INTRODUCTION TO LAW AND GOVERNANCE
CPA FOUNDATION LEVEL
CS FOUNDATION LEVEL
CCP FOUNDATION LEVEL
TUESDAY: 23 April 2024. Morning Paper. Time Allowed: 3 hours.
This paper has seven (7) questions. Answer any FIVE questions. ALL questions carry equal marks. Do NOT write anything on this paper.
QUESTION ONE
(a) (i) With reference to alternative dispute resolutions, explain the term “arbitration agreement”.
(2 marks)
(ii) Outline SIX matters which may not be referred to or determined through arbitration. (6 marks)
(b) (i) In relation to the tort of nuisance, differentiate between “private nuisance” and “public nuisance”.
(4 marks)
(ii) Discuss FOUR defenses to the tort of nuisance. (8 marks)
(Total: 20 marks)
QUESTION TWO
(a) With respect to law of agency, distinguish between “apparent/ostensible authority” and “presumed authority”.
(4 marks)
(b) Describe FOUR circumstances in which a non-owner of goods could sell them and pass a good title. (8 marks)
(c) In relation to the law of property, list the EIGHT contents of a lease agreement. (8 marks)
(Total: 20 marks)
QUESTION THREE
(a) (i) Explain the term “corporation”. (2 marks)
(ii) Discuss FOUR types of corporations. (8 marks)
(b) (i) Outline the structure of the courts in your country from the highest to the lowest. (5 marks)
(ii) State FIVE administrative functions of the Chief Justice or the head of judiciary in your country.
(5 marks)
(Total: 20 marks)
QUESTION FOUR
(a) With reference to the principles of natural justice, explain the following:
(i) Nemo judex in causa sua. (2 marks)
(ii) Audi alteram partem. (2 marks)
(b) Explain the doctrine of separation of powers in the context of the Constitution in your country.
(6 marks)
(c) State SIX distinctions between mediation and arbitration. (6 marks)
(d) With reference to the law of contract, identify FOUR characteristics of unstated/innominate terms in a contract.
(4 marks)
(Total: 20 marks)
QUESTION FIVE
(a) In relation to intellectual property, explain the following:
(i) Plant breeders’ rights. (2 marks)
(ii) Copyright. (2 marks)
(iii) Patent. (2 marks)
(iv) Industrial designs. (2 marks)
(b) Outline FOUR legal effects of dissolution of a partnership. (4 marks)
(c) Discuss FOUR types of crossings in negotiable instruments. (8 marks)
(Total: 20 marks)
QUESTION SIX
(a) In relation to corporate governance, explain FIVE rights of shareholders. (5 marks)
(b) Outline FIVE justifications for development of a code of ethics for members of a professional association.
(5 marks)
(c) Explain FIVE roles of technology and digitalisation in enhancing corporate governance practices in organisations.
(10 marks)
(Total: 20 marks)
QUESTION SEVEN
(a) State EIGHT merits of promoting professional ethics in organisations (8 marks)
(b) With reference to corporate governance in your country, discuss SIX duties of directors. (12 marks)
(Total: 20 marks)
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