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 Essay Test - Sum2019

Started on Monday, 22 July 2019, 4:14 PM

State Finished

Completed on Monday, 22 July 2019, 5:14 PM

Time taken 1 hour

Marks 27.00/50.00

Grade 5.40 out of 10.00 (54%)

Question 1
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Question text
Status of a law that conflicts with a constitution and which is therefore invalid are __________.
Select one:
a. right
b. unconstitutional
c. wrong
d. illegal

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The correct answer is: unconstitutional

Question 2
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Law made when an appellate court endorses a rule to be used ini deciding court cases is
_______________________.
Select one:
a. administrative law
b. none of the above
c. case law
d. Equity law

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The correct answer is: case law

Question 3
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Question text
In 1999, Congress passed a law regulating domain names. This law is
Select one:
a. common law
b. statutory law
c. administrative law
d. stare decisis law

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The correct answer is: statutory law

Question 4
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Question text
The federal system of government in the United States means that there are two systems of
government, the:
Select one:
a. federal and state
b. substantive and procedural
c. historical and contemporary
d. civil and criminal

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The correct answer is: federal and state

Question 5
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Power of the court to decide a case is called _______________
Select one:
a. administrative
b. equity
c. rights
d. jurisdiction

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The correct answer is: jurisdiction
Question 6
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Question text
In a civil lawsuit ( ).
Select one:
a. The defendant is presumed innocent until proven guilty.
b. The plaintiff must prove her case beyond a reasonable doubt.
c. The defendant is presumed guilty until proven innocent.
d. The plaintiff must prove her case by a preponderance of the evidence.

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The correct answer is: The plaintiff must prove her case by a preponderance of the evidence.

Question 7
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The lowest level of the federal court system is the:
Select one:
a. district court.
b. justice of the peace
c. highest level of the state courts.
d. court of appeal

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The correct answer is: district court.

Question 8
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Question text
The highest court in the Court system in Vietnam is ( ).
Select one:
a. The Supreme People's Court
b. Council of Judges of the Supreme People's Court
c. Central Military Court
d. district court.

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The correct answer is: The Supreme People's Court

Question 9
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Question text
In Vietnam, provincial people’s courts will hear appealed cases from what courts?
Select one:
a. Supreme court
b. District court
c. Civil court
d. Military regional court Military regional court

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The correct answer is: District court

Question 10
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Question text
Long-arm statutes are laws:
Select one:
a. Providing company establishment procedure
b. Allowing Congress to apply criminal penalty
c. Allowing a state to have jurisdiction over nonresidents.
d. Allowing US citizen to conduct business

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The correct answer is: Allowing a state to have jurisdiction over nonresidents.

Question 11
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Tortfeasor is a person:
Select one:
a. All are wrong.
b. Violating the signed contract.
c. Causing the injury to other.
d. Causing inconvenience for another person.

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The correct answer is: Causing the injury to other.

Question 12
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Question text
What is contributory negligence?
Select one:
a. When the claimant has also been negligent and is therefore partly to blame for their injuries
b. When someone fails to pay damages when they should
c. When the claimant has to pay damages to the defendant
d. When a passenger interferes with a driver who then crashes

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The correct answer is: When the claimant has also been negligent and is therefore partly to
blame for their injuries

Question 13
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Question text
The law permits people to sue for injuries caused by:
Select one:
a. The intentional and negligent acts of him/herself.
b. The intentional and negligent acts of others.
c. The intentional and negligent acts of relatives.
d. The intentional and negligent acts of friends.

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The correct answer is: The intentional and negligent acts of others.

Question 14
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Question text
_________________ exists when the total impression a product gives to the consumer results in
confusion as to the origin of the product.
Select one:
a. Unfair selling
b. Unfair competition
c. Unfair thinking
d. Unfair buying

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The correct answer is: Unfair competition

Question 15
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Question text
To recover for an intentional tort, the injured person must show:
Select one:
a. The injury was caused by the defendant’s act.
b. All of the above.
c. An intention to cause the consequences of the act.
d. An act by the defendant.

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The correct answer is: All of the above.

Question 16
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Question text
An executory contract exists where:
Select one:
a. an executrix is called upon to perform
b. all conditions and promises have been completed by all of the parties.
c. the elements for a valid contract are not present
d. the promises have not been completed by one or more of the parties

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The correct answer is: the promises have not been completed by one or more of the parties

Question 17
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Question text
To be valid, an agreement to a contract must include:
Select one:
a. a fair bargain.
b. a physical sample of the good for sale.
c. an offer.
d. a fair price.

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The correct answer is: an offer.

Question 18
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An oral contract
Select one:
a. None of the above
b. can be a formal contract
c. can be an implied contract
d. can be an express contract

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The correct answer is: can be an express contract

Question 19
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Question text
A void contract is:
Select one:
a. all are correct
b. is the same as a voidable contract
c. really no contract at all
d. can be cancelled by either party

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The correct answer is: really no contract at all

Question 20
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Question text
A __________________________ would be an enforceable agreement but, because of
circumstances or the capacity of a party, one or both of the parties may set it aside.
Select one:
a. Valid contract.
b. Unenforceable contract.
c. Voidable contract.
d. Void contract.

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The correct answer is: Voidable contract.

Question 21
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Question text
What does “ratification” mean?
Select one:
a. It means indicating one’s willingness to be bound by promises made during minority.
b. It means nothing.
c. None of all.
d. It means the repudiation of a contract; that is, the election to avoid it or set it aside.

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The correct answer is: It means indicating one’s willingness to be bound by promises made
during minority.

Question 22
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Question text
On electing to disaffirm contracts, minors __________________________:
Select one:
a. May return whatever they may have received under the contracts, provided they still have
possession of it.
b. Do not need return whatever they may have received under the contracts, provided they still
have possession of it.
c. Must return whatever they may have received under the contracts, provided they still have
possession of it.
d. All.

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The correct answer is: Must return whatever they may have received under the contracts,
provided they still have possession of it.

Question 23
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Question text
If a person is incompetent but has not been so declared by the court, then the person’s contract
are __________________:
Select one:
a. All.
b. Void.
c. Unavoidable.
d. Voidable.

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The correct answer is: Voidable.

Question 24
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Question text
If an adult purchases personal property from a minor, the adult has only a _______________ title
to the property.
Select one:
a. All.
b. Lawful.
c. Voidable.
d. Void.

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The correct answer is: Voidable.

Question 25
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Question text
According to Vietnam's Civil Code, minors do not need consent of their representatives at law if
they are from 15 to 18 years of age when ( ).
Select one:
a. They are married couples
b. They have no representatives at law
c. They have their own property to ensure implementing contractual obligations
d. They have their valid identity cards

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The correct answer is: They have their own property to ensure implementing contractual
obligations

Question 26
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Question text
All of the following are ways of terminating a contract EXCEPT:
Select one:
a. termination by agreement.
b. termination by performance.
c. termination by impossibility of performance.
d. termination at will.
Feedback
The correct answer is: termination at will.

Question 27
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Question text
After a discharge in _________________, creditors’ rights of action to enforce most of the
contracts of the debtor are barred.
Select one:
a. None of all.
b. Alteration of written contract.
c. Bankruptcy.
d. Statute of limitations.

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The correct answer is: Bankruptcy.

Question 28
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Question text
An offer to perform an obligation in satisfaction of the terms of a contract is called a
________________:
Select one:
a. Tender of performance.
b. Substantial performance.
c. Satisfactory performance.
d. Tender of payment.

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The correct answer is: Tender of performance.

Question 29
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 Flag question

Question text
A contractor finished building a house for his client, except that he failed to paint the trim on the
house. If the client refuses to pay and he brings the case to Court, the likely result would be ( ).
Select one:
a. He would lose unless his client agreed to this contract modification.
b. He would recover the full contract price as he substantially performed.
c. He would recover the contract price minus the amount needed to paint the trim because of
substantial performance.
d. He would lose as he has not fully performed his contract responsibilities.

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The correct answer is: He would recover the contract price minus the amount needed to paint the
trim because of substantial performance.

Question 30
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When two parties enter into a contract, in order to avoid the problems involved in proving actual
damages, they may include a provision fixing the amount of damages to be paid in the event one
party breaches the contract. Such a provision is called _______________.
Select one:
a. Liquidated damages.
b. Compensatory damages.
c. Nominal damages.
d. Punitive damages.

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The correct answer is: Liquidated damages.

Question 31
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 Flag question

Question text
In Vietnam, common ownership by share means:
Select one:
a. Common ownership in which each owner’s share of the ownership benefit to the common
property is determined.
b. All.
c. Common ownership in which each owner’s share of the ownership right to the common
property is determined.
d. Common ownership in which each owner’s share of the ownership right to the common
property is undetermined.

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The correct answer is: Common ownership in which each owner’s share of the ownership right to
the common property is determined.

Question 32
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Personal property, roughly speaking, is private property that is movable, as opposed to real
property or ________
Select one:
a. Real estate
b. Allodial title
c. Condominium
d. Ownership

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The correct answer is: Real estate

Question 33
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 Flag question

Question text
Property is divided into two main types:
Select one:
a. real and mislaid.
b. chattel and personal
c. personality and revisionary
d. real and personal.

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The correct answer is: real and personal.

Question 34
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A copyright is a(n)
Select one:
a. right granted to an author to exclusively publish and sell a literary work.
b. distinctive mark, symbol, or slogan used by a business to identify its goods
c. document that must be filed with the U.S. Patent and Trademark Office in order to be
considered legal.
d. exclusive right by an inventor to make, use, or sell an invention

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The correct answer is: right granted to an author to exclusively publish and sell a literary work.

Question 35
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Tangible personal property is something that
Select one:
a. as substance and can be touched
b. is copyrighted under the fair use doctrine.
c. has a trademark which distinguishes it from other property.
d. has no substance and cannot be touched

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The correct answer is: as substance and can be touched

Question 36
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Question text
The contract for sale of goods must exist in writing when the sale price is:
Select one:
a. $ 1,000 or more.
b. $ 200 or more.
c. $ 300 or more.
d. $ 500 or more.

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The correct answer is: $ 500 or more.

Question 37
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A sale in which a seller or an agent of the seller orally asks for bids on goods and orally accepts
the highest bid is:
Select one:
a. Performance.
b. All.
c. Auction.
d. Action.

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The correct answer is: Auction.

Question 38
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When a person voluntarily acknowledges a fact during the course of some legal proceedings, this
is a _________________.
Select one:
a. Judicial admission.
b. All.
c. Judicial contract.
d. Normal admission.

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The correct answer is: Judicial admission.

Question 39
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Question text
Which of the following is NOT considered as a proof of oral contract to be permitted ( ).
Select one:
a. If it can be proven that goods were delivered by seller and were received and accepted by
buyer;
b. the price is unidentified
c. If a person voluntarily acknowledges a fact under oath during a legal proceeding
d. If the goods in question are of nonresellable nature

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The correct answer is: the price is unidentified

Question 40
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Goods that are specifically made for the buyer and are of such an unusual nature that they are
not suitable for sale in the ordinary course of the seller’s business are called:
Select one:
a. Future goods.
b. Existing goods.
c. All.
d. Nonresellable goods.

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The correct answer is: Nonresellable goods.

Question 41
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The term F.O.B. means what?
Select one:
a. Finalize only with buyer
b. Free on board.
c. Fixed on boat.
d. Freight onto the buyer.

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The correct answer is: Free on board.

Question 42
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Question text
A sale or return is a kind of:
Select one:
a. conditional sale.
b. destination contract.
c. shipment contract.
d. shipping term.

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The correct answer is: conditional sale.

Question 43
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According to Vietnam's Commercial Law 2005, the seller transfers risk to the buyer as to
delivered goods if place of delivery is identified when ( ).
Select one:
a. Substantive payment has been made
b. Full payment has been made
c. The buyer has completed checking the goods
d. Goods have been delivered to the buyer or agent nominated by the buyer

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The correct answer is: Goods have been delivered to the buyer or agent nominated by the buyer

Question 44
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Which of the following sentences is wrong?
Select one:
a. When goods identified at the time of contracting suffer a partial loss through no fault of either
party before the risk of loss has passed, the seller has the option, after inspecting the goods, to
treat the contract as avoided, or to accept the goods subject to an allowance or deduction from
the contract price.
b. During the period from the transfer of the risk of loss to the transfer of possession to the buyer,
the seller has possession of the goods and is liable to the buyer for failure to exercise reasonable
care.
c. None of all.
d. Title to existing goods, identified at the time of contracting and not to be transported, passes to
the buyer at the time and place of contracting.

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The correct answer is: When goods identified at the time of contracting suffer a partial loss
through no fault of either party before the risk of loss has passed, the seller has the option, after
inspecting the goods, to treat the contract as avoided, or to accept the goods subject to an
allowance or deduction from the contract price.

Question 45
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The ___________ bears the risk and expense until the goods are delivered at the FOB point
designated.
Select one:
a. Seller.
b. None of all.
c. Carrier.
d. Buyer.

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The correct answer is: Seller.

Question 46
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A separation between ownership and management is most likely to occur in a:
Select one:
a. sole proprietorship.
b. limited liability partnership.
c. general partnership.
d. corporation.

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The correct answer is: corporation.

Question 47
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A dormant partner shares what characteristics with both silent and secret partners?
Select one:
a. he is known to the public and takes part in the management
b. he is unknown to the public and does not take part in the management
c. he is known to the public but does not take part in the management
d. he is unknown to the public and takes part in the management

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The correct answer is: he is unknown to the public and does not take part in the management

Question 48
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Pooling of capital is one of ___________________:
Select one:
a. Disadvantages of partnership.
b. Advantages of partnership.
c. Advantages of corporation.
d. Disadvantages of corporation.

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The correct answer is: Advantages of corporation.
Question 49
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Which of the following sentences is right?
Select one:
a. None of all.
b. Dormant partner is an active partner who attempts to conceal that fact from the public.
c. Secret partner is one who, although possibly known to the public as a partner, takes no active
part in the management of the business.
d. Silent partner usually combines the characteristics of both the secret and the silent partner.

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The correct answer is: None of all.

Question 50
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A subscriber is:
Select one:
a. a person who takes initial steps of forming a corporation
b. a prospective stockholder who agrees to buy stock in proposed corporation
c. a person who accepts articles of incorporation
d. a person who approves the contracts made by a promoter

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The correct answer is: a prospective stockholder who agrees to buy stock in proposed
corporation
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