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National Educational Assessment and Examinations Agency (NEAEA) National Exit Examination for LL.B Programme Students of Ethiopian Law Schools Academic Year 2013/2014 Part III: Procedural Laws and Skill Courses 20 March 2014 Time Allowed: 3 (Three) Hours Instructions: • This is a closed book exam for all materials except clean copies of the Civil Procedure Code, the Criminal Procedure Code and the Federal Courts Establishment Proclamation 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! First Name Fatber's Name Grandfather's Name Registrati'on Number _ _ _ _ _ _ _ _ _ _ __ Universi ty _ _ _ _ _ __ _ __ _ _ _ _ __ www.chilot.me SECTION 1- MULTIPLE CHOICE QUESTIONS (25 points) There are 25 multiple choice questions in this exam. Each question carr.ies !!!!! point. Choose the best answer and w.rite the letter of your choice on a separate answer sheet appended to this exam booklet. 1. Identify the incorrect statement(s) about the cost of litigation under the Civil Procedure Code of Ethiopia is(are): . A. The loser party bears cost of litigation. B. Both parties may be ordered to bear their own respective costs. C. The cost of litigation includes damages due to a party as a result of abuse of process by its opponent. D. The cost of litigation is not subject to review by a higher court. E. C andD 2. Choose the most appropriate statement based on the nature of civil appeal in Ethiopia: A. It is no less adversarial than the trial stage. B. Judges are required by law to give deference to the factual findings of trial courts. C. All errors of lower courts merit review. D. It involves de novo hearing. E. No errors other than those asserted by parties can be considered. 3. Remand under the Civil Procedure Code: A. represents the process by which a court of appeal sends a recalcitrant respondent to the custody of police. B. Reversal of the decision of the lower court is a condition precedent for the appellate court to order remand. C. Reversal of the decision of the lower court is a sufficient condition for the appellate court to order remand. D. Failure of the lower court to consider a material evidence of a party necessarily leads to remand. E. All except A. LL.B Exit Exam Part III NEAEA 2014 (2006 E.C.) Page 1 www.chilot.me 4. Which one of the following is correct about examination of witnesses in a civil case under Ethiopi~n Civil Procedure Code? A. It follows the inquisitorial model. B. It follows the adversarial model C. It normally allows to impeach own witness. D. There is no restriction as to the form of question a party may put to a witness. ' E. Band C are correct. 5. Which one of the following is not a formal source of the law of civil procedure in Ethiopia at the present time? A. The 1965 Civil Procedure Code of the Empire of Ethiopia; B. The Constitution of the Federal Democratic Republic of Ethiopia;. C. The Federal Courts Establishment Proclamation; D. State laws establishing state courts; E. None of the above. 6. Choose the correct statement regarding the order of proceeding: A. Plaintiff always makes its opening statement and produces its evidence before defendant does. B Defendant always makes its opening statement and produces its evidence before plaintiff does. C. The order of proceeding depends on the issue framed and the party who bears the burden of proving same. D. The order of proceeding is not a typical feature of adversarial model. E. C and D are correct. 7. Which one of the following is true about the law of pre-trial hearing in Ethiopia? A. It has the major purpose of resolving issues. B. It has the main purpose of framing issues, if any. C. It involves mainly examination of parties and riot of evidence. D. Parties are more active than judges at pre-trial hearing.