Law 102 Quiz 1 PDF

A Precedent means the court\'s decision for the previous case is applied to determine the decision for the later case if (\...) A\) it is found similarities between them. B\) it is found differences between them. C\) the law is unavailable. D\) the court\'s rules are not good enough. ANSWER: A...

A Precedent means the court\'s decision for the previous case is applied to determine the decision for the later case if (\...) A\) it is found similarities between them. B\) it is found differences between them. C\) the law is unavailable. D\) the court\'s rules are not good enough. ANSWER: A According to the code of Civil Procedure 2015 of Vietnam, who shall be competent to appeal according to reopening procedures against the legally effective judgments/ decisions? A\) The Chief Justice of the Supreme People\'s Court and the Chairperson of the Supreme People's Procuracy. B\) The Chief Justices of the Collegial People\'s Courts and the chairpersons. C\) The Chief Justice of the Supreme People\'s Court and the Chairperson of the Supreme People's Procuracy and The Chief Justices of the Collegial People\'s Courts and the chairpersons D\) The Chief Justice of People's Courts of provinces. ANSWER: C An appeal to a higher court from a trial court: A\) Can only be made by a defendant. B\) Requires a new trial. C\) Requires a complete transcript of the trial. D\) Requires no preconditions by the appellant. ANSWER: C To try a case a court must have jurisdiction: A\) Only over the subject matter of the case. B\) Only over the persons involved in the case. C\) Over both the subject matter of the case and the persons involved. D\) Courts do not always have to have jurisdiction. ANSWER: C Common Law is English customs recognized by (\...) as binding. A\) Government B\) National Assembly C\) Courts D\) Prosecution ANSWER: C (\...) is the most important source of law in both Vietnam and America. A\) Constitution B\) Statue Rules C\) Judicial decisions D\) Administrative orders ANSWER: A In Vietnam, the Constitution is enacted by (\...). A\) The Government B\) The Supreme People\'s Court C\) The National Assembly D\) The People ANSWER: C According to Vietnamese law, the hierarchy of applying legal documents sets out in (\...). A\) The Commercial Law 2005 B\) The Law on promulgation of legislative documents 2015 C\) The Civil Code 2015 D\) The Enterprise Law 2015 ANSWER: B In Vietnam, a court grants a decision based on (\...). A\) Its higher court\'s decision for the previous similar case B\) The supreme court\'s decision for the previous similar case C\) Its own decision for the previous similar case D\) Statutes ANSWER: D The basic relationship between the government and citizens is defined by (\...). A\) Judicial decisions B\) Constitutions C\) Administrative agency orders D\) Ordinances ANSWER: B The current Constitution of Vietnam is issued in: A\) 1980 B\) 1992 C\) 2001 D\) 2013 ANSWER: D The duty of proving the amount of damage in a tort lawsuit belongs to (\...). A\) Defendant B\) Court C\) All D\) Plaintiff ANSWER: D The legal system we have in America: A\) is an equal mixture of laws from all the colonies of America. B\) is based heavily on the English legal system of common law and equity. C\) is unlike any other legal system. D\) was an entirely new invention of the colonists before the Revolutionary War. ANSWER: B The law set the rules of conduct for many transactions so that we will know how to (\...) disputes. A\) Avoid B\) Terminate C\) Carry D\) Take ANSWER: A In the field of business law, (\...) is the most important statute. A\) The Uniform Commercial Code (UCC) B\) CISG C\) Incoterms 2010 D\) Trade practice ANSWER: A What is an appellate trial? A\) The re-trial by the appellate Court of a case with the first-instance court\'s judgment or decision has not yet taken legal effect and is being appealed against. B\) The second trial of a case C\) The re-trial of a case as a party requests D\) The re-trial of the decision that has taken legal effect. ANSWER: A Which individuals and organizations are entitled to institute civil lawsuits? A\) Citizens, legal entities. B\) Citizens, legal entities, and Courts. C\) Citizens, procuracies, People's Procuracies. D\) Economic organizations and public security offices. ANSWER: A Which of the following is not one of the three essential elements of an action in negligence? A\) The plaintiff has suffered a reasonably foreseeable loss that was caused by the defendant's breach of duty. B\) The plaintiff has failed to do what a reasonable person would have done in the same circumstances. C\) The defendant owes the plaintiff a duty of care. D\) The defendant has breached their duty of care. ANSWER: B Which of the following is the best description of 'Assault'? A\) An intentional or negligent act that brings about an immediate or direct harmful or offensive contact to another. B\) An intentional, direct, and total restraint upon another person\'s liberty. C\) A statement that is made to another person in a manner that was intended to cause physical injury and that does cause reasonably foreseeable physical harm to them. D\) An intentional act that causes another to reasonably believe that they are in imminent danger of harmful or offensive contact. ANSWER: D Why was the Bill of Rights enacted? A\) To protect the civil rights and liberties of the citizens and the states. B\) To oppose the world war. C\) To protect the citizens against the bad impact of nature. D\) All of the choices are \"To protect the civil rights and liberties of the citizens and the states\", \"To oppose the world war\", and \"To protect the citizens against the bad impact of nature\". ANSWER: A The document containing specific guarantees of individual liberty is: A\) The Bill of Rights. B\) The Uniform Commercial Code. C\) The Constitution. D\) A restraining order. ANSWER: A (\...) is the defendant\'s response to the facts alleged in a complaint. A\) Admission B\) Answer C\) Jurisdiction D\) Summons ANSWER: B (\...) is a decided case that determines the decision of a subsequent case because they are similar. A\) Constitution B\) Equity C\) Negligence D\) Precedent ANSWER: D (\...) is the failure to exercise reasonable care. A\) Constitution B\) Equity C\) Negligence D\) Precedent ANSWER: C Courts of equity: A\) Never recognized legal rights. B\) Gave only money damages as a remedy. C\) Are a separate class of courts in all states. D\) Provided preventative action. ANSWER: D Administrative agencies: A\) Have the power to regulate particular matters or implement laws. B\) Are composed of people elected by the voters. C\) Have limited power to set up rules of procedure. D\) Have the power to make rules that supersede statutes. ANSWER: A Ethical principles: A\) Are static and unchanging. B\) Are developed from religious beliefs, experience, and cultural background. C\) Are determined by Congress. D\) Are usually a set of lower standards of behavior than laws. ANSWER: B Special federal courts: A\) Have unlimited jurisdiction. B\) Have jurisdiction limited by Congress. C\) Have jurisdiction limited by the executive. D\) Is another name for courts of appeals. ANSWER: B Federal district courts: A\) Are appellate courts. B\) Do not hear criminal cases. C\) Have jurisdiction over civil suits where the amount in controversy is less than \$5,000. D\) Hear all criminal cases involving a violation of federal law. ANSWER: D The Supreme Court has original jurisdiction or trial jurisdiction over cases of (\...). A\) Any kinds B\) Ambassadors, public ministers, and consuls, and in cases in which the state is a party C\) Special matters which will be decided late by Judges D\) Ambassadors, public ministers, and consuls ANSWER: B The U.S. Supreme Court: A\) Does not have original jurisdiction over any cases. B\) Has appellate jurisdiction in cases based on the U.S. Constitution, a federal law, or a treaty. C\) Does not hear any cases appealed directly from a federal district court. D\) Must take all cases appealed to it. ANSWER: B In a typical jury trial: A\) The jury is selected before opening statements are made. B\) The defendant\'s evidence is presented before the plaintiff. C\) The verdict may never be set aside. D\) The defendant has the burden of proof. ANSWER: A The chief functions of the court are to (\...). A\) Interpret and apply the law from whatever source to a given situation B\) Resolve disputes even in the case those disputes were not brought before the court C\) Punish the criminal only D\) Award the injured party in a civil suit only ANSWER: A (\...) is the unauthorized use or confusingly similar imitation of another person\'s mark or name. A\) Trade name infringement. B\) Violation. C\) Infringement. D\) All of the choices \"Trade name infringement\", \"Violation\" and \"Infringement\". ANSWER: A A tort (\...). A\) Is always based on negligent activity. B\) Is prosecuted by a district attorney. C\) Is a civil wrong for which damages may be recovered. D\) Is the result of a failure to exercise reasonable care toward someone. ANSWER: C A trademark gives the owner the (\...) to use a word or device to distinguish a product or a service. A\) Exclusive duty. B\) Exclusive rights. C\) Inclusive duty. D\) Inclusive rights. ANSWER: B According to the law of Vietnam, causation means that (\...). A\) The damage must occur. B\) The damage results from the violation of the law C\) The injured person must prove the amount of damage. D\) The injured person must prove the fault of the wrongdoer. ANSWER: B In Vietnam, liability to compensate for the damage occurs when (\...). A\) At Fault and Wrongdoing B\) Wrongdoing C\) Injury and Wrongdoing D\) At Fault, Wrongdoing, Injury, and Causality between Injury and Wrongdoing ANSWER: D The failure to exercise a duty of care is (\...). A\) Constitution B\) Equity C\) Negligence D\) Precedent ANSWER: C A false statement of the face degrades the quality of another\'s goods or services. A\) Confusion of source B\) Injurious falsehood C\) Embezzlement D\) Unfair competition ANSWER: B A person whose action causes a private wrong or injury to another is called a(an) (\...). A\) communication B\) larceny C\) tortfeasor D\) fraud ANSWER: C A right to do certain acts on land, but not the right to stay in possession of the land is called: A\) Easement B\) Joint tenancy C\) License D\) Partition ANSWER: C A word, symbol, device, or combination of them used to identify and distinguish goods is a(an) (\...). A\) Trademark B\) Infringement C\) Brand Name D\) Company Identity ANSWER: A Ownership rights comprise: A\) the rights of owners to possess, use, and dispose of their property in accordance with the law. B\) the right of disposal, and use of the property. C\) the right to sell, exchange, or give to property. D\) the right to acquire title to land by occupying it for a fixed period. ANSWER: A The transfer of possession of the personal property on condition the property will be returned, which is called (\...). A\) abandoned property B\) lost property C\) bailment D\) bailee ANSWER: C Which of the following is real property? A\) Car B\) Air conditioning in a refrigerated warehouse C\) Air conditioner D\) Stock ANSWER: B To see whether Personal Property is regarded as real property, it is essential to look at (\...). A\) What is the purpose of attachment and who attached the personal property? B\) Intention to install the personal property only. C\) The person installing the personal property needs to be the true owner only. D\) Whether the personal property is tangible or intangible. ANSWER: A (\...) are tangible personal property. A\) Loans B\) Bonds C\) Copyrights D\) Cars ANSWER: D The title does not transfer by (\...) until the person who made the will dies and appropriate judicial proceedings have taken place. A\) Will B\) Purchase C\) Descent D\) Gift ANSWER: A Personal property securely attached to real estate to become part of the real estate is called (\...). A\) Cars B\) Fixture C\) All of the choices: \"Cars\", \"Fixture\", and \"Cups\" D\) Cups ANSWER: B