Business Law

Question 1

Define law

Answer 1

A set of rules and regulations that have been established to govern individuals and organizations within a country

Question 2

Define morality in law

Answer 2

A set of principles and standards of conduct that are derived from a sense of what is objectively right and wrong

Question 3

Characteristics of law

Answer 3

Fixed
Recognises a legal issue/problem
Enforced by the government
Sources of law are known
Consistency in the application
Stability and predictability

Question 4

Characteristics of morality

Answer 4

Flexible
Defines good and wrong
The society observes and enforces it
Has a strong religious/traditional background
Influences the law
Involves reasoning and consideration
Evolving

Question 5

Define public law

Answer 5

Described as the branch of law which regulates relationships between citizens and the state and regulates operations of the various organs of the state

Question 6

Public law embraces

Answer 6

Constitutional law
Administrative law
Criminal law

Question 7

Private law

Answer 7

Is the branch of law that embraces the law of contract law of torts law of succession law of agency law of insurance

Question 8

Substantive law

Answer 8

Are legal rules which define or specify what is lawful or unlawful to do

Question 9

Example of substantive law

Answer 9

In marriage only a man or woman can get married and should not be related and should be of age

Question 10

Procedural law

Answer 10

Is the body of rules which define the steps to be taken or the procedure to be followed by people who intend to do lawful acts

Question 11

When substantive law changes which law changes with it

Answer 11

Procedural law

Question 12

International law

Answer 12

A set of rules and principles that govern the relationship between nations

Question 13

International law is a branch of public law and has two branches which are

Answer 13

Public and private

Question 14

Define public international law

Answer 14

Regulates relationships between various nations

Question 15

Define private international law

Answer 15

Determines the national law that is to be applied by courts in a case involving two different nationalities

Question 16

What’s the other name of Private international law

Answer 16

Law of conflict

Question 17

What does private international law deal with

Answer 17

Jurisdictional issues of contracts and enforcement

Question 18

Source of law

Answer 18

The constitution of Kenya 2010
Statutes/Act of Parliament
Subsidiary legislation
Case law/decided cases
International law
Equity
Common law
African customary/hindu/islamic law

Question 19

Define statutes

Answer 19

Formal written enactments of legislative body typically commanding/prohibiting something or declaring a policy

Question 20

Constitution

Answer 20

Is the fundamental rule book for a state laying out the essential principles by which state is governed

Question 21

Key factors of the constitution of Kenya

Answer 21

Had 18 chapters and provides for
citizenship
National language days symbols
Rights and freedoms
Creates the arms of government and constitutional offices and bodies

Question 22

What are some of the statutes/acts of parliament

Answer 22

Substantive statutes :
The contract act
The companies act
The hire purchase act
The insurance act
The marriage act
The sale of goods act

Procedural statutes
The civil procedure code
The criminal procedure code

Question 23

Judiciary

Answer 23

Refers to the system of courts and judges that interpret and applies the law in a country

Question 24

When parliament makes the laws what does judiciary do

Answer 24

They play a critical role in interpreting the law and determine if it’s consistent with the Constitution of Kenya