Blue Crest College, Accra, Ghana

End of Semester Examination Question Bank

END OF SEMESTER EXAMINATION –JUNE 2019

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 PART – A (1 Mark)

Q.No Questions Answer key/marking scheme

Select the correct answer in the following :
1. Government body formed to carryout particular C
laws are called
(a)Cabinets
(b)Secretaries
(c)Administrative agencies
(d)Juries
2. Basic fairness is also Called D
(a)Honest
(b)Morals
(c)Values
(d)Equity
3. . Power of a court to decide a case is called C
(a)Order
(b)Rights
(c)Jurisdiction
(d)Decision
4. Sources of law include constitution statue D
case decided by Appellate court and
regulations and ruling of administrative
agencies
(a)Supreme courts
(b)Juvenile courts
(c)Family court
(d)Appellate court
5. Laws enacted by state legislature or federal A
legislature are
(a)Statutes
(b)Rules
(c)Properly
(d)Decided by the judge
6. Statues of a law that conflict with a D
constitution and which is therefore invalid
are
(a)Right
(b)Wrong
(c)Illegal
(d)Unconstitutional
7. Power of the court to decide a case is called D
(a)Equity
(b)Administrative
(c)Rights
(d)Jurisdiction

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8. Legislature enactments by a city are called A
(a)Ordinance
(b)Order
(c)curfews
(d)Judges law
9. Law made when Appellate court endorses a B
rule to be used inideciding court cases is .….
(a)Common law
(b)Case law
(c)Administrative law
(d)None of the above
10. ……..is a group of laws defining the methods C
for enforcing legal rights and decision
(a)Common law
(b)Administrative agencies
(c)Procedural law
(d)Case law
11. ……are enforced rules of conduct in a society B
(a)Statutes
(b)Laws
(c)Morals
(d)Values
12. Part-time worker do Not have the right to A
equality with their full-time counterparts on
a pro-rata basis in which of the following
areas
(a)Overtime pay having completed their
normal(Part-time)contracted hours
(b)Access to person schemes
(c)Holiday leave
(d)Sick leave

13. Following a successful claim of B

discrimination, which of the listed remedies
may Not be awarded by a tribunal
(a)An award of damages
(b)An order for specific performance
(c)A recommendation for the discrimination to
be brought to an end
(d)To declare the rights of the complainant
14. Which document is an employee entitled to D
receive within two months of the start of
employment (as provided for in s. 1 ERA 1996
(a)A copy of the employer's liability insurance
details
(b)The staff handbook
(c)The contract of employment
(d)The within particular of employment
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15. A claimant must bring his/her claim for C
discrimination
(a)Within six years of the first instance of
discrimination
(b)Within six months of the first instance of
discrimination
(c)Within three month of the discriminatory
act/within three months of the discrimination
rending
(d)At anytime that is convenient for the
claimant
16. The common law test to establish A
“employee status does Not include which of
the following
(a)The reasonable employer test
(b)The control test
(c)The mixed test
(d)The business in own account test
17. Which of the following is Not an implied B
term to which employer are subject
(a)The duty to pay wages
(b)The general duty to provide work
(c) The duty to maintain the health and
safety of his /her workers
(d)To maintain mutual trust and confidence
18. In a claim of equal pay the comparator that C
may be used is:
(a)a person employed by a different
employer to the claim in a difference
establishment
(b)A person of the same sex as the claimant
(c)The claimant predecessor
(d)The claimant's successor
19. An occupational qualification defence does A
Not exist in relation to sexual orientation
where:
(a)Customer could be offended / made to
feel uncomfortable by the particular sexual
orientation
(b)It is genuine and determining
requirement
(c)The requirement is proportionate to the
ends if the business
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 (d)The particular sexual orientation leading
to the less favourable treatment is contrary
to the belief of an organized religion
20. A tribunal may award reinstatement A
where?
(a)The employee wants the remedy
(b)The employee does not wants the
remedy
(c)The employer wants the remedy
(d)The tribunal believes this is the most
fair remedy
21. Which of the following is Not on C
automatically unfair reason to dismiss
(a)Dismissals due to the pregnancy of the
worker
(b)Dismissals through an unfair selection
for redundancy
(c)Dismissals due to misconduct to the
employee
(d)Dismissals in connection with the
employee asserting a statutory right
22. A claim of unfair dismissals must be lodged at the D
employment tribunal within what time limit
following the effective date of termination
(a)Three weeks
(b)Six months
(c)Six weeks
(d)Three months
23. Which of the following is not a remedy A
available following a successful finding of
unfair dismissals
(a)Finding the employer for a particularly
unpleasant unfair dismissal
(b)Compensation
(c)Reinstatement
(d)Re-engagement
24. . In which criminal court does a jury sit in B
(a)High court
(b)crown court
(c)Magistrates court
(d)County court
25. Which of the following statement is correct A
(a)Magistrates do not usually have any
specific legal qualification
(b)Magistrates are always solicitors

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 (c)Magistrates are either solicitors or
barristers
(d)Magistrates only hear family cases

26. In which court may a trial for an indictable C

offence be heard
(a)The Magistrates court
(b)The high court
(c)The crown court
(d)Either the crown court or the Magistrates
court
27. What type of cases does a county court deal C
with ?
(a)Only divorces
(b)Minor criminal matters
(c)A range of civil cases
(d)Appeals cases
28. When a case has been heard in the High court C
an appeal may be made to which courts?
(a)Court of àppeal only
(b)Supreme court only
(c)Court of appeal or Supreme court
(d)European court of justice only
29. Which of the following statement is true? D
(a)The European court of Human Rights is the
court of the European Union
(b)Decision of the judicial committee of the
privy council are binding on English Court
(c)The court of appeal is the final court of
appeal in English and wales
(d)The High court is divided into three
decisions
30. In order to bring an action before a civil C
court what type of form must a claimant
complete
(a)A business form
(b)A civil action
(c)A claim form and particulars of claim
(d)A multi track claim
31. Which of the following statements in Incorrect D
(a)Arbitration is the procedure by which
parties refer than dispute to an Arbitrator
(b)It is common practice for commercial
contracts to contain express clauses referring
disputes to Arbitration
(c)Any award given in Arbitration is
enforceable through the court system

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 (d)The parties must have agreed to use the
Arbitration procedure before a contract is
signed
32. Which of the following is not a type of B
alternative dispute resolution ?
(a)Arbitration
(b)Court proceedings
(c)Conciliation
(d)Mediation
33. Drug Ltd Contracts with supermarket ltd to A
manufacture and supply 50 cases of a drug
called super X. Super market Ltd pay the
contract money, £ 5000 , to drugs Ltd by
before delivery takes place the Government
introduces a law banning the manufacture
and supply of super X. Can supermarket Ltd
enforce the contract?
(a)No, the contract is frustrated
(b)No, there is a breach of contract
(c)Yes, because supermarket Ltd has
already paid the contract price of £5000
(d) Yes, the contract was legal when it was
made
34. The consequences of a contract being A
frustrated are governed by which Act?
(a)The law Reform (Frustrated Contracts)Act
1943
(b)The Frustrated Contracts Act 1943
(c)The Unfair Contract Terms Act 1977
(d)The Reform of Contract s Act 1977
35. Where there is an anticipatory breach of B
contract where is the injured party first
entitled to sue?
(a)Only after a reasonable time
(b)From the date the other party indicates their
intention not to complete the contract
(c)From the date that the other party fails to
actually perform their part of the contract
(d)If it is an anticipatory breach of contract
the injured party has no right to sue for breach
of contract
36. What is the aim of an award of damages for D
breach of contract
(a)To punish the party who has broken the
contract
(b)To restore the innocent party to the position
he was in before the contract was made

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 (c)To ensure the party who has broken the
contract suffers a reasonable penalty
(d)To put the innocent party in the same
financial position he would have b een in if the
contract had been carried out
37. The case of Hadley V Baxendale (1854)laid B
down
(a)Test of reasonableness
(b)Test of remoteness of damage
(c)Test of measure of damage
(d)Rules of specific performance
38. Which one of the following sentence is A
correct
(a)If a party has suffered no loss through a
breach of contract he will only be entitled
to nominal damages
(b)Damages can never be claimed for
distress or disappointment
(c)A claimant can claim for all losses that
have occurred through breach of contract
(d)A claimant generally has no duty to
mitigate
39. Which one of the following statements is D
false?
(a)Specific performance is an equitable
remedy
(b)Specific performance is a court order to
the party in breach of contract to perform
his obligations under the contract
(c)Where damages would be an adequate
remedy specific performance will not be
granted
(d)Specific performance may be awarded if
one party fails to carry out his contract of
employment
40. Where a contract States the sum to be paid B
in the event of a breach of contract, the
stated sum is known as:
(a)Unliquidated damages
(b)Liquidated damages
(c)Contract sum
(d)Stated damages

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41. Which of the following is a common law C
remedy?
(a)Injunction
(b)Specific performance
(c)Damages
(d)Penalty
42. Which one of the following is an A
incorporate organization
(a)General Partnership
(b)Limited Liability partnership
(c)Public limited company
(d)Private Limited Company
43. The maximum number of person who are legally C
allowed to operate in a partnership is
(a)2
(b)20
(c)There is no legal limit
(d)100
44. A partner who is entitled to a share of the C
profit from a partnership is known as
(a)A salaried partner
(b)A Managing partner
(c)An equity partner
(d)A limited liability partner
45. . Which one of the following statements about D
limited liability Partnership (LLPs) is
incorrect
(a)An LLP has a legal personality separate
from that of its members
(b)The liability of each partner in an LLP is
limited
(c)Members of an LLP are taxed as partners
(d)A limited company can convert to an LLP
46. Which of the following is not a method of A
creating a company?
(a)A written agreement made by the
directors
(b)Registration under the companies Act
2006
(c)Act of Parliament
(d)Grant of Royal charter
47. Sparkle Ltd is a private limited company D
limited by shares.It has one director. How may
shareholders does the law required it to
maintain?

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 (a)One provided it is a different person fromm
the director
(b)Five
(c)Two
(d)One which can be the same person as the
director
48. Limited liability Partnership were B
introduced by which Act of Parliament?
(a)Limited partnership Act 1907
(b)Limited liability Partnership Act 2000
(c)Partnership Act 2000
(d)Companies Act 2006
49. What is a solus agreement? D
(a)A contract that is not legally binding
(b)A contract that is made with only one other
party
(c)A contract that contains an invalid clause
(d)A contract where one party agrees to buy
goods from only one supplier
50. A pre contractual statement that induces the D
making of a contract is
(a)A condition
(b)Traders hype
(c)A warranty
(d)A representation
51.

52.

53.

54.

55.

56.

57.

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58.

59.

60.

61.

62.

63.

64.

65.

66. .

67.

68.

69.

70.

71.

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72.

73.

74.

75.

76.

77.

78.

79.

80.

81.

82.

83.

84.

85.

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86.

87. .

88.

89.

90.

91.

92.

93.

94.

95.

96.

97.

98.

99.

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 100.

PART – B (2 Marks)

Q.No Questions Answer key/ marking scheme

1. Define procedural laws and Substantive Law Procedural Law;A body of law that sets
forth the methods, rules and procedures
for court cases.
Substantive Law:
Substantive law deals with people’s rights
and responsibilities. For example,
substantive law dictates the kind of
punishment that someone may receive
upon being convicted at the conclusion of
his criminal trial
2. Short Note on Civil Lawsuit and Criminal Civil Lawsuit – A lawsuit brought about in
Charge court when one person claims to have
suffered a loss due to the actions of
another person.
Criminal Charge – A formal accusation by
a prosecuting authority that an individual
has committed a crime.

3. What is Defendant and Plaintiff Defendant – A party against whom a

lawsuit has been filed in civil court, or
who has been accused of, or charged
with, a crime or offense.
Plaintiff – A person who brings a legal
action against another person or entity,
such as in a civil lawsuit, or criminal
proceedings

4. Two types of remedies Legal or Equitable

5. Define Stare Decisis and Natural Law a doctrine or policy of following rules or
principles laid down in previous judicial
decisions unless they contravene the ordinary
principles of justice
Natural Law: A system of ethics and Morals
inherent in human nature

6. What is Business Ethics

Business ethics is
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 the application of ethical behavior in a business
context. Acting ethically in business means
more than simply obeying applicable laws and
regulations: It also means being honest, doing
no harm to others, competing fairly, and
declining to put your own i nterests above those
of your company, its owners, and its workers. If
you’re in business you obviously need a strong
sense of what’s right and wrong. You need the
personal conviction to do what’s right, even if it
means doing something that’s difficult or
personally disadvantageous
7. Define Corporate Social Responsibility Corporate social responsibility refers to the
approach that an organization takes in balancing
its responsibilities toward different stakeholders
when making legal, economic, ethical, and social
decisions. Remember that we previously defined
stakeholders as those with a legitimate interest
in the success or failure of the business and the
policies it adopts. The term social responsibility
refers to the approach that an organiza tion takes
in balancing its responsibilities toward their
various stakeholders.
8. List two each Examples of Ethical and UnEthicals: Conflict of Interest and Bribery
UnEthical in Business Ethical :Honesty and Integrity
9. In Corporate Social Responsibility ,Name
Owners, Employee, Customers and the
Four stakeholders by which the Community
organization will be responsible to them.
10. What is Ethical Issues Ethical issues are the difficult social questions
that involve some level of controversy over what
is the right thing to do. Environmental
protection is an example of a commonly
discussed ethical issue, because there can be
tradeoffs between environmental and economic
factors.

11. How do you Define Alternative Dispute Is a Dispute resolution process which operate
Resolution outside the usual court-based litigation model.
The aim of ADR is to encourage the settlement
of a Dispute between parties, usually with the
assistance of neutral person,
ADR includes processes such as a assisted
Negotiations, Expert appraisal , Mediation,
conciliation, Evaluation , Early neutral
evaluation, and Arbitration.
12. Define both Mediation and Early Neutral Mediation refers to a process in which an
Evaluation impartial neutral, selected by the parties,
facilitates negotiations between the parties to
help them reach a mutually acceptable agreement

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 Early Neutral Evaluation refers to a process in
which an impartial attorney, selected by the
parties and with subject matter expertise,
provides a non-binding evaluation o f the case
and is available to assist the parties reach a
mutually acceptable agreement
13. Is the arbitration the same as that offered Yes. Arbitration involves referral of the case to
by the court in the past? an impartial third party (or a panel of three )
for a non-binding determination in settlement of
the claim(s) following the presentation of
evidence and arguments. Unlike other neutrals,
arbitrators on the Court’s list are paid
by the court for their services .. The parties are
also free to engage a se parate, private arbitration
company or arbitrator, or consent to binding
arbitration.
14. Can we use other forms of ADR, such as Yes. The ADR Policies and Procedures provide
summary trials? for other forms of ADR, including summary
trials and special masters.

15. How does this program help litigants? The concept of this Court’s ADR program is that
it will expedite the resolution of cases and
reduce the costs of litigation for clients.

16. Are judges still going to try cases? Yes. Some cases are simply not able to be settled
and those cases will proceed to trial.
Even in those cases, good faith use of this
program will reduce the number of summary
judgment motions filed, thereby streamlining the
case and enabling judges to con duct trials more
quickly
17. Who will pay for the ADR program Costs will generally be shared among or between
selected the parties, except for Arbitration. The Court
will continue to pay arbitrators .. Indigent parties
may ask the Court to apportion most, or all, of
the costs on
the other side, or request the appointment of a
pro bono neutral.
18. Will judges still conduct settlement Yes. Judges have the discretion to conduct
conferences? settlement conferences in cases over which they
preside or to which they are referred.
Additionally, judges may, at the request of
another judge on the Court, volunteer their time
to conduct settlement conference s in cases that
are not otherwise assigned to them
19. Why is the emphasis on having ADR so The goal of this program is to help litigants
early in the litigation process? toward an inexpensive and prompt resolution of
their case whenever possible.

20. Who is required to attend the ADR session? The ADR Policies and Procedures detail who is
required to attend the mediation, ENE, or
arbitration proceeding. Generally, those persons
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21. If you make an application by summon s, then you
will be heard in Chambers . What are the
procedu res
22. When you call a witness there are 3 stage
with authority to resolve the case must be
available during the ADR session. Parties will be
required to identify those persons who will
attend the ADR session and upon order of court,
their appearance is mandatory
Procedure 1:
where defendant elects not to call evidence
Procedu re 2:
Defence elects to call evidence
14. Examination in chief
15. Cross Examination
16. Re examination

23. There are 3 aims of cross examination 1 To elicit further facts which are
favourable to the cros s
examining party;
2. To test and if possible cast doubt
on the evidence given by the
witness in chief;
3. To impeach the credibility of the
witness.
24. what is a judgment
A Judgment is a statemen t given by a Judge on
the grounds of a decre e or Order. It is a final
decision of the Court to the parties and the World
at large by formal p ronou ncement or delive ry in
open court
25. What is Criminal Negligence CRIMINAL NEGLIGENCE;
is not the same as that type of
negligence you may be familiar with that
permits a person injured by ordinary
negligence to obtain a monetary
judgment in a civil lawsuit. The
carelessness required for criminal
negligence is appreciably more serious
than that for ordinary civil negligence.
The heightened level of seriousness
required for criminal negligence must be
apparent to anyone sharing the
community’s general sense of right and
wrong. This means that a defendant must
have engaged in some blameworthy
conduct, as opposed to simple
carelessness, which is sufficient to
constitute civil negligence.
Consequently, violating a traffic
ordinance (e.g., crossing a double yellow
line or failing to stop at a red light)
because of mere inattentiveness, without
more, is normally insufficient to punish
a driver criminally for any serious

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26. My tenant has some damage to the
outside window to the house I rent to
them. The tenant claims the damage was
done by a burglary attempt but I suspect
they locked themselves out and damaged
the window when trying to get back
in. Who is responsible for the repair?
27. As resident managers, we are dealing
with several tenants in violation of pet
rules. In retaliation, they have made
false accusations of us entering their
apartments without notice. They are now
disturbing other tenants with this untruth
and questioning our integrity. How can
we protect or defend ourselves?
28. What happens when the lease
expires? Is it assumed that the
agreement goes month-to-month? Or
should a new agreement be signed?
29. I have a lease with two male
tenants. The lease specifies two
occupants only. One of the tenants has a
girlfriend who spends the night every day
of the week for the last month. How do
you determine when a guest is an
occupant?
30. Someone told me that a guest of a
resident can file a fair housing complaint,
is that true
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physical injuries or death resulting from
an automobile accident.[3] Such
inattentiveness, however, would suffice
for civil liability and an award of
monetary damages.
Unless proved otherwise, damage to the
premises caused by unknown third
parties, acts of nature, or unexplainable
are the responsibility of the landlord.
You can serve a three-day-notice to
perform conditions and/or covenants or
quit to permanently remove the
unauthorized pets. If you can prove the
pets are still there after the notice
expires, you can file for unlawful
detainer
If the lease does not speak to renewal
or reversion to month-to-month and the
tenant remains in the premises with the
landlord’s consent, the law will presume
a month-to-month agreement if the rent
is paid and accepted by the landlord. It
then can be terminated by either side
serving the other with a written thirty -day
or sixty-day notice to quit.
Unless the tenant admits to having
another person move into the rental unit,
you need to prove that they are
occupying the unit through circumstantial
evidence. Proof of facts such as
receiving mail at the premises, coming to
and from work on a daily basis, present
on weekends, or making requests from
management all could lead a trier of fact
to conclude that the person is an
occupant of the premises
Yes. Guests have standing to bring a
fair housing complaint or lawsuit if the
guest receives discriminatory treatment
while visiting a resident at your property.
A common example would be refusing to
allow a guest to bring his assistive
 animal with him when he visits your
resident at the propert
31. When typing up a new lease, should we It is important to be consistent on how
use the spelling of the tenant’s names as you spell their name in the event legal
it appears on the application or on their action is necessary. It is best to use the
driver’s license? name exactly as it appears on their
driver’s license and request that they fill
out the application in a manner
consistent with this request
32. I have single family homes that I have for Your best bet is to hire a gardener
lease. They have large, well- maintained yourself, build the cost into the rent and
gardens. How do I best insure that they have the lease read that the gardener
are kept up? has permission to enter the property for
gardening/landscaping/mowing etc. That
way you have more control
33. If a one-year residential lease is broken, Once the tenants have vacated the
what becomes of the security deposit? premises and the landlord has taken over
possession, the time to account for the
use of the security deposit (normally 21
days) begins. The deposit can be used
for any monies owed the landlord
including delinquent rent.
34. In a co-signer situation what forms do you They should sign a separate guarantee
recommend that the co-signer sign along agreement that has been reviewed by
with the tenant? competent counsel.
35. What is a real estate transaction? real estate transaction is described as the legal process
of transferring ownership of property from one party to
another. Real estate transactions may involve
commercial or residential property and may range in
value depending on the worth of the property.
36. What is a deed? A deed is a legal document that transfers property from
one party or parties to another. This is one of the most
important documents associated with a real estate
transaction.
37. If my tenant has missed payments, can I Whether you can charge interest on mis sed payments
will depend on the details of your lease or rental
charge interest? agreement
38. What is Consumer Law Consumer law is the group of laws that protect
the public at large from unfair and predatory
business practices. Consumer laws protect
the public from unscrupulous ways of doing
business. The area of law requires compliance
from the corporations that consumer laws
regulate.

39. Can employment harassment also be considered an An employment ha rass me nt claim must rise to the
Intentional Infliction of Emotional Distress? level of “extreme and out rageous” co nduct to
establish the claim of Intentional Infliction of
Emotional Distress. (Fish er v. San Pedro
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 Peninsula Hospital (1989) 214 Cal. App. 3d 590,
618)
40. What is Collective Redundancy This refe rs to mass red un da ncie s of 20+
emplo yees within a p erio d of 90 days o r less.
41. Name Four of governments regulation on Corporate Taxe
business Environmental Protection Agency
Securities on Exhange Commission
Food and Drugs
42. What is general partnership and Limited General Partnership
partnership all partners are personally liable for
business debts, any partner can be held
totally responsible for the business and any
partner can make decisions that affect the
whole business.

Limited Partnership:
one partner is responsible for decision-
making and can be held personally liable
for business debts.
Example: Professional like Doctor ,lawyer
Etc.
43. Mention 2 primary Areas where Cyber Law 1.Intellectual property; Protection and
covers? enforcement of copyright and tra de mark
2.Domain Dispute: Legal dispute over the use of
domain names
3.Online Contracts: Drafting, Review, and
enforcement of terms of service and privacy
policies
4.Hacking and Digital Torts; Cyber criminal are
all over the internet and even some of the largest
organization have legal expose due to Hacking
44. Under the Company Law when they say There are certain circumstances when the court
“Lifting the Veil” what does it mean? have disregarded the concept of the separate
entity of the company and have lifted the veil of
incorporation.
45. In Under the Company Law ,what is Liquidation is the winding up a company. The
Liquidation? process of liquidation commences by the passing
by the company of a special resolution calling
for its liquidation or by the presentation of a
petition to a court or the registrar.
46. Give Four duties of the worker 1.To work conscientiously in the lawfully chosen
occupation
2.To enhance productivity
3.To report for work regularly and punctually
4.To exercise due care in the execution of
assigned work
47. Duty to exercise reasonable care? Explain The worker is under a duty to exercise
reasonable care in the performance of his work.
A worker can be held liable for negligence and
hence indemnify the employer if he breaches this
duty
Page 19 of 35
48. Duty of Fidelity? To serve the employer with fidelity(honesty and
integrity) and in good faith. Thus during the
period of his employment, the worker may not
solicit the customers of his employer to transfer
their businesses to him after his employment.
But in the absence of a formal covenant a former
worker cannot be restrained form doing business
with the customers of his former employer.
49. Duty to account ? A worker is bound to account to his employer for
all property or money en trusted to him by his
employer in the course of his employment and
for all property received by him from a third
person for or on account of his employer
50. Duty to insure and pay social security? The employer is to ensure and maintain
insurance under one or more approved policies
with an authorised insurer against liability for
bodily injury or disease sustained by his worker
arising out of and in the course of their
employment.
51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

Page 20 of 35
67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

80.

PART – C (5 Marks)

Q.No Questions Answer key/Marking scheme

1. Parties to Civil Case Plaintiffs
plaintiff is a party who brings a civil case
claiming to have been injured by the
wrongful conduct of a defendant. A plaintiff
brings a civil case by filing a lawsuit (i.e.,
suing) in the appropriate court, which we
will discuss in chapter 9. In some cases and
courts, a plaintiff may be called a petitioner

Defendants

A defendant is a party being sued by a

plaintiff in a civil case. In a lawsuit, a
plaintiff claims to have been injured by the
wrongful conduct of a defendant. In some
cases and courts, a defendant may be called
a respondent.

Page 21 of 35
 Attorneys

An attorney is a person who practices law

and acts as an advocate for a party. In the
United States, the term attorney, counselor,
and lawyer are synonyms
Judges

A judge is a public official who presides

over a case and resolves disputes by issuing
judgments. Trial court judges hear and
decide legal issues (and factual issues
in bench trials). Legal issues are questions
that must be answered by applying and
interpreting the law, whether it derives from
the Constitution, a statute, the common law,
or a rule or regulation
Juries
A jury is a group of persons selected to
decide factual issues. Persons who serve on
juries are called jurors. In most cases,
either party may demand a jury trial. There
are cases and courts, however, where jury
trials are not available for civil cases. In a
jury trial, the jury decides the factual issues
and the judge decides the legal issues. That
is why a jury is referred to as the “fact -
finder.” This means that juries hear
testimony and review documents and other
physical evidence to determine what, when,
and how events took place.

2. Identify Ethical Issues that you might face in

business Issues of Honesty and Integrity
Master investor Warren Buffet once told a group
of business students the following: “I cannot tell
you that honesty is the best policy. I can’t tell
you that if you behave with perfect honesty and
integrity somebody somewhere won’t behave the
other way and make more money. But honesty is
a good policy. You’ll do fine, you’ll sleep well
at night and you’ll feel good about the example
you are setting for your coworkers and the other
people who care about you.”
If you work for a company that settles for its
employees’ merely obeying the law and
following a few internal regulations, you might
think about moving on. If you’re being asked to
Page 22 of 35
 deceive customers about the quality or value of
your product, you’re in an ethically unhealthy
environment.

Conflicts of Interest
Conflicts of interest occur when individuals
must choose between taking actions that
promote their personal interests over the
interests of others or taking actions that don’t.
A conflict can exist, for example, when an
employee’s own interests interfere with, or have
the potential to interfere with, the best interests
of the company’s stakeholders (management,
customers, and owners). Let’s say that you work
for a company with a contract to cater events
at your college and that your uncle owns a local
bakery. Obviously, this situation could create a
conflict of interest (or at least give the
appearance of one—which is a problem in
itself). When you’re called on to furnish
desserts for a luncheon, you might be tempted
to send some business your uncle’s way even if
it’s not in the best interest of your employer.
What should you do? You should disclose the
connection to your boss, who can then arrange
things so that your personal interests don’t
conflict with the company’s

Conflicts of Loyalty
You may one day find yourself in a bind
between being loyal either to your employer or
to a friend or family member. Perhaps you just
learned that a coworker, a friend of yours, is
about to be downsized out of his job. You also
happen to know that he and his wife are getting
ready to make a deposit on a house near the
company headquarters. From a work standpoint

Bribes versus Gifts

It’s not uncommon in business to give and
receive small gifts of appreciation, but when
is a gift unacceptable? When is it real ly a bribe?
There’s often a fine line between a gift and a
bribe. The following information may help in
drawing it, because it raises key issues in
determining how a gesture should be
interpreted: the cost of the item, the timing of
the gift, the type of g ift, and the connection
between the giver and the receiver. If you’re on
the receiving end, it’s a good idea to refuse any
Page 23 of 35

3. Identify steps you can take to maintain your
honesty and integrity in a business
environment
4. Explain how organizations are responsible to
their stakeholders including Owners,
Employee, Customers, and the Community
Page 24 of 35
item that’s overly generous or given for the
purpose of influencing a decision. Because
accepting even small gifts may violate compan y
rules, always check on comp any policy
Whistle-Blowing
As we’ve seen, the misdeeds of Betty Vinson
and her accomplices at WorldCom didn’t go
undetected. They caught the eye of Cynthia
Cooper, the company’s director of internal
auditing. Cooper, of cour se, could have looked
the other way, but instead she summoned up
the courage to be a whistle -blower—an
individual who exposes illegal or unethical
behavior in an organization. Like Vinson,
Cooper had majored in accounting at Mississippi
State and was a hard-working, dedicated
employee. Unlike Vinson, however, she refused
to be bullied by her boss, CFO Scott Sullivan. In
fact, she had tried to tell not only Sullivan but
also audito rs from
Follow your own code of personal conduct: act
according to your own conviction rather than
doing what’s convenient (or profitable) at the
time.
While at work focus on your job ,not on no -work
– related activities, such as e-mails and personal
phone calls
Don't appropriate office supplies or products or
other company resources for your own use
Be honest with customers, Management,
Coworkers, Competitors, and the public
Remember that it’s the small seemingly tribal,
day to day activities and gesture that build your
character
Owners
invest money in companies. In return, the
people who run a company have a
responsibility to increase the value of owners’
investments through profitable operations
.Managers also have a responsibility to
provide owners (as well as other stakeholders
having financial interests, such as creditors
and suppliers) with accura te, reliable
information about the performance of the
business. Clearly, this is one of the areas in
which WorldCom managers fell down on the
 job. Upper-level management purposely
deceived shareholders by presenting them
with fraudulent financial statement s

Managers
have what is known as a fiduciary
responsibility to owners: they’re
responsible for safeguarding the company’s
assets and handling its funds in a trustworthy
manner. Yet managers experience what is
called the agency problem; a situation in
which their best interests do not align with
those of the owners who employ them. To
enforce managers’
fiduciary responsibilities for a firm’s
financial statements and accounting records,
the Sarbanes-Oxley Act of 2002 requires
CEOs and CFOs to attest to their accuracy.
The law also imposes penalties on corporate
officers, auditors, board members, and any
others who commit
fraud. You’ll learn more about this law in
your accounting and business law courses

Employees
Companies are responsible for providing
employees with safe, healthy places to
work—as well as environments that are free
from sexual harassment and all types of
discrimination. They should also offer
appropriate wages and benefits. In the
following
sections, we’ll take a closer look at these
areas of corporate responsibility

Wages and Benefits

At the very least, employers must obey laws
governing minimum wage and overtime pay. A
minimum wage is set by the federal
government, though states can set their own
rates as long as they are higher. The current
federal rate, for example, is $7.25, while the
rate in
many states is far higher.21 By law,
employers must also provide certain
benefits—social security (retirement funds),
unemployment insurance (protects against
loss of income in case of job loss), and
workers’ compensation (covers lost wages and
medical costs in case of onthe -job injury).
Page 25 of 35
 Most large companies pay most of their
workers more than minimum wage and offer
broader benefits, including medical, d ental,
and vision care, as well as savings programs,
in order to compete for talent.

Customers
The purpose of any business is to satisfy
customers, who reward businesses by buying
their products. Sellers are also responsible —
both ethically and legally —for treating
customers
fairly.

Communities
For obvious reasons, most communities see
getting a new business as an asset and view
losing one—especially a large employer —as a
detriment. After all, the economic impact of
business activities on local communities is
substantial: They provide jobs, pay taxes, and
support local education, health, and
recreation programs. Both big and small
businesses
donate funds to community projects,
encourage employees to volunteer their time,
and donate equipment and products for a
variety of activities. Larger companies can
make greater financial contributions. Let’s
start by taking a quick look at the
philanthropic activities
5. Discuss how you can identify and ethical How Can You Recognize an Ethical
organisation. Organization?
One goal of anyone engaged in business
should be to foster ethical behavior in the
organizational environment. How do we know
when an organization is behaving ethically?
Most lists of ethical organizational activities
include the following criteria:
Treating employees, customers,
investors, and the public fairly
Holding every member personally
accountable for his or her action
Communicating core values and
principles to all members

Demanding and rewarding integrity

from all members in all

By contrast, employees with the following

attitudes tend to suspect that their employers

Page 26 of 35
 aren’t as ethical as they should be:
They consistently feel uneasy about the
work they do.
They object to the way they’re treated.
They’re uncomfortable about the way
coworkers are treated.
They question the appropriateness of
management directives and policies.30

6. What are the main difference between Mediation is a process in which the parties to
mediation and litigation a dispute with the assistance of a dispute
resolution practitioner (the mediator).
Identify the disputed issues, develop options,
consider alternatives and endeavor to reach
an agreement. The mediator has no a dvisory
or determinative role in regard to the content
of the dispute or the outcome of its resolution,
but may advise on or determine the process of
mediation whereby resolution is attempted.
Mediation may be undertaken voluntarily,
under court order, or subject to an existing
contractual agreement
The big difference is that mediation
encourage discussion between parties to come
to a resolution, whereas in litigation a judge
will hand down a ruling. Parties can speak for
themselves in mediation whereas in litigation
there is more representation mediations are
more private.
7. Explain the following: Mediation
Mediation, Arbitration, Conciliation Is a process that promotes the self a
determination of participants and in which
participants, with the support o f a mediator:
-Communicate with each other, exchange
information and seek understanding
-Identify, clarify and Explore interests, issue
and underlying needs
-Consider their alternatives
-Generate and evaluate options
-Negotiate with each other and
-Reach and make their own decision
-A mediator does not evaluate or advise on the
merits of, or determine the outcome of dispute

Arbitration
Determinative dispute resolution processes
are processes in which a dispute resolution
practitioner evaluate the dispute(which may
include the hearing of formal evidence from
the parties) and make a determination.
Examples of determinative dispute resolution

Page 27 of 35
 processes are arbitration, expert
determination and private judging
When an Arbitrator makes a determination,
that decision is called an award

Conciliation
Is a process in which the parties to a dispute
with the assistance of a dispute resolution
practitioner (the conciliator), identify the
issues in dispute, develop options consider
alternative and endeavour to reach an
agreement. The conciliator may have an
advisory role on the content of the dispute or
the outcome of its resolution, but not a
determinative role. The conciliator may
advise on or determine the process of
Conciliation whereby resolution is attemp ted,
and may make suggestions for term of
settlement, give expert advise on likely
settlement terms, and may actively encourage
the participants to reach an agreement.
8. Explain the following in application by summon,
heard in the chamber where defendant elects not to call evidence:
Procedure 1:
where defendant elects not to call evidence The Plaintiff or advocate makes an opening
Procedu re 2: speech refe rred to sometimes as an opening
Defence elects to call evidence statement. After that the plaintiff witnesses are
called, examined cro ss ex amined and re -
examined. After that the plaintiff or his advocate
sums up the case by maki ng a closing
speech. After that the Defendant states their
case and make s a closing speech.

Defence elects to call evidence:

Advocates for the plaintiff makes an opening

statement, the plaintiff witnesses a re called,
examined, cro ss -examine d and re -
examined. After that the defendant’s counsel
makes an opening statement. After that the
defendant’s witnesses are calle d, examined, cross
examined and re examine d. After the Plaintiff or
his advocate sums up the case by making the
closing speech. Thereaft er the defendant sums
up the case and makes a closing speech
also. The Defendant can reply to the plaintiff’s
closing. The reply only c overs new ground
9. Explain the following; Examination in Chief
Examination in chief
The object of examination in chief is to elicit facts
Cross Examination that are favourable to the case of the party calling
Re-examination the witness. In other words the exam in chief is
when you question your first witness. Sometimes
the plaintiffs themselves. Normally they will be
giving evidence that will be favourable to their
case. It is governed by two rules

Page 28 of 35
 (a) The witness cannot b e asked leading
questions – these are que stions that
suggest the answer expe c ted of that
person. For exa mple you cannot ask
Was your bu siness runnin g into
financial difficulties last year? You
should ask what was the f inancial
position of your business last
year? The art of knowing whether a
question is leading is learnt with
experienc e.
(b) The exa mination must not be conducted in
an attacking manner. Usu ally at cross
examination you can attac k but you cannot do that
to your own witness. If your witness turns hostile,
you can ask the cou rt to declare the witness a
hostile witness and once the court does that, you
can then attack the witness.

Cr oss ex amin at ion – the scope is wide one is

allowed to ask leading questions, question a
witness on previous testimony, it is not restricted
in any way. A good Advocate will never forget the
virtue of courtesy.

R E EXA MIN A TIO N

Once you have examined your witness in chief,

the other side cros s -e xamines your witness. The
re examination is a kind o f retrieval
proces s. This is when you try to heal the wounds
that were opened up in cross examination. Most
important, re -exa mination is strictly restricted to
matters tha t arose at c ros s examination. The
court also has powers to ask a witness questions
for the purpose of clarifyi ng points.

10. G ive Five powe rs o f t he A ppellan t Cour t Upon hearing the Appeal the Appellate Court may
exercise the following power:

1.It can opt to determine the case finally;

2. Remand the case;
3. Frame issues and refer them for retrial;
4. Take additional evidence or require such
evidence to be taken;
5. Order a new trial;

11. Write short Note on the following: White Collar Crime :

White Collar Crime Is typically defined in one of three ways
Cyber Crime 1. By the category of offender(Eg. High
Duress Socio economic status or position of
trust
2. By the category of offense (Eg.
Economic or Business crime) or
3. By the form of organizational culture
Page 29 of 35
 Cyber Crime

Refers to a type of crime that uses or targets

computers or computer networks
Examples of Federal Cybercrime include
computer intrusions, denial of service attacks,
viruses and worms

Duress:
Is a defense to crimes available when a pe rson
wrongful act overcomes the free will of another
person , normally when a person is threatened
with immediate serious harm or death to himself
or another person
12. List Five Each types of crimes under Violent Violent Crime.
Crime and Property Crimes Assault
Extortion
Kidnapping
Manslaughter
Murder
Rape
Robber

Property Crime.
Arson
Burglary
Criminal Mischief
Criminal Trespass
Embezzlement
False Pretenses
Forgery
Larceny / Theft
Receiving Stolen Property

13. When a real estate dispute arises, is
litigation the only option? And
What are some situations that may result in
real estate litigation?
Disputes are possible in any legal field, including real
estate. If you are dealing with any type of real estate
dispute, such as a property defect or boundary dispute,
you may be able to resolve the matter outside of the
courtroom through negotiation. This will usually be an
attorney's first course of action, with litigation only
considered if it is impossible to reach and out -of-court
agreement.
AND
Real estate litigation may arise from various issues.
Some possibilities include: boundary disputes,
homeowners association disputes, construction defects
and delays, property defects, breaches of contract and
landlord-tenant disputes.

Page 30 of 35
14. What is the difference between residential
and commercial property?And
What are some of the issues that a rental or
lease agreement may address?
15. What are potential grounds for eviction?
And
What is a short sale?
16. What does the Consumer Law regulate? List
Five of them.
Page 31 of 35
Residential property is generally any structure or land
intended for private housing. Commercial property, on
the other hand, is used for business or industrial use.
Some examples of residential property include single -
family homes, townhouses and condominiums. Examples
of commercial property include office buildings, parking
garages, shopping malls, apartment buildings and farm
land
AND
rental or lease agreement should outline a number of
key factors related to the rental or lease of property.
This may include details about payme nts, recourse if
payments are missed, the duration of the contract, what
the property should be used for, who is liable for
repairs, whether pets are allowed, whether subletting is
permitted and any other relevant matters. A legally
sound, thorough agreement is important if you want to
avoid potential landlord-tenant issues.
Though this may vary depending on how it is addressed
in your rental or lease agreement, some of the potential
grounds for eviction may include non -payment, late
payments, violations of the rental or lease agreement,
nuisance complaints, improper use of the property and
unauthorized subletting.
AND
short sale involves the sale of real property at less than
is currently owed on the mortgage. A short sale may be
a way for a homeowner to sell a property that they can
no longer afford. To properly approach a short sale,
however, it is important to ensure a written agreement is
reached with the lender so the borrower is not held
liable for the balance remaining on the mortgage.
The practice of consumer law concerns itself
with protecting individuals from unfair trade,
inaccurate information and unethical ways of
doing business. Say the phrase consumer law
and most people probably think of banks and
fair debt collection practices. However,
consumer laws regulate a wide variety of
industries. Some of the major pieces of
federal consumer protection legislation
include:
Federal Food, Drugs and Cosmetic Act
Drug Administration
Fair Debt Collection in Practice Act
Fair Credit Report Act
Truth in Lending Act
 Fair Credit Billing Act

17. What is an “adverse empl oyment action” require d to
establish a case of discri mination or retaliation?
18. List Not less than Five Employers Obligations
An adverse e mployment a ction must be an act
that has a “substantial and material adve rse
effect” on the terms and c onditions of
employment. Adverse employment actions must
affect the employee’s pay, benefits, or other key
terms and con ditions of her
employment. (Tho mas v. Department of
Corrections, 77 Cal. App. 4 t h 507, 510-12
(2000 )) An employ ment a ction that is merely
contra ry to the employee’ s interests or not to the
employee’s liking is insufficient to constitute an
advers e employ ment action. (Akers v. County of
San Diego, 95 Cal. App. 4 t h 1441, 1455 (2002 ))
1. To only engage employees who have
permission to work within the State
2. To ensure that they provide employees
with a written statement of terms and
conditions of employment
3. To give employees a written statement of
pay or payslips
4. To pay employees not less than statutory
minimum wage rates
5. To comply with the maximum working
week requirements
6. To provide breaks and rest period during
working hours
7. To give annual leave from work
8. To give minimum amount of notice
before termination of employment
9. To maintain record in relation to their
employees and their entitlement

19. As a business owner, you should match a legal Taxation

structure to your business considering five Liability and risk
key factors? What are they. Management
Continuity and transferability
Expense and Formality
20. What topics does partnership agreements Capital Contribution
covers? Distribution of profit
Management Duties
Bookkeeping
Banking
Termination
21. What are some of duties of company Directors? 1.To determine the company mission and
strategy for accomplishing same
2.To decide the company’s major policies
3.To monitor the financial integrity of the
company
Page 32 of 35
 4.To ensure that the company complies with the
provisions of the code and operates within the
law
5.To determine the company’s capital structur e
6.To elect and remove the officers of the
company
7.To set compensation for the Management of
the company
22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

Page 33 of 35
Blooms Taxonomy:
Level Definition
KNOWLEDGE Student recalls or
recognizes information,
ideas, and principles in the
approximate form in which
they were learned.
COMPREHENSION Student translates,
comprehends, or interprets
information based on prior
learning
APPLICATION Student distinguishes,
classifies, and relates the
assumptions, hypotheses,
evidence, or structure of
astatement or question
ANALYSIS Student distinguishes,
classifies, and relates the
assumptions, hypotheses,
evidence, or structure of a
statement or question
Page 34 of 35
Sample verbs Sample Behaviours
Arrange, define, describe, The student will
duplicate, identify, label, list, define the 6 levels of
match, memorize, na me, order, Bloom's taxonomy of
outline, recognize, relate, the cognitive
recall, repeat, reproduce, domain.
select, state
Explain, summarize, The student will
paraphrase, describe, explain the purpose
illustrate, classify, convert, of Bloom's taxonomy
defend, describe, discuss, of the cognitive
distinguish, estimate, explain, domain.
express, extend, generalized,
give example(s), identify
indicate, infer, locate,
paraphrase, predict, recognize,
rewrite, review, select,
summarize, translate
Analyze, categorize, compare, The student will
contrast, separate, apply, compare and
change, discover, choose contrast the
Compute, demonstrate, cognitive and
dramatize, employ, illustrate, affective domains.
interpret, manipulate, modify,
operate, practice, predict,
prepare, produce, relate,
schedule, show, sketch, solv e,
use, write
Analyze, Breaks down, The Student will
diagrams, differentiates, apply analysis as a
discriminates, distinguishes, main component
identifies, illustrates, infers, elaborately.
outlines, points out, relates,
selects, separates, and
subdivides.