Paper 3

OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM

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.

On completion, a candidate 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

1
Basic Concepts and Type of Laws
1. 1.1
  Constitutional law
2. 1.2
  Statutory law
3. 1.3
  Substantive law
4. 1.4
  Procedural law
5. 1.5
  Administrative law
6. 1.6
  Common law
7. 1.7
  Civil Law
8. 1.8
  Civil and criminal actions of fraud
9. 1.9
  Criminal law
10. 1.10
  International law
2
Systems of Government
1. 2.1
  Unitary system
2. 2.2
  Federal system
3
The Court System
1. 3.1
  Establishment, structure, composition and jurisdiction of courts
2. 3.2
  Supreme Court
3. 3.3
  Court of Appeal
4. 3.4
  High Court
5. 3.5
  Ant-corruption courts
6. 3.6
  Employment and Labour Relations Court
7. 3.7
  Environmental and Land court
8. 3.8
  International Court of Justice
9. 3.9
  Magistrates Court
10. 3.10
  Court Martial
11. 3.11
  Kadhi’s Court
12. 3.12
  Distinction between Courts and Tribunals
13. 3.13
  Tiered court system
14. 3.14
  Jurisdiction and venue
4
Alternative Dispute Resolutions (ADR)
1. 4.1
  Nature of alternative dispute resolutions (ADR)
2. 4.2
  Nature and types of disputes
3. 4.3
  Legal framework governing ADR
4. 4.4
  General principles of ADR
5. 4.5
  Negation and Conciliation
6. 4.6
  Mediation
7. 4.7
  Arbitration
8. 4.8
  Dispute Review Boards
9. 4.9
  Traditional dispute resolution mechanisms
5
Common Legal System
1. 5.1
  The common law and substantive law
2. 5.2
  The doctrine of stare decisis and case law
3. 5.3
  Adversarial judicial process
6
Civil Legal System
1. 6.1
  Codified Principles
2. 6.2
  Inquisitorial judicial process
3. 6.3
  Anti-corruption courts