NATIONAL AGENCY FOR EXAMINATIONS (NAE)
NATIONAL EXIT EXAMINATION FOR
STUDENTS OF ETHIOPIAN LAW SCHOOLS
2010/2011 ACADEMIC YEAR
PART IV: – MISCELLANEOUS COURSES
(Note: This exit exam includes all question under “MISCELLANEOUS COURSES” except the matching part.)
SECTION I: – CHOOSE THE BEST ANSWER FROM THE GIVEN ALTERNATIVES (35%)
1. Which of the following is not true about the Civil Law and the Common Law legal systems?
A. The Common Law legal system is interested only in providing solution to a case at hand rather than formulating a general rule of conduct for the future.
B. The Common Law legal system is much less abstract than the Civil Law legal System.
C. Each legal system is moving in the direction of the other.
D. The Civil Law legal system emphasizes on form and structure than the Common Law legal system.
E. None of the above
2. Under the current legal set up in Ethiopia, which of the following organs has no power to initiate draft law for consideration by the House of People’s Representatives?
A. Members of the House of People’s Representatives.
B. Council of Ministers.
C. Plunum of the Federal Supreme Court of Ethiopia.
D. Trade Unions.
E. None of the above.
3. Which of the following is not true about the hierarchy of laws?
A. There is a direct relationship between hierarchy of laws and the hierarchical relationship among law making authorities.
B. It is important for the purpose of making laws.
C. It is the constitution that ultimately determines the hierarchy of laws.
D. The hierarchy of laws varies from time to time.
E. None of the above
4. Which of the following factor does not account for the need for interpretation of laws?
A. The nature of language.
B. The generality of law.
C. Social dynamism.
D. Static nature of law.
E. None of the above.
5. Which of the following is a cause for the existence of legal pluralism in Ethiopia?
A. The federal setup under the current constitution.
B. The recognition by the Federal Constitution of the validity and applicability of non-state norms for personal matters.
C. The existence of multicultural society in Ethiopia.
E. All of the above.
F. None of the above.
6. One of the following is correct about federalism and federations
A. The former refers to the institutional expression whereas the latter refers to a normative concept.
B. The latter refers to the institutional expression whereas the former refers to a normative concept.
C. Both refer to ideology.
D. Both refer to the institutional expression.
7. Regional states have jurisdiction to legislate over the following matters except
A. Civil servants of the regional state
B. Organization of their police force
C. Traffic regulation
D. Labour matters
E. Over land in accordance with federal legislation
8. One of the following is incorrect about unitary states in contrast to federal states
A. There is one level of government and such number of administrative units as deemed necessary in unitary states
B. There is superior-subordinate relationship between the central government and administrative units in unitary states
C. The central government does not determine the form and scope of power to be exercised by administrative units
D. The central government may reorganize the administrative units in a unitary state depending on administrative, economic and other considerations
9. Which one of the following countries has a one list method of dividing power between the federal government and constituent states?
10. Which one of the following is incorrect about administrative federalism?
A. The division of powers is on roles than policy fields
B. Germany is an example of this model of division of powers
C. Executive responsibility of federal laws is that of the constituent units
D. Each level of government is responsible for execution of the policy area it is assigned
11. Positivists do not believe in one of the following:
A. The only legitimate sources of law are those written rules, regulations, and principles that have been expressly enacted, adopted, or recognized by a government body.
B. Law should be studied separately from morality and justice
C. Morality is unimportant
D. All laws should be written and codified to be predictable
12. One of the following sentences is incorrect.
A. Realists give emphasis to statutes more often than to the judge’s beliefs
B. Natural law school believes in the existence of some higher moral values
C. Positivists put the sovereign power at the center of the legal system
13. Kelsen’s grand norm is equivalent to:
A. The Constitution
B. To the dominating attitude of the society
C. The whole body of positive law of a country
D. Universal and unchanged higher laws
14. One of the following is false about realist school of jurisprudence
A. law is simply the prediction of what the courts will do
B. the life of the law is experience rather than logic and reason
C. realists put the judge at the center of the legal system
D. realists do not accept the separation thesis
15. One of the following is not included among Fuller’s inner morality of law
A. Generality of laws
B. Publication of laws
C. Retroactivity of laws
D. Consistency of laws
16. A case will be said to have involved a private international law matter:
A. When it involves any foreign element
B. If the transaction is of a private or public nature
C. When the transaction is of a private nature and involves more than a single legal system
D. If there is no hard and fast rule for that and must be decided on a
case –by-case basis.
17. Courts which are too much conscious of the sovereignty of their legal system will opt one of the following solutions whenever the problem of renvoi arises :
A. Will totally dismiss the case
B. Will apply the foreign substantive law in preference to domestic law
C. Will prefer to apply domestic law to foreign law
D. Will reject the renvoi and apply the law of the country as indicated by its conflict of laws rule.
E. Will ensure first that such a problem never arises in their forum.
18. Given the federal form of arrangement that Ethiopia is following , one would be logical to say:
A. there is no urgent need to enact a legislation on conflict of laws as the Constitution effectively guides courts on the subject
B. The power of enacting legislation on conflict of laws must be left exclusively with the States.
C. Since legislation on conflict of laws would be vital to create one economic community, its enactment must be a power given to the Federal government.
D. It would be of pragmatic value if the power of enacting such law is concurrently exercised both by the federal government and regional government
19. Conventionally, the purpose of conflict of laws covers all but one :
A, determining applicable law when choice of law problem encounters
B. determining judicial jurisdiction of courts
C. determining nationality of parties before the forum
D. guiding courts when to recognize or enforce foreign judgments
E. All of the above are legitimate purposes of Conflict of Laws
20. Which one among the following is not true about judicial jurisdiction in the international context ?
A. In most countries, the problem of judicial jurisdiction is treated as a question of conflict of laws.
B. In Ethiopia, there are no specific rules which govern the problem of judicial jurisdiction.
C. Some provisions, under the Federal Courts Proclamation No. 25/1996, deals with the issue of judicial jurisdiction.
D. There has been no attempt to fully address the problem of judicial jurisdiction through uniform federal rules of private international law.
21. One of the following never justifies termination of contract of employment in Ethiopia.
A. Sickness D. Sex
B. Employment injury E. All
22. Which one of the following is necessarily true under Ethiopian labour law?
A. Regarding its form, probation is a matter left for parties’ agreement.
B. Grounds of suspension of contract of employment can be lawfully expanded by collective agreement.
C. Where the terms of collective agreement are inconsistent with the provisions of labor law, the latter prevails.
23. Identify the wrong statement about termination of contract of employment under Ethiopian labour law.
A. An employer is absolutely prohibited from dismissing a worker who is under suspension.
B. An employer whose right to terminate a contract of employment is barred by period of limitation (1 month), surrenders his right to terminate altogether (based on same ground) subsequently.
C. Where contract employment is terminated by notice, the termination would be effective as of the date of issuance of the notice.
24. Identify the correct statement under Ethiopian employment laws ( in particular labour and civil servant law):
A. Where an employer fails to terminate a contract of employment made for definite period despite the period expires, the contract would be presumed to have been made for indefinite period.
B. Notice in termination of contract of employment puts the worker under default in that the worker, failing to rectify the cause which necessitates the notice, would be dismissed out rightly.
C. In reducing work force the employer may validly take disability in to account (based on productiveness). i.e persons with disability can be reduced first.
D. The contract of a worker who is under maternity leave may not be terminated on any ground until the leave expires.
25. Summary dismissal occurs where:
A. Parties end their contract because of events beyond their control.
B. The employer terminates the contract without notice alleging worker`s misconduct.
C. The worker terminates the contract without notice pushed by employer`s misconduct.
D. The employer terminates the contract with notice but claims worker`s misconduct.
26. Gender could not be the result of _______________.
A. Culture D. Globalization
B. Religion E. All
C. Philosophy F. Only A and B
27. The first fundamental transformation that took place in 1995 was the recognition of the need to shift the focus from women to the concept of gender, recognizing that the entire structure of society, and all relations between men and women within it, had to be re-evaluated. Such idea was the result of which conference?
A. Copenhagen Conference C. Nairobi Conference
B. Beijing Conference D. The Mexico City conference
28. Which action by the current Ethiopian government does not address the problems of Ethiopian women?
A. It ratifies international women right documents
B. It enacted the Revised Family Code of 2000
C. It issued the Amended criminal Code in 2004
D. It adopted in 1995 the FDRE Constitution
E. Before assuming political power it recognized women’s role as a result of their military contribution to fighting the previous regime.
29. Which of the rights of women are not best protected under Ethiopian laws?
B. Rights within marriage and family relationships
C. Rights over children (guardianship)
D. Equal treatment before the law.
30. Of all the rights affected by female early marriage, which isn’t;
A. Education right
B. Health right
D. Reproductive rights
31. Why do we study legislative Drafting?
A. To get well- versed techniques of modern legal drafting
B. To fill the gap lack of expert legislative draftsman
C. To give more attention in consideration of Language and improve substantive policy
E. All except “C”
32. Which one is not the concern of Legislative draftsman?
A. Helping his client regarding the substance
B. He has no direct concern with the substantive policy of the client.
C. He must find out what the client is trying to accomplish
D. He must find out about the factual environment in which the matter arises.
33. Which one is the problem that draftsman confronted with in developing a specific arrangement
A. The problem of division
B. The problem of classification
C. The problem of sequence
D. The problem of composition
E. All except “D”
34. Among the following one is not the concern of legislative drafting?
A. Knowing the substantive policy of the client
B. Legal instrument as communication
C. Legal research and citation
D. Knowing the substantive steps in Legislative drafting.
E. Arrangement of Legal instrument
35. The disease of over vagueness refers to:
A. The degree to which independent of equivocation
B. The marginal question of degree of equivocation
C. Uncertain usage to particular words and phrases
D. The marginal question of degree of equivocation
E. All of the above
SECTION II: SAY TRUE IF THE STATEMENT IS CORRECT AND FALSE IF THE STATEMENT IS INCORRECT (7%)
1. The Constitution of Federal Democratic Republic of Ethiopia indiscriminately recognizes the applicability of customary norms.
2. The federal government in Ethiopia is responsible to bear financial expenditures incurred by the regional states in discharging responsibilities assigned to them by the constitution.
3. For sociologists and realists law should be weighed based on its moral content rather than its function.
SECTION V: GIVE SHORT ANSWERS IN NOT MORE THAN 5 LINES (8%)
1. What is Separation thesis (4%)
2. Explain briefly why labour law is inapplicable to domestic workers.[4%]
SECTION VI: WRITE SHORT ESSAYS FOR THE FOLLOWING QUESTIONS IN NOT MORE THAN 10 LINES. (13%)
1. Analyze the Ethiopian federation in light of the common features of federation. (6.5 pts)
2. “Law is a general norm of social behavior to which sanction is attached.” Elaborate this statement. (6.5Pts)
SECTION VII: HYPOTHETICAL CASE QUESTIONS (20%)
Tesfanesh appeared before a Recruiting Committee of Commercial Bank of Ethiopian (CBE) after a vacancy announcement for the job of a senior accountant advertized on Addis Zemen Gazette. She was among 200 applicants for the job at first, but with her credentials and work experience she was able to make the last two best qualifiers for the position, which demands one person. Her competitor was Misganaw whose overall point was equal with Tesfanesh’s.
The Chairperson of the Recruiting Committee recommended, and the Manager of CBE subsequently approved, the recruitment of Tesfanesh instead of Misganaw as a senior accountant as though Misganaw was equally qualified with her for the stated position.
Do you think the decision of the CBE amounts to gender based discrimination in employment? What ground did the Bank have for the possible complain that could be raised by Misganaw that he was discriminated against? (8 Pts)
By applying H.L.A. Hart’s argument on positivism (primary and secondary rules) argue in favor or against the hypothesis that Ethiopia had no a legal system before the adoption of the present codes in the 1960s. (You may assume/use some facts on the condition of the Ethiopian legal system before 1960s from your course on legal History) (12Pts)
4. If a case contains no foreign element, from the outset, Conflict of Law is irrelevant.
5. As far as severance pay is concerned, Civil servants receive better protection than workers.
6. An affirmative action shall be availed to women living in countries like Ethiopia with respect to any rights in the law.
7. The draftsman can not develop satisfactory plan for a Legal instrument unless he/ she understands the general principles of arrangement
SECTION III: FILL IN THE BLANK SPACES (7%)
1. The borrowing of law from another legal system is known as_________________.
2. Legislative power on patent and copyright, under FDRE constitution, belong to____________________________.
3. ___________________________is known for his famous quotation “The life of the law has not been logic, it has been experience.”
4. __________arises if the reference made as to which law of a foreign country is to the inclusion of the foreign choice of law rules.
5. Ms F, a fourth year Accounting student, is attached to the Ethiopian Insurance Company for her externship. The work relationship between Ms F and the Insurance Company can be regulated through__________________.
6. __________ is a natural attribute helping us to identify a person as male or female in that a male person biologically differs from a female.
7. _______________are very important in a Legal instrument to achieve clarity and understandability.
Last year, Ethiopian law school students have for the first time taken the National Exit Exam which will qualify them for their successful graduation. Most of the students did not have a clear guidance on how to prepare themselves. Now, last years exam will to some extent help them understand the type and nature of questions involved. Here is part of the exam paper for public laws.
NATIONAL AGENCY FOR EXAMINATIONS (NAE)
NATIONAL EXIT EXAMINATION FOR
STUDENTS OF ETHIOPIAN LAW SCHOOLS
2010/2011 ACADEMIC YEAR
PART II:- PUBLIC LAWS
Section I: Choose the Best Answer (20%) (One Point Each)
1. One of the following is not a canon of taxation
A. Certainty C. Accountability
B. Productivity D. Economy
2. The following statement is correct about commonality of TOT and VAT
A. Both are Indirect taxes
B. Both belong to the family of sales taxes
C. Both avoid cascading effect
3. Which one of the following is true about the similarities and differences between restrictions to and derogations from human rights provisions?
A. A restriction suspends the right whereas derogation limits its application.
B. Both are necessary evils at all times and in all places.
C. Restrictions are perpetual in character whereas derogations are temporal.
D. Restrictions are justified by the rights of others alone whereas derogations might be made to protect the constitutional order.
E. None of the above
4. Which one of the following is true about classification of human rights?
A. It helps in prioritizing one right over the other.
B. We have universal standards to classify human rights.
C. It might be considered as a reflection of ideological controversies in human rights standard setting.
D. It mainly serves for academic purposes without any effect of prioritization.
E. C and D are correct.
F. All of the above are correct
5. The goal of separation of powers is
A. To do away with or minimize tyranny
B. To ensure liberty of citizens
C. Ensuring efficiency of government
6. The following may not be suspended during emergency under FDRE Constitution except
A. The right to equality
B. The prohibition against inhuman, degrading treatment or punishment
C. The federal democratic organization of the state
D. Right to self-determination
7. One of the following is true about the federal legislature under FDRE Constitution
A. FDRE Constitution establishes a bicameral house with equal
B. The composition of the two houses (HPR and HF) is not different
C. The method of election of the two houses is the same
D. Both HPR and HF participate in amendment of the constitution and jointly elect the president
8. What rule of law requires is that
A. Subjection of everyone to the same law and ordinary court
B. Equal protection of the law
C. Supremacy of ordinary law
D. Rule of law and not men
9. Constitutionalism requires that
A. There should be popular sovereignty
B. Separation of powers
C. Human rights are respected
D. There should be limit to what the majority can do
10. Bicameral legislature was envisaged in all except in the
A. 1931 constitution
B. 1955 revised constitution
C. 1987 PDRE constitution
D. 1995 FDRE constitution
11. One of the following is incorrect about sovereignty.
A. Sovereignty implies that states don’t accept any supreme authority above them without their consent.
B. Sovereignty dictates that obedience to international obligation is optional.
C. The executive (enforcement) jurisdiction of states is strictly territorial.
D. Immunities and privileges of a state in another state is an exception to the principle of sovereignty.
12. Which one of the following is true about the legal significance of Recognition of states?
A. It may serve as an evidence to confirm or refute statehood when there is doubt regarding the four factual criteria of statehood.
B. Premature recognition may amount to unlawful intervention.
C. It may have a constitutive effect when new states are created through secession.
13. Which one of the following Doctrines in the law of International Organization receives judicial support in the Reparations for injuries Advisory Opinion when establishing international legal personality for the UN?
A. The principle of Specialty
B. The Doctrines of attributed powers
C. The doctrine of inherent powers
D. The doctrine of Autonomy
E. The Doctrine of Implied powers
14. Identify the statement that does not explain the purpose of environmental impact assessment
A. Serves to bring about administrative transparency and accountability.
B. Enhance community participation in development activities that might affect them and their environment.
C. Cancel development projects that promote welfare of the community
D. Serves to predict and manage environmental effects which a proposed development activity entails.
15. Identify the statement that well describes Sustainable Development?
A. Non- linearity of natural resource degradation is not yet a threat.
B. Possible to employ the theory of ‘pollute now and compensate later’.
C. It is becoming less an option for developing nations.
D. Nature has still the potential to accommodate un-sustainability.
16. One of the following statements is true about judicial review?
A. The grounds for judicial review are always contained in the statute conferring powers on public bodies.
B. In judicial review the court reverses the decision of the defendant public body.
C. Judicial review focuses on the way public bodies make their decisions. The basis of a judicial review claim is not that a decision is wrong, unless the decision is so wrong that no reasonable public body could have reached it.
D. In judicial review the court replaces the decision of the defendant public body with its own decision on the merits of the claim.
17. Which one of the following statements is false?
A. writ of certiorari, now called a quashing order, allowed a court to reverse the decision of agencies and replace it with its own judgment of the merits of the case.
B. When a claimant asks a judge to review the lawfulness of a public body’s decision, the court will look at the way the public body reached its decision
C. The court has jurisdiction to examine the record of a public body’s proceedings and if there are errors on the face of the record the defendant’s decision may be quashed.
D. A writ of mandamus is issued by a court to compel a government officer to perform mandatory or purely ministerial duties correctly.
18. A goes to a party and asks his friend B to bring him a non-alcoholic beer. Unbeknownst to him, B returns with a glass of ordinary beer. After consuming several glasses, A gets in to a car and because of his intoxication, he loses control and causes injury to a pedestrian. Which one of the following is true according to the Criminal Code of Ethiopia?
A. Intoxication would be a defense to any crime that requires proof of knowledge and purpose
B. A can raise the defense of intoxication so long as it was involuntary
C. He can’t raise the defense of intoxication at all as he was at fault in putting himself at the party in the first place
D. Even if it were involuntary he can be charged for crimes against public safety
19. Which one of the following is not true about the Federal Courts Special Advocacy License?
A. One needs to have a university Degree and five years relevant experience to hold the license
B. The license is not designed to receive financial rewards
C. The applicant for such category of license is exempted from Advocacy Entrance Examination
D. Professional Indemnity Insurance policy is a requirement to receive this category of license
20. Which one of the following is not true about practicing law?
A. Practicing law without a license is a crime
B. A person can represent his spouse in a court of law without having a license
C. Graduation from law school is a pre condition to become an advocate
D. Any Ethiopian can practice law
Section II: Say true if the statement is correct and false if the statement is in correct? (5%) (One Point Each)
1. Procuring the means or creating the conditions for the commission of a crime is not always punishable under Ethiopian Law.
2. Human rights provisions of regional constitutions in Ethiopia can deviate from their federal counterpart so long as they provide a better protection.
3. Tax withholding is the process of depositing money to be credited later against one’s tax liability
4. The difference between first past the post system and proportional representation electoral systems lies in the fact that the former takes place in multi-member district whereas it is in single districts in the latter.
5. A consistent General Practice of states is what separates Habitual acts and acts of Courtesy from acts required by law