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Nature, Purpose and Classification of Law

Unit: Introduction to Law and Governance

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Practice CPA Introduction to Law and Governance Nature, Purpose and Classification of Law questions with detailed answers and explanations.

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April 2026

 2 Questions
Question 1
​​(a) In relation to the law of contract, explain the following terms: 
 
(i) Invitation to treat. 
 
(ii) Counter-offer. 
 
(b) With reference to the sources of law in Kenya, summarise FOUR advantages of written law over customary law.    
 
(c)  Outline FOUR roles of the government in relation to corporate governance in your country.
 
(d) Analyse FOUR essential features of arbitration as an alternative dispute resolution (ADR) mechanism.  


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Question 2
​​(a) Distinguish between “real property” and “personal property”.     
 
(b) Outline SIX characteristics of a good law. 
 
(c) Enumerate SIX rules governing revocation of an offer. 
 
(d) Edith Atieno ordered 120 cartons of bottled water from Lilo Traders at Sh.1,500 per carton. The seller delivered 140 cartons and demanded payment for all 140 cartons. 
  
 Required: 
(i) Identify TWO options available to the buyer under the Sale of Goods Act where a seller delivers a larger quantity than ordered.  
  
(ii) Summarise TWO remedies available to the seller if the buyer wrongfully refuses to pay for cartons accepted. 


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December 2025

 2 Questions
Question 6
​​(a) Statutes of General Application are recognised as a source of Law of Kenya by Section 3 (1) (c) of the Judicature Act. However, their application is restricted.  
 
List FOUR ways in which they can only be relied upon.  
 
(b) With reference to the law of property, describe FOUR types of interests in land. 
 
(c) Examine FOUR acts that constitute professional misconduct for an accountant.  


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Question 1
​​(a) Distinguish between “agency” and “bailment”.  
 
(b) Outline FOUR disadvantages of judicial precedent.  
 
(c) Jane Vilakazi went to KiloRide Bus Company to travel from Nairobi to Kisumu. At the ticket counter, she was given a ticket that stated on the back: “The company is not liable for any loss, injury or damage to passengers, however caused.” Jane Vilakazi did not read the clause. During the journey, the bus driver, who was drunk lost control of the bus causing an accident in which Jane Vilakazi was seriously injured and her luggage was destroyed. Jane Vilakazi sued KiloRide Bus Company for damages.  
 
The company relied on the exemption clause to decline compensation. Advise Jane Vilakazi on the following: 
 
(i) The law on exemption clauses. 

(ii) Vitiating factors in contract law.


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August 2025

 2 Questions
Question 1c
​​Using FIVE reasons justify the importance of law in a country.


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Question 1a
​ ​ ​ ​​Citing TWO examples, distinguish between “public law” and “private law”.


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April 2025

 2 Questions
Question 1a
​​In relation to sources of law, identify FOUR roles of the constitution in your country.


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Question 1b
​​Explain FOUR advantages of judicial precedence.


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December 2024

 2 Questions
Question 7c
With reference to judicial precedence, differentiate between “ratio decidendi” and “obiter dicta”.


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Question 7b
​ ​​Explain THREE rules applied by the courts in the interpretation of statutes.


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August 2024

 2 Questions
Question 1c
​​Discuss FIVE sources of law in your country.


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Question 5b
​ ​​Outline FIVE matters which judges may consider to determine whether a dispute should be heard under African Customary Law.


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December 2023

 1 Questions
Question 2b
​​State THREE functions of law


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August 2023

 2 Questions
Question 3b
​​Distinguish between primary legislation and delegated legislation.


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Question 1b
​​Highlight SEVEN characteristics of a good law,


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April 2023

 4 Questions
Question 1b
​​List FIVE types of substantive law.


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Question 2a
​​Summarise FOUR differences between “civil” and “criminal cases”


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Question 5b
​ ​​Describe the procedure of making laws in parliament


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Question 5c
​​Identify SIX challenges of common law that equity sought to mitigate.


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December 2022

 3 Questions
Question 3c
​​Discuss FIVE types of precedents.


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Question 2b
​​Distinguish between “law” and “morality”.


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Question 2c
​​Subordinate courts are bound to apply the decisions of superior courts in subsequent similar cases where they have been pleaded as law.

Describe FIVE exceptions to this rule.


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August 2022

 4 Questions
Question 6c
​​Discuss four advantages of the doctrine of “stare decisis”.


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Question 1c
​​State eight sources of law identified by the Judicature Act.


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Question 1b
​​Distinguish the remedies available in civil law and those available under criminal law.


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Question 1a
​​In relation to the classification of law, distinguish between:

(i) “Municipal law” and “international law”.

(ii) “Substantive law” and “procedural law”.


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April 2022

 1 Questions
Question 5b
​​(i) Examine four salient features that define the Supremacy of the Constitution of a country.

(ii) Highlight two ways in which a Kadhis Court might apply Islamic law


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Pilot December 2021

 1 Questions
Question 1a
Customary law is a source of law in many countries. However, it must fulfill the criteria set before it is accepted
as a source of law.

With reference to the above statement, outline the criteria to be fulfilled.


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December 2021

 2 Questions
Question 1a
​​Describe two advantages that unwritten law has over written law.


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Question 1b
​​Identify five factors that are likely to undermine the rule of law..


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August 2021

 2 Questions
Question 1a
​​Distinguish between "criminal law" and "civil law".


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Question 1b
​​Explain four disadvantages of using African Customary Law as a source of law.


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May 2021

 3 Questions
Question 1a
​​Explain four features of the civil law system.


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Question 3b
​​Identify four common characteristics of law.


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Question 3c
​​Explain three types of delegated legislation.


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November 2020

 2 Questions
Question 1c
​​In the context of sources of law: 

(i) Explain two forms that a persuasive precedent might take. 

(ii) Itemise six components of a judicial precedent (judgment).


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Question 2a
​​(i) Highlight six similarities between law and morality. 

(ii) Identify four ways in which law might be classified.


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November 2019

 2 Questions
Question 4a
​​In the context of classification of law, state: 

(i) Four modes of sentencing that a court might impose on an offender. 

(ii) Four modes of judgement that a plaintiff might be awarded.


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Question 1a
​​(i) Outline four ways through which the Supremacy of the Constitution is manifested. 

(ii) Identify eight sources of law in your country.


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May 2019

 2 Questions
Question 7d
​​List four examples of law which fall under criminal law.


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Question 2b
​​Distinguish between "substantive" and "procedural" law.


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November 2018

 5 Questions
Question 1a
​​Outline six properties of law.


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Question 3c
​​Identify four grounds upon which a valid treaty might be invalidated under international law.


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Question 2b
​​The legislative power of parliament is exercisable through bills passed by the National Assembly. 

With reference to the above statement, explain three types of bills that might be presented to parliament in your country.


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Question 2a
​​Explain the meaning of the term "written law".


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Question 1b
​​In relation to the sources of law: 

 (i) Distinguish between an "amendment" and a "repeal" of a law. 

(ii) Identify four examples of persuasive precedents.


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May 2018

 2 Questions
Question 6d
​​Identify four branches of civil law.


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Question 1a
​ ​​With specific reference to sources of law: 

(i) Explain three advantages of an unwritten constitution over a written one. 

(ii) Distinguish between "obiter dicta" and "ratio decidendi".


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November 2017

 2 Questions
Question 7c
​​Highlight six reasons why the law is important in commercial transactions.


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Question 5a
​​(i) List functions of international treaties.
(ii) Outline sources of international law.


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May 2017

 3 Questions
Question 3b
​​Describe four purposes of law.


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Question 5d
​​During legislation, a bill might either undergo assent or referral. Summarise the process of Presidential assent.


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Question 5c
​​Highlight three disadvantages of case law as a source of law.


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November 2016

 3 Questions
Question 3c
​​Distinguish between "civil law" and "criminal law" on the basis of the following aspects: 

(i) The parties. 

(ii) The burden of proof.


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Question 3b
​​Explain three advantages of statutes as a source of law.


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Question 1a
​​ Explain three rules courts apply in the interpretation of statutes.


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May 2016

 2 Questions
Question 1a
​​In relation to the sources of law: 

(i) Explain the meaning of the term "common law". 

(ii) State four characteristics that a custom under African customary law should satisfy to be enforceable. 

(iii) Describe two types of judicial precedents.


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Question 7b
​​ Explain the differences between "criminal law" and "civil law".


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November 2015

 2 Questions
Question 1b
​​Justify the need for delegated legislation.


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Question 1a
​​ Explain five main branches of civil law.


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Pilot September 2015

 2 Questions
Question 1b
​​Describe the procedure to be followed when the President declines to assent to a bill passed by parliament.


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Question 1a
​​Explain three branches of public law.


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