Introduction to Law and Ethics Revision Kit (ATD Past paper answers))

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BELOW IS SAMPLE OF INTRODUCTION TO LAW AND ETHICS REVISION KIT

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TOPIC 1

DEMONSTRATE FOUNDATIONAL CONCEPTS IN BUSINESS LAW AND ETHICS

 

QUESTION 1

August 2024 Question 4

Which one of the following statements BEST describe a “custom” as a source of law?

  1. Established practices or unwritten rules that have acquired their validity and binding character over the years
  2. Unwritten constitutional principles that are accepted
  3. Legal rules and regulations created by judges over the years
  4. Laws passed by the legislature over the years and are accepted

 

QUESTION 2

August 2024 Question 5

Which one of the following terms describes ethical issues that affect professionalism and personal lives of professionals?

  1. Micro ethics
  2. Macro ethics
  3. Moral principles
  4. Meta ethics

 

QUESTION 3

August 2024 Question 6

The following are requirements of professionals and how they should conduct themselves, EXCEPT      .

  1. A professional should have specialised intellectual knowledge and skill
  2. A professional should be committed to serving the public in matters relating to their profession
  3. A professional should be money oriented at the expense of the profession
  4. Professional should uphold self-discipline and abide by a code of legal ethics

 

QUESTION 4

August 2024 Question 8

The term “arbitration” is defined as         .

  1. an informal meeting between parties involved in a discussion as to how an issue may be resolved
  2. an adjudicative process where parties submit their dispute for a binding decision to an impartial tribunal
  3. a meeting between parties where a chairperson facilitates discussions
  4. an informal meeting between conflicting parties and a third party

 

QUESTION 5

August 2024 Question 19

Which one of the following descriptions outlines the similarities between arbitration and mediation?

  1. Both are led by the respective parties
  2. Both are quasi – judicial processes
  3. Both are out of court settlement
  4. Both are expensive

 

QUESTION 6

August 2024 Question 20

Which one of the following CORRECTLY identifies the three arms of government in Kenya?

  1. Senate, Legislative and Administrative
  2. Executive, Judiciary and Administrative
  3. Legislative, Judiciary and Executive
  4. Legislative, Administrative and Executive

 

QUESTION 7

August 2024 Question 30

What is the primary objective of a constitution in a legal system?

  1. To create new laws to govern citizens in a country
  2. To provide a framework for government and protect individual rights
  3. To enforce international agreements across the region
  4. To interpret judicial rulings regarding a group of people

 

QUESTION 8

August 2024 Question 31

Which one of the following statements represents a core principle of leadership and integrity as outlined in the Constitution of Kenya?

  1. Promoting nepotism in public offices
  2. Increasing personal wealth through public office
  3. Ensuring accountability to the public for decisions and actions
  4. Allowing conflict of interest in decision-making

 

QUESTION 9

August 2024 Question 39

Administrative law is a branch of  .

  1. Procedural law
  2. Public law
  3. Private law
  4. Property law

 

QUESTION 10

August 2024 Question 40

Which branch of government is responsible for interpreting laws?

  1. Executive
  2. Legislature
  3. Judiciary
  4. Military

 

QUESTION 11

August 2024 Question 41

Which one of the following statements is a characteristic of statutory law?

  1. It is created by judges through their rulings
  2. It is based on long-standing customs and traditions
  3. It is written and enacted by legislative bodies
  4. It is developed through international treaties

 

QUESTION 12

August 2024 Question 42

Under what legal principle are prior judicial decisions used to resolve current cases with similar facts?

  1. Habeas corpus
  2. Stare decisis
  3. Ultra vires
  4. Res ipsa loquitur

 

QUESTION 13

August 2024 Question 50

Which one of the following rights is a primary principle of natural justice?

  1. Right to free speech
  2. Right to own property
  3. Right to privacy
  4. Right to a fair trial

 

QUESTION 14

April 2024 Question 1

Which of the following are features of criminal law?

  • The burden of proof is on the prosecution
  • The parties are called ‘the claimant’ and ‘the defendant’
  • The cases are heard in the Magistrates’ Court and the Court of appeal only
  • The standard of proof is beyond reasonable doubt

 

QUESTION 15

April 2024 Question 3

Which of the following correctly describes the persuasive element of a judgment?

  1. Ratio decidendi
  2. Consensus adidem
  3. Stare decisis
  4. Obiter dicta

 

QUESTION 16

April 2024 Question 4

“Delay defeats equity” refers to which maxim among the following?

  1. A common law principle
  2. The equitable doctrine of ultra vires
  3. An equitable maxim
  4. An equitable remedy

 

 QUESTION 17

April 2024 Question 5

Which of the following methods of Alternative Dispute Resolution (ADR) involves a neutral third party who acts as a go-between for the disputing parties but does not offer an opinion?

  1. Mediation
  2. Negotiation
  3. Conciliation
  4. Arbitration

 

QUESTION 18

April 2024 Question 7

Which of the following is NOT a characteristic of an ethical person?

  1. Honest
  2. Performs plagiarism
  3. Accepts mistakes
  4. Accountable

 

QUESTION 19

April 2024 Question 9

Which of the following is NOT a source of law?

  1. Public opinion polls about current events
  2. Treaties between different countries
  3. Decisions made by judges in individual cases
  4. Legal maxims passed down through generations

 

QUESTION 20

April 2024 Question 10

Which principle regulates the delegation of legislative power to administrative agencies?

  1. Separation of powers
  2. Non-delegation doctrine
  3. Rule of law
  4. Delegata potestas non potest delegari

 

QUESTION 21

April 2024 Question 12

What is the primary focus of normative ethics?

  1. Describing ethical behaviour
  2. Analysing ethical language
  3. Prescribing how one ought to act
  4. Observing cultural practices

 

QUESTION 22

April 2024 Question 15

In reference to business ethics, what is the meaning of the term “whistleblowing”?

  1. Promoting cultural norms
  2. Reporting unethical practices within an organisation
  3. Maximising happiness for shareholders
  4. Upholding individual preferences

 

QUESTION 23

April 2024 Question 16

Which of the following is an advantage of online business registration services?

  1. Convenience
  2. Limited personal Interaction
  3. Security concerns
  4. Lack of customisation

 

QUESTION 24

April 2024 Question 34

Which of the following matters is NOT referred to arbitration proceedings?

  1. Contract matters
  2. Civil matters
  3. Matrimonial matters
  4. Property matters

 

QUESTION 25

April 2024 Question 37

Which of the following is the MOST accurate description of civil law?

  1. Civil law is an aspect of public law
  2. Civil law relates to controlling conduct or wrong-doing of which it disapproves
  3. Civil law relates to the enforcement of particular forms of behavior
  4. Civil law is a form of private law and involves the relationships between individuals

 

QUESTION 26

April 2024 Question 39

Which of the following roles is NOT a role of the office of the Attorney General?

  1. To supervise judges and magistrates
  2. To delegate his functions to other officers in his department
  3. To institute and undertake criminal proceedings against any person in any court other than courts-martial for any alleged offence
  4. To take over and continue criminal proceedings undertaken by any other person or authority

 

QUESTION 27

April 2024 Question 42

Which of the following is the principle of justice and ethics concerned with?

  1. Fairness and equal treatment
  2. Maximal happiness
  3. Personal character
  4. Cultural norms

  

QUESTION 28

April 2024 Question 45

Which one of the following is regarded as private law?

  1. Contract law
  2. Criminal law
  3. The law relating to human rights
  4. Administrative law

 

QUESTION 29

April 2024 Question 48

What is a common feature of common law legal systems?

  1. Written and codified laws
  2. Strict adherence to precedent
  3. Emphasis on statutory law
  4. Centralised and bureaucratic legal authority

 

QUESTION 30

April 2024 Question 49

What is the principle in international law that states that treaties must be performed in good faith?

  1. Pacta sunt servanda
  2. Jus cogens
  3. Res judicata
  4. Ex aequo et bono

 

QUESTION 31

December 2023 Question 2

Which of the following is the primary source of Islamic Law?

  1. The Quran
  2. The Bible
  3. The Talmud
  4. The Vedas

 

QUESTION 32

December 2023 Question 3

Which of the following branch of law is concerned with regulating the behavior of individuals within a society and includes offenses against the state or society?

  1. Criminal law
  2. Contract law
  3. Family law
  4. Tort law

 

QUESTION 33

December 2023 Question 4

Which one of the following is considered a primary source of law?

  1. Judicial decisions
  2. Legal textbooks
  3. Statutes enacted by the legislature
  4. Legal commentaries

 

QUESTION 34

December 2023 Question 5

Which one of the following is the MAIN purpose of the doctrine of separation of powers in a democratic system?

  1. To concentrate power in the hands of a single authority
  2. To prevent any one branch of government from becoming too powerful
  3. To abolish the judiciary
  4. To prioritise the executive branch over the legislative branch

 

QUESTION 35

December 2023 Question 7

In which one of the following circumstances is mediation a form of alternative dispute resolution (ADR)?

  1. A neutral third party makes a binding decision on the dispute
  2. The parties involved present their case to a judge in an informal setting
  3. A neutral third party helps facilitate communication and negotiation between the parties
  4. The dispute is resolved through a competitive negotiation process

 

QUESTION 36

December 2023 Question 8

According to virtue ethics, what is the primary focus when determining the morality of an action?

  1. The individual’s intentions and character traits
  2. The consequences of the action
  3. The adherence to universal moral rules
  4. The social contract

  

QUESTION 37

December 2023 Question 9

Which of the following is the primary purpose of a code of ethics in a profession or organisation?

  1. To establish legal regulations and requirements
  2. To promote competition among professionals
  3. To provide guidance and standards for ethical behavior
  4. To limit professional responsibilities

 

QUESTION 38

December 2023 Question 11

Which body is responsible for the establishment and administration of courts in Kenya?

  1. Ministry of Interior and National Administration
  2. Parliament of Kenya
  3. Judicial Service Commission
  4. Law Society of Kenya

 

QUESTION 39

December 2023 Question 29

Which one of the following is a reason as to why independence of the judiciary is critical?

  1. It promotes immunity from court action for actions taking place in the course of judicial proceedings
  2. It promotes economic independence
  3. It provides security of tenure for judicial officers
  4. It promotes the rule of law

 

QUESTION 40

December 2023 Question 30

A situation in which a professional’s loyalty and obligations may be compromised because of personal interests is called .

  1. Conceptual interest
  2. Conflict of interest
  3. Professional interest
  4. Concern of interest

 

QUESTION 41

December 2023 Question 31

Stella and Martin are partners in a partnership firm. They made an agreement in writing to refer a dispute between them in business to an arbitrator. In spite of this agreement, Stella files a suit against Martin relating to the dispute in a court.

With regard to the above, which one of the following statements is correct.

  1. The jurisdiction of court is ousted as a valid arbitration agreement exists
  2. Court has jurisdiction over the matter and it overpowers arbitration agreement and such dispute cannot be referred to any other jurisdiction
  3. Stella can file an appeal in court only against arbitral award
  4. The court does not have jurisdiction to hear and determine the matter

QUESTION 42

December 2023 Question 36

Which one of the following is NOT an ethical problem?

  1. Privacy and confidentiality
  2. Whistle blowing
  3. Fraud and abuse
  4. Compliance

 

QUESTION 43

December 2023 Question 37

Which one of the following defines nepotism?

  1. Undermining the morale of workers
  2. Hiring friends of relatives and showing favoritism at work
  3. Hiring non-competent people
  4. Receiving bribes at the work place

 

QUESTION 44

December 2023 Question 42

What does the term “metaethics” refer to in the study of ethics?

  1. The analysis of specific ethical dilemmas and situations
  2. The study of the nature and foundations of ethical concepts and theories
  3. The application of ethical principles to practical situations
  4. The study of cultural variations in ethical norms

 

QUESTION 45

December 2023 Question 48

Which one of the following is NOT a characteristic of law?

  1. It is a set of rules
  2. It is enforceable by the state
  3. It is always fair and just
  4. It regulates society

QUESTION 46

December 2023 Question 49

Which one of the following dispute is most likely to be solved through Commercial Arbitration as an alternative to litigation?

  1. Probate disputes
  2. Contract negotiation
  3. Child custody
  4. Divorce

 

QUESTION 47

August 2023 Question 1

Which among the following are the correct methods of alternative dispute resolution?

  1. Legislation, negotiation and conciliation
  2. Conciliation, negotiation, arbitration and mediation
  3. Arbitration, legislation and mediation
  4. Mediation, tribunal and legislation

 

QUESTION 48

August 2023 Question 2

Which among the following entails the correct set of advantages of negotiation as a way of dispute resolution?

  1. It is quick, cheap and has privacy
  2. Cheap process and not flexible
  3. Might not come to a decision and it is a fast process
  4. Has privacy and lacks certainty

 

QUESTION 49

August 2023 Question 4

What does the term “private law” mean?

  1. The body of laws that derive from the deciding of cases
  2. The legal principle which states that a person has the right to privacy
  3. The body of laws that seeks to regulate the relationship between individuals
  4. The body of laws that seeks to regulate the relationship between the State and its citizens

 

QUESTION 50

August 2023 Question 16

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties. What is the principle that public officers must uphold?

  1. Ethics
  2. Honesty
  3. Transparency
  4. Integrity

 

QUESTION 51

August 2023 Question 19

The ratio decidendi of a case refers to?

  1. A statement said by the way
  2. The reason for deciding a case
  3. The principle whereby lower courts are bound by the decisions of higher courts
  4. The process whereby a court avoids a binding precedent on the ground that the current case differs materially from the precedent

 

QUESTION 52

August 2023 Question 21

Which of the following is NOT a system of law?

  1. Political law
  2. Common law
  3. Civil law
  4. Sharia law

 

QUESTION 53

August 2023 Question 24

What is the meaning of delegated legislation?

  1. It is the transfer of law-making power from one branch of government to another
  2. It is the transfer of law-making power from the judiciary to the legislature
  3. It is the transfer of law-making power from the legislature to another person or body
  4. It is the transfer of law-making power from the executive to the judiciary

 

QUESTION 54

August 2023 Question 26

Which of the following is NOT a function of administrative law?

  1. Rulemaking
  2. Adjudication
  3. Enforcement
  4. Legislative drafting

 

QUESTION 55

August 2023 Question 35

Which of the following is NOT a source of law in Kenya?

  1. Statutes
  2. Case law
  3. Administrative regulations
  4. Circulars

 

QUESTION 56

August 2023 Question 37

Which of the following statements is true regarding the ethical principles of confidentiality?

  1. It can be breached when a client poses a danger to themselves or others
  2. It is optional guideline for professionals
  3. It only applies to clients who have agreed to pay for services and not probono clients
  4. It can be breached when a client refuses to pay for services rendered

 

QUESTION 57

August 2023 Question 41

Which of the following is an example of an e-commerce transaction?

  1. A customer buying shoes from a store
  2. A business buying office supplies from an online supplier
  3. A person booking a hotel room through a travel agency
  4. A student purchasing textbooks from a bookshop

 

QUESTION 58

August 2023 Question 43

A whistle blower is an employee who?

  1. Exposes organisational wrongdoing.
  2. Complains a lot to company management.
  3. Engages in unethical behavior.
  4. Refers disputes to other employees

 

QUESTION 59

August 2023 Question 46

Which of the following BEST defines the word “ethics”?

  1. The act of deciding definitely and firmly
  2. The practicing of an activity
  3. A set of moral principles
  4. Protecting personal information

 

QUESTION 60

August 2023 Question 47

Which of the following statements is true in regards to codes of conduct and codes of ethics?

  1. They become necessary only after a company has been in legal trouble
  2. They are formal statements that describe what an organisation expects of its employees
  3. They are designed for top executives and managers, not regular employees
  4. They rarely become an effective component of the ethics and compliance program

 

QUESTION 61

August 2023 Question 48

Which of the following is NOT an objective of code of ethics?

  1. To promote and maintain confidence in the integrity of the corporation
  2. To harmonise the concepts of social responsibility, public accountability and profitability
  3. To promote the development of undesirable practices
  4. To lay down standards for personal and corporate behavior

 

QUESTION 62

April 2023 Question 2 (a)

Explain THREE functions of law.                                                                          (6 marks)

 

QUESTION 63

April 2023 Question 2 (c)

Identify SEVEN state officers bound by Constitution’s provision on Leadership and Integrity.       (7 marks)

 

QUESTION 64

April 2023 Question 3 (b)

State FOUR Theories of Morality.            (4 marks)

 

QUESTION 65

April 2023 Question 3 (d)

Enumerate TWO disadvantages of delegated legislations.           (4 marks)

 

QUESTION 66

April 2023 Question 4 (b)

Outline FOUR fundamental principles of code of ethics in accounting.      (4 marks)

 

QUESTION 67

April 2023 Question 4 (c)

Describe FIVE circumstances under which an arbitral proceeding may be terminated. (5 marks)

 

QUESTION 68

April 2023 Question 5 (b)

Summarise FIVE characteristics of judicial precedent.         (5 marks)

 

QUESTION 69

April 2023 Question 5 (d)

Describe the following:

  • Doctrine of separation of (2 marks)
  • Judicial           (2 marks)
  • Principles of natural (2 marks)

 

QUESTION 70

April 2023 Question 6 (b)

(i)       Distinguish between “enforceability of law” and “enforceability of morality”. (4 marks)

(ii)      Identify FOUR challenges of common law that equity sought to mitigate.           (4 marks)

 

QUESTION 71

April 2023 Question 6 (c)

Outline TWO sources of rules of international law.       (2 marks)

 

QUESTION 72

December 2022 Question 1 (a)

In relation to the law of persons, define the following terms:

  • Domicile of origin. (2 marks)
  • Domicile of dependence. (2 marks)
  • Domicile of choice. (2 marks)

 

QUESTION 73

December 2022 Question 1 (c)

Discuss THREE ethical practices in a business.        (6 marks)

 

QUESTION 74

December 2022 Question 2 (a)

Identify FIVE grounds of removing a high court Judge from office. (5 marks)

 

QUESTION 75

December 2022 Question 2 (b)

List FIVE branches of civil law.            (5 marks)

 

QUESTION 76

December 2022 Question 2 (c)

Explain FIVE factors to consider when filing a case in court.                (10 marks)

 

QUESTION 77

December 2022 Question 3 (a)

In relation to alternative dispute resolution:

  • Define the term “mediation”. (2 marks)
  • Highlight THREE principles of mediation. (3 marks)
  • Identify FIVE drawbacks of negotiation. (5 marks)

 

QUESTION 78

December 2022 Question 4 (a)

Outline THREE laws that govern ethics in Kenya.                (3 marks)

 

QUESTION 79

December 2022 Question 5 (a)

Enumerate SIX general characteristics of law.     (6 marks)

 

QUESTION 80

December 2022 Question 5 (b)

Identify FOUR challenges of common law that equity sought to address.   (4 marks)

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