National Educational Assessment and ~inations

Agency (NEAEA)

National Exit "Examination for

LL.B Programme Students of Ethiopian Law
Schools

Academic Year 2013/2014

[

Part IV: Miscellaneous Courses

21 March 2014
Time Allowed: 2:45 Hours
Instructions:

• This is a closed book exam for all materials except clean copies of the FDRE
Constitution and Criminal Code of Ethiopia 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 questioQ..
• 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 Father's Name Grandfather's Name

Registration" Number
University
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 Part I. Multiple-choice questions (25 points)

Choose the best answer from the given choices and write the letter of your choice in
• the answer sheet provided. Each question carries 1 point. Please allocate about 25
minutes to complete this part of the exa~.

1. IdentifY the correct combination in the classification of laws.

A. Substantive Law - Evidence Law

B. Public Law - Administrative Law
C. Civil Law - Constitutional Law
D. Public Law - Contract Law
E. Procedural Law - Family Law

2. . The statement that is true about law making process in Ethiopia is:

A. Laws could/can be initiated only by the legislative and other ministries

during the Imperial, the Derg and current regimes. .
B. International agreements ratified by Ethiopia had/have a lower status than
the counfry's constitution i n both the Imperial and the current regimes.
C. Under the present regime, the executive branch of the government does not
have the right to initiate laws.
D. The Federal Supreme Court of Ethiopia has the power to initiate laws.
E. The Council of Ministers in Ethiopia has inherent power to enact legislation
deemed necessary to promote objectives for which it is established.

3. A rule of interpretation that considers historical background of a given legislation

where the language of the law does not reveal the true intention of the lawmaker IS:

A. The Mischief Rule of Interpretation

B. The Liberal Interpretation
c. The Logical Interpretation
D. The Golden Rule of Interpretation
E. DoctrinalIIlterpretation

4. A juridical act is:

A. An act that does not entail legal consequences

B. An act .performed by minors
.c. A mere contract between two or more persons
D. An act which result in the formation, transfer, alteration and termination of
legal relations
E. A legal consequence that arises from the operation of the law

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 5. Which of the following order is, respectively, the first and last step in law making
process?

A. Initiation and signature

B. Preliminary reading by the legislature and signature
C. Preliminary reading by the legislature and publication
D. Initiation and enactment
E. Initiation and publication

6. One of the following sentences about Socrates' speech is incorrect.

A. It is just to obey the command of god rather than that of a state.

B~ Obey a command as far as it is legal and just.
C. It is unjust to return harm for harm.
D. .When the laws unjustly treat you, you can respond to them in a similar
fashion.
E. A citizen tacitly agrees to respect laws by continuously living in the
country.

7. One of the following sentences is not sound.

A. Legal 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 centre of the legal system.
D. Natural law blends law and morality.
E. Legal realists put the judge at the center of the legal system.

8. Which one of the following statements isfalse about Locke's state of nature
argument?

A. Locke's state of nature is a perfect state of equality and freedom.

B. In the state of nature men were judges in their own case.
C. Locke favors absolute sovereign.
D. In the Locke's state of nature, creation of private property was possible.
E. The sole purpose of establishing a state, according to Locke, is _to protect
private property.

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9. One of the following is not the defects of Hart's primary rules.

A. Lack of certainty
B. Being static
C. Absence of dispute settlement mechanism
D. Existence of executive body that enforces the laws
E. Inflexibility of rules

10. Which one of the following is a decisive factor in transforming a given customary
practice into customary law?

A. Opinio juris
B. Regularity
C. Longevity
D. Repetition
A. Sovereignty

11. The reason for marginalization of customary law systems during the Ethiopian
codification projects in 1950s and 1960s could be:

A. Customary law systems were seen as impeding national political unity.

B. Customary law systems were taken as retarding national economic
development.
C. Customary law systems were taken as inimical to the country's
_ modernization project.
D. Customary law systems were seen as lacking uniformity.
E. All of the above

12. The Code of Ethiopia that explicitly and predominately rejected customary rules
and practices is:

A. The Civil Code

B. The Commercial Code
C. The Civil Procedure Code
D. A & C are correct
E. The Penal Code

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 13. Which one of the following is an attribute of the Ethiopia legal system that existed
prior to mid-20 th century?

A. Incompleteness of substantive and procedural laws

B. Relatively strong legal inst~tutions
C. Lack of keeping with the then developments in legal science
D. A & C are correct
E. Strong public laws in contrast to weak private and commercial laws

14. Which of the following seems to have no contribution to Ethiopia's decision to

codify her laws in 1950s and 1960s?

A. Consultative Committee set up to evaluate laws in light of the standards of

humanity, justice and equal treatment of foreigners with citizens
B. The Consular Courts established to adjudicate cases having a foreign
element using foreign laws
C. The dominance of the legal system by customary laws
D. Presence of elites in the Imperial Government with"western education.
E. None of the above

15. Legal malpractice may result from violating advocate's ethical duty of

A. Competence and diligence

B. Independence and confidentiality
C. Independence and propriety
D. Impartiality and honesty
E. Loyalty and secrecy

16. A sitting-judge who prepares contracts and other legal documents for payments
only on weekends:

A. Violates Advocates' Code of Conduct

B. Commits a crime punishable with imprisonment
C. Violates ethical duty of equality
D. Exercises his freedom of profession
E. None of the above

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17. An advocate who causes damage for reckless handling of a client's case may be
subject to:

A. Payment of damages determined by the Advocates' Disciplinary Council.

B. Criminal prosecution by the Ministry of Justice.
C. Payment of damages determined by the Minister of Justice.
D. Payment of fine determined by the Advocates' Disciplinary Council
E. Downgrading for violation of an ethical duty.

18. Which one of the following conduct may result in revocation of advocate's license?

A. Charging excessive fee.

B. Paying fair compensation to individuals for case referrals.
C. Accepting cases concerning law of insurance only.
D. Practicing before state courts.
E. Attending conferences prepared by judges.

19. Which one of the following statement could be an· example of indirect
discrimination against women?

A. A policy requires only women to obtain the consent of their spol:lses as a

precondition for medical treatment.
B. A policy requires an adult to obtain the consent ofhislhis parent as a
condition for obtaining access to contraceptive services.
C. A policy requires everyone to pay for medication he/she received.
D. A and B are correct.
E. All

20. Which one of the following can be a factor for achievement of gender equality to be
constrained?

A. Lack of accurate, timely and cross-country comparable data that can

provide adequate benchmarks and serve as the basis for monitoring the
implementation of development program.
B. Absence of a proper understanding of mainstreaming and the lack of
technical capacity for gender analysis, and the design, implementation and
monitoring of program.
C. Inadequate resources and lack of political support in realizing the mandate
designated for national focal points for advancing the status of women.
DA A and B are correct.
E. All of the above

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 21. Which one of the following statements is true about gender equality?

A. Women and men have to become the same.

B. Men's and women's rights, responsibilities and opportunities will not
depend on whether they are born male or female. .
D. Fairness of treatment for women and men, according to their respective
needs.
D. All of the above
E. None of the above

22. Which of the following statement is incorrect?

A. Many violations of the rights of women occur in situations that remain

outside the regulatory framework of the state.
B. Many economic activities performed predominantly by women are not
regulated by the state
C. Increasingly, infringements of human rights take place because of the
actions of non-state actors
D. All
E. None

23. Identify the false statement about the interrelationships of international and national
environmental laws?

A. International environmental law is a body of law distinct from national law.

B. The range of approaches to adoption of international environmental law
varies across national legal system
C. Monism is a view that international and national laws are interconnected as
a single system
D. Dualism depicts international law and national law as two independent and
separate legal systems that exist in a variety of interrelationships with each
other.
E. Relationships between international law and domestic law occur at points
between the polar extremes of monism and dualism in Ethiopia

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24. - One is not the reason behind the failure story of climate change negotiation:

A. Emerging developing world is becoming major emitters and major

economic competitor of the traditional west.
B. Actions will have a detrimental effect on major economic sectors.
c. Developed world do not wartt to assume full historical responsibilities to
the many effects of it.
D.Recent decrease in greenhouse gasses concentration in the atmosphere
slowed actions.
E. Industrial lobbying groups succeeded in influencing national government
and politics.

25. Courts may award any of the following reme,die~ for an environmental case except
'
one: ./ .

A. Injunctive relief to halt the narmful activity

B. Extradite the accused from the nation
c. Imprison the accused if found guilty
D. Shut down pollution source factory _
E. Forfeiture of illegally imported restricted items

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 Part II. Matching (10 points)
Select a term/phrases from column 'B' that best match with a term/phrases under
column 'A' and write the letter of your choice in the answer sheet. Each question "
carries 1 point. Please budget about 10 minutes to complete this part.

Column 'A' Column 'B'

26. Formal source of Law A. Leon Fuller
27. Corrective justice B. Hans Kelsen
28. Absolute sovereign C. Procedural validation
29. Inner morality of law D. Thomas Hobbes
30; The 1930 Penal Code of Ethiopia E. Description of human conduct
31. The Corpus Juris Civilis F. A law that seeks to remedy wrong
32. Articling G. A law that aims at fair distribution of
benefits and burdens
33. UN Declarations and Resolutions H. John Finnis
34. Accountability 1. Came into force in 8th century AD
· 35. Gender dynamics 1. The tripartite division of offenses
K. The Commentators
L. "Recognition of guma (blood money)
M. Up-to-date knowledge of the law
N. Responsibility for violation ethical
duties
O. Relationships and interactions between
men and women
P. Serving the public
Q. Hard laws
R. Internship
S. Soft laws
T. Unequal treatment of a person based
solely on that person's sex

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Part III. Short answer questions (15 points)

Give short answers to the following three questions. Your answer(s) to each question
should not exceed seven lines. Your answers to each question beyond these lines will
not be marked. Each question carries 5 points. Write legibly. You should allot .about
ten minutes to answer each question.

36. Explain the role of court decisions as a source of law in contemporary Ethiopia.

37. Enumerate requirements necessary to obtain federal courts advocacy license.

38. Indicate mechanisms of holding federal court judges accountable under the present
Ethiopian legal system.

Part IV. Essay-type questions (15 points)

Answer the following two questions each in not more than one page. Your answers to
each of these questions beyond one page will not be marked. Your answers are
expected to be analytic, critical and comprehensive. Write legibly. Each question
carries 7.5 points. Please allocate about 15 minutes for each question.

39. Compare and contrast legal norms and non-legal norms.

40. The Ethiopian Environmental Policy seeks, among others, to " ... err on side of caution
when a compromise between short-term economic growth and long-term environmental
protection is necessary ... " Identify and explain the characteristics of the principle behind
the above quotation.

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 Part V Case-type questions

' Answer the following three questions, each based on a hypothetical case. Your answer
should be based on reason and authority. Write a concise, complete, organized and
relevant answer. Your answer to each of these questions may not exceed one 'page and
shall not be corrected beyond that should you write more than one page. Allocate
about 70 minutes to answer the three questions.

Case I

F is a·country situated in the Hom of Africa. The country is heavily reliant on agriCUlture
which contributes to the lion's share of the country's economy. Thus, access to farmland
has been viewed as one of the most important issues in the country. Accordingly, land laws
have been passed to address land related issues. The country is a home of diverse ethnic and
cultural groups with varied interests. With a view to accommodating such interests, the
country has put in place a system of federal government in which federal and regional
governments possess respective legislative, executive and judicial powers as delineated in I

the country's constitution. The federal government and one of the regions, 'Region A', have
recently enacted their own respective land laws to regulate access to and control over
farmlands. However, these two laws contradict each other in a significant way. The federal
government has held the view that the land laws enacted by 'Region A' should be consistent
with federal land laws while 'Region A' maintains that it has every right to enact land law
. even when it contradicts with federal land laws.

41. Which position do you support assuming that F's constitution and land laws are
identical to the constitution and land laws of the Federal Government of Ethiopia?
Why? (1 0 pOints)

Case II

The Ethiopian Constitution forbids the sale of land under Article 40 of the FDRE
Constitution. Nonetheless, a good number of farmers who reside in the surroundings of
cities and towns throughout the country engage in the practice of transfer of their
landholdings to land speculators and genuine land seekers - those who lack other
alternatives to access land for housing. The farmers sell their land in an anticipation that
future expropriation of their land due to town expansions would result in small
compensation amount as compared to the sale value they are actually collecting via these
informal arrangements. Buyers are also entering into these informal land deals in the hope
that their landholdings would be regularized one day. Those involved also claim that these
informal contracts are binding and are often enforced by customary practices and informal -
institutions. But frequently, city administrations bulldoze informal settlements which spring
up as a result of these practices leading to evictlon of people who bought land and
constructed houses on it.

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 42. Identify and explain two contrasting legal theories each justifying the claims of the
people who have obtained land without the blessing of the government and that of the
government authorities. You . are also expected to indicate the way forward based on
these two theories. (15 points)

Case III

Nania is a 17 years old woman married to 37 years old man named Chacha. They have two
children. For the past four years, Nania has been subjected to regular domestic violence and
threats by Chacha. He possesses a firearm and has threatened to kill her and the children.
Some months ago, Chachu moved in with a new female partner and left the family home,
taking most of the furniture and household items with him. He also stopped paying child
support. Hoping to protect herself and the children, she has changed the lock on the door of
the family's house. However, when Nania refused to allow in, he forcibly entered the house
and had severely bitten her that led to her hospitalization. To escape his further assaults, she
would have loved to go to shelter with her child~en, but there is no shelter for victim of
violence in the area. Nania has reported to the local police twice concerning two incidents
of battery and assault causing her bodily harm. However, Chacha has ·not been detained ,t
any time in this connection and that no action has been taken by the local police office.

43. Dispose the case assuming that it is brought before a court in which you are a judge .
.(Consider both civil and criminal aspects of it). (10 points)

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