National Educational Assessment and

Examinations Agency (NEAEA)

National Exit Examination for LL.B

Programme Students of Ethiopian Law
Schools
*

Academic Year 2012/2013

Part III: Procedural Laws and Skills Courses

21 March 2013 Time
Allowed: 3 Hours
Instructions:

• This is a closed book exam for all materials except clean copies of CIVIL
PROCEDURE CODE and the CRIMINAL PROCEDURE CODE which can
neither be lent to nor borrowed from other students.
• The Exam has five sections. The grades allotted for each are indicated beside the
title of the section.
Whenever Appropriate buttress your arguments with pertinent legal provisions
• You are expected to allocate your time based on the marks allotted per question.
• Write your answers in the answer sheet provided.
• Switch off your mobile phone.

Please do not turn this page until you are told to do so!
 SECTION 1- MULTIPLE CHOICE QUESTIONS (25 points)

There are 25 multiple choice questions in this exam. Each carries 1 point. Choose
the best answer and write the letter of your choice on a separate answer sheet
appended to this exam booklet.

1. In which one of the following do Ethiopian courts have subsidiary but not
principal jurisdiction?

A. Crime committed in a foreign country by an Ethiopian enjoying

immunity
B. Crime committed outside Ethiopian territory in violation of an
International treaty to which Ethiopia is a party
C. Crime committed outside Ethiopia against the state of Ethiopia
D. Crime committed by a member of the House of Peoples'
Representatives
E. None of the above.

2. The appellate counsel is required to:

A. represent and defend the cause of her/his client with utmost diligence,
competence and integrity
B. respect the law as s/he performs her/his obligation stated under "a"
C. be amicable and respectful to the other party in the performance of tasks
V and "b"
D. respect the court and witnesses
E. All of the above.

3. Assume that Ms. "A" is charged before a court of law on suspicion that she has
committed crime 'x'. If the court at the end of the trial, rightly, convicts Ms. "A" for
crime y but not for crime 'x', then one of the following is necessarily correct

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 A. The accused could have been charged for crime y either alternatively
or concurrently with crime 'x\
B. The gravity of crime y is lesser than or equal to that of crime 'x'.
C. Crime y is within the jurisdiction of the trial court or a lower court.
D. The facts to be established to prove crime 'x' and y are the same.
E. All of the above except A.

t
8. Which of the following is false about duration of investigation under Ethiopian
law?

A. The law does not regulate duration of investigation where a suspect is

not under arrest
B. Except for the offence of vagrancy, the law is silent on the duration of
further investigation when ordered by the public prosecutor.
C. The law provides not only for the duration of each remand but also for
the number of remands for vagrancy, terrorism, and corruption offences.
D. Except for terrorism and vagrancy related offences, the law is silent as
to the total period of investigation.
E. A and C.

9. Which one of the following is neither relevant for deciding whether or not to
grant bail nor for the amount of bail to be deposited?

A. Nature of the offence the arrestee is suspected for

B. Age of the arrestee
C. Behavior of the arrestee
D. Status of investigation
E. None of the above.

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 10. Under the FDRE Constitution, the power to enact conflict of laws rules is
given
:
A. explicitly to the Federal law maker.
B. explicitly to the regional parliaments.
C. implicitly to the Federal law maker.
D. There is no provision which implicitly or explicitly deals with the
matter.
E. None of the above.

11. In fixing the domicile/residence of juridical/artificial persons:

A. the statutory seat doctrine bases itself on the place of formal registration
or incorporation.
B. the effective or actual seat doctrine bases itself on the place of formal
registration or incorporation.
C. the middle path doctrine bases itself on the place of principal activities.
D. the preference of the juridical person in question is the controlling
factor.
E. All of the above.
Which one of the following I I statements is incorrect about choice of the
applicable law in conflict of laws?

A. The determination of the applicable law depends on the nature of the

dispute involved.
B. Characterization is an indispensable step towards identifying the
applicable law.
C. Public policy considerations may be relevant when identifying the
applicable law.
D. Determination of the applicable law comes after a decision on judicial
jurisdiction is given.
E. None of the above.

13. In principle, hearsay evidence is not admissible; but there are certain

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 exceptional circumstances where such evidence could be admissible. Which of
the following grounds fall under this exception?

A. Dying declaration
B. Statements made in the ordinary course of business
C. Declarations against interest
D. Statements of opinion as to the existence of a public or general right or
custom
E. All of the above.

14. In a murder trial, which of the following could be regarded as demonstrative

evidence ?

A. The victim's body

B. Weapon used, if any
C. Casts of footprints found at the scene of the crime
D. Evidence showing the lifestyle of the alleged murderer
E. All except "D".

15. Which of the following is not a means of authentication of documentary evidence?

A. Admission of authorship by the writer

B. Proof of signature or handwriting
C. Opinions of experts
D. "A" and "C"
E. None.

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16. Which of the following are the circumstances under which the contents of a
document are proved by employing secondary evidence under the Ethiopian
Draft Evidence Rules?

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 A. When the original is shown or appears to be in possession or power of
the person against whom the document is sought to be proved
B. When the existence of the condition or contents of the original have
been proved to have been admitted in writing by the person against
whom it is proved
C. When the original has been destroyed, lost, or when the party offering
evidence or its contents cannot for any other reason produce it in
reasonable time
D. "A"and"C
E. All of the above.

17. One of the following is not among a lawyer's tasks during litigation planning:

A. Determining the client's needs

B. Identifying the client's priorities
C. Drafting pleadings
D. Identifying the potential counterclaims of the other party
E. Analysing the possible defences of the other party.

18. One of the following is true about burden of proof under Ethiopian law.

A. It may refer to burden of production and burden of persuasion.

B. As the issue (claim) in a case varies, the burden of proof shifts from one
party the other.
C. The plaintiff shall bear the burden of proving the cause of action.
D. When the defendant raises an affirmative defense, he shall bear the
burden of proof.
E. All of the above.

19. One of' r.o following is true regarding examination-in- chief under Ethiopian
law?

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 A. It is a process whereby a party who has called a witness to give evidence
questions him/her with the view to elicit evidence favorable to the
examiner.
B. It is applicable in both civil and criminal cases.
C. Leading questions are prohibited in examination-in-chief.
D. Answers 'A' to 'C\
E. Answers 'A' and 'C\
20. One of the following is not true regarding cross examination under Ethiopian
law:

A. Cross examination is the right of the party against whom the witness
testifies to probe questions to undermine the credibility of the witness.
B. Unlike in the case of examination-in-chief, in the case of cross
examination leading questions can be posed to a witness.
C. It applies only to criminal cases.
D. "A" and "B."
]

E. None.

21. Which of the following is a sound statement regarding the relationship between
evidence and procedural laws (rules) of Ethiopia?

A. Both are adjective laws.

B. Evidence law can be part of procedural law.
C. Procedural laws are integral part of evidence law.
D. "B" and "C".
E. "A" and "B".

22. Which one of the following is not valid about judicial admissions in civil
cases?

A. Facts could be expressly admitted in pleadings.

B. General (evasive) denial may amount to admission.
C. Facts admitted need not be proved.
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 D. "B" and "C".
E. None.

23. The party that is entitled to appeal is:

A. The plaintiff or the respondent in a civil suit.

B. The public prosecutor or the defendant in criminal cases.
C. Answers "a" and "b".
D. Any party on behalf of public interest.
E. None of the above.

r
24. Indicate a statement among the following that is the least acceptable with regard
to client interview:

A. Client interview usually precedes the identification of legal issues and the
gathering of evidence.
B. Tape-recording client interview sessions can render the client overcautious and
very reserved.
C. Client interview needs a setting of friendliness and informal
conversation without taking notes during the first session.
D. The client opens up depending upon the level of trust and confidence
that develops between the client and the attorney.
E. Client interview can be made in the presence of other clients.

25. Choose the most appropriate sentence regarding the content that appellate
litigation usually embodies:

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A. Appellate litigation mainly involves legal issues, and possibly issues of fact as
well.
B. Appellate litigation only involves legal issues. Appellate litigation only involves
C. issues of fact. Appellate litigation always involves a few legal issues, and
D. predominantly issues of fact. None of the above.

E.

LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.)

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 SECTION 2- MATCHING (10 points)

Match each item under Column "A" (i.e., numbers 1 to 10) with its best corresponding item
(among letters "A" to "O") under Column "B".

Column B

1. Adversarial 3. Appeal
2. Aggravated robbery 4. Cassation petition
LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.l Page
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5. Likely source of proof F) Determine needs and priorities of the
client
6. Flagrant offence
G) Fundamental error in law
7. Preponderance of evidence
H) Lawful method
8. Pre-trial planning
I) Mandatory preliminary inquiry
9. Primary authority in legal
J) No charge is necessary
investigation
K) Post conviction procedure
10. The legal method
L) Proclamation
A) Arrest with warrant
B) Arrest without warrant M) Research, Analysis, Communication N)

C) Cause of action Standard of proof in civil cases

D) Choice of law clause O) Witnesses

E) Common law system

LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.) Page 11
 SECTION 3- SHORT ANSWERS (15 points)

Give a short answer to the following questions:

1. Is bad character of the accused considered as relevant evidence in criminal proceedings?

Explain. (6%) 6 lines.

2. Explain the notion of "standard of proof (6%). 6 lines.

3. State three types of legal services given by a person who is attorney and consultant at law
(3%), 3 lines.
SECTION 4- ESSAY TYPE QUESTIONS (20 points)

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1. When faced with cases containing a foreign element, Ethiopian courts have in
practice developed three different approaches to the issue of judicial jurisdiction.
What are these three ways of dealing with the question of judicial jurisdiction and
what drawbacks does each have?
(About 12 lines), 12 points

2. Explain the difference between issues that can be grounds of appeal and issues that
can be grounds for a cassation petition. What are the parties called during appeal and
cassation litigation?
(About 8 lines), 8 points

SECTION 5- CASE PROBLEM (30 points) Read the following

hypothetical case and answer the three questions that follow.

LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.) Page 13
"A" sued "B" to claim compensation for an alleged bodily injury (70% loss according to a
medical certificate). He sustained the injury while he was travelling by a bus owned by "B"
which "C" was driving. The court, being satisfied with the requirements of cause of action
and jurisdiction, sent a copy of the statement of claim and annexes thereto together with
summons to the defendant. The court instructed the defendant to file his statement of defense
with the court's registrar far ahead of the date it fixed in the summons for a hearing. In his
statement of defense (filed as instructed by the court), "B" admitted liability as the owner of
the bus but contested the amount of compensation claimed by "A" as exaggerated compared
to the injury sustained. He asked the court to proportionally reduce it. On the date fixed in the
summons for hearing the suit only "B" was present. The court then dismissed the suit.

Answer the following questions based on the above facts and other additional facts
given below.
Question 1
LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.l Page
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 "A" was not in Ethiopia on the day the court dismissed the suit. He thought the court would
simply proceed with the case even in his absence as he had submitted all the necessary
documentary evidences that establish the liability of "B" and the amount of compensation
due to him. He returned to Ethiopia a day after the court dismissed the case and found out
that his suit was no longer pending. On the next day, he filed an appeal against the order of
the lower court. If you were the appellate judge, would you admit this appeal? Why or
why not?
[10 points]

Question 2
Assume that "A" also sued "C" as co-defendant with "B". "C" did not bother to go to court on
the date fixed in the summons for the hearing of the suit although he had filed
his defense with the court's registrar long before the time set for the hearing. The court heard
the suit ex parte. The court then adjourned the case to hear A's witnesses on whether "C" was
professionally at fault to cause injury while driving the bus. "C" appeared on the date set to
LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.) Page 15
hear A's witnesses. He did not want to invoke setting aside procedure; yet he asked the court to
allow him cross-examine A's witnesses and to introduce his own defense witnesses. "A" has
objected to C's move. If you were the judge, would you allow him? Why or why not?
[10 points]
# *

Question 3
Assume that the court had heard the case and rendered judgement in A's favour. "B" filed an
appeal against the decision of the court to challenge the amount of compensation the court has
ordered him to pay "A". The appellate court confirmed the decision of the lower court. B's
attempt at cassation also failed. "B" later discovered that the medical certificate on the extent
of A's bodily injury was obtained through the corrupt practices of the board of physicians who
examined him. The extent of A's bodily injury was only 20%! "B" wants to challenge the
former judgment on this ground. Can he do so, if he files his application within the legally
prescribed time and upon payment of the required court fee? Why or why not?

LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.l Page
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 [ 10 points]

Good Luck

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Answer Sheet Cover Page
LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.) Page 17
 Part II, LL.B Exit Exam
7

The data on this page is accessible only to NEAEA

DIRECTIONS:
IP

Please read the following directions carefully before starting to work on the
examination. i

1. Write your first name, father's name (patronymic) and grandfather's name
(surname) in BLOCK letters in the spaces provided below.
2. Write the Name of your University and your Identification Number on the
spaces provided below in BLOCK letters.

LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.l Page
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 3. Do not write your Name, Registration number or any other information
regarding yourself inside the answer sheet.
4. Code Number is for use by the National Agency for Examinations
(NEAEA). Therefore nothing should be written on it.

LL.B EXIT EXAM PART III, NEAEA 2013 (2005 E.C.)

PROCEDURAL LAW AND SKILLS COURSES

First Name Father's Name Grandfather's Name

I.D. Number
LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.) Page 19
 ■

University

Code Number (To be filled by NEAEA) _^

LL.B Exit Exam Part III, NEAEA 2013 (2005 E.C.l Page
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