Professional Documents
Culture Documents
Mr NTUANNA Ernest
PAST QUESTIONS AND ANSWERS
LAW
&
English language
including
speculation
Questions in Law
hp
SPECIALITY: ACY-BF-IN-MK-ESS-PJ
PAPER: LAW
Coeff: 1
1. State five categories of workers in Cameroon who are not govern by the
Cameroon labour code (10marks)
2. Define the following legal terms as used in labour;
a) Worker (10marks)
b) Wage (salary) (10marks)
c) Contract of unspecified duration (08marks)
d) Apprenticeship contract (10marks)
e) Temporary job contractor (08 marks)
3. Name five types of contracts of employment under the Cameroon labour
code which the law requires it should be concluded in writing (15marks)
4. Name the three types of terminal benefits which a worker who is governed
by the Cameroon labour code is bound to forfeit if he happens to be dismissed
for gross misconduct. (11marks)
5. Fill in the blank spaces with the appropriate figures, words or phrases
;(18marks)
a) and are two instances where night work
may be allowed for women.
b) Annual leave accrues at the rate of days for young
persons and children under 18years of age for each month of effective service in
an enterprise.
c) A worker who has put in one year of continuous service in the private
sector is entitled to an annual leave of at least days.
d) In Cameroon a child may not be gainfully employed in an enterprise before
the age of years.
e) The probationary Hiring period for a category of seven workers in
Cameroon is
ANSWERS 2013
PAPER: LAW
1. a) civil servants (Public services)
b) Judiciary and legal service
c) National security (police and Gendarmes)
d) Servicemen (military)
e) Prison Administration
2. a) Worker : Any person irrespective of sex or nationality who undertakes to
place his/her services in return for remuneration under the direction and control
of another person whether an individual or a public/private corporation consider
as an employer.
b) Wage/Salary: Remunerations or earnings payable by virtue of contract of
employment by an employer to a worker for work done/to be done or for
services rendered or to be rendered.
c) Contract of unspecified duration: A contract whose termination is not
fixed in advance and may be terminated at any time by the will of either party
provided prior notice is given by the party taking the initiative.
d) Contract of apprenticeship: A contract where by the head of an
establishment (industrial, commercial, agricultural) or a craftsman undertakes to
give or cause to be given to another person, complete and systematic training
and the later undertakes in return to obey the instructions which he/she receives
and to perform the task assigned to him/her for the purpose of apprenticeship.
e) Temporary job contractor: Any individual or corporate body whose
sole activity consists in temporarily providing users with workers whom they
recruit and pay-carry out man power placements.
3. Unspecified duration, Specified duration, Apprenticeship, Contracts between
a temporary job contractor and a worker (sub-contracting) and contract for
expatriates.
4. Payment in lieu of notice
Severance pay/ Termination allowance
5. a) women with exclusive duties and services not involving manual labour
b) 2 ½ days
c) 18 days
d) 14 years
e) 3 months
SPECIALITY: ACY-BF-IN-MK-ESS-PJ
PAPER: LAW
Coeff: 1
SECTION A
1) Imagine that you are the manager of BICEC Bank plc, Buea branch and your
bank is about taking a piece of land from one of its customers,Mr Happiness as
security for the land the customer is requesting. As a banker, your duty to Mr.
Happiness also includes advising him on how to use any loan he takes.
a) What do you understand by “Security” as used above?
b) What steps will you as the manager of the bank take to ascertain the
suitability of this security?
2) a) What do you understand by negotiable instruments? Explain this using
specific examples.
b) State the features of negotiable instrument.
3) a) What do you understand by banker commercial credit?
b) Distinguish between the following:
-Revocable and irrevocable letter of credit
-Confirmed and unconfirmed letter of credit
4) The banks duty of confidentially to its customer is not absolute for the
bank is sometimes justified for violating this important duty. Discuss.
5) a) What is a cheque?
b) Carefully consider the responsibilities of parties to cheque.
SECTION B
1) Briefly trace the evolution of insurance law and practice in Cameroon.
2) No insurable interest, no contract of insurance. Discuss
3) Briefly trace the principle of utmost good faith in insurance law.
4) Discuss the legal principle of indemnity.
5) What is defamation?
6) Briefly distinguish between the following using examples and cases
-Libel and slander
- Assault and battery
- False imprisonment and trespass to goods.
SECTION C
1) Distinguish between a private limited company and a sleeping partnership.
2) Companies are required under the uniform act on commercial companies to
undergo a registration process.
a) Name the two principal documents which the founders of the company
should prepare.
b) Where is the registration undertaken?
3) Difference between “Patent result” and “copy rights”
4) Explain the following;
- Mens rea
-Misdemeanor
-Battery in law of torts
-Passing off
-Bicameralism
-Ubi jus, ubi remeduim
5) What is an exequatur?
6) What is a writ of sequestration?
7) Identify five courts in Cameroon.
8) a)Who is a worker in labour law?
b) What is dismissal and under what circumstances can it be pronounced in
labour law?
9) What is a labour appeal?
10) Briefly identify three purposes why taxes are imposed in Cameroon.
11) What are tax opposition?
ANSWERS 2012
PAPER: LAW
SECTION A
1) a) Security also known as “collaterals” are properties or assets (whether fixed
or not or movable or immovable) used by an individual or an institution usually
on the demand of the bank to obtain a bank loan.
b) Elements that determine the acceptability of a fixed asset as bank security
includes;
i-The title of the property: For an asset to be acceptable by the bank as
security to obtain a bank loan, the bank has to investigate on the title of the
property. This is to ensure that the asset intended to be used as collateral is
legally owned by the debtor.
Ii-Location: The location of the property plays a great role in determining
the accessibility the security. If the asset is accessible, the chances to be
accepted as collateral are greather as accessibility also determines the value.
Iii-State of the property: The bank has to investigate whether the property
is not on mortgage to another person or institution.
Iv-Value: The bank will always want to consider the market value
(monetary) of the particular property to determine whether it’s acceptable or not
as collateral.
v-The marketability: Most often than not, the bank will be reluctant to
accept assets that are not easy to market as security for the granting of loans.
SECTION B
1) Evolution of insurance law and practice in Cameroon
Every activity in life involves risks. A producer will be afraid to produce
because he is scared that the goods may be destroyed or the industry destroyed
either by the risk of fire, flood, storm etc. The same fate is contemplated upon
by a businessman. It is for these reasons that insurance companies have been
created, with the objective to give financial security and protection to the
insured for any future uncertainties.
In financial sense, insurance is defined as “ a social device in which a group of
individuals(insured) transfer risk to another party(insurer), in order to combine
loss experienced which permits statistical prediction of losses and provides for
payment of losses from funds contributed(premium) by all members who
transferred risk”.
In legal sense, insurance is a contract by which one party (insurer) in
consideration of price paid to him proportionate to risk (premium), provide
security to the other party (insured) that he shall not suffer loss, damage or
prejudice by the happening of a certain specified event”.
In Cameroon, insurance started long ago was exercised in the form of Njangi or
Tontine houses. These houses provided financial assistance to members who
suffer from catastrophic events or damage to their person and property. During
this period, insurance was loosely organized. Today, insurance activities in
Cameroon are regulated by the Conference Inter Africaine des Marchés
d’Assurance(CIMA), translated in English as Inter African Conference on
Insurance Markets, established by the Treaty signed in Yaoundé, on July 10
1992. Signatories to this treaty include: Benin, Burkina Faso, Cameroon, Central
African Republic, Comoros, Congo, Ivory Coast, Gabon, Equatorial Guinea,
Guinea Bissau, Mali, Niger, Senegal, Chad, and Togo. Cameroon equally
practice different types of insurance ranging from health and life insurance,
property insurance, automobile insurance, marine insurance, liability insurance,
pension and social insurance to name the few.
2. Principle of insurance interest
This principle states that the person getting insured must have insurable interest
in the object of insurance. A person has an insurable interest when the physical
existence of the insured object gives him some gain, but its non-existence will
give him a loss. In simple words, the insured person must suffer some financial
loss by the damage of the insured object. In the absence of this there is no
insurance. For example, the owner of the taxi has insurable interest in the taxi
because he is getting income from it. But, if he sells it, he will not have an
insurable interest left in the taxi. A man cannot insure his neighbor’s house
against fire destroying it rather a man may insure his wife’s life against damage.
From the above examples, we can say that ownership plays a very important role
in evaluating insurable interest. Every person has an insurable interest in his
own life. A merchant has insurable interest in his business of trading.Similarily,
a creditor has insurable interest in his debtor’s life.
3. The principle of utmost good faith
This principle also known as principle of Uberimae fidei is a very basic and
primary principle of insurance. According to this principle, the insurance
contract must be signed by both parties (insurer and insured) in an absolute good
faith or belief or trust. The person getting insured must willingly disclose and
surrender to the insurer, his complete true information regarding the subject
matter of insurance. The insurer’s liability gets void ( i.e. legally revoked or
cancelled) if any facts about the subject matter of insurance are either
omitted,hidden,falsified or presented in a misrepresented manner by the insured.
The insurer on his part, must provide the insured complete, correct and clear
information regarding terms and conditions of the contract. This principle is
applicable to all contracts of insurance, i.e. life, fire, marine etc.
4. Indemnity: Indemnity means a guarantee or assurance to put the insured in
the same position in which he was immediately prior to the happening of the
uncertain event. The insurer undertakes to make good the loss. According to the
principle of indemnity, an insurance contract is signed only for getting
protection against unpredicted financial losses arising due to future
uncertainties. In an insurance contract, the amount of compensation paid is in
proportion to the incurred losses. The compensation must not be less or more
than the actual damage. Compensation is not paid if the specific loss does not
happen due to a particular reason during a specific time period. Thus insurance
is only for giving protection against losses and not for making profit. However,
in case of life insurance, the principle does not apply because the value of
human life cannot be measured in terms of money.
5 .a) Defamation is a false statement whether written or oral that tarnishes the
reputation of someone. It has two varieties; slander and libel.
b) i) Slander and libel: Slander is spoken defamation and libel is printed or
broadcast defamation. The two share the same features: making a factual
assertion for which evidence does not exist.
ii) Assault and battery: Assault is the intentional causing of an apprehension
of harmful or offensive contract. In other words, the defendant has committed
the tort of assault if he has intentionally caused the plaintiff to think that she will
be subjected to harmful or offensive contract; thus the tort can exist even if the
contract itself never occurs. On the other hand, battery is the intentional
infliction of a harmful or offensive bodily contact. Example: if A intentionally
punches B in the nose. A has committed a battery.
iii) False imprisonment and trespass to goods: The tort of “false
imprisonment” is defined as the intentional infliction of a confinement. It is
unclear whether the plaintiff must be aware of the confinement. Since false
imprisonment is an intentional tort, the plaintiff must show that the defendant
intended to confine him. Trespass to goods is defined as the unlawful intentional
entry or possession by an individual on to goods of another without permission.
SECTION C
1) Art 309 defines a private limited company as a company in which the partners
are liable for the company’s debts up to the limit of their contributions and their
rights are represented by their company’s shares while sleeping partnership or
limited partnership according to art 293, is a partnership in which one or more
partners with unlimited liability for the company’s debts referred to as “Active
Partner” coexist with one other partner or more partners liable for the company’s
debts up to the limit of their shares, referred to as “sleeping, Dormant, or
Limited partners”.
2) a) The two principal documents which the founders of the company should
prepare are the Articles of association and the Memorandum of association.
b) Registration is done at the registry of the competent jurisdiction of the
place where the head office of the company is situated. In Cameroon, the
competent jurisdiction is the court of first instance of the place where the
company’s head office is located.
3) A patent is a title granted for the protection of an invention. Simply put “a
patent is a right granted by the state to an inventor to exclude others from
commercially exploiting the invention for a limited period, in the benefit of the
invention. Copyright can be defined as “the protection granted to the author of
any literary and artistic work. The result of a patent is that protection last for
20years while for copyright it is the life time of the author plus 20years after his
death.
4) i) Mens sit rea : That is the act does not make a man guilty unless his mind is
equally guilty. This is usually referred to as the mens rea doctrine. The mens rea
is the mental element that accompanies an act to make it punishable in law.
Mens rea in the PC is provided by section 74.
ii) According to section 21(i)(b) a misdemeanor is an offence punished with loss
of liberty for more than 10 days but not more than 10years and with a fine of
more than 25000FCFA. From the above definition, it follows that misdemeanors
are tried by the court of first instance. Examples are; simple theft, assault,
criminal trespass.
iii) Battery: see definition above.
iv) Passing off is a situation whereby a producer commercializes his goods using
another’s mark, deceiving the public to believe the goods are produced by the
owner of the mark?
v) Bicameralism is a system whereby the legislature is made up of two houses;
the upper house and the lower house. In Cameroon, we have the national
assembly and the senate.
vi) Ubi jus, ubi remeduim: Meaning where there is a right there is remedy.
5) Exequatur: This is the court order enforcing an arbitration award.
6) This is a mode of execution which is available when a person against whom it
is issued is in contempt for disobedience of the court. Before it is issued, the
court judgement or order must have been served upon the person against whom
it is issued, or he must have had knowledge of it and intentionally evaded
service.
7) -The court of first instance
- High court
-Court of Appeal
-Supreme Court
-Military Court
-Special criminal court
8) a) The 1992 labour code in its article 1(2) defines a worker as anyone
irrespective of sex and nationality who has undertaken to place or put his
services in return for remuneration under the direction and control of a natural
person or moral person/corporate entity.
b) It is a type of sanction meted by an employer on a faulty employee which
has as consequence the repudiation of the labour relationship between them. It
can be pronounced under the following circumstances; Misconduct (Misconduct
in this case must be so serious that it will entitle the employer to dismiss the
worker without prior notice e.g. insubordination, gross negligence at work, late
coming and non-respect of closing hours), economic motive.
9) A labour appeal is made to the court by a party who is unsatisfied with the
settlement of the labour inspector in a labour dispute.
10) Some purposes for imposition of taxes
- Protect infant industries from foreign competition
- Stabilize economic growth through taxation policies
- Orientate, regulate and promote certain economic activities
- Encourage investment by offering tax reliefs
- Redistribute incomes in favour of the poor etc.
11) Tax oppositions
This is a refusal to pay tax because of opposition to the government that
is imposing the tax or to government policy or as opposition to the concept of
taxation itself.
Setting A
Specialty: ACY-BK-IN-MK-ESS-PJ
Paper: Law June 2019/ 2020 session
SPECIALITY: ACY-BF-IN-MK-ESS-PJ
PAPER: ENGLISH
Coeff: 2
The cyberspace also shares files and data between computers on the network. It
rapidly organizes information. The internet gives you access to information and
any subject imaginable. You can review newspapers, magazines, academic
papers, government documents, television show, transcripts, music, job listings,
receipes, famous speeches, airline schedules and much more. It publishes
information that is available anytime and anywhere. Most people do shopping
nearly instantaneously using the internet. You can buy items such as books,
computer programmes, flowers, music CDs, and cars by ordering through the
online shopping programme.
Do you know that you can get a primary school, secondary school, high school
and university certificate or degree without ever setting foot on campus? This
may sound very strange but studying online makes it possible. Online learning,
also known as web based training (WBI) makes it possible to deliver lessons to
your personal computer via the WWW. You can learn at home or at the office,
because you only need a computer and internet access. Tests can learn be graded
and returned to you within seconds. It also enables you to interact with other
students and teachers.
Most of the information in the network is free. In fact, the internet is like an
electronic city with virtual shops, schools, offices, art galleries and you name the
rest. Some challenges of the Net include insufficient security. Many companies
are worried about security issues and possibilities of losing money through
internet commerce. They are therefore cautious about doing business on the net.
Another important question facing internet growth is the issue of censorship.
There are many sales on the web describing everything from causing mischief at
school to making explosive. Most adult oriented sites require verification that
users are adults. Children should be carefully monitored when they visit the
website.
SECTION A: READING COMPREHENSION
Read the passage again and answer the following questions
1) For how long has the Internet existed?
2) Which function of the net is widely used?
3) What advantages does the email have over means of communication?
4) How can enterprises benefit from the information superhighway?
5) Say why parents will not freely allowed
6) State how you can get a certificate or degree using the internet.
7) Are business people very confident with the net? Give a reason for your
answer.
SECTION B: VOCABULARY
A. Complete the blanks with the correct form of the words _n capitals at the end
of each line (5minutes)
Recently, I decided to take up 1)…………as a hobby. PHOTOGRAPH I like
taking snaps but am not very 2)………….. Skill. My snaps are either a complete
3)…………… for technical reasons or are not just very 4)………….. FAIL,
IMAGINE. First I decided that to be…………. SUCCESS, I would have to buy
new equipment. Just then, I had an 6)………….. Expect piece of good luck. A
friend who work in a shop camera said she could sell me a 7)…………. Camera
value. A customer had left it at the shop to be repaired, but had been a
8)…………… understand, and it was actually for sale. I thought this was rather
an 9)………….belief explanation and so I asked her some more questions. She
said, she had had a 10)……………agree with the customer and he had thrown
the customer and he had thrown the camera at her because she disliked her
photos.
SECTION C: TRANSLATION
1. The duty of the minister of Finance
It therefore appears evident to me that the duty of the Minister of Finance is to
collaborate and work together towards the putting in place of a coherent
financing programme and a specific and targeted invention programme, defined
in close consultation with the Minister of Agriculture and Rural Development
and Livestock, Fisheries and animal industries as well as other government
department that contribute to the cause.
SECTION D: GRAMMER
Complete each sentence with one suitable word/ phrase from the box (5marks)
The least bit, waited and waited, by no means, what we did, not at all, as it may
seem, none at all, do think, time to time again, can’t have been.
1) I know you’re busy, but I…………….. you could have help me with the
decorating.
2) Its……………. Certain that the president will be reelected.
3) You may have lot of restaurants where you live but there are………… in part
of the town.
4) I told you…………….. about the leading pipe, but you wouldn’t listen.
5) You don’t seem………… interested in my problem.
6) Strange…………… the bus is actually faster than the train.
7) In the end…………….was to call a plumber.
8) We……………….all day. Bur Chris never turn up.
9) ELIZA was……………….. bothered by our training up so late.
10) It………………….Paul that you saw; he is in Germany at the moment.
ANSWERS 2014
SECTION A: READING COMPREHENSION
1) Above 50years
2) Email
3) Email is fast, easy inexpensive and saves paper.
4) Shopping is done through the internet; items can be ordered through the
online shopping programme
5) Most adult owned sites requires verification that uses are adult.
SECTION B: VOCABLARY
1) Photography 5) successful 9) unbelievable
2) Skillful 6) unexpected 10) disagreement
3) Failure 7) valuable
4) Imaginative 8) misunderstanding
SECTION C: TRANSLATION
Le devoir du Ministre de Finances
Il me semble donc évident que le devoir du Ministre des Finances est de
collaborer et de mettre sur pied un programme financier cohérent et d’un
programme d’intervention spécifique et strategic defini aussi bien en étroite
collaboration avec le Ministre de l’Agriculture et du Développement Rural, des
Pêchés et des Industries Animales que les autres départements gouvernementaux
qui contribuent à cette cause.
SECTION D: GRAMMER
1) Do think 6) as it may seem
2) by no means 7) what we did
3) None at all 8) waited and waited
4) Time to time 9) not at all
5) The least bit 10) can’t have been
Specialty: ACY-BK-IN-MK-ESS-PJ
Paper: ENGLISH LANGUAGE June 2019/ 2020 session
SECTION B: GRAMMER
1) Provide an appropriate tag for the following statements, and then give the
answer.
a) You haven’t eaten that food
b) They can go, can’t they?
c) Lukong likes football
d) That man is a nurse
e) We will travel by air
2) Rewrite the following sentences in the passive form
a) Someone threw a book at me
b) I got down most of what he said in his lectures
c) They saw him climbing over the fence
d) Mrs. Gillttet cooks our meals
ANSWERS
1) a & b
2) c
3) b
4) b
5) d
GOOD LUCK