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Quiz 1 Law

The document outlines various aspects of law, including definitions, sources, and procedures in the U.S. legal system. It discusses the jurisdiction of courts, the classification of laws, and the principles of tort law, including negligence and intentional torts. Additionally, it highlights the structure of the U.S. court system and the role of the Constitution and the Bill of Rights in protecting individual rights.
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0% found this document useful (0 votes)
33 views11 pages

Quiz 1 Law

The document outlines various aspects of law, including definitions, sources, and procedures in the U.S. legal system. It discusses the jurisdiction of courts, the classification of laws, and the principles of tort law, including negligence and intentional torts. Additionally, it highlights the structure of the U.S. court system and the role of the Constitution and the Bill of Rights in protecting individual rights.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

Law is
a. A rule of civil conduct, commanding what is right and prohibiting what is wrong
b. A tool of the State's leaders elected by people to protect their power and interests.
c. Enacted and enforced by a sovereign state.
d. Applied with equal force to every member of society.
e. Concerned only with rules of conduct for the performance of business transactions.

2. Sources of US law include:


a. Constitutions (Federal, State, Local, Bill of Rights)
b. Statutes (Federal, State, Local; Codes)
c. Statements and speeches of US Presidents
d. Judicial decisions (Case law/ Precedents)

3. The US Supreme Court has original jurisdiction over cases of (...).


a. Any kinds
b. Special matters which will be decided late by Judges.
c. Ambassadors, public ministers, and consuls and in cases in which state is a party.
d. Ambassadors, public ministers, and consuls.

4. Regarding the US trial procedure, which of the following is (are) not correct?
a. The attorneys make opening statements.
b. The plaintiff presents evidence followed by the defendant's evidence.
c. The attorney for each side summarizes the evidence.
d. The judge instructs the jury as to the points of law which govern the case.
e. The jury adjourns to the jury room and, in secret.
f. The jury seeks for the judge's view on the case.
g. The jury arrives at its verdict.
h. The judge enters a judgment.

5. In Vietnam, to ask for compensation for civil liability outside the contract (tort), individuals
or organizations (injured party) must prove: the damage must be presented, there is an
infringement upon lawful rights and interests protected by law, the person who caused the
damage is at fault and ().
a. There must be a contract between the injured party and the person who conducted a
wrongful act.
b. The damage must be physical.
c. A causative relation between the wrongful act and damage.
d. The injured party must have no fault.

6. Which of the below is (are) wrong?


a. Interference with a contract which causes a party to a contract to break off the contract is
not a committed business tort.
b. A business tort is the type of tort caused by a business or involving a business.
c. Interference with a contract which causes a party to a contract to break off the contract is
a committed business tort.
d. A business tort is the type of tort caused by a crime.

7. The duty of proving the amount of damage in a tort lawsuit belongs to ().
a. Defendant
b. Court
c. Plaintiff
d. All of the above

8. The lowest level of the U.S. federal court system is the (...).
a. District court.
b. Court of appeal
c. Inferior court.
d. Justice of the peace

9. The Federal Courts of Appeals are courts that hear (...).


a. Appeals of decisions of the state supreme court.
b. Appeals arising in their circuits.
c. Appeals of decisions of any foreign court to which a US citizen is a party.
d. Appeals of a state courts of original jurisdiction.

10. The United States has a common law system. The common law began (...).
a. As a body of general rules applied in the courts throughout England.
b. As a group of legal principles enacted by continental European nations.
c. As part of the Roman civil law.
d. In the Islamic courts of Muslim countries.

11. In order to hear 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 the subject matter of the case; the persons involved; and the geographical area
where the case occurred.
d. Courts located in the area where the case occurred always have jurisdiction over the
case.

12. 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 difference between them.
b. No law is available.
c. No court's rules are good enough.
d. It is found similarities between them.

13. US Federal courts are classified as:


a. District courts.
b. Circuit courts of appeals.
c. U.S. Supreme Court.
d. Special federal courts.

14. The doctrine of strict liability:


a. Makes only the manufacturer liable without proof of negligence for dangerous product.
b. Makes entities in the chain of manufacture of a product-such as manufacturer,
wholesaler, or retailer-liable without proof of negligence for dangerous product.
c. Makes entities in the chain of manufacture of a product-such as manufacturer,
wholesaler, or retailer-liable with proof of negligence for dangerous product.
d. Makes only retailer liable without proof of negligence for dangerous product.

15. Personal Property cannot be acquired through:

a. purchase

b. theft

c. descent

d. gift

e. accession

f. confusion

g. creation

h. will

16. Which of the following are not classified as real property:

a. Trees growing on the land, orchards, vineyards, and perennial crops, and others not
planted annually and cultivated, and not severed from the land.

b. Trees growing on the land and already were severed from the land.

c. A house

d. A well in a piece of land

17. (...) is that system of judge-made law which was developed in England.

a. The Civil law

b. The Common law

c. The Customary law

d. The Religious law

18. US State courts are classified as:

a. Inferior courts.

b. Courts of original general jurisdiction.

c. Appellate courts.

d. Special courts.

19. Which of the below is (are) wrong regarding the state inferior courts in the States
a. They hear cases involving minor criminal offenses and minor disputes between citizens.

b. They belong to the US federal court system.

c. They are most frequently called district, magistrate, county, municipal, small claims,
justice, or even taxi courts.

d. The loser in the state inferior courts cannot appeal to a court of original general
jurisdiction.

20. Which of the below is (are) wrong regarding the state Appellate Courts in the States

a. All states provide for an appeal to an appellate court by the party dissatisfied with the final
judgment of the trial court or any of its rulings and instructions.

b. Only some states locating near by Washington DC. have a system of intermediate
appellate courts.

c. Decisions of the appellate courts bind lower courts.

d. The state supreme court is usually the highest appellate court of a state.

21. Which is (are) not true:

a. Each US federal judicial circuit has a court of appeals, which hears appeals from cases
arising in its circuit.

b. The federal courts of appeals hear appeals from federal district courts and from federal
administrative agencies and departments.

c. A decision of a federal court of appeals is binding on all lower courts even the courts are
not within the jurisdiction of that circuit.

d. A decision of a federal court of appeals is binding on all lower courts within the jurisdiction
of that circuit only.

22.

a. A defendant is an individual, company, or institution that brings a case against another in


a civil lawsuit.

b. A plaintiff is an individual, company, or institution that institutes a civil action/ begins a civil
Lawsuit.

c. A defendant is an individual, company, or institution against whom action is brought a civil


lawsuit.

d. A plaintiff is an individual, company, or institution that brings a case against another in a


civil lawsuit.

e. A defendant is an individual, company, or institution which was sued or accused in a civil


lawsuit.

23. Mr. A has caused an intentional tort to Miss B.

The intentional tort liability of A to B is based on:


a. The act by A.

b. The act by B.

c. An intention to cause the consequences of A's act.

d. Causation-the injury was caused by A's act.

e. All of the above.

24. A bailment for the sole benefit of the bailee is:

a. When the bailor does not receive benefits from or compensation for the bailment.

b. The case the bailee must take great care of the property and is liable for damages caused
by even slight negligence.

c. When the bailee does not receive benefits from the bailment.

d. All of the above

25. According to the law of Vietnam, causation means that:

a. The damage must be physical.

b. The damage results from the violation of law.

c. The injured person must prove the amount of damage

d. The injured person must prove the fault of the wrongdoer.

26. Property can be:

a. Personal property.

b. Real property.

c. Intangible and tangible property.

d. Anything that may be owned.

27. U.S. Appellate courts:

a. Review cases appealed from the decisions of lower courts.

b. Include courts of appeals and supreme courts.

c. Exercise considerable authority over the courts under them. Lower courts are bound by
the decisions of their appellate courts.

d. Only a&c
28. The basis for negligent tort liability includes:

a. A duty of care of the defendant

b. Breach of the duty

c. The breach was the actual and proximate cause of an injury

d. Actual damage or injury

29. Which of the following is not correct?

a. Administrative violations are crimes.

b. Torts are private or civil wrongs or injuries for which the injured person may bring an
action

for damages.

c. Torts are crimes

d. Breaches of a contract are torts

30. The legal document in the US containing specific provisions on individual rights and
liberties is:

a. The Bill of Rights.

b. Precedents

c. The Uniform Commercial Code (UCC)

d. A restraining order.

31. (...) is that class of laws that are concerned primarily with rules of conduct prescribed by
the government for the performance of business transactions.

a. Administrative law.

b. Business law

c. Criminal law

d. Laws on Government

32. The authority of a court to hear a case is a/an

a. Jurisdiction

b. Power

c. Interrogatory

d. Summon

33. Tort law concern:


a. Breaches of contracts.

b. Crimes on business.

c. Private or civil wrongs or injuries.

d. Administration violations.

34 (...) is the unauthorized use or confusingly similar imitation of another person's trade
mark.

a. Trade mark infringement.

b. Violation.

c. Infringement.

d. All of the choices "Trade mark infringement", "Violation" and "Infringement".

35. Mrs. D has consumed a bottle of ginger beer purchased by her friend. The bottle
contained a decomposed snail, causing her to suffer illness and shock. Who in this case
owed a duty of care to Mrs. D to ensure the safety of the bottle of ginger beer?

a. Mrs. D's friend purchased the beer.

b. Mrs. D herself.

c. The manufacturer of the bottle of ginger beer.

d. All of the above.

36. In the States, once an US President is selected by the American people and once is in
power, the President then has:

a. A supreme and unlimited power.

b. The President can decide anything regarding the nation's matters.

c. The President stands above the Constitution, US Congress and the US Supreme Court.

d. All of the above are not correct.

37. Mrs. P was standing on a train platform when two railroad employees attempted to help
a passenger board a moving train. In the process, a package that the passenger was
carrying fell onto the tracks and exploded, causing scales at the other end of the platform to
fall and injure Mrs. P. Is the railroad company liable for her injuries knowing that the
employees did not follow safety procedures when assisting the passenger onto the moving
train?

a. Yes

b. No

38. Which is (are) intentional tort cases?


a. Mrs. D has consumed a bottle of ginger beer purchased by her friend. The bottle
contained a decomposed snail, causing her to suffer illness and shock.

b. A eighteen-year-old boy moved a chair out from under his aunt as she was about to sit
down, causing her to fall and injure herself.

c. Mr. A rigged a shotgun to protect his property and injured Mr. B when Mr. B unlawfully
entered the property.

d. Mrs. L has failed to obey traffic rules and caused an accident that injures a boy.

39. Which one is (are) not true?

a. If either the plaintiff or the defendant in a lawsuit is dissatisfied with the judgment and can
cite an error of law by the court, an appeal generally may be taken to a higher court.

b. When a judgement is appealed, a complete transcript or written record of the trial court
proceedings is given to the appellate court. The appellate court reviews the proceedings
from the transcript.

c. When a judgement is appealed, a complete transcript or written record of the trial court
proceedings is given to the appellate court. The appellate court hear testimony from
witnesses.

d. The decision of the appellate court becomes judicial precedent and is binding on lower
courts.

40. The Court system in Vietnam consists of:

a. Commune People's Court

b. Supreme People's Court

c. Police Court

d. Army Court

e. The Communist Party's Court

f. Provincial People's Court

g. District People's Court

h. High Level People's Court

41. The objectives of Law are:

a. To protect the power and interests of State's leaders.

b. For the rights and interests of every member of the society.

c. To establish a stable framework to keep society operating as smoothly as possible.

d. To establish rules so that every member of the society will be able to peacefully resolve
their disputes that may arise.
e. All of the above.

42. The US Constitution is (are):

a. Enacted by the U.S. Supreme Court in 1791

b. The document that defines the relationships of the parts of the U.S. government to each
other and the relationship of the government to its citizens or subjects.

c. The supreme law of the land. State constitutions, as well as all other laws must agree with
the U.S. Constitution.

d. The document containing fundamental principles of the U.S. government

43. The U.S. Bill of Rights:

a. Consists of ten amendments specifically designed to protect the civil rights and liberties of
the citizens and the states.

b. It is not a part of the U.S. Constitution.

c. Is the first ten amendments to the U.S. Constitution.

d. The U.S. Constitution had been amended by the addition of the Bill of Rights.

44. "Stare decisis":

a. Is the principle that a court decision controls the decision of a similar future case.

b. Courts must generally adhere to the judicial precedents set by earlier decisions.

c. "Stare decisis" doctrine if of Common Law.

d. "Stare decisis" doctrine is of Civil Law.

45. The functions of a US. Court:

a. To declare and apply judicial precedents, or case law.

b. To apply laws passed by the legislative arm of government.

c. To interpret and apply the laws from whatever source to a given situation.

d. To issue Statutes and Administrative Agencies Orders.

46. Jurisdiction of a Court is:

a. The power of judges and jury of a court.

b. The authority of a court to declare and apply judicial precedents, or case law.

c. The authority of a court to hear cases.

d. All of the above.


47. Before any court can try a case, it must be established that the court has jurisdiction
over:

a. The subject matter of the case

b. The persons involved in the case

c. The geographic area where the events in issue occurred.

d. Only a &b

48. Which one is wrong:

a. Trial Court: Court that reviews decision of another court.

b. Appellate Court: Court that reviews decision of another court.

c. Appellate Court: Court that conducts original trial of a case.

d. Trial Court: Court that conducts original trial of a case.

49. The U.S. Federal district courts have jurisdiction over civil suits that:

a. Are brought by the United States

b. Arise under the U.S. Constitution, federal laws, or treaties

c. Are brought by citizens of different states-called diversity jurisdiction or between citizens of


one state and a foreign nation or one of its citizens where the amount in controversy is
$75,000 or more

d. Affect ambassadors, public ministers, and consuls, and in cases in which a state is a
party.

50. Personal Property, according to U.S. laws, are:

a. Movable property.

b. Interests less than complete ownership in land.

c. Rights to money.

d. Real estate, land and permanent attachments to land.

Case:

Cheap Escape Co. published a magazine and in Summit County, Ohio, entered into
contracts to sell ads in the magazine to Haddox LLC. The contracts stated that any legal
action based on then "will be in the Franklin County Municipal Court or Franklin County
Common Pleas." Haddox allegedly defaulted on the contracts, so Haddox was sued in
Franklin County Municipal Court and got a judgment.

Subject matter jurisdiction of municipal courts in Ohio is set by statute as "original jurisdiction
within its territory." Haddox argued this meant a municipal court only had jurisdiction over
events having a territorial connection to the court.
The court reasoned that the logical way to read the phrase "original jurisdiction within its
territory" was that a municipal court could only hear cases that had a territorial connection to
it. The judgment was reversed and the case dismissed.

51. Who is the Plaintiff in the Lawsuit?

a. The Ohio County Municipal Court.

b. Cheap Escape Co.

c. The Franklin County Municipal Court.

d. Haddox LLC

52. Who is the Defendant in the Lawsuit?

a. The Franklin County Municipal Court.

b. Haddox LLC

c. The Ohio County Municipal Court.

d. Cheap Escape Co.

53. Subject matter jurisdiction of municipal courts in Ohio is set by statute as "original
jurisdiction within its territory." Therefore, is this the Franklin County Municipal Court having
jurisdiction over the subject matter of the Case?

a. No.

b. Yes.

54. The contracts stated that any legal action based on them "will be in the Franklin County
Municipal Court or Franklin County Common Pleas.". Therefore, is this the Franklin County
Municipal Court having jurisdiction over the subject matter of the Case?

a. Yes.

b. No.

55. Does the Franklin County Municipal Court have jurisdiction over the Lawsuit (Cheap
Escape Co., Inc. v. Haddox LLC) having a territorial connection to the court?

a. No.

b. Yes.

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