which one of the following statements is ACCURATE in regard to questioning of witnesses in adversarial jurisdictions?
A. The questioning is conducted the parties to the litigation
B. The questioning is conducted the judge
C. The questioning is conducted both the judge and the parties to the litigation
D. The questioning is conducted the legal representatives (1 mark)
49. Which one of the following statements is ACCURATE in regard to role of a court appointed expert in Kenya’s Jurisdiction?
A. A court appointed expert provides expert opinion in court
B. A court appointed expert express opinion on another expert’s opinion
C. A court appointed expert provides circumstantial evidence in court
D. A court appointed expert provides direct testimonial evidence in a court of law (1 mark)
50. Which one of the following statements BEST describes strict burden of proof in civil litigation?
A. In strict burden of proof, both parties to the litigation has the burden to prove their side of the case
B. In strict burden of proof, the plaintiff has the burden to prove their side of the case
C. In strict burden of proof, the defendant has the burden to prove their side of the case
D. None of the above (1 mark)
SECTION II (50 MARKS)
51. (a) Explain TWO forms of direct evidence in fraud criminal proceedings in Kenya’s jurisdiction. (4 marks)
(b) (i) Explain the meaning of an exhibit. (1 mark)
(ii) Identify TWO examples of an exhibit in fraudulent disbursements case. (2 marks)
(c) (i) Explain the meaning of circumstantial evidence. (1 mark)
(ii) Identify TWO examples of circumstantial evidence in a bribery case. (2 marks)
(d) Explain TWO contents of an expert witness statement in a fraud case. (4 marks)
(e) Explain THREE reasons why evidence may not be admissible in court of law in common law jurisdiction. (6 marks)
(Total: 20 marks)
52. Discuss THREE basic principles of evidence and give one example under each that could make evidence inadmissible in a court of law. (Total: 15 marks)
53. (a) Describe how unauthenticated evidence, though admissible in civil law jurisdictions effect the evidence.
(2 marks)
(b) Summarise TWO types of evidence that are not admissible in adversarial jurisdictions court proceedings.
(4 marks)
(c) Explain TWO types of evidence that can be admissible in inquisitorial court proceedings but not in adversarial court proceedings. (4 marks)
(Total: 10 marks)
54. Identify FIVE reasons why relevant evidence may not be admissible in a court of law in adversarial jurisdictions like Kenya. (Total: 5 marks)
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