LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.

Section I: Choose the best answer for every question from

the choices
provided. (25%) (One Point Each)
1. Assume an agency wants to design and implement a development
project in a society.
Which of the following principles is most useful to the success of its
project?
A. Principle of due process of law.
B. Principle of participation.
C. Principle of rule of law.
D. Principle of accountability.
E. Principle of the exhaustion of remedies
2. What is the fundamental difference between the effects of
adjudication and rulemaking?
A. Adjudication is retrospective but rulemaking is prospective.
B. Adjudication applies to specific parties and facts but rulemaking
applies to all persons
in a group of society equally.
C. Adjudication is prospective but rulemaking is retrospective
D. A and B
E. B and C
3. Identify the sentence that is correct about administrative liability in
Ethiopia?
A. Extra-contractual liability of the administration is governed by the
ordinary law of the
country.
B. In addition to the special provisions of administrative contracts, the
ordinary principles
of the law of contracts in general are also applicable to administrative
contracts.
C. Extra-contractual liability of the administration is limited to fault
based liabilities.
D. A and B.
E. B and C
4. Which of the following mechanisms of control can best ensure the
protection of individuals’
rights?
A. Legislative control.
B. Executive control.
C. Judicial control.
D. Control by the people.
E. A and D.

5. In Ethiopia, one of the following bodies can be regarded as an

administrative agency.
A. Commercial Bank of Ethiopia.
B. Ethiopian Airlines Corporation.
C. Ethiopian Electric Light and Power Corporation.
D. Ethiopian Telecommunication Corporation.
E. FDRE Environmental Protection Authority

Page 2 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

6. The power that enables an agency to collect relevant information for

decision-making is
known as:
A. Organizing power.
B. Investigating power.
C. Standardizing power.
D. Directing power.
E. Licensing power.

7. Which one of the following is a major milestone in the development

of modern international
law?
A. The Rise of the Nation State.
B. The Decline of the Church.
C. The Conclusion of the Peace of Westphalia in 1648.
D. The increased contacts and the ensuing higher degree of
interaction between
territorially consolidated units.
E. All of the above.

8. Which one of the following is not true about the ICJ?

A. Its judgments are binding.
B. Its judgments are final and without appeal.
C. The effect of its judgment is confined to the parties to a dispute.
D. It is entitled to issue advisory opinions.
E. None.

9. One of the following assertions is correct about the constitutive

theory of recognition.

A. Recognition is merely an acceptance of already existing situation.

B. New states are created by virtue of the will and consent of already
existing states.
C. A new state obtains international personality by virtue factual
situation not by virtue of
the will and consent of others.
D. A state is created by its own efforts.
E. Recognition is not an essential element of statehood.

10. The distinction between a presidential system and a parliamentary

system lies in:

A. how the relation between the executive and the legislature is

organized.
B. how the relation between the executive and the judiciary is
organized.
C. how the relation between the legislature and the judiciary is
organized.
D. All.
E. None.
Page 3 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

11. A nation, nationality and people under the FDRE Constitution is a

group of people:

A. who have common language, culture and similar psychological

make-up.
B. who have similar descent and who are economically developed.
C. who have a belief in a related or common identity and inhabit an
identifiable,
contiguous territory.
D. All except C
E. All except B

12. The members of the House of Peoples’ Representatives are

accountable to:

A. their conscience, people, and their party.

B. the people of Ethiopia.
C. their party, the Constitution, their conscience.
D. the Constitution alone.
E. All

13. In Ethiopia, the determination of the degree of individual guilt

requires the consideration of
all but one of the following factors.

A. The age of the criminal.

B. The level of education of the criminal.
C. The nationality of the criminal.
D. The gravity of the crime committed.
E. None.

14. Under the FDRE Criminal Code, robbery is different from theft in
that:

A. it involves abstracting other’s property.

B. it could be committed with the intent to get unlawful enrichment.
C. it could be committed to enable a third party to obtain unlawful
enrichment.
D. it involves violence or intimidation.
E. All.

15. Which one of the following penalties does not apply to petty
offences?

A. Arrest.
B. Imprisonment.
C. Fine.
D. A and B.
E. B and C.

Page 4 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

16. One of the following international instruments was an express

demonstration of a general
consensus by states on the indivisibility, inter-dependence, and
universal nature of human
rights.

A. The Vienna Convention on the Law of Treaties.

B. The Universal Declaration of Human Rights.
C. The Vienna Declaration and Programme of Action.
D. The International Covenant on Economic, Social and Cultural
Rights.
E. The Millennium Declaration.

17. Which one of the following can be considered as an exception to

the principle of progressive
realization provided under Article 2 of the ICESCR?

A. The prohibition of non-discrimination in the provision of socio-

economic rights.
B. The Minimum Core obligations.
C. The obligation to refrain from deliberate retrogressive measures.
D. The obligation to provide.
E. All except D

18. One of the following rights could be regarded as a third generation

human right.

A. The right to education.

B. Freedom of expression.
C. The right to clean environment.
D. Freedom from torture.
E. None.
19. One of the following is not the feature of a federal political system.

A. Division of power by a constitution

B. Establishment of two tiers of government
C. Provision for the designated representation of distinct interests
usually through the
second chamber.
D. A written supreme constitution that can only be amended by the
consent of a significant
proportion of the constituent units.
E. None.

20. Which one of the following is true about the House of the
Federation in Ethiopia:

A. It represents the regional states at the federal level.

B. It represents the nations, nationalities, and peoples of Ethiopia.
C. It ensures equal representation.
D. Its maximum seat is fixed in the constitution.
E. All.

Page 5 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

21. Identify an item that is different from the list provided below.

A. Switzerland.
B. Ethiopia.
C. India.
D. United States of America.
E. Canada.

22. Annual leave under the labour law differs from the civil service
system because:

A. it is a paid leave under the former while it is an unpaid leave under

the latter.
B. it is longer in duration under the labour law than it is under the civil
service law.
C. it is open for negotiation under the labour law while it is not under
the civil service
law.
D. it was introduced during the military regime under the labour law
whereas its
introduction in the civil service system dates back to the time of
Emperor Haile
Sillassie I.
E. None.

23. According to the Labour Proclamation 377/2003, a certificate of

service to be issued to a
worker need not include:

A. the length of service of an employee.

B. the amount of wage an employee was earning.
C. the reason for the termination of employment contract.
D. the job position an employee occupied.
E. A and B.

24. Which of the following is true about unionization under the labour
law?

A. Union members shall determine the minimum number of

membership.
B. Management staff is excluded from membership in trade unions.
C. Plurality of unions is a possibility.
D. B and C.
E. A and C.

25. One of the following statements is correct about value added tax
(VAT).

A. VAT creates cascading effect of a tax.

B. VAT is less comprehensive and less equitable tax system.
C. VAT increases the possibility of tax evasion.
D. VAT has more tax burden.
E. VAT promotes capital investment and saving.

Page 6 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

Section II: Matching-10% (1 point Each)

AB
1. Delegated legislation A. jus cogens.
2. Ultravires B. Excusable Act.
3. Peremptory Norm C. Immunity from criminal responsibility.
4. Global income tax system D. Foreign tax crediting.
5. Universal Declaration of Human Rights E. No discretionary exercise
of power.
6. Unitary state F. Persistent Objector
7. Reinstatement G. First comprehensive human rights instruments
8. Double taxation H. Loss carry forward.
9. Rule of law I. Determination of local government’s
10. Infancy powers by the central government.
J. Remedy for discriminatory dismissal.
K. Exercising power beyond legal limit.
L. Aggregation of income received from all
sources in all jurisdictions .
M. Progressive realization of rights.
N. Directives.

Section III: Provide brief answers to the following questions!

(15%)
1. What is tax burden? 6%

2. Mention at least three functions that a constitution can serve. 9%

Section IV: Write short essays for the following questions!
(20%)
1. Discuss at least four features of the FDRE Constitution which reveal
its parliamentary form
of government. 10%

2. Discuss at least four advantages of customary international law

over a treaty law. 10%

Page 7 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

Section V: Hypothetical case question (30%)

Case One (20%)
Yonas is a well-known businessman residing in Jimma. He frequently
travels to Addis and
Hawassa due to the nature of his business. This enabled him to install
concubines both in Addis
and in Hawassa. Hence, he spends his time with Aida when he is in
Addis and with Helen when
he is in Hawassa. His wife does not know about these facts. However,
Aida knew that Yonas was
a married man. However, it was only recently that she came to know
about his affairs with Helen
in Hawassa. She was angered by this fact and started looking for
Helen’s address. Thanks to
technology, Aida got Helen’s address, including phone number, from
the facebook. About two
weeks ago, she called and told Helen that Yonas is her husband and
warned her to quit her affairs
with him. Surprising, Helen also told her that Yonas is her Husband,
too, and asked Aida to stop
her affairs with him. The phone conversation ended with terrible
conclusion where Aida warned
Helen to face serious consequences if she chose to continue the
affairs and refused to do what
she was told to do. Helen paid deaf ears to the warning and in fact
continued her affairs with
him. This led Aida to go to Hawassa and look for Helen. After two
days, she discovered the
residence of Helen. The next day, Aida went to Helen’s house and
started waiting for her to
come out. When the unsuspecting Helen emerged from her house,
Aida started moving towards
her. Helen recognized that it was Aida because she saw her picture
before and Aida was her
eighth grade classmate. As she was moving towards Helen, Aida was
calling her, “you stupid
prostitute! You refused to heed my warnings and I am here to kill you
now! Call that stupid man
to save you!” Helen could get back and close her door but she found
that ignominious as many
people were standing around and watching the drama. So, she stood
her ground and waited for
the angry Aida to come closer. As she was approaching, Aida was
putting her hand into her
purse which led Helen to believe that she was taking out a gun. Then,
Helen did not want to
waste any more time; she quickly took out her gun and shot Aida on
her lower left leg. After
receiving the shot, the bold Aida fell on the ground and started crying
like a baby and calling for
help. In matters of five minutes, three police officers arrived at the
scene and arrested Helen.
Aida was then taken to a nearby hospital where she is now receiving a
medical treatment.

a. If Helen is charged with causing intentional bodily injury to Aida,

what possible defence
could she raise? 10%

b. If you were the public prosecutor handling the case, what possible
argument could you
present against Helen’s possible defence? 10%

Page 8 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

Case Two (10%)

Berta Enterprise is a company that has about 150 employees. It
produces and sells leather
products. Lemlem, an accountant, has been working for the Enterprise
for the last seven years. As
part of her regular duties, she deals with some of the routine book-
keeping works and
periodically prepares financial statements of the Enterprise. She likes
her job very much and as a
result she has never used even a single day from her annual leave so
far. As far as her
remuneration is concerned, she has been earning a monthly salary of
Birr 2,700 since the first
day of her employment. Recently, with a view to attaining
competitiveness in the leather
industry, the Enterprise introduced a new computer system with
sophisticated accounting
software. Accordingly, the management of the Enterprise is of the
view that the service of
Lemlem is no longer needed. Consequently, she was told by the
management that her
engagement with the Enterprise will be put to an end and she has
been given a proper notice to
that effect. Assuming that the termination is lawful, what possible
entitlements will Lemlem be
entitled to under the law.
Page 9 | LL.B Exit Exam Part II, NEAEA 2012 (2004 E.C.)

Answer Sheet Cover Page

Part II, LL.B Exit Exam
The data on this page is accessible only to
NEAEA

DIRECTIONS:
Please read the following directions carefully before starting
to work on the
examination.
1. Write your first name, father’s name (patronymic) and
grandfather’s name
(surname) in BLOCK letters in the spaces provided below.
2. Write the Name of your University and your Registration
Number on the
spaces provided below in BLOCK letters.
3. Do not write your Name, Registration number or any
other information
regarding yourself inside the answer sheet.
4. Code Number is for use by the National Agency for
Examinations
(NEAEA). Therefore nothing should be written on it.

LL.B EXIT EXAM PART II, NEAEA 2012 (2004 E.C.)

PUBLIC LAWS

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Registration Number
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University
________________________________________________________
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