Foundations Of Law And The Kenyan Legal System Practice Tests

Question 1

Which school of thought posits that laws are inherent in nature and should align with these natural principles?

Accepted Answer

A. Natural Law Theory

Answer

B. Legal Positivism

Answer

C. Pure Theory of Law

Answer

D. Legal Realism

Question 2

Legal positivism asserts that the validity of a law depends on its inherent morality.

Accepted Answer

True

Answer

False

Question 3

According to the pure theory of law, what is the 'grundnorm'?

Accepted Answer

Basic norm

Question 4

Which of the following best describes the core tenet of legal realism?

Accepted Answer

B. Law is what the courts do in practice.

Answer

A. Law is a set of universally applicable rules.

Answer

C. Law reflects the spirit of the people.

Answer

D. Law is a tool for maintaining economic power.

Question 5

Which of the following are functions of law?

Answer

A. Promoting peaceful coexistence

Answer

B. Protecting rights and enforcing duties

Answer

C. Resolving social conflicts

Answer

D. Ensuring economic equality

Answer

E. Promoting religious uniformity

Question 6

Which of the following actions is an example of something that contravenes morality but not necessarily the law?

Accepted Answer

C. Failing to rescue a drowning person

Answer

A. Killing a person

Answer

B. Theft

Answer

D. Committing assault

Question 7

Which of the following is the supreme law of Kenya?

Accepted Answer

A. The Constitution of Kenya

Answer

B. Acts of Parliament

Answer

C. Judicial Precedents

Answer

D. English Statutes of General Application

Question 8

What is the doctrine that dictates that courts should follow precedents set by previous decisions?

Accepted Answer

Stare decisis

Question 9

English Statutes of general application in force in England on 12th August 1897 are applicable in Kenya, even if repealed by a Kenyan statute.

Accepted Answer

False

Answer

True

Question 10

In which cases is African Customary Law applicable?

Accepted Answer

B. Civil cases where one or more parties are subject to it, provided it is not repugnant to justice and morality.

Answer

A. Criminal cases involving members of specific tribes.

Answer

C. All cases involving land disputes.

Answer

D. Cases involving international treaties.

Question 11

Which of the following matters fall under the jurisdiction of Kadhis' Courts?

Answer

Personal status

Answer

Criminal law

Answer

Marriage

Answer

Divorce

Answer

Inheritance

Answer

Commercial disputes

Question 12

Which court has exclusive original jurisdiction to hear disputes relating to presidential elections?

Accepted Answer

A. The Supreme Court

Answer

B. The Court of Appeal

Answer

C. The High Court

Answer

D. The Magistrates' Court

Question 13

What type of jurisdiction does the High Court have in criminal and civil matters?

Accepted Answer

Unlimited original jurisdiction

Question 14

Which of the following is NOT an essential element of negligence?

Accepted Answer

D. Malice

Answer

A. Duty of care

Answer

B. Breach of duty

Answer

C. Resulting loss or damage

Question 15

Libel is defamation in transient form, such as spoken words.

Accepted Answer

True

Answer

False

Question 16

Which of the following are defenses to the rule in Rylands v Fletcher?

Answer

A. Consent of the plaintiff

Answer

B. Plaintiff's wealth

Answer

C. Act of God

Answer

D. Act of a third party

Question 17

Define 'offer' in the context of contract law.

Accepted Answer

An unequivocal manifestation by one party of its intention to contract with another.

Question 18

What is the key difference between an offer and an invitation to treat?

Accepted Answer

B. An invitation to treat is an invitation to make an offer.

Answer

A. An offer is always written, while an invitation to treat is always oral.

Answer

C. An offer cannot be revoked, while an invitation to treat can.

Answer

D. There is no legal difference between the two.

Question 19

Which of the following best describes the doctrine of privity of contract?

Accepted Answer

A. Only parties to a contract can sue or be sued on it.

Answer

B. All contracts must be in writing to be enforceable.

Answer

C. Minors cannot enter into contracts.

Answer

D. Contracts require consideration to be valid.

Question 20

What is 'Res Ipsa Loquitur'?

Accepted Answer

C. The thing speaks for itself

Answer

A. Let the master answer

Answer

B. The burden of proof

Answer

D. Beyond a reasonable doubt

Foundations Of Law And The Kenyan Legal System Practice Tests

Practice Tests

Foundations of Law and the Kenyan Legal System

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