ATD 1-LAW

Which of the following statements about bill of exchange and promissory note are not true?

In a bill of exchange, there are three parties, whereas, in the case of a promissory note the number of parties is two(2).

The liability of the maker of the promissory note secondary and conditional,whereas, the liability of the maker of the bill of exchange is primary and absolute.

Bill of Exchange is a financial instrument showing the money owed by the buyer towards the seller, whereas a promissory note is a written document in which the debtor promises the creditor that the amount due will be paid at a future specified date.

In the case of a promissory note, the drawer and payee can be the same person which is not possible in case of a bill of exchange

A Bill of Exchange can be made in copies, but Promissory Note cannot be made in sets.

The notice of dishonor of a promissory note must be given to all the parties concerned, however, in the case of a bill of exchange, such notice need not be given to the maker.

Cheque crossing is used to convey that the underlying amount is to be paid to the banker and not over the counter. In _______________, the cheque bears the name of the bank within two transverse parallel lines that are used to cross the cheque.

General cheque crossing

Account payee’s crossing

Not negotiable crossing

Special cheque crossing

TRUE OR FALSE: A person can become a holder in due course, before or after the maturity of the negotiable instrument, whereas, a person can become a holde, only before the maturity of the negotiable instrument.

True

False

A (a)________refers to the payee of the negotiable instrument, who is in possession of it and is entitled to receive or recover the amount due on the instrument from the parties thereto, whereas, a (b)___________ implies a person who obtains the instrument bonafide for consideration before maturity, without any knowledge of defect in the title of the person transferring the instrument.

a). Holder, (b). Holder in due course

___________endorsement refers to the writing of the name of a person who holds a negotiable instrument on the back of the document without specifically designating to whom the paper is to be paid, which transfers the rights that the signer had in the instrument to the person who presents it for payment.

Falcultative

Special

Conditional

Blank

A drawee has ______regarding any bill addressed to him for acceptance or payment until he accepts the bill by writing the word ‘accepted’ on the bill and signing his/her name below in order to complete the acceptance.

Liability

No liability

TRUE OR FALSE: If a cheque is altered and the drawer later authorizes the alteration (usually by initialing it), the effect is that the drawer is bound by the cheque as altered, and other parties are protected by section 64, unless they, too, have assented to the alteration.

True

False

Mark drew a cheque for Kshs. 4,400/= in favor of Michael, who fraudulently altered the amount to Kshs. 440,000/= and sold (negotiated) it to Thomas who negotiated it to Simon. Here, Simon can enforce it against _________

Mark & Michael

Thomas & Michael

Mark & Thomas

None of the above

Where alteration to a bill is material, it becomes______ void except as against the party who was privy to the alteration and except in the case of an alteration that is not apparent.

Voidable

Valid

Void

Illegal

Sans recours (Without recourse) means that _________

That the buyer of a promissory note or other negotiable instrument assumes the risk of default.

That the seller of a promissory note or other negotiable instrument assumes the risk of default.

That the endorser of a promissory note or other negotiable instrument assumes the risk of default

A person who signed a promissory note or other negotiable instrument under fundamental mistake assumes the risk of default.

TRUE OR FALSE: If a negotiable instrument is dishonored (i.e. not paid when due), a holder for value can sue any person who signed the bill before it came into his possession

True

False

Bills of lading, Post Office orders, money orders, registered share certificates, IOUs and receipts, dock warrants, delivery orders, etc. are examples of ____________

Non-negotiable instruments

Which of the following is not a test of negotiability?

Complete transfer is made by mere delivery i.e. handing over from one person to another; no notice is necessary to the party liable.

Ownership is not easily transferable from one party to another.

A full and legal title passes.

Title passes free from all equities (including defects in title).

Drawee in case of need refers to ___________

The bill holder who endorses a bill of exchange to another person.

The person who signs the bill of exchange as a mark of acceptance.

The person who accepts a bill of exchange in case the original drawee does not accepts the bill.

The person who accepts the bill in case an endorsee does not accept the bill.

The following are differences between a cheque and a bill of exchange. Which is not true?

The drawer and payee are always different in the case of a cheque, whereas in the case of a bill of exchange, the drawer and payee are the same persons in the case of a bill of exchange.

A cheque is payable to the bearer on demand, whereas a bill of exchange cannot be made payable to the bearer on demand.

A bill of exchange does not need acceptance whereas a cheque needs to be accepted by the drawee.

The cheque can be crossed, whereas a bill of Exchange cannot be crossed.

Which of the following is a negotiable instrument?

Certificate of dep

Promisory note

Bank checks & Bills of exchange

All of the above

A signed document that promises a sum of payment to a specified person or the assignee is known as a _________

Negotiable instrument

___________ agency refers to the relationship between the agent and the seller wherein the seller acts as the principal and the agent not only acts as the broker of the principal but at the same time he also undertakes the guarantee of the credit which is extended to buyer.

Del Credere

____________occurs when he agent exceeds the scope of their express or apparent authority but it can be implied by a third-party that the agent actually has that authority.

Inherent authority

If a client makes the agent sign a contract specifying what the agent can and cannot do, this is an example of __________authority.

Inherent

Actual express

Implied

Apparent

___________ stipulates that when a contract is required by law to be in writing, the authority of an agent to enter into such a contract on behalf of the principal must also be in writing.

The equal dignities rule

TRUE OR FALSE: A principal might be estoppel from revoking an agent’s authority if the principal limited the agent’s authority but fails to inform third parties who deal with him/her of the agent’s limited authority.

True

False

TRUE OR FALSE: Where an agent himself /herself has an interest in the subject-matter of the contract, the agent is personally liable to the extent of his/her interest in the subject-matter.

True

False

Highlight three circumstances under which an agent might become personally liable to third parties.

i. When the agency is created by express agreement.ii. When the agent acted through necessity after failure to get the principals instructions.iii. When the agency was created by estoppel or ratification.

The concept of agency by ___________arises where one person acts in such a way that the other believes that a third person is authorized to act on his behalf and enters into a transaction with the third person.

Express agreement

Estoppel

Implied agreement

Ratification

Mathayo has become very and is currently incapacitated, thus unable to make decisions. His uncle has been appointed to make decisions on his behalf. This is an example of ________

Agency by necessity

__________relationship refers to a relationship in which a person or organization acts on behalf of another person or persons, putting their clients' interests ahead of their own, with a duty to preserve good faith and trust.

Fiduciary

The following are the rules governing the agency by ratification. Which is true?

An act will be regarded as a ratification only if the principal had a free choice whether to do it or not.

The person ratifying must have contractual capacity.

The agent must purport (intend to seem) to act as an agent.

All of the above.

An agency by ratification is also known as_________ agency.

Ex post facto

TRUE OR FALSE: Ratification renders the ratifier (i.e., the principal) bound to the contract as if he had expressly authorized the person to transact the business on his behalf.

True

False

An agency is created _______

When two or more parties to manage and operate a business and share its profit.

When a commercial enterprise is undertaken jointly by two or more parties which otherwise retain their distinct identities.

When a person delegates his authority to another person to act under his or her control and on his or her behalf or appoints them to do some specific job or a number of them in specified areas of work.

When organizations come together to promote the business interests of their members.

The following are conditions that must be satisfied before the principle of contribution can be applied. Which is not true?

The property must be inured with two or more insurance companies.

The policy must be in respect of the same insured person.

The insurer with less policy amount can be excepted from lability.

The policy must be in respect of the same risk and the same subject matter.

Which of the following is true about insurable interest in life assurance?

A child has no insurable interest in the life of his parents &vise versa in common law.

A master has an insurance interest in the life of his servant to the extent of the value of the services agrees to be rendered.

A servant has an insurable interest in the life of his master to the extent of his remuneration for the agreed period of service.

All of the above.

TRUE OR FALSE: One can purchase life insurance policy without existence of an insurable interest.

True

False

In insurance industry, an____________ contract requires the highest standard of good faith during disclosure of all material facts that could influence the decision of the other party

Uberrimae fides

__________refers to document issued by an insurance company that provides proof of insurance coverage until a final insurance policy can be issued.

Certificate of insurance

Insurance policy document

Cover notes

Insurance proposal form

TRUE OR FALSE: Life assurance pays out a tax-free sum to whoever you choose when you die, whereas, Life insurance pays out a tax-free sum to whoever you choose if you die during the term of the policy.

True

False

Life (a)___________is designed to cover the policyholder for a specific term, while life (b)________usually covers the policyholder for their entire life.

(a). Insurance, (b). Assurance

_________arises where the same party is insured with two or more insurers in respect of the same interest on the same subject matter against the same risk and for the same period of time.

Subrogation

Contribution

Double Insurance

Reinsurance

A creditor has an insurable interest in the life of a _________

Debtor

TRUE OR FALSE: A spouse who relies on their partner for finances has an insurable interest on the life of the partner.

True

False

What are the three types of risks that are insurable?

Liability risk

Accident risk

Personal risk

Property risk

An insurable interest refers to ___________

A sudden and unexpected event that results in damage to an asset and the resultant damage from failure of the asset that can be claimed under and insurance policy.

A type of investment that protects anything subject to a financial loss or the level of hardship someone would experience as a result of the loss of someone or something.

A risk that conforms to the norms and specifications of the insurance policy in such a way that the criterion for insurance is fulfilled.

A type of insurance policy where the insurance company guarantees compensation for losses or damages sustained by a policyholder.

Insurance policies have five main parties; The declaration page, Definitions, Insuring agreements, Exclusions & limitations, and Conditions. Outline five contents covered under the declaration page.

i. The type or name of the coverage being provided.ii. Policy details like the policy period, number, and premium.iii. Names of the people covered and assets (if applicable).iv. The amount limits on coverages and your corresponding deductibles.v. A list of endorsements included in the policy or their total number.vi. Discounts applied to the policy.

TRUE OR FALSE: The principle of contribution only applies to those insurance contracts which are contracts of indemnity.

True

False

Under the principle of _______ ,the total payment for actual loss is proportionally divided among all insurance companies.

Contribution

The insurance principle of subrogation _______________

Enables the insurer to ensure the subject matter with some other insurer.

Enables the insurer to provide financial compensation to the insured in the event of financial loss.

Ensures both parties disclose all material facts to each other.

Enables the insurer to claim the amount paid to the insured from a third party responsible for the loss.

The _____________ is the Government agency established under the Insurance Act, Cap.487 with a mandate to regulate, supervise and develop insurance sector in Kenya.

Insurance Regulatory Authority (IRA)

Luka, a shareholder of Kasuku limited lost his share certificate. He applied for a duplicate one and the company agreed, but on the condition that Luka compensates for the loss or damage to the company if a third person brings the original certificate. This is an example of ____________

Indemnity

The following statements are about contract of guarantee and a contract of indemnity. Which are false?

In the contract of indemnity, one party makes a promise to the other that he will compensate for any loss occurred to the other party because of the act of the promisor or any other person, whereas in the contract of guarantee, one party makes a promise to the other party that he will perform the obligation or pay for the liability, in the case of default by a third party.

In indemnity, there are two parties, indemnifier and indemnified but in the contract of guarantee, there are three parties i.e. debtor, creditor, and surety.

The liability of the indemnifier in the contract of indemnity is secondary whereas, in guarantee liability of the surety is primary because the secondary liability is of the debtor.

The purpose of the contract of indemnity is to save the other party from suffering loss. However, in the case of a contract of guarantee, the aim is to assure the creditor that either the contract will be performed, or liability will be discharged.

In the contract of guarantee, the liability arises when the contingency occurs while in the contract of identity, the liability already exists.

Contract of guarantee is covered under the law of contract Cap 23, laws of Kenya, whereas, contract of indemnity is covered under the law of contract Cap 44, laws of Kenya.

TRUE OR FALSE: An insurance contract is an example of a guarantee

True

False

Which of the following in not a right that guarantor has against a creditor?

Right to notice of default by the principal

None of the above

Right to key information about the guarantee and credit contract

Right to notice of changes in the credit/loan contract

Right to call upon the principal debtor to pay the debtor receiving notice of the principal’s default.

Right to subrogation & reimbursement

Right to recover from other grantors where he/he has paid more than her /his share.

TRUE OR FALSE: A continuing guarantee applies to a series of separable, distinct transactions; therefore, a guarantee is given for an entire consideration cannot be termed as a continuing guarantee.

True

False

A (a)_________guarantee refers to a guarantee that is given in respect of a single debt or specific transaction and is to come to an end when the guaranteed debt is paid or the promise is duly performed, whereas ,a guarantee which extends to a series of transactions is called a (b)__________guarantee.

(a). Specific, (b).Continuing

Hassan advanced a loan of kshs 50,000 to Halima. Juma, Halima’s boss,promised that incase Halima failed to repay the loan, he would repay the same. In this case of contract of guarantee, Hassan is the (a)______, Halima the (b) __________ ,and Juma is the (c). _________

(a).Creditor,(b).Principal Debtor,(c).Surety

The following are characteristics of a contract of guarantee. Which one is not true?

The creditor should disclose to the surety the facts that are likely to affect the surety’s liability

The guarantee should not be obtained by misrepresenting the facts to the surety.

It must contain all the essentials of a valid contract.

The liability of a surety is primary.

Which of the following is not a party to a contract of guarantee?

Creditor

Principal debtor

Indemnifier

Surely/Guarantor

___________ refers to a contract to perform the promise or discharge the liability of the defaulting party in case he fails to fulfill his promise.

Contract of guarantee

Indemnity refers to __________

A formal assurance (typically in writing) that certain conditions will be fulfilled, especially that a product will be repaired or replaced if not of a specified quality.

Refund that is paid to business persons in case their products are damaged.

Protection against damage to property that an insurance company promises to offer.

Security or protection against a financial liability hat occurs in the form of a contractual agreement made between parties in which one party agrees to pay for losses or damages suffered by the other party

Jambo limited. purchased a machine on hire purchase from Zuri Ltd on January 1, 2021, paying Kshs 100,000 immediately and agreeing to pay three annual installments of kshs 100,000 each on December 31, every year. The cash price of the machine is kshs 320,000, and the vendors charge interest @ 5% per annum. Calculate the following:

(a). Hire Purchase price

(b). Total interest paid

a. Hire Purchase priceHire purchase priceCash down payment= 100,000Plus (3 x 100,000) = 300,000 =400,000b. Total Interest PaidTotal hire purchase price = 400,000Less Total cash price = 320,000HP Interest paid = 80,000

The following are features of a hire purchase agreement. Which is are not true?

The payment of the installments is to be done by the buyer i.e., the hirer to the seller over the specified period of time.

Buyer gets the possession and ownership of the goods immediately.

In case of any default of installment payment by the hirer, the vendor has the right to repossess the goods. In that case, the payment already received by the vendor from hirer will be treated as hire charged for the period for which the goods were held.

The ownership of goods is transferred to the buyer upon the payment of deposit

The hire purchase installment amount includes the principal amount as well as the interest charged upon it.

Interest is generally charged on the flat rate.

__________refers to temporary postponement of the payment of an outstanding bill or debt, usually involving repayment by installments.

Credit sale

Conditional sale

Instalment system

Deferred payment

TRUE OR FALSE: In conditional sale agreement, the buyer that gives you the option to own the item at the end of the agreement, whereas, in a hire purchase agreement, the buyer automatically own the item once the finance has been repaid in full.

True

False

A (a) ______ bailment is a type of bailment whereby the bailor transfers possession of property to the bailee on the basis that no compensation is to be paid, whereas, under a (b)________ bailment, the bailer does something for bailee to get something in return and after the accomplishment of the purpose, the bailee will pay him back and will also return his goods too.

a). Gratuitous, (b). Non-Gratuitous

TRUE OR FALSE: A bailor has a duty to compensate bailee for breach of warranty

True

False

Which of the following is not a duty of a bailee ?

Take proper care of goods and not to make unauthorized use of the goods.

Keep any increase/additions or profits

Keep goods separate and not set adverse title

Return Goods after fulfilment of their purpose

TRUE OR FALSE: In a credit sale, the ownership of the goods is passed to the purchaser as soon as the credit sale agreement is made, even if the purchaser has not made any payment yet, whereas, in hire purchase, the ownership of the goods is not passed until the hirer has fully paid the price as agreed upon in the hire purchase agreement

True

False

The following are obligations of the hirer in a hire purchase agreement. Which is not true?

To pay the hire installment

To take reasonable care of the goods (if the hirer damages the goods by using them in a non-standard way, he or she must continue to pay the installments and if appropriate, recompense the owner for any loss in asset value)

To inform the owner where the goods will be kept.

A hirer can sell the products third party after payment of two thirds of the hire purchase price.

A (a)_______refers to a requirement or event that should be performed before the completion of another action, whereas, a (b)________ is an assurance given by the seller to the buyer about the state of the product, that the prescribed facts are genuine.

(a). Condition,(b).Warranty

(a). Warranty,(b).Condition

(a). Contract,(b).Insurance

(a).Insurance,(b).Contract

Which of the following is not an implied term in every hire purchase agreement?

That the hirer shall have and enjoy quiet possession of the goods.

That the goods shall be free from any charge or encumbrance in favor of any third party at the time when the property is to pass.

An implied condition on the part of the hirer that he/she has a right to sell the goods on payment of 50% of the hire purchase price

An implied condition that the goods shall be of merchantable quality, but no such condition shall be implied by virtue of this clause

Which of the following statements about hire purchase agreement are not true?

The owner hires goods to the hirer with an option to purchase the goods when he has made the payment of a certain sum.

The hirer does have an option to return the goods during the period of hire as only the owner can cancel the agreement.

The purchaser who is unable to pay the full price of the asset at one lump sum, gets facilities to acquire an asset and after making the payment of an initial amount called premium, the purchaser pays the balance consideration money in installments.

The hirer may elect to purchase the goods and when he does so, after he fulfills all the conditions prescribed in the agreement, the title to the goods will pass to him.

The property in the goods passes to the hirer on payment of deposit.

It is a form of bailment where the hirer is given the option t to purchase the goods on certain conditions.

The hirer has an option to return the goods during the period of hire

The hirer does not have the right to terminate the agreement for hire and is bound to pay the value of the goods.

TRUE OR FALSE: When the hirer is given time to exercise option to purchase the goods within a stated period and he does not exercise the option within the said period, the agreement comes to an end.

True

False

Under CAP.507, a hirer in a hire purchase contract might terminate a hire purchase contract under which of the following ?

By return of the goods by the hirer, notice of termination by the owner on account of hirers breach of conditions or notice of termination by the hirer.

By performance on the exercise of the option to purchase the goods by the hirer.

Where one party to an agreement releases the other party from the performance of the obligations by him under the agreement, the agreement comes to an end.

All of the above

The deal in which one party can use the asset of the other party for the payment of equal monthly installments is known as (a)__________, whereas an agreement where one party buys the asset and allows the other party to use it by paying consideration over a specified period is known (b)___________.

(a). Leasing, (b). Hire purchase

(a). Renting, (b). Buying

(a). Hire Purchase,(b).Leasing

(a). Buying, (b). Renting

Ex-works contracts refer to ________

A shipping arrangement in that requires a seller to deliver goods to a buyer at an agreed port of arrival and the seller assumes all transport costs.

An agreement under which the purchaser pays the shipping cost from the factory and is responsible if the goods are damaged while in transit

A shipping arrangement in which a seller makes a product available at a specific location, but the buyer has to pay the transport costs.

An agreement whereby the seller must arrange for goods to be delivered to a designated port and next to a specific vessel for easier transfer.

In which of the following cases does transit end according to the sale of goods law?

If the buyer or his agent obtains delivery of the goods before their arrival at the appointed destination.

If after arrival of the goods at the appointed destination, the carrier or other bailee or custodian acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee or custodian for the buyer or his agent.

Where the carrier or other bailee or custodian wrongfully refuses to deliver the goods to the buyer or his agent.

All of the above

________refer to a stipulation collateral to main purpose of the contract and the breach of which gives rise to a right to claim for damages but not to a right to reject goods and treat the contract as repudiated

Condition

Disclaimer

Terms of contract

Warranty

TRUE OR FALSE: In reference to lien as a right of an unpaid seller, lien is exercisable where the goods have been sold on credit but the terms of credit have expired.

True

False

__________refers to goods whose existence is dependent on the future uncertain event/ contingent event.

Future goods

Contigent goods

Ascertained goods

Specific goods

The following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer. Which is false?

The ownership/property in goods is said to be transferred from the seller to the buyer at the time the buyer informs the seller he plans to buy.

The ownership/property in goods is said to be transferred from the seller to the buyer once the goods are in deliverable state and the notice for the same is given by seller to the buyer. Till the time it’s in non-deliverable state, then the ownership lies with the seller only

The ownership/property in goods is said to be transferred from the seller to the buyer at the time when price/ weight/ measurement of the goods is determined and the notice for the same is given by seller to the buyer

Where goods are delivered on approval bases, the property in goods passes from seller to the buyer when buyer gives his approval or acceptance to the seller or does any other act of giving approval to the transaction like, consumes the goods, resells the goods to third party etc.

TRUE OR FALSE: Where there is an agreement to sell specific goods, and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is valid.

True

False

With reference to sale of goods contract, outline six differences between sale and agreement to sale

i. In a sale, the buyer can claim damages from the seller and proprietary remedy from the party to whom the goods are sold, whereas in an agreement to sale, the buyer he buyer has the right to claim damages only.ii. In a sale, an unpaid seller has a right to sue for the price, whereas in an agreement to sales, an unpaid seller has a right to sue for damagesiii. No tax is levied under an agreement to sale, whereas VAT is levied at the time of sale.iv. In an agreement to sale, consequences of subsequent loss or damage to the goods is the responsibility of the seller, whereas, in a sale, the consequences of subsequent loss or damage to the goods is the responsibility of the buyer.v. The nature of sale is absolute while an agreement to sell is conditional.vi. An agreement to sell is an example of Executory contract whereas the contract of Sale is an example of Executed contract.vii. In the case of a sale, the right to sell the goods is in the hands of the buyer, whereas, in agreement to sell, the seller has the right to sell the goods.

TRUE OR FALSE: Under ex-ship contracts, the property in the goods does not pass until actual delivery and the goods are at the seller's risk during the voyage.

True

False

Under _________ contract the seller has to deliver the goods to the buyer at the port of destination.

Free on board (FOB)

Free alongside ship (FAS)

Cost, Insurance and Freight (CIF)

Ex-ship

Which of the following statements is not true about sale of goods by auction?

If the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the seller.

If the goods are put up for sale in an auction in lots, each lot is deemed to be a subject of a separate contract of sale.

A right to sell may be reserved expressly by the seller. In such a case, the seller or any one person on his behalf may bid at the auction

When the auctioneer announces its completion by the fall of the hammer or in some other customary manner, the sale is considered complete. Until such an announcement, any bidder may revoke his bid.

TRUE OR FALSE: In an auction, if the reserve price is not met, the seller can sell the item to highest bidder.

True

False

Which of the following is not a remedy for an unpaid seller?

The seller can sue the buyer because once the property has been passed the buyer is bound to pay the price.

In case the due date of payment has been passed and goods had not been delivered yet, the seller can sue the buyer for the wrongful neglect or refusal on his part.

In case there is a wrongful refusal on the part of buyer for acceptance of goods and payment of money, the seller can sue him for the price of the goods.

When the goods have been transferred to carrier or bailee for the purpose of transmission to the buyer, who has become insolvent, the seller has the right to stop the goods in transit in order to protect himself against the loss that may arise due to insolvency.

Juma sold some goods to Salome for kshs 5,000 and received a cheque. On presentation, the cheque was dishonored by the bank. Juma is an ________

Unpaid seller

In sale of goods, quid pro quo describes_________

An agreement between a buyer and a seller on the amount of penalties to be paid for non-payment of goods purchased.

An agreement between two or more parties in which there is a reciprocal exchange of goods or service.

Favor granted by a seller of good for bulk purchases.

Amount of discount agreed for cash purchases.

________refers to a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration.

Contract of transfer of goods

Contract of purchase

Contract of exchange of goods

In contract law,_______ means there has been a meeting of the minds of all parties involved and everyone involved has accepted the offered contractual obligations of each party.

Consensus ad idem

(a) __________privity can be brought up if benefits in a contract are given to another party that is not a party to the contract, whereas,(b) __________privity may be raised when another contract is made arising from one of the parties to another contract.

• (a).Horizontal,(b).Vertical

TRUE OR FALSE: Any contract with privity, but without consideration, is valid.

True

False

TRUE OR FALSE: The principle of privity of contract helps to protect third parties to a contract from lawsuits arising from that contract.

True

False

The doctrine of __________of contract prevents a person who is not a party to a contract from enforcing a term of that contract, even where the contract was made for the purpose of conferring a benefit on the third party.

Privity

Which of the following are the three things that are required for a consideration to uphold validity?

The abstinence or act should be done at the desire of the promisor

The act should be done by the promise or any other person.

The abstinence or act should be done at the desire of the promise.

The act should be either already executed or be in the process of being done or should be executory (i.e. it should be promised to be done)

TRUE OF FALSE: Without consideration, a promise does not have any legal obligations.

True

False

The phrase (a).______means let the buyer beware, whereas,(b). ________ means seller beware.

(a).Caveat emptor,(b). Caveat venditor

Any legal interest in the premises that is not terminable at the will of the landlord or at the time the tenant is entitled to take possession is referred to as __________.

Paramount title

A contract in which the parties have performed their duties under the contract is referred to as (a)_________, whereas a contract in which the parties have not yet performed their obligations under the agreement is referred to as (b)_______

(a). Executed, (b). Executory

(a). Executory, (b). Executed

(a). Voidable, (b). Void

(a). Void, (b). Voidable

Which of the following are not true about conditions and warranties?

Conditions are considered more important stipulations in the development of the contract whereas, warranties are of lesser importance.

A warranty must be performed prior to the completion of another action, whereas, a condition essentially a promise that the facts a buyer gives a seller are genuine

It\'s not possible for a contract of sale to be fulfilled unless the conditions are fulfilled., whereas with warranties, this stipulation is a secondary concern because it\'s possible for a contract to be fulfilled without the warranty being fulfilled.

The objective of the agreement is directly associated with warranties, whereas conditions are simply subsidiary provisions that are related to the contract\'s objective.

If someone breaches a condition, the contract may be terminated. If someone breaches a warranty, the other party can claim damages for the breach.

Conditions are imperative; otherwise, a contract can be denied. Contracts aren\'t renounced just because warranties aren\'t met.

A warranty breach deprives the non-breaching party of the whole contract benefit, whereas any breach that doesn\'t deprive it of the whole benefit is simply a condition breach.

TRUE OR FALSE: A leasing agreement is an example of an implied contract, whereas, sale by fall of hammer in an auction is good example of an express contract.

True

False

An (a)_______ contract is one in which the proposal and acceptance, that results in an agreement, enforceable by law, is expressed verbally, whereas an(b)______contract refers to a contract wherein the proposal and acceptance, leading to the contract, is expressed nonverbally (i.e. through other means).

(a).Express,(b).Implied

TRUE OR FALSE: A promise that has been made as a result of past consideration cannot be enforced in a court of law. However, a promise to pay a debt that was eliminated by bankruptcy is enforceable.

True

False

Highlight five circumstances which might result in a contract being frustrated.

i. The subject matter of the contract is destroyed.ii. There is an excessive delay in performance due to unforeseen circumstances.iii. A party to the contract dies or is incapacitated.iv. The expected method of performance becomes impossible due to unforeseen circumstances.v. There is a state intervention of a natural disaster.vi. There is war or a terrorist attack.

A contract is (a)______when all of the elements essential to forming a legal contract are present, whereas, an (b) ________contract is one that can be enforced in court of law.

(a).Valid,(b).Enforceable

TRUE OR FALSE: A landlord forcing a tenant to sign a contract forbidding medically necessary companion animals such as seeing eye dog is an example of unenforceable contract (deemed centrally to public policy)

True

False

(a)______ is an untrue defamatory statement that is made in writing, whereas,(b) ______ is an untrue defamatory statement that is spoken orally.

(a). Libel-(b). Slander

(a). Defamation-(b). Insult

(a). Disparagement-(b). Lies

(a). Slander-(b). Libel

The____________ Act(Cap.34) defines the liability of an occupier of premises for injury to persons or damage caused to goods and resulting from actions or omissions of the occupier in respect of the occupied property.

Occupiers liability

TRUE OR FALSE :The maxim of ''volenti non-fit injuria ''will not apply when the act relied upon is done because of the psychological condition which the defendant’s breach of duty had induced.

True

False

________ occurs when a person uses or alters a piece of personal property belonging to someone else without the owner's consent.

Conversion

Which of the following is not an intentional tort?

Trespass to land, Battery, and False imprisonment.

Trespass to chattels and Conversion

Infliction of emotional distress and Assault

Deceit, Sloth and Envy

The ________rule holds that ,where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault.

Donongue vs Stevenson (1932)

Ryland vs Flecture (1868)

Bourhill vs Young (1943)

Nettleship vs Weston (1971)

TRUE OR FALSE: A person employing an independent contractor might be held liable for the contractor’s torts where the work to be done is statutory in nature.

True

False

TRUE OR FALSE: If an employee takes a defamatory statement written on a note in an employee's file and shows it to people around the office, the courts may not compensate her/him for the defaming statements as the publication was entirely her/his own doing.

True

False

TRUE OR FALSE: Libel and slander are forms of defamation.

True

False

As a victim of negligence, Mathayo has been advised he must prove any or some the following. When duty of care is not executed correctly, the victims must prove_______

The defendant has enough resources to compensate him.

The defendant owed him duty of care

The defendant did not provide that duty of care

The lack of care was the legal cause of his injuries

The defendant committed only vicarious negligence

He suffered an injury or some sort of damage

A home care nurse not providing a patient with food or water for several days is an example of ___________negligence.

Gross

Mercy’s neighbor, Juma, constantly plays loud music in his house throughout the night. The noise has been interfering with her sleep, but despite asking him to lower the volume. Uma has refused. Mercy wants to sue under the theory of private nuisance. As the plaintiff, Mercy must proof the following. Which is not true

The defendant (Juma) actually acted in a way that interferes with her enjoyment and use of her property.

The defendant\'s (Juma’s) interference was substantial and unreasonable.

Juma’s actions interfered with other neighbors

She owns the property/house and has right to use/enjoy living in it.

The tort of private nuisance ______

Protects a person from being sued by his/her neighbors

Provides a defense for deliberately causing public nuisance on one’s private property.

Enables neighbors to use each other’s property anytime.

Protects a person\'s right to use and enjoy his or her property.

Which of the following is not an example of absolute privilege defense?

An employer’s communications with others as a character reference for current or former employee.

Actions and statements made by legislators during debates and in the course of their legislative work.

Political speech and ads

Communication between spouses.

TRUE OR FALSE: An absolute privilege protects the speaker even if the speech is false and malicious, whereas, a qualified privilege is no protection against actual malice.

True

False

What are the 4D’s of medical malpractice?

Duty-Defense-Damages-Defective

Duty-Deviation-Damages-Direct cause

Damage-Dangerous-Defamation-Direct cause

Default judgement-Duty-Deficiency-Duty

Juma was attacked by Suleiman and believing he was in imminent danger, used reasonable force to defend himself. In the process, he broke Suleman’s legs and Suleiman has sued him. What type of general defense can Juma apply?

Volenti non-fit injuria

Private defense

Self-defense

Statutory authority

Sara went to do shopping at Light Supermarket. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Sara is aggrieved and seeks compensation from Light supermarket, but the supermarket denies liability. Identify the applicable legal principles and advise Sara.

In this case, Sara believes the supermarket was negligent and should have put a notice warning its customers about the slippery floor. She also believes she can be relieved by the doctrine of res ipsa liquitur, which holds that___________

The defendant should have foreseen the accident and taken due care.

The occurrence of any accident is sufficient proof even if the plaintiff was negligent.

If a plaintiff should have foreseen the accident and taken due care

The mere occurrence of some types of accidents is sufficient to imply negligence (the facts speak for themselves)

In reference to general defense in tort, volenti non-fit injuria holds that ________

A person who voluntary consents to a particular act cannot also claim that the same act is an intentional tort.

A person who knowingly and voluntary risks danger cannot recover for any resulting injury.

No action can result from an illegal act.

An inevitable accident is a general defense in the law of tort

The following are the differences between tort and contract. Which is not true?

In tort, the party suing is always the state, whereas in contract, the party suing is always a corporation

In tort, the duty is fixed by law, whereas, in contract, the duty is fixed by the parties.

In tort, the duty is owed to persons generally, whereas, in contract, the duty is owed to the parties to the contract.

In tort, the remedies are few (restricted), whereas in contract, the remedies are far much wider.

Tort law is the branch of the law that deals with civil suits, with the exception of disputes involving _______

Breach of contracts

A document that outlines in detail the rights and responsibilities of all parties to a business operation is known as __________

Partnership deed

Which of the following is not a feature of unincorporated association?

All such association s must have at least two members

It is not a legal entity.

Members of the association cannot be held liable for one another

The members of such an association may change from time to time like any other incorporated corporation

It is a separate legal entity and can therefore act in its own name.

They are general small or informal community organizations.

__________refers to an association of workers in a particular trade, industry, or company created for the purpose of securing improvements in pay, benefits, working conditions, or social and political status through collective bargaining.

Society

Trade union

Workplae forum

Employer association

TRUE OR FALSE: private companies are exempted from holding a statutory meeting while in the case of public companies, the same is mandatory.

True

False

In reference to legal persons, human beings are example of (a)._____________persons, whereas companies, firms and institutions are examples of (b)._________.

(a). Natural , (b).Artificial

TRUE OR FALSE: A person can acquire nationality by subjugation or by cession.

True

False

(a)________refers to the legal relationship which exists between the nation and the individual, whereas (b) ___________ denotes the country that a person treats as their permanent home or lives in and has substantial connection with.

a). Nationality (b). Domicile

TRUE OR FALSE: Paying a widow of a deceased partner annuity by way of a portion of the profits made by the business in which the deceased was a partner creates a new partnership with the widow.

True

False

Which of the following are elements that must coexist in order to constitute a partnership?

There must be a contract/agreement.

There must an association of two or more persons

There must be a minimum of two members and a maximum of 200 members

The persons must agree to carry on business

The liability of the partners must be limited.

There must be sharing of profits

The business must be carried out by all or any of them acting for all.

They must have a minimum paid -up capital of kshs 100,000.

The ability to have legal rights and duties (e.g. sue & be sued) within a certain egad system is known as __________

Legal personality.

According to the constitution of Kenya, a person can acquire citizenship in Kenya through several ways. Which of the following is not true?

A person is a citizen by birth if on the day of the person\'s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen

A child found in Kenya who is, or appears to be, less than twelve years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.

Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.

A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.

TRUE OR FALSE: In Kenya, citizenship can be lost through marriage or the dissolution of marriage.

True

False

In relation to the law of persons, highlight three differences between a company and a cooperative society.

i. The main objective of a cooperative society is to provide essential services for the benefit of members, whereas the main objective of a company is to earn profit.ii. The minimum number of members required for the registration of a cooperative is 10, whereas the Companies Act requires at least 7 persons for the formation of a public limited company and at least 2 persons for the formation of private limited company.iii. A cooperative society may or may not have share capital and a member cannot transfer the shares of the society, whereas a company must have capital divided into shares by its shareholders and the shares of a company are freely transferable.

The Railways company of Kenya, KPLC and Kenya Tea Development agency are examples of ______.

Corporation aggregates.

Statutory corporations.

Corporation soles.

Government bodies.

TRUE OR FALSE: Under a cooperation sole, only one person may occupy the position at any point in time, whereas, a corporation aggregate has multiple members at any given time.

True

False

A (a)_____(refers to the group of people who unite to form one body under special denomination, a (b)_______ refers to an individual person who represents an official position which has a single separate legal entity,and a (c) _______ refers to a public enterprise formed by a special Act of the parliament.

(a). Corporate aggregate(b). Corporation sole(c). Statutory corporation

The superior court of Kenya are made of ________

Supreme court-Magistrates’ courts-Hight court- Environment & Land court, and Court of Appeal.

Court of Appeal-Court Martial-Tribunal Court-Supreme Court-Employment & Labor Relations court, and Hight court.

Supreme court-Kadhis court-Court of Appeal-Court martial- and High court .

Supreme court-Court of Appeal-Hight court-Employment & Labor Relations court, and Environment & Land court.

The Court of Appeal of Kenya is established under Article (a)_______of the constitution of Kenya and consists of a number of judges, being not fewer than (b).________.

(a).164,(b).12

Which of the following is not true about of administrative tribunals?

Cheaper and simplified procedures

Similar to sub-ordinate courts or superior courts.

Flexible, thus adaptable to different situations.

Efficacy & speed of justice.

TRUE OR FALSE: Even though tribunals have the similar power of courts, they don’t enjoy the same amount of independence

True

False

Which of the following is not under the jurisdiction of the Industrial court in Kenya?

Disputes between employer and employee.

Disputes between employer and trade unions.

Registration of Collective Bargaining Agreements (CBAs).

Disputes relating to environmental planning and protection.

In the structure and hierarchy of the court system in Kenya, the subordinate courts include___________.

Court of appeal-Environment & land court-Kadhis court and Local tribunals courts

High court-Employment & Labor Relations, Court Martial & Supreme court.

Magistrates’ courts-Kadhis courts-Court martial & local tribunal courts.

Magistrates’ court, Employment & Labor relations, Magistrates’ courts and Environment & land court.

Which of the following are under the jurisdiction of the supreme court of Kenya?

Determine all criminal and civil matters.

Hear and determine presidential election disputes.

Determine cases concerning the violation and or infringement of the bill of rights.

Hear appeals on cases that have been concluded by the court of appeal.

Hear and determine appeals from any other court or tribunal as prescribed by the national legislation.

Hear appeals from subordinate courts and tribunals.

Issues advisory opinions on matters concerning the County Governments ,in any cases involving the interpretation or application of the Constitution and in matters of general public importance

Exercise supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function

Determines the validity of a declaration of a state of emergency

The supreme Court comprises of the (a)______who is the President of the Court, (b)______who is the Vice-President of the Court and (c)_____other Judges.

(a).Chief justice,(b)Deputy chief justice,(c).Five

TRUE OR FALSE: The supreme Court is established under Article 165 of the Constitution.

True

False

Which of the following matters relating to employment and labor relations not handled by the magistrates’ courts in pursuant to Gazette Notice no.6024 (2018) ?.

Trade disputes under the Labor Relations Act, 2007.

Offences under the Employment Act, 2007 & under the Labor Relations Act, 2007.

Offences under the Labor Institutions Act, 2007.

Offences under Occupational Safety and Health Act, 2007 & and Work Injury Benefits Act, 2007.

Highlight four types of disputes that fall under the jurisdiction of the environmental and land court in Kenya in accordance with Article 162(2)(b) of the constitution

i. Disputes relating to compulsory acquisition of land.ii. Disputed relating to land administration and management.iii. Disputes relating public, private and community land and contracts.iv. Disputes relating to environmental planning, and protection, climate issues, land planning, title, tenure, boundary, mining & minerals.

TRUE OR FALSE: The Environment and Land Court is a superior court that has the same status as the high court.

True

False

The removal of a judge may be initiated only by the (a)__________ acting on its own motion, or on the petition of any person to the (b)________.

(a).Judicial Service Commission,(b)Judicial Service Commission

A judge of a superior court may be removed from office on the following grounds . Which of the following statements is not true?

Inability to perform the functions of office arising from mental or physical incapacity.

A breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament.

Bankruptcy & incompetence.

Conflict with other judges.

TRUE OR FALSE: Administrative tribunals are preferred to courts because they are cheap, accessible, free from technicality, have expert knowledge in their particular subject and quick in making decisions.

True

False

_______ refers to bodies established by Acts of Parliament to exercise judicial or quasi-judicial functions to supplement ordinary courts in the administration of justice.

Administrative tribunals

The following are questions that might be heard by the high court under its jurisdiction to hear matters in respect of interpretation of the constitution in Kenya. Which is not true?

Any constitutional relationship between the national and the county government

Whether anything said to be done under the authority of the constitution or any law is inconsistent with the constitution.

Whether there are any matters that relate to conflict of laws made by the county assemblies and those of the National assembly.

In natural justice, Nemo Judex in causa sua means that__________.

No person should be condemned unheard

Procedures must be free from bias.

Equality must be observed.

Constitution is respected and upheld.

TRUE OF FALSE. An arbitration award may be reviewed by the court if the arbitrator was biased or there was fraud in the process

True

False

Which of the following statements about administration tribunals is false?

As many of the members of the panel are selected from different walks of life with no or little legal background, they may lack the requisite legal expertise to adjudicate disputes.

As most the members of the administrative tribunals are at the same time employees of the various offices or agencies, they are free from bias and partiality towards the agency.

Administrative adjudication is cheaper than court adjudication.

Administrative adjudication is more convenient and accessible to individuals compared to ordinary courts.

TRUE OR FALSE: The doctrine of separation of powers concentrates powers in one organ.

True

False

In Kenya, on the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by the following ways. Which is not true?

Granting a free or conditional pardon to a person convicted of an offence.

Postponing the carrying out of a punishment, either for a specified or indefinite period.

Substituting a less severe form of punishment or remitting all or part of a punishment.

Transferring the prisoner to a different jail.

Quo warrant refers to ___________.

A writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.

A writ issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.

A writ requiring a person under arrest of illegal detention to be brought before a judge or into court, especially to secure the person\'s release unless lawful grounds are shown for their detention.

A writ that is applicable to the private offices only and not to public offices.

In the application of judicial review, a (a)._______refers to a writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty, whereas a (b).________refers to a writ issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.

(a).Mandamus, (b).Certiorari

TRUE OR FALSE: An arbitration clause requires the parties to resolve their disputes through an arbitration process and binds the parties to a type of resolution outside the courts.

True

False

(a)._____________ is a method of dispute resolution in which parties settle their conflict and reach an agreement through discussion, whereas, (b).___________is a method of dispute resolution in which an independent third party assists the parties to conflict in resolving their disputes.

(a).Arbitration,(b).Negotiation

(a).Litigation, (b).Mediation

(a).Negotiation, (b).Mediation

(a).Mediation, (b).Arbitration

____________is when parties to a contract agree to resolve future disputes via binding arbitration rather than in court or otherwise.

Contractual arbitration

TRUE OR FALSE: If an arbitration award is outside the agreement, it is void, and a since a void award cannot be severed from the rest of the award, the whole award is void.

True

False

Which of the following is not one of the ways disputes might be referred to arbitration?

By order of the court/judiciary

By consent of the parties

By stipulation

By order of the police.

TRUE OR FALSE: The legislature makes the laws; the executive puts the laws into operation; and the judiciary interprets the laws.

True

False

___________ is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate.

Separation of powers

Which of the following is not a function of the judiciary in Kenya?

A. Formulation and implementation of judicial policies.

Making & putting laws into operation.

Administration of justice.

Compilation of and dissemination of case law and other legal information for the effective administration of justice.

The two rules of natural justice are______

The rule to follow the law and the rule of equity.

The rule to justice and the right to legal aid.

The rule against bias and the rule of the right to a fair hearing.

The rule against delay and the rule to equality.

TRUE OR FALSE: Under the bill of rights in Kenya, constitution outlaws abortion unless it is advised by a legally recognized medical practitioner to save the life of the mother or permitted under other circumstances like rape.

True

False

The following are rules that govern the application for stare decisis. Which is not true ?.

It obligates courts to follow historical cases when making a ruling on a similar case.

It obligates that cases follow the precedents of other similar cases in similar jurisdictions.

A subordinate court of appeal shall not be bound by a previous decision of its own

________ is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.

Stare decisis

TRUE OR FALSE: A Local custom need not be in conformity with statute law before it can be recognized by the courts.

True

False

Under delegated legislation,( a)________are regulations made by government departments,(b) ________ are made by county governments and local authorities, or public corporations, and (c)__________are issued by Cabinet Secretaries.

(a).Statutory instruments,(b).Bye-laws,(c).Legal notices

__________refers to law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation.

Delegated

The following statements refer to Islamic law as a source of law in Kenya.Which is false ?.

The following statements refer to Islamic law as a source of law in Kenya. Which is false ?.

It is difficult to reconcile with the fundamental principles of democracy

It makes it to resolve cases where both parties adhere to Islam faith

TRUE OR FALSE: Case law may restrict discretion of the judges.

True

False

_________refers to law as established by the outcome of former cases

Case law

TRUE OR FALSE: In reference to maxims of equity, ’Equity looks to form rather than intent’.

True

False

Which of the following statements about using judicial precedents as a source of law is false ?.

Strict application of the judicial precedent makes the legal system inflexible and unresponsive to changes.

Case law is bulky and complex as many decisions have been made and there is no index. as to which of the are precedents in what cases, thus challenge in extracting the ratio decidendi.

Case law makes the legal system uncertain and unpredictable.

Case law facilitates consistency and uniformity in the administration of justice as similar cases are decided in alike.

The following are factor that a court might consider when applying a judicial precedent. Which is not true ?

The decision of the preceding court must not have been given per incuriam.

The decision must form part of the orbita dicta of the case.

The material facts of the case must be similar.

The decisions in the precedent must be based on a proposition law.

Which of the following statements is not true about Acts of parliament as a source of law ?.

It is the process of passing bills into laws is quick and time saving

It is democratic as it reflects the wishes of those who are represented and what the law should be

Some Acts imposed on the people reflect the views of the executive or the ruling party.

It enables the parliament to find legal solutions to any problem that the country may face by passing new acts or amending existing ones.

Statements a lawyer tells the jury in a criminal case to convince them of his/her client’s innocence is an example of ______________, whereas an unanimous decision held/reached by Supreme court judges that secularism is one of the basic structures of the constitution of Kenya is an example of ________________.

Obiter dicta-defense arguments

Ratio decidendi-Obiter dicta

Obiter dicta-Ratio decidendi

Defense arguments-Ratio decidendi

Which is ones of the following are branches of civil law?

Procedural-Tort-Property-Marriage-Substantive-Employment.

Contract-Equity-Private-Marriage-Tort-Succession.

Succession-Trust-Marriage-Property-Employment-Administrative.

Contract- Tort- Property-Succession-Trust-Marriage

____________ is an offense relating to a criminal act which has not, or not yet, been committed.

Inchoate offence

Felony offence

Misdemeanors

Strict liability offence

Plaintiff and defendant are the main parties in a (a)_____________case, whereas, prosecution and defense are the main parties in a (b)_____________.

(a).Civil,(b).Criminal

TRUE OR FALSE: Morals wrongs are acts that are contrary to the rule of natural justice, whereas, legal wrongs are acts that are contrary to the rule of legal justice & violation of the law.

True

False

The following are differences between common law and equity. Which is not true ?

Common Law is a body of law based on precedent or court decisions, whereas equity constitutes general principles and serves as a supplement to Common Law.

Common law entails applying the rules of common law to the issue before the court, whereas, Equity is based on a judicial evaluation of fairness, reason, good faith and justice.

Imposing a lien is example of common law decisions, whereas a rule that a judge made that says that people have a duty to read contracts is an example of an equity decision.

Equity is a form of legal relief in the event such relief cannot be found in the rules of common law

___________refers to a written law produced by Parliament which originates from decisions made in other courts and the country's written constitution

Statute law

Which of the following is not a form of punishment that might be inflicted in the court in criminal law?

Death

Incarceration

Forfeiture

Coercive remedy

TRUE OR FALSE: While sanctions are invariably imposed for the infringement of a legal obligation, there is no official sanction for immoral behavior.

True

False

Which of the following is not a characteristic of law ?

It is a set of rules that regulates human conduct.

It is the expression of the will of the people and is generally written down to give it definiteness.

It is created and maintained by the state and religious institutions.

It is backed by coercive authority and its violation leads to punishment.

The following are differences between criminal and civil law. Which is not true?

In criminal court, it is the responsibility of the state/prosecutor to prove that the defendant undoubtedly committed the crime, whereas, in civil court, the burden of proof falls on the plaintiff, who must prove that it is more likely the defendant was responsible for the problem than not.

In a criminal case, potential punishment includes incarceration/jail, probation and fines, whereas, in a civil case, the defendant found guilty is ordered to pay damages on monetary form to the plaintiff or ordered to do or not to do something.

A defendant in a civil case is entities to an attorney and if he/she cannot afford one, the state must provide one, whereas in a criminal case, the defendant in not provided with an attorney and must pay for one or offer self-defense.

Civil laws are applied when an individual has had his or her rights violated or when individuals have disputes with other individuals or organizations, whereas, criminal laws are applied when an individual is convicted of crimes like arson, assault and theft.

In law, remedies are concerned with the character and extent of relief to which an individual who has brought a legal action is entitled once the appropriate court procedure has been followed, and the individual has established that he or she has a substantive right that has been infringed by the defendant. ____________damages are imposed upon the defendant in order to punish or deter her/him, rather than to compensate the plaintiff.

Compensatory

Punitive

Restitution

Coercive

TRUE OR FALSE: Law of torts is an example to private law.

True

False

Which of the following is not an example to public law?

Constitutional law

Criminal law

Property law

Administrative law

__________refers to the to the body of rules that determine the rights and obligations of individuals and collective bodies.

Substantive law

Procedural law

Civil law

Law refers to _________

The ethical code of conduct for a human being.

The moral principles that govern a person\'s behavior or the conducting of an activity.

The set of rules and regulations enforced by the state to regulate the human behavior in society.

A body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.