CFFE – Overview of The Legal and Justice System April 2022 Past Paper with answers

KASNEB CFFE MODULE I
PAPER NO.3: OVERVIEW OF THE LEGAL SYSTEM AND JUSTICE SYSTEMS
EXAMINATION

 

Answer ALL questions. Time allowed: 3 Hours.

1. In both the common and civil law jurisdictions, the burden of proof for civil trials are:

A. Preponderance of evidence and inner conviction of the judge respectively
B. Beyond reasonable doubt and standard of proof respectively
C. In both legal systems, the burden of proof is inner conviction of the judge.
D. Preponderance of evidence and beyond reasonable doubt respectively

2. Civil law does not feature prosecutorial bargaining

A. True
B. False

3. Which of the following statements in relation to, parties making peremptory challenges to eliminate the jurors is most ACCURATE?

A. Most civil and common law countries that use juries, the parties may make peremptory challenges to eliminate the jurors.
B. Most civil law countries that use juries, the parties may make peremptory challenges to eliminate the jurors.
C. Most common law countries that use juries, the parties may make peremptory challenges to eliminate the jurors.
D. Most common law countries that use juries, the parties cannot make peremptory challenges to eliminate the jurors.

4. Which of the following statements concerning the United Nations’ International Convention on Civil and Political Rights (ICCPR) is CORRECT?

A. It states that everyone accused of a crime is presumed innocent until proven guilty according to the law
B. It states that the right of the accused to a fair hearing includes the right to examine or have examined witnesses against the accused
C. It states that the results of criminal hearings should be publicized in most cases to promote transparency in the criminal justice system
D. All the above

5. In which legal system are judges used as fact finders in criminal trials and a panel comprised of both professional judges and lay judges to determine serious criminal cases.?

A. Civil Law jurisdiction
B. Common Law System
C. Adversarial jurisdiction
D. Unitary system

6. Which of the following best describes the government’s burden of proof in civil cases in civil law jurisdictions that use an inquisitorial court process?

A. Inner conviction of the judge
B. Preponderance of evidence
C. More probable than not
D. Beyond a reasonable doubt

7. Which of the following term is used to describe the process of a sworn testimony given by a party or witness upon questioning by counsel for one of the parties during pre- trial that is usually conducted by a lawyer under oath?

A. Cross examination
B. Oral examination
C. Direct examination
D. Interviewing

8. In most common law jurisdictions, which of the following is one of the documents used as a criminal charging document?

A. Criminal petition
B. Indictment
C. Information
D. All of the above

9. In fraud cases, the defendant may attempt to use several defenses. Some may not be considered as proper defenses for criminal intent. Which of the following is considered the BEST defense to expel intent?

A. Mistake
B. Advanced age
C. Sickness
D. Illiteracy

10. Which of the following statements is TRUE about prosecution bargaining?

A. Consideration for prosecution bargaining is based on the strength of the available evidence
B. The goal behind bargaining agreement is to make the criminal justice process more efficient by reducing the need for trial
C. Consideration for prosecution bargaining is based on resources, time, labour and money required for going through the trial process
D. All the above

11. Which of the following statement is NOT true about closing arguments in criminal trials in adversarial jurisdictions?

A. Closing arguments can be counted as additional evidence in favor of the defendant
B. Closing arguments can be counted as additional evidence in favor of the prosecution
C. Closing arguments are summary of the prosecution and DEFENCE counsels work product
D. All the above

12. Which of the following statements describes the process of withholding a corporation prosecution of criminal allegations of fraud against an organization as long as the organization reforms its practices and reduces the risk of illegal activities?

A. Prosecution pardon
B. Prosecutorial bargaining
C. Plea bargaining agreement
D. Deferred prosecution agreement

13. Which of the following is generally considered the BEST legal DEFENCE asserted by defendants in criminal cases?

A. Lack of intent
B. Ignorance of the law
C. Legal impossibility
D. Entrapment

14. In relation to adversarial judicial systems, which of the following is TRUE about the burden of proof in criminal trials

A. The prosecution has the burden of proof
B. The proof must be beyond reasonable doubt
C. The burden of proof for criminal cases is higher than the burden of proof for civil cases
D. All the above

15. If an employee commits internal fraud, the only way the employer can recover from the losses is through which one of the following?

A. Litigation
B. Arbitration
C. Mediation
D. All the above

16. Which of the following refers to a court’s moving to another town to hear and decide a given case?

A. Judge’s decision
B. Change of venue
C. Jurisdiction
D. None of the above

17. In which legal system are judges bound by precedent of decision of previous cases which have formed a body of law
A. Criminal law
B. Statutory law
C. Common law system
D. Common law

18. Judges in adversarial jurisdictions are bound by previous court decisions, but in practice, many do use previous decisions to guide their interpretations of codes and statutes.

A. True
B. False

19. Mediation and arbitration are similar but they are not identical. Which one of the following is NOT true about mediation and arbitration?

A. Both the arbitrator and mediator decides who wins the case based on the evidence presented by the parties.
B. Both the arbitrator and the mediator acts as juries
C. Both the arbitrator and the mediator help the parties to reach to a mutual agreement
D. All the above

20. In a civil case in an adversarial jurisdiction, a court may grant a plaintiff request for which one of the following, if the DEFENCE fail to present a statement of DEFENCE?

A. Summary judgment
B. Judgment n.o.v
C. De facto judgment
D. No of the above

21. Which of the following statements concerning judges and juries in the common law jurisdiction is ACCURATE?

A. In adversarial jurisdictions that use juries, the judge only decides issues of the law
B. In serious cases, some adversarial jurisdictions use a panel of juries
C. In less serious cases, some adversarial jurisdiction does not use fact finders.
D. All the above

22. Which of the following types of laws are NOT created by legislatures?

A. Common law and case law
B. Statutory law and procedural law
C. Public law and private law
D. Administrative law and constitution law

23. Which of the following is TRUE about evidence gathering process in the common law jurisdictions?

A. The parties to the litigation drive the evidence gathering process
B. The presiding judge drive the evidence gathering process
C. The prosecutor drives the evidence gathering process
D. The DEFENCE drives the evidence gathering process

24. Which of the following BEST describes the civil trial process in inquisitorial jurisdiction?

A. It is a continual series of meetings and written correspondences, rather than a single event.
B. The presiding judge drives the evidence gathering during the investigation phase of the judicial proceedings
C. The judicial process is divided into, investigation, examination and trial phase.
D. All the above

25. In most common law systems, relevant documents in civil cases are listed and described by the party that holds them in which of the following devices?

A. Petition
B. information
C. Search warrant
D. Affidavit of documents or records

26. Which of the following claims in a civil lawsuit would be considered a counterclaim?

A. A plaintiff’s claim against the defendant
B. A defendant’s claim against another defendant in the same proceeding
C. A plaintiff’s response to defendant’s DEFENCE
D. A defendant’s claim against the first plaintiff

27. Which of the following is an example of an equitable remedy in which a court orders a party to perform, or refrain from performing, a specific act.

A. Injunction
B. Declaration
C. Damages
D. All the above

28. In most jurisdictions, the plaintiff’s initial pleading requires various kinds of information. Which of the following is one of these information?

A. Key documents that might be introduced as evidence during the proceedings
B. Grounds for legal relief
C. Specific facts on which the party’s claim relies
D. All the above

29. Kenya’s system is a type of unitary government where the national government maintains all governing authority, but delegates powers to agencies and national governments.

A. True
B. False

30. Which of the following best describes the primary source(s) of law in civil law jurisdictions?

A. Common law and criminal law
B. Codified principles or statutes
C. Common law and statutes.
D. All of the above

31. A fraud case can be taken to court as a civil action. The legal proceeding for a civil suit use, which of the following justice system?

A. Criminal justice system
B. Civil justice system
C. Civil law system
D. Common law system

32. If the prosecution wishes to move a trial to a different city, it must request which of the following?

A. Change of jurisdiction
B. Change of justice
C. Change of venue
D. All the above

33. The judicial system that involves courts applying laws from codified statutes, where the court is not required to consider previous similar court decisions is referred to as:

A. Common law system
B. Adversarial system
C. Inquisitorial system
D. Unitary law system

34. Which of the following legal systems still use judge-made law that originated from England?

A. Adversarial judicial system
B. Inquisitorial judicial system
C. Common law
D. Civil law

35. When an action is said to be against the Kenya criminal law , this action refers to which of the following law.

A. Procedural law
B. Penal Code
C. Substantive law
D. Statutory law

36. Which of the following is NOT true about domestic judgment against a foreign defendant in a fraud case?

A. Some countries will enforce foreign judgments concerning parties or assets within their jurisdiction.
B. Enforcement of a foreign court’s judgment usually depends on whether the internal laws of the jurisdiction recognize foreign judgments
C. A domestic judgment against a foreign defendant can be helpful for recovering the defendant’s assets located in the foreign jurisdiction
D. A domestic judgment against a foreign defendant can be helpful for recovering the defendant’s assets located in the domestic country

37. Which one of the following statements is ACCURATE with regard to judgment against a foreign defendant?

A. The domestic judgment might not be helpful in seizing the defendant’s assets in a foreign jurisdiction even if it has a treaty with the domestic jurisdiction for the enforcement of judgements
B. The domestic judgment cannot be used to seize the foreign defendant’s assets located in the domestic country
C. The domestic judgment might be used to seize the defendant’s assets in a foreign jurisdiction whose internal laws recognize the judgment
D. All of the above

38. In both the civil law system and adversarial judicial processes, criminal defendants are generally required to provide testimony, if so directed by the court.

A. True
B. False

39. In a situation where a court is determining a case involving a transaction between parties and assets located in different countries. Which one of the following statements concerning how courts choose which jurisdiction’s laws to apply is NOT accurate?

A. Most courts always apply the substantive laws of foreign country
B. Most courts always apply the procedural laws of foreign country.
C. Most courts always apply both the procedural and substantive laws of the foreign country
D. All the above

40. Which one of the following is TRUE in regard to substantive laws related to fraud?

A. Most of the substantive laws related to fraud/corruption are directly legislated by the central government in unitary systems.
B. Most of the substantive laws related to fraud/corruption are directly legislated by the central and state/provincial governments in federal systems.
C. In Kenya substantive laws related to fraud/corruption are directly legislated by the national government
D. All the above

41. The legal system where the court oversees the investigation and examination of a case, and has the primarily responsible for questioning witnesses, collecting evidence and recording the findings is referred to as which one the following?

A. Civil law system
B. Inquisitorial process
C. Civil law
D. Adversarial Process

42. Which one of the following type of law, defines which actions are prohibited and the penalties for violation of the law?

A. Civil law
B. Substantive law
C. Procedural law
D. Criminal law

43. Lilian and Lucy reside in two different countries. Lilian feels that she has suffered financial loss which was caused by Lucy’s actions. Lilian wants to take legal action against Lucy, which of the following courts would likely NOT have jurisdiction to hear the case?

A. Courts that hears cases involving financial and economic crime harm
B. A court that is preferred by the defendant
C. A court that preferred by the plaintiff
D. All the above

44. A statute that prohibits misrepresentation of material facts, forgery and bribery is an example of which of the following type of law?

A. Substantive Law
B. Criminal law
C. Common law
D. None of the above

45. In the adversarial jurisdiction, which one of the following parties typically gathers evidence and conducts the questioning of witnesses?

A. The judge
B. The jury
C. The parties to the litigation
D. All the above

46. In jurisdictions that practice criminal bargaining agreements, which of the following parties generally has/have discretion to determine whether to conduct a bargaining agreement?

A. The court
B. The prosecution
C. The DEFENCE counsel
D. All the above

47. In countries that require arrest warrants, which of the following is NOT a typical exception to the warrant requirement?

A. Contraband is discovered in the suspect’s possession
B. An emergency situation occurs
C. The offence occurs in an office
D. All the above

48. In criminal trials in civil law jurisdictions, a jury must serve as the fact finder.

A. True
B. False

49. In common law jurisdictions, which of the following parties may access the full evidentiary record during pre-trial phase of criminal proceedings?

A. The judge only
B. Both prosecution and DEFENCE
C. Prosecution only
D. None of the above

50. XYZ Manufacturing has a document destruction procedure in which emails are automatically deleted after a specified period. A customer filed a civil lawsuit against XYZ in a common law jurisdiction, claiming that XYZ sent fraudulent invoices. Under most common law systems, which of the following is TRUE in regard to duty to preserve evidence?

A. The court would establish when XYZ should preserve and produce documents.
B. The parties to the litigation have the duty to preserve evidence
C. Both the court and the parties have responsibility to preserve evidence
D. None of the above

51. Which one of the following is the alternative dispute process whereby an impartial third person determine a dispute based on merit?

A. Arbitration
B. Mediation
C. Reconciliation
D. Agreement

52. In most civil law jurisdictions, which of the following procedures may a civil appellate court generally perform?

A. Interview more witnesses
B. Enter judgment if law issues are correct
C. Collect more documentary evidence
D. All the above

53. Which one of the following is a civil litigation remedy?

A. Injunction
B. Damages
C. Equitable relief
D. All the of the above

54. The first phase of a litigation process featured in most common law jurisdictions is referred as:

A. The Pretrial phase
B. Investigation phase
C. Examination phase
D. Trial phase

55. Arbitration is an alternative dispute resolution, where the arbitrator acts as:

A. Judge or jury
B. Third party mediator
C. Jury
D. None of the above

56. Which one of the following procedures may a civil appellate court perform in most adversarial jurisdictions?

A. Obtain more expert opinions
B. Obtain more documentary evidence
C. Obtain more witnesses testimony
D. None of the above

57. A fraud suspect is a defendant in a civil fraud lawsuit filed by his employer. The jurisdiction allows the defendant to file a claim against his employer who owes him salary arrears. Which one of the following BEST describes the defendant’s claim?

A. Compensation claim
B. An appeal claim
C. Employees rights claim
D. None of the above

58. Most courts will consider some mixture of which of the following factors to determine which jurisdiction’s laws to apply:

A. The nationality of the parties to the litigation
B. The current residence of the parties (whether temporary or permanent)
C. The parties’ current or past physical presence in the relevant jurisdictions
D. All the above

59. In civil law jurisdictions, which of the following BEST describes the major role of the advocates’ parties to the litigation in a trial proceeding

A. To request and obtain documentary evidence from each other during pretrial
B. To conduct cross examination of witnesses
C. To collect more expert opinions
D. None of the above

60. Which of the following is NOT true about a civil trial both in the Civil and common law legal systems?

A. In both civil and common law legal system, for civil cases, only the losing side may appeal from an adverse verdict.
B. In both civil and common law legal system, for civil cases, both the losing and wining side may appeal from an adverse verdict.
C. In the civil law legal systems, for civil cases, the appellate court can determine both issues of evidence and the law
D. In the common law legal systems, for civil cases, the appellate court can only determine issues of the law

61. In both civil and common law jurisdictions, civil and criminal trial juries must be composed of the same number of members and the verdicts must be unanimous

A. True
B. False

62. In the common law jurisdictions, the duty to preserve relevant evidence regarding civil litigation typically arises at what point of the litigation proceedings?

A. When litigation is reasonably anticipated
B. When litigation has commenced
C. When the judged gives directives on the preservation of evidence
D. All the above

63. In civil trials, most civil law jurisdictions favor written evidence while most adversarial jurisdiction favor testimony evidence

A. True
B. False

64. Which of the following is an alternative method to legal litigation for recovering against losses caused by dishonest employees?

A. Mediation
B. Arbitration
C. Fidelity insurance
D. All the above

65. Which of the following is TRUE about filling of a civil action?

A. Pleading in the jurisdiction in which the defendant or plaintiff resides or where the claim arose
B. Pleading in the jurisdiction where the defendant resides
C. Pleading usually in the jurisdiction where the plaintiff resides
D. None of the above

66. John filled a civil case against Jack, claiming that Jack breached in performing a contract that they had agreed and signed. Which of the following remedy would John likely be seeking?

A. Damages relief
B. Equitable relief
C. Declaratory relief
D. All the above

67. Which of the following statements concerning civil trials in common law jurisdictions is NOT correct?

A. The jury typically decides the order in which evidence is presented
B. The defendant typically presents their evidence first
C. The judge typically presents the evidence at trial
D. All the above

68. In both civil and criminal litigations, in most adversarial jurisdictions, when is evidence discovered by each opposing side?

A. After the court has completed the evidence-gathering process
B. During the investigation stage
C. Throughout the trial as the court gathers evidence
D. During the pretrial stage

69. Which one of the following BEST describes what is typically included in the trial record of a civil lawsuit in the inquisitorial jurisdictions?

A. The opposing counsel transcript of all oral testimony
B. The judge’s summaries of the evidence
C. All documents submitted as evidence
D. All of the above

70. Which of the following statements is TRUE, in regard to jury’s verdict in both the common law and inquisitorial jurisdictions, in civil cases?

A. The jury’s verdict in both jurisdictions is not required to be unanimous
B. The jury’s verdict in both jurisdictions must be unanimous
C. The jury’s verdict in the common law jurisdictions must unanimous
D. The jury’s verdict in the civil law jurisdictions is not required to be unanimous

71. In criminal proceedings in the common law, which of the following statement is NOT correct in regard to the defendant’s right to access relevant information from the prosecution?

A. The DEFENCE is not entitled to any information held by the prosecution
B. The DEFENCE has the same right to information held by the prosecution, as parties in civil litigation
C. The DEFENCE may access all relevant information held by the prosecution, including the attorney work product.
D. All the of the above

72. A defendant in a criminal case may properly use mistake as a legal DEFENCE against charges of criminal conduct.

A. True
B. False

73. In most inquisitorial jurisdictions, which of the following parties typically serves as the fact finder in criminal trials?

A. Professional judges and a panel of lay judges
B. The judge
C. The jury
D. All the above

74. Which of the following statements concerning the criminal discovery process in adversarial jurisdictions is most ACCURATE?

A. Either party may request evidence from each other during litigation before trial
B. Most discovery between the parties occurs during the pretrial stage
C. Disclosure of information for criminal offences in common law jurisdiction is heavily limited
D. All the above

75. Jurisdictions that recognize corporate criminal liability can hold a corporation vicariously liable for acts committed by which one of the following parties related to the organization?

A. Legal counsel
B. Directors
C. Independent contractors
D. All of the above

76. In most inquisitorial countries, a civil appellate court may review issues of both law and facts independently of the trial court’s determinations.

A. True
B. False

77. In most jurisdictions, private investigators must always have a court order to access a suspect’s financial information for investigation purposes.

A. True
B. False

78. In common law jurisdictions, a criminal defendant’s prior convictions are usually NOT admissible as evidence in a court of law because of which of the following reasons?

A. Character evidence is not admissible as evidence to determine a criminal defendant’s guilt
B. Character evidence is not admissible because it is not relevant to the facts at issue
C. Character evidence is not reliable
D. All the above

79. Which one of the following statements with regard to criminal bargaining agreements is most Accurate?

A. Bargaining agreements are more commonly accepted in civil law jurisdictions than in common law jurisdictions
B. Bargaining agreements are only allowed in civil law jurisdictions
C. Bargaining agreements are only allowed in common law jurisdictions
D. None of the above.

80. In inquisitorial jurisdiction, the DEFENCE legal counsel in a criminal trial can challenge a juror for no reason. Which one of the following BEST describes this challenge?

A. Challenge with a cause
B. Challenge with no cause
C. Peremptory challenge
D. None of the above

81. A criminal defendant in an adversarial jurisdiction was convicted at trial for fraud. The defendant wants to appeal the decision, claiming that the high court judge made an error in applying the law. Is the defendant likely to be successful in his appeal?

A. Yes, if the defendant has sufficient evidence to support his claim
B. Yes, if the defendant was denied a fair hearing during the trial
C. No, because the common law jurisdiction does not feature the right to appeal
D. Yes, because the common law appellate courts determine issues of the law only.

82. In most adversarial jurisdictions, a defendant’s guilt and sentencing are determined during separate trial proceedings phases

A. True
B. False

83. Which one of the following statements is NOT correct with regard closing arguments in a criminal trial?

A. The prosecutor cannot draw reasonable conclusion based on facts
B. The prosecutor may express an opinion with regard to the guilt of the defendant
C. The prosecutor can attack the credibility of the witness
D. All the above

84. The United Nations’ International Convention on Civil and Political Rights (ICCPR) guarantees which of the following rights?

A. Right to be informed of charges
B. Right to privacy
C. Right to appeal
D. All of the above

85. In the common law jurisdictions, a judge or magistrate discover evidence and defence, when it is presented during trial by the parties to litigation

A. True
B. False

86. Some common law jurisdictions allow peremptory challenges to dismiss prospective jurors without a just cause. Which one of the following is NOT an allowable reason for the prosecution to apply?

A. The juror’s religion
B. The attorney doesn’t like the look on the juror’s face
C. The juror’s ability to speak the desired language
D. The juror’s attitude

87. In criminal trials in some common law jurisdictions, the court may use character evidence to determine the convicted criminal’s sentence but not the criminal defendant’s guilt.

A. True
B. False

88. In civil law, in criminal trial proceedings, the evidentiary record is discovered by the court during trial as the evidence is presented by the prosecutor.

A. True
B. False

89. Which one of the following parties might serve as fact finders in trial proceedings in various common law systems that use juries?

A. A panel of both professional and lay judges
B. A jury
C. A judge
D. None of the above

90. Which one of the following BEST describes both the prosecution and defendant’s right to disclosure of information from each other in criminal proceedings in adversarial jurisdictions?

A. The prosecution is typically entitled to more disclosures from the defendant than parties in civil litigation
B. The prosecution is not entitled to any disclosures
C. Both prosecution and the defendant is heavily limited in disclosures that it may obtain, but might be entitled to exhibits to be presented as evidence during trial
D. All the above

91. In common law jurisdictions, judges most commonly serve as the fact finder in criminal proceedings, but some jurisdictions use juries or panels of professional judges and lay judges for serious cases.

A. True
B. False

92. Which of the following statements concerning appellate procedure in common law and civil law jurisdictions is most ACCURATE?

A. Appellate courts in common law jurisdictions generally may only review issues of fact independently of the trial court’s determinations
B. Appellate courts in civil law jurisdictions generally may only review issues of fact independently of the trial court’s determinations
C. Appellate courts in common law jurisdictions generally may review issues of both fact and law independently of the trial court’s determinations.
D. None of the above

93. Under the United Nations’ International Convention on Civil and Political Rights (ICCPR), those accused of criminal charges are generally entitled to a fair hearing that is public, the results of which should be disclosed to the public.

A. True
B. False

94. During an investigation interview, if a private investigator denies a suspect freedom to leave, this conduct by the private investigator is referred to as:

A. Custodial arrest
B. False imprisonment
C. Remand
D. None of the above

95. Which one of the following statements is NOT correct with regard to burden of proof in civil and common law legal systems?

A. The burden of proof for a civil and criminal trial in inquisitorial jurisdiction is the same
B. The burden of proof for a civil trial in the civil law jurisdiction is lower than the burden of proof for a civil trial in the common law jurisdiction
C. The burden of proof for a criminal trial in the civil law jurisdiction is lower than the burden of proof in a criminal trial in a common law jurisdiction
D. All the above

96. Which of the following is NOT one of the stages of a criminal legal proceeding in an adversarial jurisdiction?

A. The trial phase
B. The investigative phase
C. The Pre- trial phase
D. All the above

97. Which one of the following statements is CORRECT with regard to burden of proof in civil and common law legal systems?

A. The burden of proof for a civil and criminal trial in inquisitorial jurisdiction is the same
B. The burden of proof for a civil trial in the civil law jurisdiction is higher than the burden of proof for a civil trial in the common law jurisdiction
C. The burden of proof for a criminal trial in the civil law jurisdiction is lower than the burden of proof in a criminal trial in a common law jurisdiction
D. All the above

98. Which of the following statements is TRUE about administrative laws?

A. Administrative laws are concerned with rules and procedures of administrative government agencies
B. Administrative agencies have authority to legislate and enforce laws
C. Administrative agencies are under the executive branch and a created and assigned specific tasks by legislature
D. All the above

99. Which of the following is statement is TRUE?

A. Civil law, is a body of law that provides remedies for violation of private rights
B. Criminal law, is a body of law that defines criminal offences and penalties for violation of the law
C. Common law, is a body of law which is a system of legal principles developed by judges through court decisions.
D. All the above

100. Which of the following statement is NOT correct?

A. The two sources of law in the common law legal systems are the common law and the substantive law
B. Most common law legal systems are now moving away from common law and developing statutes
C. Most adversarial jurisdiction uses common law in criminal cases
D. A civil action, is a legal action that does not result in criminal fine or incarceration

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