Business Law / Introduction to Legal Systems University

Introduction to Law & Vietnamese Legal System - Mid-term Practice Exam

50 câu

60 phút

Có đáp án

Thông tin đề

Môn: Business Law / Introduction to Legal Systems
Kỳ thi: University
Số câu: 50 câu
Thời gian: 60 phút
Đáp án: ✓ Có giải thích

Nội dung đề (50 câu)

Câu 1.
Under Vietnamese civil law, when a party fails to fulfill its contractual obligations, which of the following is considered a legal remedy (responsibility)?
- A.
  Negotiation between the parties
- B.
  Specific performance of the contract
- C.
  Mediation by a third party
- D.
  Public announcement of the breach
Câu 2.
According to the hierarchy of legal documents in Vietnam, which document holds the highest legal authority?
- A.
  Ordinance
- B.
  Decree
- C.
  Constitution
- D.
  Circular
Câu 3.
Which of the following countries follows the Common Law legal system?
- A.
  France
- B.
  Germany
- C.
  Vietnam
- D.
  United States
Câu 4.
The doctrine of "stare decisis" in Common Law requires that:
- A.
  Judges may freely ignore previous decisions
- B.
  Decisions made by higher courts are binding on lower courts
- C.
  Only criminal cases follow precedents
- D.
  Each judge decides independently without reference to past cases
Câu 5.
Which of the following is the sacred holy book of Islam and a primary source of Shariah?
- A.
  The Sunnah
- B.
  The Ijma
- C.
  The Hadith
- D.
  The Koran (Qur'an)
Câu 6.
In Common Law, "ratio decidendi" refers to:
- A.
  The non-binding comments of a judge
- B.
  The binding reasoning behind a court's decision
- C.
  The official written judgment of a court
- D.
  The procedural history of a case
Câu 7.
Substantive law is best described as law that:
- A.
  Governs the process of settling disputes in court
- B.
  Defines the rights and obligations of parties
- C.
  Regulates arbitration rules only
- D.
  Applies only to criminal cases
Câu 8.
Which of the following is an example of procedural law in Vietnam?
- A.
  Civil Code
- B.
  Criminal Code
- C.
  Code of Civil Procedure
- D.
  Law on Enterprises
Câu 9.
In a criminal case, the standard of proof required is:
- A.
  Balance of probabilities
- B.
  Preponderance of evidence
- C.
  Beyond reasonable doubt
- D.
  Clear and convincing evidence
Câu 10.
Which of the following best describes the inquisitorial system?
- A.
  The plaintiff plays the dominant role in presenting evidence
- B.
  The judge plays an active role in developing the case and confirming evidence
- C.
  The jury decides all questions of law
- D.
  The defendant controls the proceedings
Câu 11.
In Vietnam, which body has the authority to promulgate Ordinances?
- A.
  The Government
- B.
  The Prime Minister
- C.
  The Standing Committee of the National Assembly
- D.
  The President
Câu 12.
In Vietnam, the Chief Justice of the Supreme People's Court has the authority to promulgate:
- A.
  Decrees
- B.
  Ordinances
- C.
  Circulars
- D.
  Laws
Câu 13.
Which of the following is an example of delegated legislation in Vietnam?
- A.
  The Constitution
- B.
  Decree No. 168/2025/ND-CP
- C.
  Customary practice
- D.
  Court precedents
Câu 14.
When a specific legal provision cannot be found to settle a dispute in Vietnam, what is the first fallback source the court may refer to (after legislation)?
- A.
  The Constitution
- B.
  Customary practices (tục lệ)
- C.
  International treaties
- D.
  Precedents from other countries
Câu 15.
Which of the following is NOT a typical feature of Civil Law systems?
- A.
  Codified legal rules
- B.
  Based on Roman Law
- C.
  Judge-made law as the primary source of law
- D.
  Used in continental European countries
Câu 16.
In Vietnam, an "Order" is promulgated by:
- A.
  The Prime Minister
- B.
  The President of Vietnam
- C.
  The National Assembly
- D.
  The Chief Justice
Câu 17.
In arbitration proceedings, the parties are typically referred to as:
- A.
  Plaintiff and defendant
- B.
  Claimant and respondent
- C.
  Prosecutor and accused
- D.
  Appellant and appellee
Câu 18.
In Vietnamese criminal proceedings, the term used for the accused person is:
- A.
  Bị đơn (defendant)
- B.
  Bị can (suspect)
- C.
  Bị cáo (accused)
- D.
  Nguyên đơn (plaintiff)
Câu 19.
A "tort" in civil law is best described as:
- A.
  A breach of a contractual obligation
- B.
  A civil wrong committed outside of a contract
- C.
  A criminal offense punishable by imprisonment
- D.
  A type of legislative act
Câu 20.
Which court hears a case for the very first time?
- A.
  Appellate court (Tòa thúc phẩm)
- B.
  First-instance court
- C.
  Supreme People's Court
- D.
  Cassation court (Giám đốc thẩm)
Câu 21.
"Tái thẩm" (retrial) in Vietnamese procedural law occurs when:
- A.
  A party appeals within the legal time limit
- B.
  The appellate court issues its binding judgment
- C.
  New evidence emerges that may change the outcome of a legally effective judgment
- D.
  The Chief Justice reviews administrative matters
Câu 22.
A "solicitor" in the Common Law system primarily:
- A.
  Represents clients in court hearings as an advocate
- B.
  Provides legal advice, reviews contracts, and handles case research
- C.
  Serves as a judge in court proceedings
- D.
  Drafts legislation in Parliament
Câu 23.
In Common Law, "obiter dicta" refers to:
- A.
  The binding reasoning of a decision
- B.
  Non-binding comments by a judge that are persuasive but not authoritative
- C.
  The official written judgment of a court
- D.
  A type of binding precedent
Câu 24.
For a customary practice (tục lệ) to become applicable law in Vietnam, all of the following conditions must be met EXCEPT:
- A.
  It clearly defines the rights and obligations of parties
- B.
  It is well recognized and applied in a certain area
- C.
  It is published and repeated over time
- D.
  It has been formally approved by the National Assembly
Câu 25.
The principle of good faith (thiện chí) in contract law means that:
- A.
  Parties can act purely in their own self-interest
- B.
  Parties must act honestly and fairly in their dealings
- C.
  Parties must always sign contracts in person
- D.
  Parties can change contract terms at any time
Câu 26.
The principle of party autonomy in civil law allows parties to:
- A.
  Ignore any law they wish
- B.
  Freely determine the content of their contracts within legal limits
- C.
  Avoid all contractual obligations
- D.
  Choose any court regardless of jurisdiction
Câu 27.
Which of the following is the LOWEST in the hierarchy of legal sources in Vietnam when settling a civil dispute?
- A.
  The Constitution
- B.
  Legislation passed by the National Assembly
- C.
  Equity (lẽ công bằng)
- D.
  Customary practices
Câu 28.
A "Resolution" in Vietnam can be promulgated by which of the following?
- A.
  The President of Vietnam
- B.
  Individual ministers
- C.
  The Council of Judges of the Supreme People's Court
- D.
  The Governor of the State Bank
Câu 29.
An "official letter" (công văn) in the Vietnamese legal system is best described as:
- A.
  A binding legislative document
- B.
  An administrative document that is generally not binding
- C.
  A type of court judgment
- D.
  A form of delegated legislation
Câu 30.
Under Gia Rai customary law in Vietnam, if a husband passes away leaving young children and property, the property and children are typically managed through:
- A.
  The husband's family exclusively
- B.
  The wife's family, with the youngest son holding inheritance rights
- C.
  The local People's Committee
- D.
  The state government
Câu 31.
In civil law, the state is typically the third party in:
- A.
  Civil cases
- B.
  Criminal cases
- C.
  Commercial arbitration
- D.
  Family disputes
Câu 32.
The Vietnamese People's Procuracy (Viện Kiểm sát Nhân dân) is responsible for:
- A.
  Drafting legislation in the National Assembly
- B.
  Prosecuting criminal cases and controlling judicial activities
- C.
  Issuing decrees in the Government
- D.
  Managing the court system administratively
Câu 33.
In the Vietnamese court system, "Hội thẩm nhân dân" (lay judges) are:
- A.
  Required to hold law degrees
- B.
  Qualified members of the community who represent the people
- C.
  Senior judges of the Supreme Court
- D.
  Members of the National Assembly's judiciary committee
Câu 34.
In arbitration, the parties typically have the right to:
- A.
  Use only Vietnamese as the language of proceedings
- B.
  Choose the language of proceedings and the place of arbitration
- C.
  Have the proceedings heard by a jury
- D.
  Avoid paying any fees
Câu 35.
When a new precedent conflicts with an older precedent in a Common Law system, what generally happens?
- A.
  The older precedent always prevails
- B.
  The new precedent prevails and the old one is removed
- C.
  Both precedents remain equally binding
- D.
  The case is automatically sent to Parliament
Câu 36.
In Vietnam, the head of the Government Office (Văn phòng Chính phủ) holds the title of:
- A.
  Chief Justice
- B.
  Minister-Chairman (Bộ trưởng, Chủ nhiệm)
- C.
  Inspector General
- D.
  Governor
Câu 37.
According to the course material, when there is no specific law governing an issue and no customary practice, the court may apply:
- A.
  Foreign laws directly
- B.
  Analogous law (provisions from similar legal rules)
- C.
  Decisions from foreign courts
- D.
  Religious principles
Câu 38.
In Vietnamese law, the principle that allows people to do anything not prohibited by law is known as:
- A.
  Principle of good faith
- B.
  Principle of party autonomy
- C.
  Principle that 'what is not prohibited is permitted'
- D.
  Principle of equality
Câu 39.
Which of the following is true regarding the relationship between customary practice and legislation in Vietnam?
- A.
  Customary practice always prevails over legislation
- B.
  Legislation prevails over customary practice in case of conflict
- C.
  They are always equal in legal force
- D.
  Customary practice supersedes the Constitution
Câu 40.
A "barrister" in the Common Law system is a lawyer who:
- A.
  Provides legal advice and reviews contracts only
- B.
  Argues cases in court as an advocate
- C.
  Serves as a judge in court
- D.
  Drafts legislation in Parliament
Câu 41.
True or False: Under Vietnamese civil law, if a party does not fulfill its obligations, it will be subject to legal responsibilities (remedies).
- A.
  Đúng / True
- B.
  Sai / False
Câu 42.
True or False: Precedents (án lệ) are listed in Article 4 of the Law on Promulgation of Legal Documents as a form of delegated legislation in Vietnam.
- A.
  Đúng / True
- B.
  Sai / False
Câu 43.
True or False: The Civil Code of Vietnam has a broader governing scope than a specific law such as the Law on Enterprises.
- A.
  Đúng / True
- B.
  Sai / False
Câu 44.
True or False: The Vietnamese Constitution is the highest legal document in the country's legal hierarchy.
- A.
  Đúng / True
- B.
  Sai / False
Câu 45.
True or False: The Prime Minister of Vietnam has the authority to promulgate decrees.
- A.
  Đúng / True
- B.
  Sai / False
Câu 46.
True or False: In Vietnam, ordinances rank below legislation (laws) in the legal hierarchy.
- A.
  Đúng / True
- B.
  Sai / False
Câu 47.
True or False: Customary practices can be applied by Vietnamese courts when there is no specific law governing a particular issue.
- A.
  Đúng / True
- B.
  Sai / False
Câu 48.
True or False: Vietnam follows the Common Law legal system.
- A.
  Đúng / True
- B.
  Sai / False
Câu 49.
True or False: The doctrine of "stare decisis" is applied uniformly in both Common Law and Civil Law countries.
- A.
  Đúng / True
- B.
  Sai / False
Câu 50.
True or False: In a civil case in Vietnam, the standard of proof required is "beyond reasonable doubt."
- A.
  Đúng / True
- B.
  Sai / False

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