Chopi KASNEB CFFE Overview of the Legal and Justice System Notes

Overview of the Legal and Justice System KASNEB Notes

Download Overview of the Legal and Justice System Notes

CFFE Module 1 Notes Pdf

UNIT DESCRIPTION

This paper is intended to equip the candidate with knowledge, skills and attitudes that will enable him/her to apply and comply with various laws as they relate to fraud investigations.

LEARNING OUTCOMES

A candidate who passes this paper should be able to:

  • Apply the appropriate laws in fraud investigations
  • Apply the appropriate judicial process of discovering evidence
  • Relate various types of courts and their jurisdiction
  • Comply with legal and regulatory requirements

CONTENT

Basic Concepts and Type of Laws

  • Constitutional law
  • Statutory law
  • Substantive law
  • Procedural law
  • Administrative law
  • Common law
  • Civil Law
  • Civil and criminal actions of fraud
  • Criminal law
  • International law

Systems of Government

  • Unitary system
  • Federal system

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The Court System

  • Establishment, structure, composition and jurisdiction of courts
    • Supreme Court
    • Court of Appeal
    • High Court
    • Ant-corruption courts
    • Employment and Labour Relations Court
    • Environmental and Land court
    • International Court of Justice
    • Magistrates Court
    • Court Martial
    • Kadhi’s Court
    • Distinction between Courts and Tribunals
    • Tiered court system
    • Jurisdiction and venue

Alternative Dispute Resolutions (ADR)

  • Nature of alternative dispute resolutions (ADR)
  • Nature and types of disputes
  • Legal framework governing ADR
  • General principles of ADR
  • Negation and Conciliation
  • Mediation
  • Arbitration
  • Dispute Review Boards

Common Legal System

  • The common law and substantive law
  • The doctrine of stare decisis and case law
  • Adversarial judicial process

Civil Legal System

  • Codified Principles
  • Inquisitorial judicial process
  • Anti-corruption courts

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