Ultra vires contract (hd vượt khả năng) -> revoke

13. If goods may be offered for sale ___________________, then goods cannot be withdrawn
after the bidding starts unless no bid is received:
a. With reserve.
b. Without reserve.
c. Both “with reserve” and “without reserve”.
d. None of above.

ANS: B PTS: 1
A business organization in which one or more partners have their liability for the firm’s debts
limited to the amount of their investment is called:
a. Ordinary partnerships.
b. General partnerships.
c. Limited partnerships.
d. Trade and nontrading partnerships.

ANS: C PTS: 1

19. Stockholders give up their voting privileges by transferring their stock to a trustee and
receiving in return ______________________ certificates:
a. Cumulative voting.
b. Voting trust.
c. Absentee voting.
d. None of above.

ANS: B PTS: 1
2. A contract in which the parties express their intentions by words, whether in writing or orally,
at the time they made the agreement is called:
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.

ANS: A PTS: 1
3. The consideration in a sales contract is generally expressed in terms of money or
money’s worth and is known as the ______________.
a. Cost.
b. Expense.
c. Price.
d. All.

ANS: C PTS: 1
Merger and Consolidation are different to the extent which:

To Merger, one corporation is dissolved and the other is still

existed, while to Consolidation, both of corporations are
dissolved.

Under UCC, what is the difference between a sale and a contract to sell?

When a sale is made, the title, or the ownership of a subject matter, is

transferred at once; when a contract to sell is made, title will be

What is the difference between the assignment and the delegation under
contract?
An assignment is the transfer of rights in a contract, while a delegation is
strictly a transfer of duties.

A voidable contract and void contract are different up to the point that (
).
 Void contract is always invalid, while voidable contract is
invalid only by disaffirmance of one party

Consignment
FOB-Free on board
COD-Cash on delivery

The chief functions of the court are to ( ).

Interpret and apply the law from whatever source to a given situation.

Taken an approach of governmental unit setting up the court, the court may be divided into federal
court (tòa án liên bang), state court(tòa ban từng bang) and municipal courts.
Hệ thống tòa án (trang 14,16)

A non-party to a contract to whom the promisee owes an obligation that would be discharged to the
extent that the promisor performs the promise:
a. Assignee
b. Assignor
c. Creditor beneficiary (tìm thêm về người thụ hưởng thứ 3 third-party
beneficiary
d. Donee beneficiary
A statement "this is a good engine" is ( ).
Merely the seller's opinion

Sở hữu tài sản chung

“Tenancy in common”,
“Joint tenancy”
“Tenancy in entirety”->chỉ vợ chồng

1 corporation có 3 power
Implied power
Express power
Incidental power

Trademark, copyright

Fungible goods are goods of homogeneous nature sold by weight or measure.

Joint venture, limited liability company, joint stock company

Assignment, delegation, novation

Receipt, bill of sale

Usury law

Phân loại hợp đồng chap 5

Existing good, identified goods, future good, nonresellable good

2 main types of property: real property, personal property

CHAPTER 1—INTRODUCTION TO LAW

MULTIPLE CHOICE

1. The legal system we have in America:

b. Is based heavily on the English legal system of common law and
equity.

2. Courts of equity:
Provided preventative action.

3. Judicial interpretation is important to the legal process because:

c. Interpretations by the highest courts set precedents follow by lower
courts.
4. The document containing specific guarantees of individual liberty is:/ ten first amendments in
US Constitution
a. The Bill of Rights.
5. Administrative agencies:
a. Have the power to regulate particular matters or implement laws.
6. A criminal action:
d. Punishes offenses that injure society as a whole.

7. The crimes that carry the most severe penalties are called:
b. Felonies.
8. A tort:
c. Is a civil wrong for which damages may be recovered.
9. Ethical principles:
 b. Are developed from religious beliefs, experience, and cultural
background.
10. Ethical standards in business:
b. Help determine an individual's business practices.
CHAPTER 2—COURTS AND COURT PROCEDURE

MULTIPLE CHOICE

1. In order 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.

ANS: C PTS: 1

2. 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.

ANS: B PTS: 1

3. Federal district courts:

a. Are appellate courts.
b. Do not hear criminal cases.
c. Have jurisdiction of civil suits where the amount in controversy is less
than $5,000.
d. Hear all criminal cases involving a violation of federal law.

ANS: D PTS: 1

4. The U.S. Supreme Court:

a. Does not have original jurisdiction of 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.
 ANS: B PTS: 1

5. 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's.
c. The verdict may never be set aside.
d. The defendant has the burden of proof.

ANS: A PTS: 1

6. 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.

ANS: C PTS: 1

YES/NO

7. Are there two court systems in every state because the federal and state court systems have
very different functions?

ANS: N PTS: 1

8. Is it the chief function of courts to interpret and apply the law to a given situation?

ANS: Y PTS: 1

9. May the parties in a civil action normally represent themselves in court?

ANS: Y PTS: 1

10. Must parties to civil or criminal actions always be represented by lawyers?

ANS: N PTS: 1

11. Is it the plaintiff who has the burden of proving facts adequate to support the allegations in
the complaint?

ANS: Y PTS: 1

12. Is a decision of a federal court of appeals binding upon all lower courts?
 ANS: N PTS: 1

13. Does a jury decide points of law as well as the weight to be given to evidence?

ANS: N PTS: 1

14. Is it much simpler to file and try a suit in a small claims court?

ANS: Y PTS: 1

MATCHING

a. Admission
b. Answer
c. Interrogatory
d. Jurisdiction
e. Summons
f. Venue

15. A written question to be answered in writing. : Interrogatory

16. Notice of a law suit.: Summons

17. The location where a case is to be tried.:Venue

18. The request to agree that a certain fact is true or a matter of law is decided.:Admission

19. The defendant's response to the facts alleged in a complaint. Answer

20. The authority of a court to hear a case. Jurisdiction

15. ANS: C PTS: 1

16. ANS: E PTS: 1

17. ANS: F PTS: 1

18. ANS: A PTS: 1

19. ANS: B PTS: 1

20. ANS: D PTS: 1

 PTS: 1
CHAPTER 3—BUSINESS TORTS AND CRIMES

TRUE/FALSE

1. In order to recover for a tort based on negligence, an injured person must show a duty of the
other person, a breach of the duty, and that the breach was the actual and proximate cause of
the injury and injury or damage.

ANS: T PTS: 1

2. There is a tort of interference with a contract or economic advantage whenever a person

causes a party to a contract to break off the contract.

ANS: F PTS: 1

3. A trademark gives the owner an exclusive right to use a word to distinguish a product.

ANS: T PTS: 1

4. Any word or symbol qualifies for protection as a trademark.

ANS: F PTS: 1

5. A trademark must be registered.

ANS: F PTS: 1

6. Civil suits under RICO have been popular because the law provides recovery of three times
the damages suffered.

ANS: T PTS: 1

7. Computer trespass can be harmless.

ANS: T PTS: 1

8. Imitation of another's trademark does not always constitute infringement.

ANS: F PTS: 1

MATCHING
 a. Business Crime
b. Confusion of source
c. Embezzlement
d. Injurious falsehood
e. Theft
f. Unfair competition

9. The fraudulent conversion of lawfully possessed property. :Embezzlement

10. Representing goods or services as being the goods or services of someone else :Confusion of
source

11. A false statement of face that degrades the quality of another's goods or services. Injurious
falsehood

12. When the total impression a product gives to the consumer results in confusion as to the
origin of the product. Unfair competition

13. Taking another's property without consent.Theft

14. A crime committed by using a business. Business crime

9. ANS: C PTS: 1

10. ANS: B PTS: 1

11. ANS: D PTS: 1

12. ANS: F PTS: 1

13. ANS: E PTS: 1

14. ANS: A PTS: 1

COMPLETION

15. A person whose action causes a private wrong or injury to another is called a(n)
____________________.

ANS: tortfeasor

PTS: 1
16. A doctrine that makes manufacturers liable without proof of negligence is called
____________________.

ANS: strict tort liability

PTS: 1

17. Telling a third person a false statement is called ____________________.

ANS: communication

PTS: 1

18. A word, symbol, device, or combination of them used to identify and distinguish goods is
____________________.

ANS: trademark

PTS: 1

19. Taking and carrying away of property without consent is ____________________.

ANS: larceny

PTS: 1

20. Causing all of a bank's deposits to be credited to one person's account constitutes a business
____________________.

ANS: fraud

PTS: 1

ESSAY

21. Jim Adams, a high school student, was considered by his friends to be very good with
computers. In order to show off his abilities Jim decided to try to break in to the Department
of Defense computers in the Pentagon and leave some kind of message. If he is successful at
breaking in, but is eventually detected, what would he be called? Could he be in any real
trouble?

ANS:
 If Jim is successful in breaking in to the Department of Defense computers and leaving a
message, he would be in very serious trouble. Jim would be a hackeran unauthorized
outsider who gained access to someone else's computer system and he would have committed
a computer trespass. Computer trespass is the use of computer time without permission and is
technically the theft of computer time. If he does no more than leave a message he has
committed a crime and hacking into the Department of Defense computers would probably be
considered a threat to national security.

PTS: 1
CHAPTER 4—GOVERNMENT REGULATION OF BUSINESS

MULTIPLE CHOICE

1. CERCLA imposes liability for cleanup of hazardous substances on:

a. Owners of contaminated sites.
b. Disposers of the substances.
c. Operators of contaminated sites.
d. All of these choices.

ANS: D PTS: 1

2. Government regulation of business:

a. Is to set rules under which some businesses compete.
b. Is to discourage abuses.
c. Is to enhance the quality of life for a select few in society.
d. Affects the operation of only a few businesses.

ANS: A PTS: 1

3. No administrative agencies have the power to:

a. Enact rules that cannot be appealed.
b. Fix the prices that a business may charge.
c. Determine whether the activity of the entity regulated is acceptable or
not.
d. Allow a business to enter the field being regulated.

ANS: A PTS: 1

4. The purpose of antitrust laws is to:

a. Promote competition among businesses.
b. Prohibit restraints of trade.
 c. Prohibit acts that tend to create a monopoly.
d. All of these choices.

ANS: D PTS: 1

5. The Water Pollution and Control Act:

a. Seeks to restore the proper chemistry only of navigable waters.
b. Allows suits by private citizens.
c. Provides only civil remedies.
d. Is enforced by municipalities and local governments.

ANS: B PTS: 1

6. Most administrative agency regulation:

a. Is used to increase the federal government's revenue.
b. Is not done by administrative agencies, but by individual officials.
c. Exists because of the complex nature of the area of regulation.
d. Exists because the nature of the area of regulation is so simple.

ANS: C PTS: 1

YES/NO

7. Are all administrative agencies run by a commission?

ANS: N PTS: 1

8. May a business legally make sales at unreasonably low prices in order to eliminate
competition?

ANS: N PTS: 1

9. Generally, is it the activity itself, not its effect, that is the most important element in deciding
whether the Sherman Act has been violated?

ANS: N PTS: 1

10. Does most administrative agency regulation occur because of the complex nature of the area
of regulation?

ANS: Y PTS: 1
11. May private citizens sue on the basis of the Water Pollution and Control Act?

ANS: Y PTS: 1

12. Does CERCLA impose liability only on current owners of facilities where hazardous
substances have been released?

ANS: N PTS: 1

13. Must all persons who generate or transport hazardous waste, and owners and operators of
facilities for the treatment, storage, or disposal of such waste, obtain a permit?

ANS: Y PTS: 1

14. Under the Clean Air Act, do the states set minimum standards for air quality?

ANS: N PTS: 1

COMPLETION

15. Agencies that dispense benefits for social and economic welfare are called
____________________.

ANS: nonregulatory agencies

PTS: 1

16. Enacting administrative rules by publishing the proposed rule and then the final rule without
holding formal hearings is called ____________________.

ANS: notice and comment rule making

PTS: 1

17. The four groups of people on whom CERCLA imposes liability are ____________________,
____________________, ____________________, and ____________________.

ANS: owners, operators, disposers, and transporters

PTS: 1

18. Statutes that seek to promote competition among businesses are called
____________________.

ANS: antitrust laws

 PTS: 1

19. The power of a regulatory agency to fix the prices that a business may charge is called
____________________.

ANS: rate-making power

PTS: 1

20. Activities that are illegal regardless of their effect are called ____________________.

ANS: per se violations

PTS: 1

PTS: 1
CHAPTER 5—NATURE AND CLASSES OF CONTRACTS

MULTIPLE CHOICE

1. Contracts:
a. Must be in writing.
b. Can be between any two parties.
c. Must be of a substantial nature.
d. Are binding on all parties.

ANS: D PTS: 1

2. A voidable contract:
a. Must be in writing.
b. Must be rejected by both parties.
c. Gives one party the choice to abide by it or reject it.
d. Is never effective.

ANS: C PTS: 1

3. Simple contracts:
a. Can be implied from the conduct of the parties.
b. Never need to be in writing.
c. Must be in a particular form.
 d. Must be sued on within one year if they are breached.

ANS: A PTS: 1

4. Contracts are important in business because:

a. Failing to perform a contract is a crime.
b. The law provides a remedy to a party if the other fails to perform.
c. All agreements are enforceable.
d. They are of a substantial nature.

ANS: B PTS: 1

5. If Adams advertises a $5,000 reward for information about the robbery of his store and
Jessup tells him who robbed the store:
a. A bilateral contract has been made.
b. There has been a mutual exchange of promises.
c. Only Adams has made a promise.
d. Jessup had a duty to disclose the information.

ANS: C PTS: 1

6. Unjust enrichment:
a. Occurs when both parties to a contract benefit.
b. Is a violation of statutory law.
c. Is used when the parties make a specific agreement.
d. Offends our ethical principles.

ANS: D PTS: 1

TRUE/FALSE

7. A contract is an agreement to do something, but cannot be to refrain from doing something.

ANS: F PTS: 1

8. If the law requires a certain contract to be in a particular form, and it is not in that form, it is
automatically void.

ANS: F PTS: 1
 9. Unlike the case of an oral contract, when a contract is written, there cannot be a dispute
between the parties as to the terms of the agreement.

ANS: F PTS: 1

10. When a contract is required to be sealed, no substitute for an actual seal may be used.

ANS: F PTS: 1

11. Only one party needs to supply consideration to have an enforceable contract.

ANS: F PTS: 1

12. One may have rights and obligations imposed by law when no real contract exists.

ANS: T PTS: 1

COMPLETION

13. The failure of one of the parties to perform the obligations assumed under the contract is
____________________.

ANS: breach of contract

PTS: 1

14. A contract in which the terms of the agreement are not specified in words but understood
from their acts or conduct is called a(n) ____________________.

ANS: implied contract

PTS: 1

15. A formal contract to do an act required by law and entered into before a court is a(n)
____________________.

ANS: recognizance

PTS: 1

16. A contract enforceable against all parties is called a(n) ____________________.

ANS: valid contract

PTS: 1
17. A contract that has been fully performed by all parties is ____________________.

ANS: executed

PTS: 1

18. One benefiting unfairly at the expense of another is called ____________________.

ANS: unjust enrichment

PTS: 1

19. A contract that would be enforceable but, because of the capacity of a party, one or both
parties may set aside is called a(n) ____________________.

ANS: voidable contract

PTS: 1

20. The imposition of rights and obligations by law is called a(n) ____________________
contract.

ANS: quasi

PTS: 1

CHAPTER 6—OFFER AND ACCEPTANCE

MULTIPLE CHOICE

1. A valid offer:
a. Must appear to be seriously intended.
b. Must be expressly stated.
c. Must be in writing.
d. May be accepted by anyone who knows of it.

ANS: A PTS: 1

2. In order to have a valid contract there must be:

a. An offer and an acceptance.
b. A written expression of the terms.
c. A reliable witness if the contract is oral.
 d. An understanding of the terms by one of the parties.

ANS: A PTS: 1

3. For an offer to be accepted:

a. The acceptance must be in writing.
b. Mental intention to accept is sufficient.
c. There is a prescribed procedure the acceptor must follow.
d. The acceptance must be communicated to the person making the offer.

ANS: D PTS: 1

4. A revocation of an offer occurs when:

a. The offeror intends to revoke.
b. A letter of revocation is dictated.
c. The revocation is communicated to the offeree prior to acceptance.
d. The offeror's intent to revoke is clearly shown to a person other than
the offeree.

ANS: C PTS: 1

5. When no time is specified in the offer, the reasonable time an offer is open:
a. Varies with each case depending on the circumstances.
b. Is never more than 30 days.
c. Can never be less than a week.
d. Is set at two weeks.

ANS: A PTS: 1

6. A sales letter is an offer if:

a. The wording is such as to indicate that the writer is merely trying to
evoke an offer on certain terms.
b. It is a circular sales letter.
c. It is an advertisement.
d. It is a personal sales letter containing an offer.

ANS: D PTS: 1

7. An offer can be accepted:

a. In any manner the person receiving it chooses to accept it.
 b. By putting a properly mailed acceptance in a mailbox.
c. Only by the same means by which the offer was communicated.
d. By fax only if it is received by fax.

ANS: B PTS: 1

8. An intended acceptance that varies the offer:

a. Cannot be accepted by the original offeror.
b. Is a rejection of the original offer.
c. Keeps the offer open for negotiation.
d. All of these choices.

ANS: B PTS: 1

TRUE/FALSE

9. An offer directed to a specific individual or firm cannot be accepted by anyone else.

ANS: T PTS: 1

10. All offers for the sale of merchandise must include the price.

ANS: F PTS: 1

11. Considering advertisements and window displays invitations to make offers rather than offers
provides a protection to consumers.

ANS: F PTS: 1

12. An option can be revoked at will.

ANS: F PTS: 1

13. An advertisement may be an offer when it clearly shows it is intended as an offer.

ANS: T PTS: 1

14. An offeree may make an inquiry without rejecting the offer.

ANS: T PTS: 1

MATCHING
 a. Inquiry
b. Invitation
c. Offeree
d. Offeror
e. Option
f. Revocation

15. What advertisements, window displays, and catalogs are normally considered to be.

16. The person who makes a proposal to make a contract./A offer B, A gọi là gì

17. Withdrawal of an offer prior to acceptance.

18. A binding promise to hold an offer open.

19. A request to consider different contract terms without rejecting an offer.

20. The person who accepts an offer, forming a contract.

15. ANS: B PTS: 1

16. ANS: D PTS: 1

17. ANS: F PTS: 1

18. ANS: E PTS: 1

19. ANS: A PTS: 1

20. ANS: C PTS: 1

CHAPTER 7—CAPACITY TO CONTRACT

YES/NO

1. Does the law presume that all parties have the legal competence to contract?

ANS: Y PTS: 1

2. Must a minor always disaffirm a voidable contract during minority or within a reasonable
time after becoming of age?
 ANS: N PTS: 1

3. Is the age in which a person is considered a minor the same in all states?

ANS: N PTS: 1

4. If minors misrepresent their age are can they repudiate contracts with no penalty?

ANS: N PTS: 1

5. May a minor ratify a contract at any time?

ANS: N PTS: 1

6. If a person on drugs cannot understand the meaning of the contract, does that make the
contract voidable?

ANS: Y PTS: 1

TRUE/FALSE

7. Almost all of a minor's contracts are voidable at the minor's option.

ANS: T PTS: 1

8. If a minor does not still have possession of property received under a contract, the contract
cannot be disaffirmed.

ANS: F PTS: 1

9. If two minors enter into a contract, each has the right to avoid it.

ANS: T PTS: 1

10. Silence ratifies a minor's contracts.

ANS: T PTS: 1

11. A person formally adjudicated to be incompetent cannot make a valid contract.

ANS: T PTS: 1

12. All minors are bound on contracts induced by misrepresenting their age.

ANS: F PTS: 1
13. In determining a mentally incompetent person's capacity to contract, the intensity and
duration of the incompetency must be determined.

ANS: T PTS: 1

14. If an intoxicated person make a foolish contract that would not have been entered into if the
party had been sober, that makes the contract voidable.

ANS: F PTS: 1

COMPLETION

15. The liability of an underage person for items required for living at a reasonable standard is
____________________.

ANS: quasi-contractual

PTS: 1

16. The indication of one's willingness to be bound by promises made during minority is
____________________.

ANS: ratification

PTS: 1

17. The repudiation of a contract is called ____________________.

ANS: disaffirmance

PTS: 1

18. To be protected when dealing with a minor, a businessperson should have an adult join in the
contract as a(n) ____________________.

ANS: cosigner

PTS: 1

19. A contract made by a person who has been formally adjudicated incompetent is
____________________.

ANS: void
 PTS: 1

20. A person who has been found by a court to be guilty of a major criminal offense is a(n)
____________________.

ANS: convict

COMPLETION

15. What the promisor requires as the price for a promise is known as ____________________.

ANS: consideration

PTS: 1

16. If a debtor agrees, with approval from the bankruptcy court, to pay a discharged debt, the debt
is ____________________.

ANS: revived

PTS: 1

17. In order for a promise to constitute consideration, the promise must impose a(n)
____________________ upon the person making it.

ANS: obligation

PTS: 1

18. Normally, the adequacy of consideration is ____________________.

ANS: irrelevant

PTS: 1

19. An act performed prior to a promise to pay does not make the promise enforceable and is
called ____________________.

ANS: past performance

PTS: 1

20. In order for a promise to constitute consideration, the promise must impose a(n)
____________________ on the person making the promise.
 ANS: obligation

PTS: 1

MATCHING

a. Fraud in the Execution

b. Fraud in the Inducement
c. Passive fraud
d. Recission
e. Reformation
f. Undue influence

15. Seeking to put the parties in the position they were in before a contact was made.

16. A failure to disclose information when there is a duty to do so.

17. When a person in a special relationship causes another to act contrary to free will.

18. The judicial correction of a contract.

19. A party intends to make a contract and is defrauded into making it.

20. A party is tricked into signing a contract when the nature of the writing could not be
understood.

15. ANS: D PTS: 1

16. ANS: C PTS: 1

17. ANS: F PTS: 1

18. ANS: E PTS: 1

19. ANS: B PTS: 1

20. ANS: A PTS: 1

YES/NO

7. Must all contracts be for a lawful purpose to be achieved in a lawful manner?

 ANS: Y PTS: 1

8. If a contract is indivisible, may parts of it be enforceable?

ANS: N PTS: 1

9. According to most courts, is a loan to enable a person to gamble a gambling debt?

ANS: N PTS: 1

10. Are most violators of Sunday acts rarely prosecuted?

ANS: Y PTS: 1

11. If a borrower has paid a usurious rate of interest will the courts require the lender to refund
the amount in excess of the contract rate?

ANS: Y PTS: 1

12. Is the maximum rate of interest that can be charged the same for all kinds of loans?

ANS: N PTS: 1

13. Is an agreement not to prosecute a thief if stolen goods are returned void?

ANS: Y PTS: 1

14. If a contract has the tendency to obstruct justice is it unenforceable?

ANS: Y PTS: 1

MATCHING

a. Contrary to licensing laws

b. Contract not to compete
c. Gambling contract
d. Legal rate
e. Maximum contract rate
f. Usurious contract

15. A contract to borrow money at a rate of interest in excess of the limit in state law.
16. A contract of a person operating a business or profession without the proper government
approval and certification.

17. A contract wherein the parties stand to win or lose based on pure chance.

18. A contract prohibiting the seller of a business from engaging in business in an area for a
specified length of time.

19. The rate of interest charged when a sale is on credit, but the rate is not agreed upon.

20. A rate of interest above which the rate is usurious.

15. ANS: F PTS: 1

16. ANS: A PTS: 1

17. ANS: C PTS: 1

18. ANS: B PTS: 1

19. ANS: D PTS: 1

20. ANS: E PTS: 1

CHAPTER 11—WRITTEN CONTRACTS

YES/NO

1. Is one of the advantages of a written contract that its existence cannot be denied?

ANS: Y PTS: 1

2. Can an oral contract required under the Statute of Frauds to be in writing be set aside after it
is fully performed?

ANS: N PTS: 1

3. Is an oral contract to sell mineral rights enforceable?

ANS: N PTS: 1

4. If Joe buys a painting on credit and asks the seller to deliver the painting to Margaret, must
the transaction be in writing?

ANS: N PTS: 1
 5. Is a promise to pay the debts of an estate from the personal funds of the executor considered a
contract to become responsible for the debts of another?

ANS: Y PTS: 1

6. Must a promise to pay a sum of money to another in consideration of marriage be in writing

to be enforceable?

ANS: Y PTS: 1

7. Must the note or memorandum required by the Statute of Frauds always set forth all the
material terms of the transaction?

ANS: N PTS: 1

8. Does the parol evidence rule prohibit oral testimony of alteration when a written contract
appears to be complete?

ANS: N PTS: 1

TRUE/FALSE

9. Oral contracts which are required by the Statute of Frauds to be in writing are illegal.

ANS: F PTS: 1

10. If one party has made part performance of an oral contract and would be hurt if the contract
was not enforced, courts will allow enforcement of it.

ANS: T PTS: 1

11. If there is an oral contract to lease a building for 18 months and the building is occupied for
that time, but the rent is not paid, payment can be compelled.

ANS: T PTS: 1

12. The Statute of Frauds only requires the party against whom a claim for breach of promise is
made to have signed a note or memorandum.

ANS: T PTS: 1

13. A written contract that incorporates other writings into it cannot be modified by the other
writings.
 ANS: F PTS: 1

14. The Statute of Frauds applies only to executory contracts.

ANS: T PTS: 1

COMPLETION

15. A contract that cannot be performed within a certain time must be written to be enforceable.
That time is ____________________.

ANS: one year

PTS: 1

16. A breach of a contractual obligation other than the payment of money is called a(n)
____________________.

ANS: default

PTS: 1

17. An obligation to pay money is a(n) ____________________.

ANS: debt

PTS: 1

18. Under the theory of ____________________, a party who has paid money under an oral
contract that is required to be in writing may recover the money.

ANS: unjust enrichment

PTS: 1

19. Spoken words that will not be permitted to modify the terms of a written contract is known as
____________________.

ANS: parol evidence

PTS: 1

20. The Statute of Frauds applies only to ____________________ contracts.

ANS: executory
 PTS: 1
CHAPTER 13—TERMINATION OF CONTRACTS

TRUE/FALSE

1. When a contract states no time for performance the parties may perform at any time.

ANS: F PTS: 1

2. If a contract calls for performance satisfactory to the personal taste of a party, that party may
reject performance on the ground it is not satisfactory even if most people would find the
performance acceptable.

ANS: T PTS: 1

3. All creditors may enforce their contracts after a discharge in bankruptcy.

ANS: F PTS: 1

4. Refusal of a tender of payment discharges a debt.

ANS: F PTS: 1

5. Rescission of a contract releases an aggrieved party from all obligations not yet performed.

ANS: T PTS: 1

6. A party who intentionally and without the consent of the other party alters a written contract
can be held to either the original contract terms or the terms as altered.

ANS: T PTS: 1

MATCHING

a. Discharge
b. Malpractice
c. Performance
d. Satisfactory performance
e. Substantial performance
f. Tender of performance
 7. An offer to carry out an obligation in satisfaction of the terms of a contract.

8. Such nearly complete carrying out of a contract that it would be a great injustice to deny a
party compensation for carrying it out.

9. A party doing what all that is required under the terms of a contract.

10. Failure of a professional person to perform professional services with the duty and care
normally exercised by others in the profession.

11. When the parties to a contract agree not to carry out its terms.

12. When a definite measure of completion exists, completing a contract in a manner that would
satisfy an ordinary, reasonable person.

7. ANS: F PTS: 1

8. ANS: E PTS: 1

9. ANS: C PTS: 1

10. ANS: B PTS: 1

11. ANS: A PTS: 1

12. ANS: D PTS: 1

COMPLETION

13. When a contract does not state the time it is to be carried out, it must ordinarily be carried out
within a(n) ____________________.

ANS: reasonable time

PTS: 1

14. The failure or refusal to perform one's contractual obligations is ____________________.

ANS: breach

PTS: 1

15. An amount of money paid to one part to a contract in order to punish the other party is called
____________________.
 ANS: punitive damages

PTS: 1

16. A sum of money awarded to an injured party is called ____________________.

ANS: damages

PTS: 1

17. When one party, prior to the time the other party is entitled to performance, announces an
intention not to perform there is ____________________.

ANS: anticipatory breach

PTS: 1

18. An offer to pay money in satisfaction of a debt when one has the ability to pay is a(n)
____________________.

ANS: tender of payment

PTS: 1

19. A suit to compel a party to carry out the terms of a contract is a suit for
____________________.

ANS: specific performance

PTS: 1

20. Any form of lawful money is called ____________________.

ANS: legal tender

PTS: 1

CHAPTER 14—NATURE OF PERSONAL PROPERTY

YES/NO

1. Is an interest in land less than complete ownership, such as a leasehold, classified as real
property?
 ANS: N PTS: 1

2. Must a copyright be registered in order for the owner to sue for infringement?

ANS: Y PTS: 1

3. When confusion of property occurs by common consent of the owners, will each party be
considered the owner of a proportionate part of the mass?

ANS: Y PTS: 1

4. May a bailment be established without actual delivery and acceptance of the goods?

ANS: Y PTS: 1

5. Is the bailee in a bailment for the sole benefit of the bailee an insurer of the property?

ANS: N PTS: 1

6. When the bailment is for the sole benefit of the bailor, may the bailee receive the benefits of
ownership during the bailment?

ANS: N PTS: 1

TRUE/FALSE

7. Title to property is transferred by will after the person who made the will dies and appropriate
judicial proceedings have taken place.

ANS: T PTS: 1

8. A bailment arises when property is left for repair even though when returned it is repaired
and therefore not identical to the property left.

ANS: T PTS: 1

9. In order to have a valid gift, the donor need only have the intention to make the gift.

ANS: F PTS: 1

10. The laws of an intestate's state of residence determine how the heirs acquire title to personal
property.

ANS: T PTS: 1
11. A bailee rendering services in a mutual benefit bailment always receives a fee or monetary
payment.

ANS: F PTS: 1

12. The finder of lost property has a right of possession against everyone.

ANS: F PTS: 1

13. There cannot be a bailment of fungible goods.

ANS: F PTS: 1

14. A bailment is based upon and governed by a contract.

ANS: T PTS: 1

MATCHING

a. Abandoned property
b. Accession
c. Bailee
d. Bailment
e. Bailor
f. Lost property

15. The transfer of possession of personal property on condition the property will be returned.

16. Acquiring property by means of adding personal property of another.

17. Property unintentionally left with no intention to discard it.

18. Property that has been discarded with no intention to reclaim it.

19. The person who temporarily gives up possession of personal property to another.

20. The person who is temporarily given possession of personal property by its owner.

15. ANS: D PTS: 1

16. ANS: B PTS: 1

17. ANS: F PTS: 1

18. ANS: A PTS: 1

19. ANS: E PTS: 1

20. ANS: C PTS: 1

CHAPTER 15—SPECIAL BAILMENTS

YES/NO

1. Is a common carrier of goods an insurer of the safety of the transported goods?

ANS: Y PTS: 1

2. May a common carrier refuse service because the service is not one for which it is properly
equipped?

ANS: Y PTS: 1

3. Is a common carrier liable for damage if health official seize goods that are a menace to
health?

ANS: N PTS: 1

4. May a common carrier limit its extraordinary liability simply by writing the limitation in its
printed bill of lading form?

ANS: N PTS: 1

5. Must a hotelkeeper serve without discrimination all who request lodging?

ANS: Y PTS: 1

6. Is a passenger on a common carrier entitled to a seat?

ANS: N PTS: 1

TRUE/FALSE

7. The laws of hotelkeepers do not apply to boardinghouse keepers.

ANS: T PTS: 1
 8. A carrier's high degree of liability lasts until the goods are picked up after being transported.

ANS: F PTS: 1

9. The initial and final carriers are each liable for a common-carrier loss occurring on the line of
a connecting carrier.

ANS: T PTS: 1

10. A third party may obtain greater rights than the original shipper or consignee had.

ANS: F PTS: 1

11. A carrier must notify passengers of arrival at destinations and stop long enough to permit
them to disembark.

ANS: T PTS: 1

12. A hotel that caters to both permanent residents and transients is a hotelkeeper only with
respect to the transients.

ANS: T PTS: 1

13. A hotelkeeper is liable even if a guest's behavior increases the risk of criminal attack.

ANS: F PTS: 1

14. If hotel charges are not paid within a reasonable time, the hotelkeeper may sell a guest's
baggage to pay the charges and keep any amount obtained thereby.

ANS: F PTS: 1

COMPLETION

15. The person who ships by common carrier is the ____________________.

ANS: consignor

PTS: 1

16. A person engaged in the business of transporting goods or persons for a fee only under
special instances and arrangements is a(n) ____________________.

ANS: private carrier

 PTS: 1

17. A contract requiring delivery of shipped goods only to the person to whom they are shipped
is called a(n) ____________________ bill of lading.

ANS: straight

PTS: 1

18. The final carrier of a shipment of goods is called the ____________________.

ANS: terminal carrier

PTS: 1

19. A transient person who has been received by a hotel for accommodations is a(n)
____________________.

ANS: guest

PTS: 1

20. A person regularly engages in the business of offering lodging to all transient persons is a(n)
____________________.

ANS: hotelkeeper

PTS: 1

QUIZ 1
1. Courts are classified as: *
a. Federal courts
b. State courts
c. Municipal courts
d. Courts may also be classified as trial courts and appellate courts.
ABC

2. Federal courts are classified as: *

a. Special federal courts, District courts, Circuit courts of appeals, U.S. Supreme Court
b. Federal courts, state courts , municipal courts
c. Inferior courts, Courts of original general jurisdiction, Appellate courts, Special courts
d. all of above are correct
A

3 .State courts are classified as: *

a. Special federal courts, District courts, Circuit courts of appeals, U.S. Supreme Court
b. Federal courts, state courts , municipal courts
c. Inferior courts, Courts of original general jurisdiction, Appellate courts, Special courts
d. all of above are correct
C

4. Personal property is *

a. movable property
b. physical property
c. rights to money
d. shares
ABC

5. which is not type of bailments?

a. A bailment for the sole benefit of the bailor exists when the bailee receives no benefit from
the agreement. The bailee in this case must take slight care of the property.
b. A bailment for the sole benefit of the bailee exists when the bailor does not receive benefits
from or compensation for the bailment. In this case the bailee must take great care of the
property and is liable for damages caused by even slight negligence.
c. A mutual-benefit bailment exists when both are benefited by the agreement. In this case the
bailee must exercise reasonable care. The bailee who charges a fee in a mutual-benefit
bailment has as security for the fee a specific lien on the bailed property.
d. the rights and duties of the contracting parties.
D

6. is an argument raised by the defendant indicating why the plaintiff should not obtain the
remedy sought?
a. remedies
b. laches
c. precedent
d. defense
Other:

7. A federal, state, or local government agency established to perform a specific function.

Administrative agencies are authorized by legislative acts to make and enforce rules to
administer and enforce the acts.
a. standing to sue
b. administraetive agency
c. statue of limitation
d. deposition
Other:

8. interest in real property given to secure payment of a debt. The mortgagor retains
possession of the mortgaged property, but upon default, the mortgagee may take possession
and sell at foreclosure.
a. mortgage
b. administraetive agency
c. statue of limitation
d. deposition
Other:

9. spells out the rights and duties that exist between individual persons *
a. purpose of law
b. administrative law
c. criminal law
d. civil law
Other:
10. spells out the rights and duties that exist between persons and the government *
a. purpose of law
b. administrative law
c. criminal law
d. civil law
Other:

11. These have to do with wrongs committed against society and the public in general *
a. purpose of law
b. administrative law
c. criminal law
d. criminal law
Other:

12. often used as a substitute for the ordinary form of mortgage for the purpose of securing a
debt. *
a. deed of trust
b. administrative notice
c. cancellation of the lien
d. redemption
Other:

13. a lien given upon real estate to secure a debt. *

a. deed of trust
b. A mortgage
c. cancellation of the lien
d. redemption
Other:

14. the transfer of possession, but not the title, of personal property on condition that the
identical property will be returned or appropriately accounted for at a future date. *
a. deed of trust
b. A mortgage
c. A bailment
d. redemption
Other:

15. The power or authority each court has to hear cases *

a. federal courts
b. state courts
c. jurisdiction
d. function of courts
C

QUIZ 2

Justice system based on fairness, provides relief other than merely money damages *
restraining order
injunction
equity @
 
source of law

 
Court's temporary order forbidding an action *
5/5
restraining order @
 
injunction
equity
source of law
Other:

Court's permanent order forbidding an action *

5/5
restraining order
injunction @
 
equity
source of law
Other:

Fist ten amendments to U.S Constitutions *

5/5
Statute
Bill of Rights @
 
equity
source of law
Other:
 

Document that contains fundamental priciples of a government *

5/5
Statute
Bill of Rights
Constitution @
 
source of law
 

Law enacted by legislative bodies *

0/5
Statute
Bill of Rights
constitution
 
source of law
Correct answer
Statute
 

Law enacted by cities *

0/5
Statute
 
Bill of Rights
Ordinance
Code
Correct answer
Ordinance
 

Collection of laws, rules, or regulations *

0/5
Statute
Bill of Rights
 
Ordinance
Code
Correct answer
Code
 

principle that a court decision controls the decision of a similar future case *
5/5
Statute
Stare decisis
 
Ordinance
Code
Correct answer
Stare decisis
 

law dealing with enforcement or protection of private rights *

5/5
civil law @
 
criminal law
administration law
business law

law dealing with offenses against society *

5/5
civil law
criminal law@
 
administration law
business law
 

failure to exercise reasonable care 

0/5
tort
negligence
ethics
 
felony

Correct answer
negligence
 

private wrong for which damages may be recovered *

5/5
tort

 
negligence
ethics
felony

principles that determine the morality of conduct, its motives, and its duties *
0/5
tort
negligence
 
ethics
felony

Correct answer
ethics
 

laws allowing a state to have jurisdiction over nonresidents *

5/5
jurisdiction
negligence
long -arm Statutes@
 
felony

Court that reviews decision of another court *

5/5
jurisdiction
trial court
long -arm Statutes
appellate court
 
Court that conducts original trial of a case *
0/5
jurisdiction
trial court
long -arm Statutes
appellate court
 
Correct answer
trial court
 

Federal trial court with limited jurisdiction *

5/5
jurisdiction
trial court
Special Federal Court@
 
Federal District Court
 

Trial court of federal court system *

0/5
jurisdiction
trial court
 
Special Federal Court
Federal District Court
Correct answer
Federal District Court
 
Federal jurisdiction based on parties being from different states *
5/5
Diversity jurisdiction
 
trial court
Special Federal Court
Federal District Court

Quiz 4 LAW 101

 

They are those which are either not existing, or are existing but not yet owned by the seller.
0/2
existing goods
identified goods
 
future goods@
None of them
 

Good picked to be delivered to the buyer

0/2
existing goods
 
identified goods@
future goods
None of them
 
Goods that are in being and owned by the seller
2/2
existing goods@
 
identified goods
future goods
None of them
 

A distinction is made between a sale and a contract to sell: (i) A sale is an agreement whereby
title passes immediately to the buyer. (ii). A contract to sell is an agreement whereby the title
is to pass to the buyer at some future time.
0/2
True/ true@
True/ False
False/ False
False/ True
 
Correct answer
True/ true
 

contract to sell and contract for future goods are: (i) the same in meaning; (ii) applied to
future goods only
0/2
True/ true
True/ False
 
False/ False
False/ True
Correct answer
False/ False
 

Four sources of US law are

2/2
judicial decisions, constitutions, statutes, and administrative agency orders@
 
civil law, criminal law
None of them
All of them
 

Document that contains fundamental principles of a government

0/2
Constitutions
Statutes
 
Code
Bill of Rights
Correct answer
Constitutions
 

A contract entered into by a corporation that is not authorized by any of its powers, express,
incidental, or implied
0/2
Valid contracts, void agreements, and voidable contracts
Express and implied
Formal and simple
 
ultra vires contract
Correct answer
ultra vires contract
 

Systematic collection of laws, rules, or regulations of a governing authority

0/2
Constitutions
Statutes
Code
Bill of Rights
 
Correct answer
Code
 

partner who take no part in firm

2/2
General partners
Silent partner@
 
Secret partner
Dormant partner
 

Disadvantages of partnership
0/2
Capital and skill may be increased.
Labor made more efficient.
Ratio of expenses per dollar reduced
 
Unlimited liability of each partner for the debts of the partnership
Correct answer
Unlimited liability of each partner for the debts of the partnership
 

Disadvantages of Sole Proprietorship

0/2
Unlimited liability for debts of the business.
Management ability of one person limits the business.
Liable for torts, crimes, and all faults of the business.
 
all of others are correct
Correct answer
all of others are correct
 

Partnership with at least one limited partner

2/2
Ordinary or general partnerships
Limited partnerships @
 
Trading and non-trading partnerships
Management ability of one person limits the business.
all of others are correct
 

Capital contribution is maximum loss

0/2
Limited liability
Limited partnerships
 
Limited liability company
all of others are correct
Correct answer
Limited liability
 

Association of people created by law into an entity

0/2
corporation
quasi corporation
Limited liability company
 
all of others are correct

Correct answer
corporation
 

This is one that was not made by the seller, but is imposed by the law
2/2
express wanranty
implied warranty@
 
none of above
all of above
 

This is a party that commits a tort, or civil wrongdoing, which is also referred to as a
defendant.
0/2
Tort
title
 
Stare decicis
tortfeasor
Correct answer
tortfeasor
 

One function of the courts is to interpret the laws passed by the legislative branch of
government. This is true for
2/2
USA@
 
Vietnam
French
Vietnam and USA
 

Which is the highest courts in USA?

2/2
Special federal courts
District courts
Circuit courts of appeals
U.S. Supreme Court@ 

If a contract is breached by one party, the other party may:

0/2
Sue for damages. Damages may be nominal, compensatory, punitive, or liquidated.
 
Rescind the contract. If the innocent party has executed the contract, anything parted with
may be recovered.
Sue for specific performance. This remedy is available in real estate contracts and contracts
for the sale of rare articles of personal property, such as heirlooms, the value of which cannot
be readily determined.
None of above is correct
all of others are correct@
Correct answer
all of others are correct
 

The power or authority of a court to hear cases

2/2
jurisdiction.@
 
court
precedent
decisions
 

court decision that determines the decision in subsequent, similar case

0/2
jurisdiction.
court
 
precedent
decisions
precedent@
 

transfer of possession of goods for purpose of sale

2/2
jurisdiction.
court
consignment@
 
decisions
 

according to Vietnamese law, when will transfer risk from seller to buyer
0/2
at the first place of transportation
at the seller's premise
 
at the buyer's premise
on the way to the buyer's
Correct answer
at the buyer's premise
 

Offeree's response that rejects offer by varying its terms

2/2
offer
acceptance
courteroffer@
 
conditional sale
 

(i) An individual may subscribe and pay for the stock. (ii) Stock may also be obtained by gift
or purchase from another stockholder
2/2
true/ true
true/ false
false/ true@
 
false/ false
 

voluntary association of two or more people to carry on a business for profit.

2/2
corporation
partnership@
 
Joint-stock company
Joint ventures
 

entity which issues shares of stock, but investors have unlimited liability.
2/2
corporation
partnership
Joint-stock company@
Joint ventures
 

business relationship similar to partnership existing for a single transaction.

2/2
corporation
partnership
Joint-stock company
Joint ventures@
 
 

one who agree to buy stock in proposed corporation

0/2
seller
buyer
subcriber
 
nominator
Correct answer
nominator
 

QUIZ ?
1. Defendant- the party being sued plaintiff- the suing party

A. Privileges and Immunity Clause 

B. Free- Exercise Clause

C. Defendant vs plaintiff

D. What is discovery and what are the different kinds?

C

2. Constitution, Statutory Law, Court Mandated Law, Agency Regulations, Treaties

A. Who gives the Jury Instructions?

B. Civil vs. Criminal Law

C. Articles of Confederation

D. Sources of American Legal System

D

3. States that the right of the people to keep and bear arms shall not be infringed.

A. 3 Branches of Government 
B. Establishment Clause
 C. 14th Admendment

D. 2nd Admendment
D

4. Motion for a new trial if they believe that the jury was in error

A. Jurisdiction Requirements for federal courts

B. After a verdict comes in, what are the options that the judge has?

What is the time frame to where a lawsuit can be filed? What happens when it's filed?
How long it takes before an answer has

C. to be filed?

D. Full Faith and Credit Clause

B

5. Our system of government and justice is built on the principle of "Stare Decisis"
which means to stand on precedence. In other words we look to how statutes and cases
were decided before and try and use those as a beginning in the search for justice.
Each case brings its own set of facts and information that make it unique and so helps
determine what the law in fact becomes.

A. In Rem jurisdiction

B. Write of execution

C. Stare Decisis

D. Supremacy Clause
C

Ultra vires contract (hd vượt khả năng) -> revoke

13. If goods may be offered for sale ___________________, then goods cannot be withdrawn
after the bidding starts unless no bid is received:
a. With reserve.
 b. Without reserve.
c. Both “with reserve” and “without reserve”.
d. None of above.

ANS: B PTS: 1
A business organization in which one or more partners have their liability for the firm’s debts
limited to the amount of their investment is called:
a. Ordinary partnerships.
b. General partnerships.
c. Limited partnerships.
d. Trade and nontrading partnerships.

ANS: C PTS: 1

19. Stockholders give up their voting privileges by transferring their stock to a trustee and
receiving in return ______________________ certificates:
a. Cumulative voting.
b. Voting trust.
c. Absentee voting.
d. None of above.

ANS: B PTS: 1

2. A contract in which the parties express their intentions by words, whether in writing or orally,
at the time they made the agreement is called:
a. Express contract.
b. Normal contract.
 c. Executed contract.
d. Implied contract.

ANS: A PTS: 1
3. The consideration in a sales contract is generally expressed in terms of money or
money’s worth and is known as the ______________.
a. Cost.
b. Expense.
c. Price.
d. All.

ANS: C PTS: 1
Merger and Consolidation are different to the extent which:

To Merger, one corporation is dissolved and the other is still

existed, while to Consolidation, both of corporations are
dissolved.

Under UCC, what is the difference between a sale and a contract to sell?

When a sale is made, the title, or the ownership of a subject matter, is

transferred at once; when a contract to sell is made, title will be

What is the difference between the assignment and the delegation under
contract?
An assignment is the transfer of rights in a contract, while a delegation is
strictly a transfer of duties.

A voidable contract and void contract are different up to the point that (
).
Void contract is always invalid, while voidable contract is
invalid only by disaffirmance of one party

Consignment
FOB-Free on board
COD-Cash on delivery

The chief functions of the court are to ( ).

Interpret and apply the law from whatever source to a given situation.

Taken an approach of governmental unit setting up the court, the court may be divided into federal
court (tòa án liên bang), state court(tòa ban từng bang) and municipal courts.
Hệ thống tòa án (trang 14,16)

A non-party to a contract to whom the promisee owes an obligation that would be discharged to the
extent that the promisor performs the promise:
a. Assignee
b. Assignor
c. Creditor beneficiary (tìm thêm về người thụ hưởng thứ 3 third-party
beneficiary
d. Donee beneficiary
A statement "this is a good engine" is ( ).
Merely the seller's opinion

Sở hữu tài sản chung

“Tenancy in common”,
“Joint tenancy”
“Tenancy in entirety”->chỉ vợ chồng

1 corporation có 3 power
Implied power
Express power
Incidental power

Trademark, copyright

Fungible goods are goods of homogeneous nature sold by weight or measure.

Joint venture, limited liability company, joint stock company

Assignment, delegation, novation

Receipt, bill of sale

Usury law

Phân loại hợp đồng chap 5

Existing good, identified goods, future good, nonresellable good

2 main types of property: real property, personal property

CHAPTER 1—INTRODUCTION TO LAW

MULTIPLE CHOICE

1. The legal system we have in America:

b. Is based heavily on the English legal system of common law and
equity.

2. Courts of equity:
Provided preventative action.

3. Judicial interpretation is important to the legal process because:

c. Interpretations by the highest courts set precedents follow by lower
courts.
4. The document containing specific guarantees of individual liberty is:/ ten first amendments in
US Constitution
a. The Bill of Rights.
5. Administrative agencies:
a. Have the power to regulate particular matters or implement laws.
6. A criminal action:
d. Punishes offenses that injure society as a whole.

7. The crimes that carry the most severe penalties are called:
b. Felonies.
8. A tort:
c. Is a civil wrong for which damages may be recovered.
9. Ethical principles:
b. Are developed from religious beliefs, experience, and cultural
background.
10. Ethical standards in business:
b. Help determine an individual's business practices.
CHAPTER 2—COURTS AND COURT PROCEDURE
MULTIPLE CHOICE

1. In order 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.

ANS: C PTS: 1

2. 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.

ANS: B PTS: 1

3. Federal district courts:

a. Are appellate courts.
b. Do not hear criminal cases.
c. Have jurisdiction of civil suits where the amount in controversy is less
than $5,000.
d. Hear all criminal cases involving a violation of federal law.

ANS: D PTS: 1

4. The U.S. Supreme Court:

a. Does not have original jurisdiction of 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.

ANS: B PTS: 1

5. 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's.
c. The verdict may never be set aside.
d. The defendant has the burden of proof.
 ANS: A PTS: 1

6. 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.

ANS: C PTS: 1

YES/NO

7. Are there two court systems in every state because the federal and state court systems have
very different functions?

ANS: N PTS: 1

8. Is it the chief function of courts to interpret and apply the law to a given situation?

ANS: Y PTS: 1

9. May the parties in a civil action normally represent themselves in court?

ANS: Y PTS: 1

10. Must parties to civil or criminal actions always be represented by lawyers?

ANS: N PTS: 1

11. Is it the plaintiff who has the burden of proving facts adequate to support the allegations in
the complaint?

ANS: Y PTS: 1

12. Is a decision of a federal court of appeals binding upon all lower courts?

ANS: N PTS: 1

13. Does a jury decide points of law as well as the weight to be given to evidence?

ANS: N PTS: 1
14. Is it much simpler to file and try a suit in a small claims court?

ANS: Y PTS: 1

MATCHING

a. Admission
b. Answer
c. Interrogatory
d. Jurisdiction
e. Summons
f. Venue

15. A written question to be answered in writing. : Interrogatory

16. Notice of a law suit.: Summons

17. The location where a case is to be tried.:Venue

18. The request to agree that a certain fact is true or a matter of law is decided.:Admission

19. The defendant's response to the facts alleged in a complaint. Answer

20. The authority of a court to hear a case. Jurisdiction

15. ANS: C PTS: 1

16. ANS: E PTS: 1

17. ANS: F PTS: 1

18. ANS: A PTS: 1

19. ANS: B PTS: 1

20. ANS: D PTS: 1

PTS: 1
CHAPTER 3—BUSINESS TORTS AND CRIMES

TRUE/FALSE
 1. In order to recover for a tort based on negligence, an injured person must show a duty of the
other person, a breach of the duty, and that the breach was the actual and proximate cause of
the injury and injury or damage.

ANS: T PTS: 1

2. There is a tort of interference with a contract or economic advantage whenever a person

causes a party to a contract to break off the contract.

ANS: F PTS: 1

3. A trademark gives the owner an exclusive right to use a word to distinguish a product.

ANS: T PTS: 1

4. Any word or symbol qualifies for protection as a trademark.

ANS: F PTS: 1

5. A trademark must be registered.

ANS: F PTS: 1

6. Civil suits under RICO have been popular because the law provides recovery of three times
the damages suffered.

ANS: T PTS: 1

7. Computer trespass can be harmless.

ANS: T PTS: 1

8. Imitation of another's trademark does not always constitute infringement.

ANS: F PTS: 1

MATCHING

a. Business Crime
b. Confusion of source
c. Embezzlement
d. Injurious falsehood
e. Theft
f. Unfair competition
 9. The fraudulent conversion of lawfully possessed property. :Embezzlement

10. Representing goods or services as being the goods or services of someone else :Confusion of
source

11. A false statement of face that degrades the quality of another's goods or services. Injurious
falsehood

12. When the total impression a product gives to the consumer results in confusion as to the
origin of the product. Unfair competition

13. Taking another's property without consent.Theft

14. A crime committed by using a business. Business crime

9. ANS: C PTS: 1

10. ANS: B PTS: 1

11. ANS: D PTS: 1

12. ANS: F PTS: 1

13. ANS: E PTS: 1

14. ANS: A PTS: 1

COMPLETION

15. A person whose action causes a private wrong or injury to another is called a(n)
____________________.

ANS: tortfeasor

PTS: 1

16. A doctrine that makes manufacturers liable without proof of negligence is called
____________________.

ANS: strict tort liability

PTS: 1
17. Telling a third person a false statement is called ____________________.

ANS: communication

PTS: 1

18. A word, symbol, device, or combination of them used to identify and distinguish goods is
____________________.

ANS: trademark

PTS: 1

19. Taking and carrying away of property without consent is ____________________.

ANS: larceny

PTS: 1

20. Causing all of a bank's deposits to be credited to one person's account constitutes a business
____________________.

ANS: fraud

PTS: 1

ESSAY

21. Jim Adams, a high school student, was considered by his friends to be very good with
computers. In order to show off his abilities Jim decided to try to break in to the Department
of Defense computers in the Pentagon and leave some kind of message. If he is successful at
breaking in, but is eventually detected, what would he be called? Could he be in any real
trouble?

ANS:
If Jim is successful in breaking in to the Department of Defense computers and leaving a
message, he would be in very serious trouble. Jim would be a hackeran unauthorized
outsider who gained access to someone else's computer system and he would have committed
a computer trespass. Computer trespass is the use of computer time without permission and is
technically the theft of computer time. If he does no more than leave a message he has
committed a crime and hacking into the Department of Defense computers would probably be
considered a threat to national security.

PTS: 1
CHAPTER 4—GOVERNMENT REGULATION OF BUSINESS

MULTIPLE CHOICE

1. CERCLA imposes liability for cleanup of hazardous substances on:

a. Owners of contaminated sites.
b. Disposers of the substances.
c. Operators of contaminated sites.
d. All of these choices.

ANS: D PTS: 1

2. Government regulation of business:

a. Is to set rules under which some businesses compete.
b. Is to discourage abuses.
c. Is to enhance the quality of life for a select few in society.
d. Affects the operation of only a few businesses.

ANS: A PTS: 1

3. No administrative agencies have the power to:

a. Enact rules that cannot be appealed.
b. Fix the prices that a business may charge.
c. Determine whether the activity of the entity regulated is acceptable or
not.
d. Allow a business to enter the field being regulated.

ANS: A PTS: 1

4. The purpose of antitrust laws is to:

a. Promote competition among businesses.
b. Prohibit restraints of trade.
c. Prohibit acts that tend to create a monopoly.
d. All of these choices.

ANS: D PTS: 1

5. The Water Pollution and Control Act:

a. Seeks to restore the proper chemistry only of navigable waters.
b. Allows suits by private citizens.
 c. Provides only civil remedies.
d. Is enforced by municipalities and local governments.

ANS: B PTS: 1

6. Most administrative agency regulation:

a. Is used to increase the federal government's revenue.
b. Is not done by administrative agencies, but by individual officials.
c. Exists because of the complex nature of the area of regulation.
d. Exists because the nature of the area of regulation is so simple.

ANS: C PTS: 1

YES/NO

7. Are all administrative agencies run by a commission?

ANS: N PTS: 1

8. May a business legally make sales at unreasonably low prices in order to eliminate
competition?

ANS: N PTS: 1

9. Generally, is it the activity itself, not its effect, that is the most important element in deciding
whether the Sherman Act has been violated?

ANS: N PTS: 1

10. Does most administrative agency regulation occur because of the complex nature of the area
of regulation?

ANS: Y PTS: 1

11. May private citizens sue on the basis of the Water Pollution and Control Act?

ANS: Y PTS: 1

12. Does CERCLA impose liability only on current owners of facilities where hazardous
substances have been released?

ANS: N PTS: 1
13. Must all persons who generate or transport hazardous waste, and owners and operators of
facilities for the treatment, storage, or disposal of such waste, obtain a permit?

ANS: Y PTS: 1

14. Under the Clean Air Act, do the states set minimum standards for air quality?

ANS: N PTS: 1

COMPLETION

15. Agencies that dispense benefits for social and economic welfare are called
____________________.

ANS: nonregulatory agencies

PTS: 1

16. Enacting administrative rules by publishing the proposed rule and then the final rule without
holding formal hearings is called ____________________.

ANS: notice and comment rule making

PTS: 1

17. The four groups of people on whom CERCLA imposes liability are ____________________,
____________________, ____________________, and ____________________.

ANS: owners, operators, disposers, and transporters

PTS: 1

18. Statutes that seek to promote competition among businesses are called
____________________.

ANS: antitrust laws

PTS: 1

19. The power of a regulatory agency to fix the prices that a business may charge is called
____________________.

ANS: rate-making power

PTS: 1
20. Activities that are illegal regardless of their effect are called ____________________.

ANS: per se violations

PTS: 1

PTS: 1
CHAPTER 5—NATURE AND CLASSES OF CONTRACTS

MULTIPLE CHOICE

1. Contracts:
a. Must be in writing.
b. Can be between any two parties.
c. Must be of a substantial nature.
d. Are binding on all parties.

ANS: D PTS: 1

2. A voidable contract:
a. Must be in writing.
b. Must be rejected by both parties.
c. Gives one party the choice to abide by it or reject it.
d. Is never effective.

ANS: C PTS: 1

3. Simple contracts:
a. Can be implied from the conduct of the parties.
b. Never need to be in writing.
c. Must be in a particular form.
d. Must be sued on within one year if they are breached.

ANS: A PTS: 1

4. Contracts are important in business because:

a. Failing to perform a contract is a crime.
b. The law provides a remedy to a party if the other fails to perform.
c. All agreements are enforceable.
 d. They are of a substantial nature.

ANS: B PTS: 1

5. If Adams advertises a $5,000 reward for information about the robbery of his store and
Jessup tells him who robbed the store:
a. A bilateral contract has been made.
b. There has been a mutual exchange of promises.
c. Only Adams has made a promise.
d. Jessup had a duty to disclose the information.

ANS: C PTS: 1

6. Unjust enrichment:
a. Occurs when both parties to a contract benefit.
b. Is a violation of statutory law.
c. Is used when the parties make a specific agreement.
d. Offends our ethical principles.

ANS: D PTS: 1

TRUE/FALSE

7. A contract is an agreement to do something, but cannot be to refrain from doing something.

ANS: F PTS: 1

8. If the law requires a certain contract to be in a particular form, and it is not in that form, it is
automatically void.

ANS: F PTS: 1

9. Unlike the case of an oral contract, when a contract is written, there cannot be a dispute
between the parties as to the terms of the agreement.

ANS: F PTS: 1

10. When a contract is required to be sealed, no substitute for an actual seal may be used.

ANS: F PTS: 1

11. Only one party needs to supply consideration to have an enforceable contract.
 ANS: F PTS: 1

12. One may have rights and obligations imposed by law when no real contract exists.

ANS: T PTS: 1

COMPLETION

13. The failure of one of the parties to perform the obligations assumed under the contract is
____________________.

ANS: breach of contract

PTS: 1

14. A contract in which the terms of the agreement are not specified in words but understood
from their acts or conduct is called a(n) ____________________.

ANS: implied contract

PTS: 1

15. A formal contract to do an act required by law and entered into before a court is a(n)
____________________.

ANS: recognizance

PTS: 1

16. A contract enforceable against all parties is called a(n) ____________________.

ANS: valid contract

PTS: 1

17. A contract that has been fully performed by all parties is ____________________.

ANS: executed

PTS: 1

18. One benefiting unfairly at the expense of another is called ____________________.

ANS: unjust enrichment

 PTS: 1

19. A contract that would be enforceable but, because of the capacity of a party, one or both
parties may set aside is called a(n) ____________________.

ANS: voidable contract

PTS: 1

20. The imposition of rights and obligations by law is called a(n) ____________________
contract.

ANS: quasi

PTS: 1

CHAPTER 6—OFFER AND ACCEPTANCE

MULTIPLE CHOICE

1. A valid offer:
a. Must appear to be seriously intended.
b. Must be expressly stated.
c. Must be in writing.
d. May be accepted by anyone who knows of it.

ANS: A PTS: 1

2. In order to have a valid contract there must be:

a. An offer and an acceptance.
b. A written expression of the terms.
c. A reliable witness if the contract is oral.
d. An understanding of the terms by one of the parties.

ANS: A PTS: 1

3. For an offer to be accepted:

a. The acceptance must be in writing.
b. Mental intention to accept is sufficient.
c. There is a prescribed procedure the acceptor must follow.
d. The acceptance must be communicated to the person making the offer.
 ANS: D PTS: 1

4. A revocation of an offer occurs when:

a. The offeror intends to revoke.
b. A letter of revocation is dictated.
c. The revocation is communicated to the offeree prior to acceptance.
d. The offeror's intent to revoke is clearly shown to a person other than
the offeree.

ANS: C PTS: 1

5. When no time is specified in the offer, the reasonable time an offer is open:
a. Varies with each case depending on the circumstances.
b. Is never more than 30 days.
c. Can never be less than a week.
d. Is set at two weeks.

ANS: A PTS: 1

6. A sales letter is an offer if:

a. The wording is such as to indicate that the writer is merely trying to
evoke an offer on certain terms.
b. It is a circular sales letter.
c. It is an advertisement.
d. It is a personal sales letter containing an offer.

ANS: D PTS: 1

7. An offer can be accepted:

a. In any manner the person receiving it chooses to accept it.
b. By putting a properly mailed acceptance in a mailbox.
c. Only by the same means by which the offer was communicated.
d. By fax only if it is received by fax.

ANS: B PTS: 1

8. An intended acceptance that varies the offer:

a. Cannot be accepted by the original offeror.
b. Is a rejection of the original offer.
 c. Keeps the offer open for negotiation.
d. All of these choices.

ANS: B PTS: 1

TRUE/FALSE

9. An offer directed to a specific individual or firm cannot be accepted by anyone else.

ANS: T PTS: 1

10. All offers for the sale of merchandise must include the price.

ANS: F PTS: 1

11. Considering advertisements and window displays invitations to make offers rather than offers
provides a protection to consumers.

ANS: F PTS: 1

12. An option can be revoked at will.

ANS: F PTS: 1

13. An advertisement may be an offer when it clearly shows it is intended as an offer.

ANS: T PTS: 1

14. An offeree may make an inquiry without rejecting the offer.

ANS: T PTS: 1

MATCHING

a. Inquiry
b. Invitation
c. Offeree
d. Offeror
e. Option
f. Revocation

15. What advertisements, window displays, and catalogs are normally considered to be.
16. The person who makes a proposal to make a contract./A offer B, A gọi là gì

17. Withdrawal of an offer prior to acceptance.

18. A binding promise to hold an offer open.

19. A request to consider different contract terms without rejecting an offer.

20. The person who accepts an offer, forming a contract.

15. ANS: B PTS: 1

16. ANS: D PTS: 1

17. ANS: F PTS: 1

18. ANS: E PTS: 1

19. ANS: A PTS: 1

20. ANS: C PTS: 1

CHAPTER 7—CAPACITY TO CONTRACT

YES/NO

1. Does the law presume that all parties have the legal competence to contract?

ANS: Y PTS: 1

2. Must a minor always disaffirm a voidable contract during minority or within a reasonable
time after becoming of age?

ANS: N PTS: 1

3. Is the age in which a person is considered a minor the same in all states?

ANS: N PTS: 1

4. If minors misrepresent their age are can they repudiate contracts with no penalty?

ANS: N PTS: 1
 5. May a minor ratify a contract at any time?

ANS: N PTS: 1

6. If a person on drugs cannot understand the meaning of the contract, does that make the
contract voidable?

ANS: Y PTS: 1

TRUE/FALSE

7. Almost all of a minor's contracts are voidable at the minor's option.

ANS: T PTS: 1

8. If a minor does not still have possession of property received under a contract, the contract
cannot be disaffirmed.

ANS: F PTS: 1

9. If two minors enter into a contract, each has the right to avoid it.

ANS: T PTS: 1

10. Silence ratifies a minor's contracts.

ANS: T PTS: 1

11. A person formally adjudicated to be incompetent cannot make a valid contract.

ANS: T PTS: 1

12. All minors are bound on contracts induced by misrepresenting their age.

ANS: F PTS: 1

13. In determining a mentally incompetent person's capacity to contract, the intensity and
duration of the incompetency must be determined.

ANS: T PTS: 1

14. If an intoxicated person make a foolish contract that would not have been entered into if the
party had been sober, that makes the contract voidable.

ANS: F PTS: 1
COMPLETION

15. The liability of an underage person for items required for living at a reasonable standard is
____________________.

ANS: quasi-contractual

PTS: 1

16. The indication of one's willingness to be bound by promises made during minority is
____________________.

ANS: ratification

PTS: 1

17. The repudiation of a contract is called ____________________.

ANS: disaffirmance

PTS: 1

18. To be protected when dealing with a minor, a businessperson should have an adult join in the
contract as a(n) ____________________.

ANS: cosigner

PTS: 1

19. A contract made by a person who has been formally adjudicated incompetent is
____________________.

ANS: void

PTS: 1

20. A person who has been found by a court to be guilty of a major criminal offense is a(n)
____________________.

ANS: convict

COMPLETION

15. What the promisor requires as the price for a promise is known as ____________________.
 ANS: consideration

PTS: 1

16. If a debtor agrees, with approval from the bankruptcy court, to pay a discharged debt, the debt
is ____________________.

ANS: revived

PTS: 1

17. In order for a promise to constitute consideration, the promise must impose a(n)
____________________ upon the person making it.

ANS: obligation

PTS: 1

18. Normally, the adequacy of consideration is ____________________.

ANS: irrelevant

PTS: 1

19. An act performed prior to a promise to pay does not make the promise enforceable and is
called ____________________.

ANS: past performance

PTS: 1

20. In order for a promise to constitute consideration, the promise must impose a(n)
____________________ on the person making the promise.

ANS: obligation

PTS: 1

MATCHING

a. Fraud in the Execution

b. Fraud in the Inducement
 c. Passive fraud
d. Recission
e. Reformation
f. Undue influence

15. Seeking to put the parties in the position they were in before a contact was made.

16. A failure to disclose information when there is a duty to do so.

17. When a person in a special relationship causes another to act contrary to free will.

18. The judicial correction of a contract.

19. A party intends to make a contract and is defrauded into making it.

20. A party is tricked into signing a contract when the nature of the writing could not be
understood.

15. ANS: D PTS: 1

16. ANS: C PTS: 1

17. ANS: F PTS: 1

18. ANS: E PTS: 1

19. ANS: B PTS: 1

20. ANS: A PTS: 1

YES/NO

7. Must all contracts be for a lawful purpose to be achieved in a lawful manner?

ANS: Y PTS: 1

8. If a contract is indivisible, may parts of it be enforceable?

ANS: N PTS: 1

9. According to most courts, is a loan to enable a person to gamble a gambling debt?

ANS: N PTS: 1
10. Are most violators of Sunday acts rarely prosecuted?

ANS: Y PTS: 1

11. If a borrower has paid a usurious rate of interest will the courts require the lender to refund
the amount in excess of the contract rate?

ANS: Y PTS: 1

12. Is the maximum rate of interest that can be charged the same for all kinds of loans?

ANS: N PTS: 1

13. Is an agreement not to prosecute a thief if stolen goods are returned void?

ANS: Y PTS: 1

14. If a contract has the tendency to obstruct justice is it unenforceable?

ANS: Y PTS: 1

MATCHING

a. Contrary to licensing laws

b. Contract not to compete
c. Gambling contract
d. Legal rate
e. Maximum contract rate
f. Usurious contract

15. A contract to borrow money at a rate of interest in excess of the limit in state law.

16. A contract of a person operating a business or profession without the proper government
approval and certification.

17. A contract wherein the parties stand to win or lose based on pure chance.

18. A contract prohibiting the seller of a business from engaging in business in an area for a
specified length of time.

19. The rate of interest charged when a sale is on credit, but the rate is not agreed upon.
20. A rate of interest above which the rate is usurious.

15. ANS: F PTS: 1

16. ANS: A PTS: 1

17. ANS: C PTS: 1

18. ANS: B PTS: 1

19. ANS: D PTS: 1

20. ANS: E PTS: 1

CHAPTER 11—WRITTEN CONTRACTS

YES/NO

1. Is one of the advantages of a written contract that its existence cannot be denied?

ANS: Y PTS: 1

2. Can an oral contract required under the Statute of Frauds to be in writing be set aside after it
is fully performed?

ANS: N PTS: 1

3. Is an oral contract to sell mineral rights enforceable?

ANS: N PTS: 1

4. If Joe buys a painting on credit and asks the seller to deliver the painting to Margaret, must
the transaction be in writing?

ANS: N PTS: 1

5. Is a promise to pay the debts of an estate from the personal funds of the executor considered a
contract to become responsible for the debts of another?

ANS: Y PTS: 1

6. Must a promise to pay a sum of money to another in consideration of marriage be in writing

to be enforceable?

ANS: Y PTS: 1
 7. Must the note or memorandum required by the Statute of Frauds always set forth all the
material terms of the transaction?

ANS: N PTS: 1

8. Does the parol evidence rule prohibit oral testimony of alteration when a written contract
appears to be complete?

ANS: N PTS: 1

TRUE/FALSE

9. Oral contracts which are required by the Statute of Frauds to be in writing are illegal.

ANS: F PTS: 1

10. If one party has made part performance of an oral contract and would be hurt if the contract
was not enforced, courts will allow enforcement of it.

ANS: T PTS: 1

11. If there is an oral contract to lease a building for 18 months and the building is occupied for
that time, but the rent is not paid, payment can be compelled.

ANS: T PTS: 1

12. The Statute of Frauds only requires the party against whom a claim for breach of promise is
made to have signed a note or memorandum.

ANS: T PTS: 1

13. A written contract that incorporates other writings into it cannot be modified by the other
writings.

ANS: F PTS: 1

14. The Statute of Frauds applies only to executory contracts.

ANS: T PTS: 1

COMPLETION

15. A contract that cannot be performed within a certain time must be written to be enforceable.
That time is ____________________.
 ANS: one year

PTS: 1

16. A breach of a contractual obligation other than the payment of money is called a(n)
____________________.

ANS: default

PTS: 1

17. An obligation to pay money is a(n) ____________________.

ANS: debt

PTS: 1

18. Under the theory of ____________________, a party who has paid money under an oral
contract that is required to be in writing may recover the money.

ANS: unjust enrichment

PTS: 1

19. Spoken words that will not be permitted to modify the terms of a written contract is known as
____________________.

ANS: parol evidence

PTS: 1

20. The Statute of Frauds applies only to ____________________ contracts.

ANS: executory

PTS: 1
CHAPTER 13—TERMINATION OF CONTRACTS

TRUE/FALSE

1. When a contract states no time for performance the parties may perform at any time.

ANS: F PTS: 1
 2. If a contract calls for performance satisfactory to the personal taste of a party, that party may
reject performance on the ground it is not satisfactory even if most people would find the
performance acceptable.

ANS: T PTS: 1

3. All creditors may enforce their contracts after a discharge in bankruptcy.

ANS: F PTS: 1

4. Refusal of a tender of payment discharges a debt.

ANS: F PTS: 1

5. Rescission of a contract releases an aggrieved party from all obligations not yet performed.

ANS: T PTS: 1

6. A party who intentionally and without the consent of the other party alters a written contract
can be held to either the original contract terms or the terms as altered.

ANS: T PTS: 1

MATCHING

a. Discharge
b. Malpractice
c. Performance
d. Satisfactory performance
e. Substantial performance
f. Tender of performance

7. An offer to carry out an obligation in satisfaction of the terms of a contract.

8. Such nearly complete carrying out of a contract that it would be a great injustice to deny a
party compensation for carrying it out.

9. A party doing what all that is required under the terms of a contract.

10. Failure of a professional person to perform professional services with the duty and care
normally exercised by others in the profession.
11. When the parties to a contract agree not to carry out its terms.

12. When a definite measure of completion exists, completing a contract in a manner that would
satisfy an ordinary, reasonable person.

7. ANS: F PTS: 1

8. ANS: E PTS: 1

9. ANS: C PTS: 1

10. ANS: B PTS: 1

11. ANS: A PTS: 1

12. ANS: D PTS: 1

COMPLETION

13. When a contract does not state the time it is to be carried out, it must ordinarily be carried out
within a(n) ____________________.

ANS: reasonable time

PTS: 1

14. The failure or refusal to perform one's contractual obligations is ____________________.

ANS: breach

PTS: 1

15. An amount of money paid to one part to a contract in order to punish the other party is called
____________________.

ANS: punitive damages

PTS: 1

16. A sum of money awarded to an injured party is called ____________________.

ANS: damages

PTS: 1
17. When one party, prior to the time the other party is entitled to performance, announces an
intention not to perform there is ____________________.

ANS: anticipatory breach

PTS: 1

18. An offer to pay money in satisfaction of a debt when one has the ability to pay is a(n)
____________________.

ANS: tender of payment

PTS: 1

19. A suit to compel a party to carry out the terms of a contract is a suit for
____________________.

ANS: specific performance

PTS: 1

20. Any form of lawful money is called ____________________.

ANS: legal tender

PTS: 1

CHAPTER 14—NATURE OF PERSONAL PROPERTY

YES/NO

1. Is an interest in land less than complete ownership, such as a leasehold, classified as real
property?

ANS: N PTS: 1

2. Must a copyright be registered in order for the owner to sue for infringement?

ANS: Y PTS: 1

3. When confusion of property occurs by common consent of the owners, will each party be
considered the owner of a proportionate part of the mass?
 ANS: Y PTS: 1

4. May a bailment be established without actual delivery and acceptance of the goods?

ANS: Y PTS: 1

5. Is the bailee in a bailment for the sole benefit of the bailee an insurer of the property?

ANS: N PTS: 1

6. When the bailment is for the sole benefit of the bailor, may the bailee receive the benefits of
ownership during the bailment?

ANS: N PTS: 1

TRUE/FALSE

7. Title to property is transferred by will after the person who made the will dies and appropriate
judicial proceedings have taken place.

ANS: T PTS: 1

8. A bailment arises when property is left for repair even though when returned it is repaired
and therefore not identical to the property left.

ANS: T PTS: 1

9. In order to have a valid gift, the donor need only have the intention to make the gift.

ANS: F PTS: 1

10. The laws of an intestate's state of residence determine how the heirs acquire title to personal
property.

ANS: T PTS: 1

11. A bailee rendering services in a mutual benefit bailment always receives a fee or monetary
payment.

ANS: F PTS: 1

12. The finder of lost property has a right of possession against everyone.

ANS: F PTS: 1
13. There cannot be a bailment of fungible goods.

ANS: F PTS: 1

14. A bailment is based upon and governed by a contract.

ANS: T PTS: 1

MATCHING

a. Abandoned property
b. Accession
c. Bailee
d. Bailment
e. Bailor
f. Lost property

15. The transfer of possession of personal property on condition the property will be returned.

16. Acquiring property by means of adding personal property of another.

17. Property unintentionally left with no intention to discard it.

18. Property that has been discarded with no intention to reclaim it.

19. The person who temporarily gives up possession of personal property to another.

20. The person who is temporarily given possession of personal property by its owner.

15. ANS: D PTS: 1

16. ANS: B PTS: 1

17. ANS: F PTS: 1

18. ANS: A PTS: 1

19. ANS: E PTS: 1

20. ANS: C PTS: 1

CHAPTER 15—SPECIAL BAILMENTS
YES/NO

1. Is a common carrier of goods an insurer of the safety of the transported goods?

ANS: Y PTS: 1

2. May a common carrier refuse service because the service is not one for which it is properly
equipped?

ANS: Y PTS: 1

3. Is a common carrier liable for damage if health official seize goods that are a menace to
health?

ANS: N PTS: 1

4. May a common carrier limit its extraordinary liability simply by writing the limitation in its
printed bill of lading form?

ANS: N PTS: 1

5. Must a hotelkeeper serve without discrimination all who request lodging?

ANS: Y PTS: 1

6. Is a passenger on a common carrier entitled to a seat?

ANS: N PTS: 1

TRUE/FALSE

7. The laws of hotelkeepers do not apply to boardinghouse keepers.

ANS: T PTS: 1

8. A carrier's high degree of liability lasts until the goods are picked up after being transported.

ANS: F PTS: 1

9. The initial and final carriers are each liable for a common-carrier loss occurring on the line of
a connecting carrier.

ANS: T PTS: 1

10. A third party may obtain greater rights than the original shipper or consignee had.
 ANS: F PTS: 1

11. A carrier must notify passengers of arrival at destinations and stop long enough to permit
them to disembark.

ANS: T PTS: 1

12. A hotel that caters to both permanent residents and transients is a hotelkeeper only with
respect to the transients.

ANS: T PTS: 1

13. A hotelkeeper is liable even if a guest's behavior increases the risk of criminal attack.

ANS: F PTS: 1

14. If hotel charges are not paid within a reasonable time, the hotelkeeper may sell a guest's
baggage to pay the charges and keep any amount obtained thereby.

ANS: F PTS: 1

COMPLETION

15. The person who ships by common carrier is the ____________________.

ANS: consignor

PTS: 1

16. A person engaged in the business of transporting goods or persons for a fee only under
special instances and arrangements is a(n) ____________________.

ANS: private carrier

PTS: 1

17. A contract requiring delivery of shipped goods only to the person to whom they are shipped
is called a(n) ____________________ bill of lading.

ANS: straight

PTS: 1

18. The final carrier of a shipment of goods is called the ____________________.

 ANS: terminal carrier

PTS: 1

19. A transient person who has been received by a hotel for accommodations is a(n)
____________________.

ANS: guest

PTS: 1

20. A person regularly engages in the business of offering lodging to all transient persons is a(n)
____________________.

ANS: hotelkeeper

PTS: 1

1) Where a contract does not stipulate an expiry date, it will remain open:

A. forever, until accepted by the offeree.

B. until expressly revoked by the offeror
C. until a counter-offer is made.
D. for a reasonable time, after which it will automatically expire.

2) Where the offeror has promised to keep open an offer for a specific period of time,
he/she:
A. may revoke the offer before the time has expired where this has been communicated
to the offeree.
B. must keep the offer open for this period of time.
C. may refuse to go ahead with contract if he/she changed his/her mind but failed to
communicate this to the offeree.
D. may revoke the offer before the expiry of the time limit only where he/she has
obtained permission from the offeree.

3) Which of the following is NOT effective communication of acceptance of an offer?

A. Deviation (which is a quicker form) from the method stipulated in the offer
B. Silence
C. Conduct of the contract
D. Outward evidence of the offeree's intention to accept
4) Which of the following is NOT an example of a frustrating event?

A. The subject matter of the contract ceases to exist.

B. The contract has become significantly more expensive than anticipated and is now
not profitable.
C. An event central to the contract has not occurred.
D. The contract becomes illegal to perform following the contract being established.

5) Breach of the following term will always entitle the innocent party to claim damages
AND repudiate the contract:

A. A condition
B. A warranty
C. An innominate term
D. A representation

6) When assessing a damages payment for breach of contract, which of the following
criteria is NOT considered by the court?

A. Damages must not be too remote.

B. Damages must be quantifiable.
C. The innocent party must have sought to mitigate his/her losses.
D. Sums identified in penalty clauses.

7) In the event of a breach of contract, it is expected that the innocent party take which
of the following action?

A. To reasonably attempt to mitigate losses.

B. To take any and all measures possible to reduce the associated losses to the breach.
C. To establish a new contract with any alternative source available.
D. To take no action until the full consequences of the breach are identified so a
damages action can incorporate all sustained losses.

8) Where a contract has been substantially, but not completely performed, the innocent
party:

A. is required to pay the full contractual amount.

B. may refuse to pay any money owed until full completion has taken place.
C. must pay 50% of the contractual fee and nothing more, regardless of the amount of
work completed.
D. is required to pay the amount due, taking into account the shortcomings of the
contract and deducting an amount accordingly.
9) Where a meaningless term is used in an agreement, the effect is?

A. The entire contract will be held unenforceable.

B. It has no practical effect on the contract - the whole contract is enforceable.
C. This term, rather than the entire contract, may be held unenforceable.
D. The courts will order the parties to re-write the contract to more accurately identify
what their intentions were.

10) In a contract for the sale of goods, the goods must be:

A. Of a satisfactory size and shape

B. Satisfactory to the buyer
C. Satisfactory to all involved in its sale
D. Of satisfactory quality

11) Maximum number of persons in Public company……

A. 9
B. 11
C. 2
D. 7

12) Which of the following is a question of law in a negligence action?

A. Does the defendant owe the plaintiff a duty of care?

B. Has the defendant breached the requisite standard of care?
C. Which evidence is to be relied upon?
D. Did the defendant cause the damage suffered by the plaintiff?

13) An invitation to treat is described as:

A. An offer. 
B. An offer to consider offers.
C. An offer to offer an offer.
D. An offer to accept an offer.

14) When a customer shops at a supermarket, the offer is accepted and the contract
is actually formed:

A. At the checkout, when the supermarket accepts the customer’s offer to buy the goods
B. As soon as the customer enters the supermarket.
 C. When the customer accepts the goods on offer on the shelves by placing them in
their basket.
D. At the checkout, when the customer accepts the supermarket’s offer to sell the
goods.

15) If an agreement is made between two parties of unequal bargaining power:

A. The court will nevertheless enforce the agreement.

B. The court will not enforce the agreement.
C. The court will not enforce the agreement if the pressure used by the stronger party
was unconscionable.
D. The court will only enforce the agreement if the weaker party could have chosen to
deal with another person, but did not do so.

QN=1 A tort:
a. Is always based on a 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.

QN=2 A corporation is
a. An agreement of individuals
b. An association created by law into an entity
c. A person
d. All

QN=3 If the offer is communicated by means of facsimile without specifying any

particular manner of acceptance, the acceptance could be ( ).
a. Communicated by email
b. Communicated by email or facsimile
c. Communicated in an reasonable manner
d. Communicated as required in the offer
QN=4 Every person in a society is bound by law because ( ).
a. It is a common rule
b. It derives from ethic
c. He/she shall be applied a penalty by a body of Sovereign
State if violating law
d. It prescribes the code of conducts for every person in a
society

QN=5 Interpretation and application of law is ( ).

a. The function of legislatures
b. The functions of courts
c. The function of administrative agencies
d. The function of lawyers

QN=6 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.

QN=7 A manifestation must ( ) to be an offer.

a. Be definite
b. Show the manifesting person’s intention to be legally bound
c. Be communicated to a person who the manifesting person intents to be bound
with
d. (a), (b) and (c)
QN=8 In Vietnam, the Constitution hiến pháp is enacted by ( ).
a. The Government
b. The Supreme People’s Court
c. The National Assembly quốc hội
d. The People

QN=9 In order 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.

QN=10 In accordance with the Uniform Commercial Code (UCC), ( ) is not a

sale contract.
a. a purchase of a real estate
b. a purchase of automobiles
c. a purchase of potatoes
d. a sale of computers

QN=11 Pursuant to the contract law, the obligor is entitled to refuse to perform the
obligations assigned from the obligee to the assignee in case ( ) unless
otherwise agreed by the parties.
a. The assignment is not prior notified him in written
b. The assignment is not approved by him in advance
c. The assignment is notified him but he does not approve
d. The assignment does not benefit the obligor

QN=12 The contract for sale of goods shall be terminated in case ( ).

a. The Seller performs the late delivery of goods
b. The Buyer breaches his payment obligation
c. The goods are destructed on the way to the Buyer’s store
d. It is unilaterally rescinded by the Seller/Buyer in the event agreed in the
contract

QN=13 The contract for sale of goods must exist in writing when the sale price is
a. $ 300 or more
b. $ 200 or more
c. $ 500 or more
d. $ 1,000 or more

QN=14 In case a contract for sale of goods is ( ), the seller shall be obliged to
deliver the goods to the initial carrier.
a. A shipment contract
b. A destination contract
c. A COD contract
d. A F.O.B (UCC) contract

QN=15 In case, a contract for sale of goods contains a transportation clause, but such
clause does not specify the place of delivery, ( ).
a. The title and risk of loss shall be transferred to the buyer when the goods are
delivered to the initial carrier
b. The title and risk of loss shall be transferred to the buyer at the unloading
place
c. The title and risk of loss shall be transferred to the buyer when the goods are
delivered to the buyer’s nominated party
d. It is unable to divide the risk of loss until the buyer takes delivery of goods

QN=16 The third-party beneficiary may require ( )

a. The promisor to perform his duty which is the duty to benefit him as agreed
 in the contract
b. Nothing
c. The promisor to perform his duty which is the duty to benefit him as agreed
in the contract unless the promisor refuse to perform his duty
d. The promisor to perform his duty which is not the duty to benefit him as
agreed in the contract

QN=17 The charter of the corporation is not a law because ( ).

a. It only governs the shareholder relationships
b. It is not enacted and enforced by a sovereign state
c. It only governs the internal affairs of such corporation
d. It is not applicable to keep the whole community in order

QN=18 In Vietnam, a court shall apply ( ) to solve a business dispute.

a. A previous decision of its higher court
b. Rules contained in the written legal documents
c. The jurisprudence
d. The precedent

QN=19 ( ) is the most important source of law in both Vietnam and America. In Vietn
a. Constitution A previo
b. Statue Rules co
c. Judicial decisions The juri
d. Administrative orders The pre

QN=20 In Vietnam, a sole proprietorship has the same meaning with ( )

a. A private enterprise
b. A one-member limited liability company
c. A joint stock company
d. A partnership

QN=01 Who are not capable of making a legally enforceable contract

a. Adults
b. Minors
c. Mentally incompetent people
d. b and/or c

QN=02 Goods , in a sale of goods, mean

a. Immovable property
b. Intangible movable property
c. Tangible movable property
d. All

QN=03 The ( ) shall have the limited liability.

a. general partner
b. proprietor
c. Shareholder
d. Joint venture party

QN=04 According to the law of Vietnam, ( ) is a legal entity

a. A sole proprietorship
b. A branch of a corporation
c. A representative office of a corporation
d. A partnership

QN=05 According to the law of Vietnam, ( ) has an unlimited liability.

a. A member of a limited liability company
b. A shareholder
c. A general partner
d. An owner of an one-member limited liability company

QN=06 Accordingly the law of Vietnam, ( ) can be convicted of a crime

a. A partnership
b. A corporation
c. A proprietor: chủ sở hữu
d. An one-member limited liability company

QN=07 Shareholder is ( ).
a. A person who owns one share at least in a corporation
b. A corporation’s creditor
c. A person who owns a minimum number of shares in a corporation as
regulated in its charter
d. An owner of a limited liability company

QN=08 According to the contract law of the US, how many requirements that a
contract must meet in order to be valid
a. 5
b. 4
c. 3
d. 6

QN=09 The common shareholder is an owner of ( ).

a. Common share(s)
b. Voting preference share(s)
c. Dividend preference share(s)
d. Redeemable preference share(s)

QN=10 ( ) shall be performed under the cumulative voting.

a. The amendment to the corporation’s charter
b. The approval of annual financial statement
c. The election of members of the board of directors
d. The approval of an investment contract

QN=11 Any transaction in which ( ) is a contract.

a. One party makes a promise
b. Both parties make a promise
c. One party makes or both parties make a promise
d. One party or both parties make a legally enforceable promise

QN=12 In order to consider how ethics relates to law, what principles regarding the
application of ethics need to be taken into consideration.
a. Seriousness of consequence
b. Consensus of the majority
c. Change in ethical standards
d. All
QN=13 The legal system of the United States of America is heavily influenced and
based on
a. The English legal system
b. The French legal system
c. The Spanish legal system
d. The German legal system

QN=14 The common law only provides ( ) as remedy

a. Restraining order
b. Injunction
c. Damage
d. Specific performance

QN=15 Unjust enrichment:làm giàu bất công

a. Occurs when both parties to a contract benefit.
b. Is a violation of statutory law.
c. Is used when the parties make a specific agreement.
d. Offends our ethical principles.

QN=16 Third party can become involved in a contract by

a. Novation
b. Assignment
c. Delegation
d. All

QN=17 All obligors in a joint contract have to be sued

 a. Together
b. Individually
c. At the disposal of a creditor
d. Could not be sued

QN=18 If a contract is breached, which remedy the innocent party may use in the
course of action
a. Sue for damages
b. Rescind the contract
c. Sue for specific performance
d. All

QN=19 Price in a sale of goods could be paid for by

a. Money
b. Goods
c. Services
d. All

QN=20 A shareholder who owns ( ) have the right to vote.

a. Voting preference share(s)
b. Common shares
c. Dividend preference share(s)
d. a and/or b

1.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.

ANS: A PTS: 1

2. Federal district courts:

a. Are appellate courts.
b. Do not hear criminal cases.
c. Have jurisdiction of civil suits where the amount in controversy is less
than $5,000.
d. Try all criminal cases involving a violation of federal law.

ANS: D PTS: 1

3. Ethical principles include:

a. Seriousness of consequences.
b. Consensus of the majority.
c. Change in ethical standards.
d. All.

ANS: D PTS: 1

4. A voidable contract:
a. Must be in writing.
b. Must be rejected by both parties.
 c. Gives one party the choice to abide by it or reject it.
d. Is never effective.

ANS: C PTS: 1

5. In order to have a valid contract, there must be:

a. An offer and an acceptance.
b. A written expression of the terms.
c. A reliable witness if the contract is oral.
d. An understanding of the terms by one of the parties.

ANS: A PTS: 1

6. The repudiation thoái thác of a contract is called:

a. Disaffirmance.
b. Agreement.
c. Offering a new contract.
d. Conducting contract fully.

ANS: A PTS: 1

7. A non-party to a contract to whom the promisee owes an obligation that would be discharged
to the extent that the promisor performs the promise:
a. Assignee
b. Assignor
c. Creditor beneficiary
 d. Donee beneficiary

ANS: C PTS: 1

8. Damages paid to the plaintiff in order to punish the defendant, not to compensate the plaintiff
are called:
a. Punitive trừng phạt damages.
b. Compensatory damages.
c. Liquidated damages.
d. Nominal damages.

ANS: A PTS: 1

9. A person’s right to sue must be exercised within the time fixed by a statute called:
a. Statute of limitations.
b. Bankruptcy.
c. Alteration of written contract.
d. None of above.

ANS: A PTS: 1

10. The transfer of possession, but not the title, of personal property by one party, usually the
owner, to another the party is called:
a. Bailment
b. Abandoned property
 c. Accession
d. Lost property

ANS: A PTS: 1

11. Goods that the seller and buyer have agreed are to be received by the buyer or have been
picked out by the seller are called:
a. Future goods.
b. Identified goods.
c. Unidentified goods.
d. All.

ANS: B PTS: 1

12. A sales contract that does not meet the requirements of the _______________________ is
unenforceable:
a. The Bill of Rights.
b. Contractual parties’ agreement.
c. The Uniform Commercial Code.
d. None of above.

ANS: C PTS: 1

13. If goods may be offered for sale ___________________, then goods cannot be withdrawn
after the bidding starts unless no bid is received:
a. With reserve.
b. Without reserve.
 c. Both “with reserve” and “without reserve”.
d. None of above.

ANS: B PTS: 1

14. The contract in which the seller completes performance of the contract when the goods are
delivered to a carrier for shipment to the buyer is called:
a. Sales contract.
b. Construction contract.
c. Shipment contract.
d. Loan contract.

ANS: C PTS: 1

15. The warranty against encumbrances trở ngại:

a. Arises in the case of all sales.
b. Applies to the goods only at the time they are delivered to the buyer.
c. Does not arise if the buyer has constructive notice of the encumbrance.
d. All.

ANS: B PTS: 1

16. A business organization in which one or more partners have their liability for the firm’s debts
limited to the amount of their investment is called:
a. Ordinary partnerships.
b. General partnerships.
c. Limited partnerships.
 d. Trade and nontrading partnerships.

ANS: C PTS: 1

17. If incorporated in another country, a corporation may be referred to as a (an):

a. Alien corporation.
b. Foreign corporation.
c. Domestic corporation.
d. Close corporation.

ANS: A PTS: 1

18. Declared money value of a corporation’s outstanding stock is called:

a. Capital stock.
b. Common stock.
c. Preferred stock.
d. None of above.

ANS: A PTS: 1

19. Combining two corporations so that one survives and the other ceases to exist is called a (an):
a. Merger.
b. Consolidation.
c. Division.
d. None of above.
 ANS: A PTS: 1

20. When two or more persons own property such that when one owner dies, that owner's interest
in the property passes to a person named in the deceased’s will or, if no will exists, to the
deceased’s heirs is called ____________________.
a. Tenancy in common.
b. Joint tenancy.
c. Tenancy by the entirety.
d. Community property.

ANS: A PTS: 1

21. According to Vietnamese Enterprise Law, an enterprise shall be dissolved in the following
cases:
a. The duration of operation stated in the charter of the company expires
and there is no decision to extend.
b. The company does not have the minimum number of members
stipulated in this Law for a period of six consecutive months.
c. The business registration certificate is revoked.
d. All.

ANS: D PTS: 1

22. In Vietnam, persons whose addiction to narcotics/drugs or to other stimulants leads to the
squandering of their families’ property may be declared by courts as:
a. Having civil act capacity fully.
b. Being restricted civil act capacity.
c. Without civil act capacity.
 d. Loss of civil act capacity.

ANS: B PTS: 1

23. In Vietnam, business contract signed due to non-compliance with the prescribed forms will
be treated as:
a. Voidable contract.
b. Void contract.
c. Enforceable contract.
d. All.

ANS: A PTS: 1

24. In Vietnam, court officer is:

a. Plaintiff.
b. Defendant.
c. Clerk of court.
d. Lawyer.

ANS: C PTS: 1

25. Vietnam has the following torts:

a. Administrative torts.
b. Civil torts.
 c. Discipline Tort.
d. All.

ANS: D PTS: 1

1.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 supercede statutes.

ANS: A PTS: 1

2. The U.S. Supreme Court:

a. Does not have original jurisdiction of 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.

ANS: B PTS: 1
3. To recover for an intentional tort, the injured person must show:
a. An act by the defendant.
b. An intention to cause the consequences of the act.
c. The injury was caused by the defendant’s act.
d. All.

ANS: D PTS: 1

4. An ____________________ is one in which the duties and obligations that the parties assume
are not expressed but are implied by their acts or conduct:
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.

ANS: D PTS: 1

5. An intended acceptance that varies the offer:

a. Cannot be accepted by the original offeror.
b. Is a rejection of the original offer.
c. Keeps the offer open for negotiation.
d. All.

ANS: B PTS: 1
6. To be protected when dealing with a minor, a businessperson should have an adult join in the
contract as a(n):
a. Co-signatory.
b. Convict.
c. Intoxicated person.
d. Incompetent person.

ANS: A PTS: 1

7. A person to whom the promisee owes no legal duty but to whom performance is a gift:
a. Creditor beneficiary
b. Donee beneficiary
c. Incidental beneficiary
d. Third party beneficiary

ANS: B PTS: 1

8. The termination of a contract and substitution of a new one with the same terms but with a
new party is called:
a. Novation. Cải cách
b. Delegation.
c. Assignment.
d. All.

ANS: A PTS: 1

9. Impossibility of performance frequently arises after a valid contract is:

 a. Terminated.
b. Formed.
c. Conducted.
d. None of above.

ANS: B PTS: 1

10. Song, books, and other compositions fixed in any tangible medium of expression are
protected by __________________ from their creation:
a. Trademarks.
b. Copyrights.
c. Trade secrets.
d. Patents.

ANS: B PTS: 1

11. __________________ is one of purposes which a bill of sale serves:

a. Selling goods.
b. Buying goods.
c. Proof of title.
d. None of above.

ANS: C PTS: 1

12. The word sale as used in the UCC only applies to movable:
a. Real property.
 b. Personal property.
c. Unidentified property.
d. Identified property.

ANS: B PTS: 1

13. 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:
a. Action.
b. Auction.
c. Performance.
d. All.

ANS: B PTS: 1

14. Which one of the following contracts in which the seller’s performance is not completed until
the goods are delivered to the destination?
a. Shipment contract.
b. Destination contract.
c. Sales contract.
d. None of above.

ANS: B PTS: 1

15. The Consumer Product Safety Commission:

 a. May not order a halt to the manufacture of unsafe products.
b. May not totally ban any products.
c. Issues orders that are not reviewable by any court.
d. Has broad power to promulgate safety standards for many products.

ANS: D PTS: 1

16. A partner actively and openly engaged in the business and held out to everyone as a partner
is:
a. Dormant partner.
b. General partner
c. Secret partner
d. Silent partner

ANS: B PTS: 1

17. A _____________ is one organized to run a business and earn money:

a. Alien corporation.
b. Profit corporation.
c. Domestic corporation.
d. Close corporation.

ANS: B PTS: 1

18. Stock to which a face value has been assigned and that has this value printed on the stock:
a. Par-value stock
b. Participating preferred stock
 c. Preferred stock
d. Stock option

ANS: A PTS: 1

19. Stockholders give up their voting privileges by transferring their stock to a trustee and
receiving in return ______________________ certificates:
a. Cumulative voting.
b. Voting trust.
c. Absentee voting.
d. None of above.

ANS: B PTS: 1

20. ________________ is a type of ownership reserved for married couples, such that both
spouses and equal share of the property no matter how titled.
a. Tenancy in common.
b. Joint tenancy.
c. Tenancy by the entirety.
d. Community property.

ANS: D PTS: 1

21. In Vietnam, the legal document having the highest validity is:
a. Official letter.
b. Constitution.
 c. Law.
d. Resolution.

ANS: B PTS: 1

22. In Vietnam, business contract with purposes and contents violating prohibitory provisions of
law or contravening social ethics will be treated as:
a. Voidable contract.
b. Void contract.
c. Enforceable contract.
d. All.

ANS: B PTS: 1

23. In Vietnam, international sale contract is governed by:

a. 2005 Commercial Law.
b. 2005 Civil Code.
c. 2005 Enterprise Law.
d. All.

ANS: A PTS: 1

24. In Vietnam, common ownership by share means:

a. Common ownership in which each owner’s share of the ownership
right to the common property is determined.
b. Common ownership in which each owner’s share of the ownership
right to the common property is undetermined.
 c. Common ownership in which each owner’s share of the ownership
interest to the common property is determined.
d. All.

ANS: A PTS: 1

25. Function of Vietnamese court is:

a. Law interpretation.
b. To judge cases relating to fields such as civil, labor, business, crime,
administration, etc.
c. To issue law.
d. All are wrong.

ANS: B PTS: 1

1. A (an) ____________________ is one in which the duties and obligations that the parties
assume are not expressed but are implied by their acts or conduct.
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.

ANS: D PTS: 1

2. A contract in which the parties express their intentions by words, whether in writing or orally,
at the time they made the agreement is called:
a. Express contract.
 b. Normal contract.
c. Executed contract.
d. Implied contract.

ANS: A PTS: 1

3. A (an) ____________ contract is one that has been fully performed by all parties to the
contract.
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.

ANS: C PTS: 1

4. A contract that is a sale of goods is governed by the:

a. Uniform Commercial Code.
b. Constitution.
c. Bill of Rights.
d. All.

ANS: A PTS: 1
5. A valid offer includes requirements, such as:
a. It must be definite.
b. It must appear to be seriously intended.
c. It must be communicated to the offeree.
d. All.

ANS: D PTS: 1

6. An intended acceptance that varies the offer:

a. Cannot be accepted by the original offeror.
b. Is a rejection of the original offer.
c. Keeps the offer open for negotiation.
d. All.

ANS: B PTS: 1

7. In order to have a valid contract, there must be:

a. An offer and an acceptance.
b. A written expression of the terms.
c. A reliable witness if the contract is oral.
 d. An understanding of the terms by one of the parties.

ANS: A PTS: 1

8. ________________ is the assent to an offer that results in a contract.

a. Acceptance.
b. Offer.
c. New offer.
d. All.

ANS: A PTS: 1

9. Who are not capable of making a legally enforceable contract?

a. Adults.
b. Minors.
c. Mentally incompetent people.
d. b and/or c.

ANS: D PTS: 1

10. To be protected when dealing with a minor, a businessperson should have an adult join in the
contract as a(n):
a. Co-signatory.
b. Convict.
c. Intoxicated person.
 d. Incompetent person.

ANS: A PTS: 1

11. _________________ means the repudiation of a contract; that is, the election to avoid it or
set it aside.
a. Disaffirmance.
b. Conducting contract.
c. Signing contract.
d. None of above.

ANS: A PTS: 1

12. Contracts made by people who have become so intoxicated that they cannot understand the
meaning of their acts are:
a. Voidable.
b. Void.
c. Unavoidable.
d. All.

ANS: A PTS: 1
13. Third party can become involved in a contract by:
a. Novation.
b. Delegation.
c. Assignment.
d. All.

ANS: D PTS: 1

14. The termination of a contract and substitution of a new one with the same terms but with a
new party is called:
a. Novation.
b. Delegation.
c. Assignment.
d. All.

ANS: A PTS: 1

15. A (an) ______________________ is one to whom the promise owes no legal duty but to
whom performance is a gift.
a. Creditor beneficiary.
b. Donee beneficiary.
c. Incidental beneficiary.
d. All.
 ANS: B PTS: 1

16. A (an) _________________ means that one party conveys rights in a contract to another who
is not a party to the original undertaking.
a. Assignment.
b. Delegation.
c. Novation.
d. All.

ANS: A PTS: 1

17. Damages paid to the plaintiff in order to punish the defendant, not to compensate the plaintiff
are called:
a. Punitive damages.
b. Compensatory damages.
c. Liquidated damages.
d. Nominal damages.

ANS: A PTS: 1
18. A person’s right to sue must be exercised within the time fixed by a statute called:
a. Statute of limitations.
b. Bankruptcy.
c. Alteration of written contract.
d. None of above.

ANS: A PTS: 1

19. Impossibility of performance frequently arises after a valid contract is:

a. Terminated.
b. Formed.
c. Conducted.
d. All.

ANS: B PTS: 1

20. An offer to pay money in satisfaction of a debt or claim when one has the ability to pay is a
_____________:
a. Tender of performance.
b. Tender of payment.
c. Satisfactory performance.
d. Substantial performance.

ANS: B PTS: 1
1. A sales contract that does not meet the requirements of the _______________________ is
unenforceable.
a. The Bill of Rights.
b. Contractual parties’ agreement.
c. The Uniform Commercial Code.
d. None of above.

ANS: C PTS: 1

2. _______________ are those both in existence (as contrasted with goods not yet
manufactured) and then owned by the seller:
a. Existing goods.
b. Future goods.
c. Both existing goods and future goods.
d. None of above.

ANS: A PTS: 1

3. The consideration in a sales contract is generally expressed in terms of money or money’s

worth and is known as the ______________.
a. Cost.
b. Expense.
c. Price.
d. All.

ANS: C PTS: 1
4. A _______________ provides written evidence of one’s title to tangible personal property.
a. Bill of sale.
b. Invoice.
c. Receipt.
d. All.

ANS: A PTS: 1

5. 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:
a. Action.
b. Auction.
c. Performance.
d. All.

ANS: B PTS: 1

6. The contract for sale of goods shall be terminated in case:

 a. The Seller performs the late delivery of goods.
b. The Buyer breaches his payment obligation.
c. The goods are destructed on the way to the Buyer’s store.
d. It is unilaterally rescinded by the Seller/Buyer in the event agreed in
the contract.

ANS: D PTS: 1

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

ANS: C PTS: 1

8. 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:
a. Nonresellable goods.
b. Existing goods.
c. Future goods.
d. All.

ANS: A PTS: 1
 9. The contract in which the seller completes performance of the contract when the goods are
delivered to a carrier for shipment to the buyer is called:
a. Sales contract.
b. Construction contract.
c. Shipment contract.
d. Loan contract.

ANS: C PTS: 1

10. In case, a contract for sale of goods contains a transportation clause, but such clause does not
specify the place of delivery, ______________________:
a. The title and risk of loss shall be transferred to the buyer when the
goods are delivered to the initial carrier.
b. The title and risk of loss shall be transferred to the buyer at the
unloading place.
c. The title and risk of loss shall be transferred to the buyer when the
goods are delivered to the buyer’s nominated party.
d. It is unable to divide the risk of loss until the buyer takes delivery of
goods.

ANS: A PTS: 1
11. In a ________________, the sale is not complete until the buyer approves the goods.
a. Sale on approval.
b. Sale or return.
c. Sale or exchange.
d. Sale on agreement.

ANS: A PTS: 1

12. ________________ are goods of a homogeneous or like nature that may be sold by weight or
measure.
a. Fungible goods.
b. Unidentified goods.
c. Future goods.
d. All.

ANS: A PTS: 1

13. The warranty against encumbrances trở ngại:

a. Arises in the case of all sales.
b. Applies to the goods only at the time they are delivered to the buyer.
c. Does not arise if the buyer has constructive notice of the encumbrance.
d. All.

ANS: B PTS: 1
 14. All sellers make a warranty of:
a. Title.
b. Merchantability.
c. Freedom from patent or trademark infringement.
d. Fitness for the buyers intended use.

ANS: A PTS: 1

15. Full warranties:

a. Permit a refund or replacement if the product contains a defect after
reasonable attempts to remedy it.
b. Are always oral.
c. May limit consequential damages for breach of warranty in any way.
d. None of above

ANS: A PTS: 1

16. Warranties of all sellers are:

a. Warranties against infringement.
b. Warranties of merchantability or fitness for normal use.
c. Warranties in sale of food or drink.
d. None of above.

ANS: D PTS: 1
 QUIZ

Justice system based on fairness, provides relief other than merely money damages *
a. restraining order
b. injunction
c. equity (công bằng)
d. source of law

Court's temporary order forbidding an action *

a. restraining order
b. injunction
c. equity
d. source of law
 

Court's permanent order forbidding an action *

a. restraining order
b. injunction
c. equity
d. source of law
 

First ten amendments to U.S Constitutions *

a. Statute
b. Bill of Rights
c. equity
d. source of law
 

Document that contains fundamental priciples of a government *

a. Statute
b. Bill of Rights
c. Constitution (hiến pháp)
d. source of law
 

Law enacted by legislative bodies (cơ quan lập pháp)*

a. Statute (Đạo luật)
b. Bill of Rights
c. constitution
 d. source of law

Correct answer
Statute
 

Law enacted by cities *

a. Statute
b. Bill of Rights
c. Ordinance (pháp lệnh)
d. Code

Correct answer
Ordinance
 

Collection of laws, rules, or regulations *

a. Statute
b. Bill of Rights
c. Ordinance
d. Code (Bộ luật)
 

Principle that a court decision controls the decision of a similar future case *
a. Statute
b. Stare decisis
c. Ordinance
d. Code
 

Law dealing with enforcement or protection of private rights *

a. civil law (luật dân sự)
b. criminal law
c. administration law
d. business law
 

Law dealing with offenses against society *

a. civil law
b. criminal law (luật hình sự)
 c. administration law
d. business law
 

Failure to exercise reasonable care *

a. tort
b. negligence (sơ suất)
c. ethics
d. felony
 

Private wrong for which damages may be recovered *

a. Tort (làm thiệt hại)
b. negligence
c. ethics
d. felony
 

Principles that determine the morality of conduct, its motives, and its duties *
a. tort
b. negligence
c. ethics
d. felony

Correct answer
ethics
 

Laws allowing a state to have jurisdiction over nonresidents *

a. jurisdiction
b. negligence
c. long -arm Statutes
d. felony
 

Court that reviews decision of another court *

a. jurisdiction
b. trial court
c. long -arm Statutes
d. appellate court (toà thượng thẩm)
Court that conducts original trial of a case *
a. jurisdiction
b. trial court
c. long -arm Statutes
d. appellate court
 

Federal trial court with limited jurisdiction *

a. jurisdiction
b. trial court
c. Special Federal Court
d. Federal District Court
 

Trial court of federal court system *

a. jurisdiction
b. trial court
c. Special Federal Court
d. Federal District Court
 

Federal jurisdiction based on parties being from different states *

a. Diversity jurisdiction
b. trial court
c. Special Federal Court
d. Federal District Court

They are those which are either not existing, or are existing but not yet owned by the
seller.
a. existing goods
b. identified goods
c. future goods
d. None of them
 
Good picked to be delivered to the buyer
a. existing goods
b. identified goods
c. future goods
d. None of them
 
Goods that are in being and owned by the seller
a. existing goods
b. identified goods
c. future goods
d. None of them
 
A distinction is made between a sale and a contract to sell: (i) A sale is an agreement
whereby title passes immediately to the buyer. (ii). A contract to sell is an agreement
whereby the title is to pass to the buyer at some future time.
a. True/ true
b. True/ False
c. False/ False
d. False/ True
  
Contract to sell and contract for future goods are: (i) the same in meaning; (ii) applied
to future goods only
a. True/ true
b. True/ False
c. False/ False
d. False/ True
 
Four sources of US law are
a. judicial decisions, constitutions, statutes, and administrative agency orders
b. civil law, criminal law
c. None of them
d. All of them
 
Document that contains fundamental principles of a government
a. Constitutions
b. Statutes
c. Code
d. Bill of Rights
 
A contract entered into by a corporation that is not authorized by any of its powers,
express, incidental, or implied
a. Valid contracts, void agreements, and voidable contracts
 b. Express and implied
c. Formal and simple
d. ultra vires contract
 
Systematic collection of laws, rules, or regulations of a governing authority
a. Constitutions
b. Statutes
c. Code
d. Bill of Rights
  
Partner who take no part in firm
a. General partners
b. Silent partner 
c. Secret partner
d. Dormant partner
 
Disadvantages of partnership
a. Capital and skill may be increased.
b. Labor made more efficient.
c. Ratio of expenses per dollar reduced 
d. Unlimited liability of each partner for the debts of the partnership
 
Disadvantages of Sole Proprietorship
a. Unlimited liability for debts of the business.
b. Management ability of one person limits the business.
c. Liable for torts, crimes, and all faults of the business.
d. all of others are correct
 
Partnership with at least one limited partner
a. Ordinary or general partnerships
b. Limited partnerships
c. Trading and non-trading partnerships
d. Management ability of one person limits the business.
e. all of others are correct
 
Capital contribution is maximum loss
a. Limited liability
b. Limited partnerships
 c. Limited liability company
d. all of others are correct
 

Association of people created by law into an entity

a. corporation
b. quasi corporation
c. Limited liability company
d. all of others are correct
 
This is one that was not made by the seller, but is imposed by the law
a. express wanranty
b. implied warranty  (cam kết ngầm)
c. none of above
d. all of above
 
This is a party that commits a tort, or civil wrongdoing, which is also referred to as a
defendant.
a. Tort
b. title
c. Stare decicis
d. tortfeasor
 
One function of the courts is to interpret the laws passed by the legislative branch of
government. This is true for
a. USA
b. Vietnam
c. French
d. Vietnam and USA
 
Which is the highest courts in USA?
a. Special federal courts
b. District courts
c. Circuit courts of appeals
d. U.S. Supreme Court
 
 
If a contract is breached by one party, the other party may:
a. Sue for damages. Damages may be nominal, compensatory, punitive, or liquidated.
b. Rescind the contract. If the innocent party has executed the contract, anything parted
with may be recovered.
c. Sue for specific performance. This remedy is available in real estate contracts and
contracts for the sale of rare articles of personal property, such as heirlooms, the value
of which cannot be readily determined.
d. None of above is correct
e. all of others are correct
 

The power or authority of a court to hear cases

a. jurisdiction. (quyền hạn)
b. court
c. precedent
d. decisions
 
Court decision that determines the decision in subsequent, similar case
a. jurisdiction.
b. court
c. precedent
d. decisions
 
Transfer of possession of goods for purpose of sale
a. jurisdiction.
b. court
c. consignment (ký gửi)
d. decisions
 
According to Vietnamese law, when will transfer risk from seller to buyer
a. at the first place of transportation
b. at the seller's premise
c. at the buyer's premise
d. on the way to the buyer's
 
Offeree's response that rejects offer by varying its terms
a. offer
b. acceptance
c. courteroffer
d. conditional sale
 
(i) An individual may subscribe and pay for the stock. (ii) Stock may also be obtained by
gift or purchase from another stockholder
a. true/ true
b. true/ false
c. false/ true
d. false/ false
 
Voluntary association of two or more people to carry on a business for profit.
a. corporation
b. partnership
c. Joint-stock company
d. Joint ventures
 
Entity which issues shares of stock, but investors have unlimited liability.
a. corporation
b. partnership
c. Joint-stock company
d. Joint ventures
 
Business relationship similar to partnership existing for a single transaction.
a. corporation
b. partnership
c. Joint-stock company
d. Joint ventures
 
 
One who agree to buy stock in proposed corporation
a. seller
b. buyer
c. subcriber
d. nominator
 
 
 ESSAY

1. The River City Council, the Santa Clara County Board, the Texas state
legislature, and the U.S. Congress enact laws. These laws constitute:
a. Case law
b. Statutory law
c. Criminal law
d. Stare decisis

2. Which of the following is NOT an advantage of a partnership?

a. Increase of capital and skill
b. Improvement of management
c. The relative instability of the business
d. More effectiveness of labor

3. A quasi-contract may be defined as:

a. An actual contract
b. A true contract
c. An implied-in-law contract
d. A fictional contract

4. In cases where someone would be injustly enriched unless they were held liable
for the benefits they have received, a court may “create”:
a. an implied contract
b. an executory contract
c. A quasi-contract
d. A void contract

5. Attorneys, meet to try to resolve their dispute. A third party helps them to reach
an agreement. This is:
a. Arbitration
b. Litigation
c. Mediation
d. Negotiation

6. Which of the following is NOT an element of the tort of wrongful interference

with a contractual relationship?
a. A valid contract existed between two parties
b. A third party knew about a contract existing between two other parties
 c. A third party, without intent, caused a party to a contract to break that contract
d. A third party intentionally caused a party to a contract to break the contract

7. Laws grouped into an organized form are called:

a. Statutes
b. Code
c. Common laws
d. Equity

8. Personal property, roughly speaking, is private property that is movable, as

opposed to real property or _______:
a. Ownership
b. Allodial title
c. Condominium
d. Real estate

Question 1
Complete
Mark 0.00 out of 1.00
Flag question
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
Feedback
The correct answer is: unconstitutional
Question 2
Complete
Mark 1.00 out of 1.00
Flag question
Question text
Law made when an appellate court endorses a rule to be used in deciding court cases is
_______________________.
Select one:
a. administrative law
b. none of the above
c. case law (án lệ)
d. Equity law
Feedback
The correct answer is: case law
Question 3
Complete
Mark 1.00 out of 1.00
Flag question
Question text
In 1999, Congress passed a law regulating domain names. This law is
Select one:

a. common law
b. statutory law (theo luật định)

c. administrative law

d. stare decisis law

Feedback
The correct answer is: statutory law
Question 4
Complete
Mark 1.00 out of 1.00
 Flag question
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

Feedback
The correct answer is: federal and state
Question 5
Complete
Mark 0.00 out of 1.00

Flag question
Question text
Power of the court to decide a case is called _______________
Select one:
a. administrative
b. equity
c. rights
d. jurisdiction (quyền hạn)
Feedback
The correct answer is: jurisdiction
Question 6
Complete
Mark 1.00 out of 1.00
Flag question
Question text
In a civil lawsuit ( ). Vụ kiện dân sự
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.
Feedback
The correct answer is: The plaintiff must prove her case by a preponderance of the evidence.
Question 7
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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
Feedback
The correct answer is: district court.
Question 8
Complete
Mark 1.00 out of 1.00

Flag question
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.
Feedback
The correct answer is: The Supreme People's Court
Question 9
Complete
Mark 0.00 out of 1.00
Flag question
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
Feedback
The correct answer is: District court
Question 10
Complete
Mark 1.00 out of 1.00

Flag question
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.(ng ko cư trú)

d. Allowing US citizen to conduct business

Feedback
The correct answer is: Allowing a state to have jurisdiction over nonresidents.
Question 11
Not answered
Marked out of 1.00
Flag question
Question text
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.

Feedback
The correct answer is: Causing the injury to other.
Question 12
Not answered
Marked out of 1.00
Flag question
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

Feedback
The correct answer is: When the claimant has also been negligent and is therefore partly to
blame for their injuries
Question 13
Not answered
Marked out of 1.00
Flag question
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.

Feedback
The correct answer is: The intentional and negligent acts of others.
Question 14
Complete
Mark 0.00 out of 1.00
Flag question
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
Feedback
The correct answer is: Unfair competition
Question 15
Complete
Mark 1.00 out of 1.00
Flag question
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.

Feedback
The correct answer is: All of the above.
Question 16
Complete
Mark 1.00 out of 1.00
 Flag question
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
Feedback
The correct answer is: the promises have not been completed by one or more of the parties
Question 17
Not answered
Marked out of 1.00
Flag question
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.
Feedback
The correct answer is: an offer.
Question 18
Complete
Mark 0.00 out of 1.00
Flag question
Question text
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
Feedback
The correct answer is: can be an express contract
Question 19
Complete
Mark 0.00 out of 1.00
Flag question
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
Feedback
The correct answer is: really no contract at all
Question 20
Not answered
Marked out of 1.00
Flag question
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.
Feedback
The correct answer is: Voidable contract.
Question 21
Complete
Mark 1.00 out of 1.00
Flag question
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.
Feedback
The correct answer is: It means indicating one’s willingness to be bound by promises made
during minority.
Question 22
Complete
Mark 0.00 out of 1.00
Flag question
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.
Feedback
The correct answer is: Must return whatever they may have received under the contracts,
provided they still have possession of it.
Question 23
Complete
Mark 1.00 out of 1.00
Flag question
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.
Feedback
The correct answer is: Voidable.
Question 24
Complete
Mark 1.00 out of 1.00
Flag question
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.
Feedback
The correct answer is: Voidable.
Question 25
Complete
Mark 0.00 out of 1.00
Flag question
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

Feedback
The correct answer is: They have their own property to ensure implementing contractual
obligations
Question 26
Complete
Mark 1.00 out of 1.00
Flag question
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
Complete
Mark 1.00 out of 1.00
Flag question
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.
Feedback
The correct answer is: Bankruptcy.
Question 28
Complete
Mark 0.00 out of 1.00
Flag question
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 đấu thầu.

b. Substantial performance.

c. Satisfactory performance.
d. Tender of payment.
Feedback
The correct answer is: Tender of performance.
Question 29
Not answered
Marked out of 1.00
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.

Feedback
The correct answer is: He would recover the contract price minus the amount needed to paint
the trim because of substantial performance.
Question 30
Not answered
Marked out of 1.00
Flag question
Question text
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.
Feedback
The correct answer is: Liquidated damages.
Question 31
Complete
Mark 0.00 out of 1.00
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.
Feedback
The correct answer is: Common ownership in which each owner’s share of the ownership
right to the common property is determined.
Question 32
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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
Feedback
The correct answer is: Real estate
Question 33
Complete
Mark 1.00 out of 1.00
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.

Feedback
The correct answer is: real and personal.
Question 34
Complete
Mark 0.00 out of 1.00
Flag question
Question text
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

Feedback
The correct answer is: right granted to an author to exclusively publish and sell a literary
work.
Question 35
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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

Feedback
The correct answer is: as substance and can be touched
Question 36
Complete
Mark 1.00 out of 1.00
Remove flag
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.
Feedback
The correct answer is: $ 500 or more.
Question 37
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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 bán đấu giá.

d. Action.
Feedback
The correct answer is: Auction.
Question 38
Complete
Mark 1.00 out of 1.00
Flag question
Question text
When a person voluntarily acknowledges a fact during the course of some legal proceedings,
this is a _________________.
Select one:

a. Judicial admission. Thừa nhận tư pháp

b. All.

c. Judicial contract.

d. Normal admission.
Feedback
The correct answer is: Judicial admission.
Question 39
Complete
Mark 0.00 out of 1.00
Remove flag
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

Feedback
The correct answer is: the price is unidentified
Question 40
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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.
Feedback
The correct answer is: Nonresellable goods.
Question 41
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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.

Feedback
The correct answer is: Free on board.
Question 42
Complete
Mark 0.00 out of 1.00
Flag question
Question text
A sale or return is a kind of:
Select one:

a. conditional sale.

b. destination contract.
c. shipment contract.

d. shipping term.
Feedback
The correct answer is: conditional sale.
Question 43
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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
Feedback
The correct answer is: Goods have been delivered to the buyer or agent nominated by the
buyer
Question 44
Complete
Mark 0.00 out of 1.00
Flag question
Question text
Which of the following sentences is wrong?câu dài vl là sai
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.
Feedback
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
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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.
Feedback
The correct answer is: Seller.
Question 46
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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.
Feedback
The correct answer is: corporation.
Question 47
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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

Feedback
The correct answer is: he is unknown to the public and does not take part in the management
Question 48
Complete
Mark 0.00 out of 1.00
Flag question
Question text
Pooling of capital tập hợp vốn is one of ___________________:
Select one:

a. Disadvantages of partnership.

b. Advantages of partnership.

c. Advantages of corporation.lợi thế của tập đoàn

d. Disadvantages of corporation.
Feedback
The correct answer is: Advantages of corporation.
Question 49
Not answered
Marked out of 1.00
Flag question
Question text
Which of the following sentences is right? Ko cái nào đúng
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.
Feedback
The correct answer is: None of all.
Question 50
Complete
Mark 1.00 out of 1.00
Flag question
Question text
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

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

Question 1
Complete
Mark 1.00 out of 1.00
Flag question
Question text
________________ are enforced rules of conduct in a society.
Select one:

a. statutes

b. morals

c. laws
Feedback
The correct answer is: laws
Question 2
Complete
Mark 1.00 out of 1.00
Flag question
Question text
Ethical principles:
Select one:

a. Are usually a set of lower standards of behavior than laws.

b. Are determined by Congress.

c. Are developed from religious beliefs, experience, and cultural background.

d. Are static and unchanging.

Feedback
The correct answer is: Are developed from religious beliefs, experience, and cultural
background.
Question 3
Complete
Mark 1.00 out of 1.00
Flag question
Question text
_____________ are commissions or boards that have the power to regulate particular matters
or implement laws.
Select one:

a. All

b. Business agencies

c. Civil agencies

d. Administrative agencies (cơ quan hành chính)

Feedback
The correct answer is: Administrative agencies
Question 4
Complete
Mark 1.00 out of 1.00
Flag question
Question text
Status of a law that conflicts with a constitution and which is therefore invalid are
__________.
Select one:

a. unconstitutional (Trái hiến pháp)

b. wrong

c. right

d. illegal
Feedback
The correct answer is: unconstitutional
Question 5
Complete
Mark 1.00 out of 1.00

Flag question
Question text
What are the trial courts of the federal system called?
Select one:

a. State Supreme Court

b. Regional Courts

c. Small Claims Court

d. District Courts
Feedback
The correct answer is: District Courts
Question 6
Complete
Mark 0.00 out of 1.00
Flag question
Question text
The highest court in the state court system is the ( ).
Select one:

a. State Court of Appeals

b. Court of Records

c. Highest level of the state courts.

d. The State Supreme Court

Feedback
The correct answer is: The State Supreme Court
Question 7
Complete
Mark 1.00 out of 1.00
Flag question
Question text
The person who is harmed and who brings a lawsuit against the party that harmed him/her, is
called the ( ).
Select one:

a. Jury

b. Defendant.

c. Judge

d. Plaintiff. (nguyên đơn)

Feedback
The correct answer is: Plaintiff.
Question 8
Complete
Mark 0.00 out of 1.00
Flag question
Question text
Law interpretation  is one of functions of court in:
Select one:

a. Vietnam

b. England

c. Both Vienam and USA

d. USA
Feedback
The correct answer is: USA
Question 9
Complete
Mark 1.00 out of 1.00
Flag question
Question text
The lowest level of the federal court system is the:
Select one:

a. district court.

b. highest level of the state courts.

c. court of appeal

d. justice of the peace

Feedback
The correct answer is: district court.
Question 10
Complete
Mark 0.00 out of 1.00

Flag question
Question text
Attorneys, meet to try to resolve their dispute. A third party helps them to reach an
agreement. This is:
Select one:

a. negotiation

b. arbitration

c. mediation (hoà giải)

d. litigation
Feedback
The correct answer is: mediation
Question 11
Complete
Mark 0.00 out of 1.00

Flag question
Question text
What is contributory negligence?
Select one:

a. When the claimant has to pay damages to the defendant

b. When the claimant has also been negligent and is therefore partly to blame for their
injuries

c. When a passenger interferes with a driver who then crashes

d. When someone fails to pay damages when they should

Feedback
The correct answer is: When the claimant has also been negligent and is therefore partly to
blame for their injuries
Question 12
Complete
Mark 1.00 out of 1.00
Flag question
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 buying

b. Unfair competition

c. Unfair selling

d. Unfair thinking
Feedback
The correct answer is: Unfair competition
Question 13
Complete
Mark 0.00 out of 1.00

Flag question
Question text
Tortfeasor is a person:
Select one:

a. Causing the injury to other.

b. Violating the signed contract.

c. Causing inconvenience for another person.

d. All are wrong.

Feedback
The correct answer is: Causing the injury to other.
Question 14
Complete
Mark 0.00 out of 1.00
Flag question
Question text
The law permits people to sue for injuries caused by:
Select one:

a. The intentional and negligent acts of relatives.

b. The intentional and negligent acts of friends.

c. The intentional and negligent acts of others.

d. The intentional and negligent acts of him/herself.

Feedback
The correct answer is: The intentional and negligent acts of others.
Question 15
Complete
Mark 1.00 out of 1.00

Flag question
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.

Feedback
The correct answer is: All of the above.
Question 16
Complete
Mark 0.00 out of 1.00

Flag question
Question text
Illegal agreements are:
Select one:

a. void (vô hiệu)

b. enforceable if one party acted in good faith

c. voidable by one of the parties

d. voidable by either party

Feedback
The correct answer is: void
Question 17
Complete
Mark 1.00 out of 1.00

Flag question
Question text
Are all contracts the result of mutual promises by both parties?
Select one:

a. None of all.

b. Yes, unilateral contracts are the result of all parties' promise. All parties make promise,
and perform an act.
c. Yes, unilateral contracts are the result of only one promise. The other party makes no
promise, but performs an act.

d. No, unilateral contracts are the result of only one promise. The other party makes no
promise, but performs an act.
Feedback
The correct answer is: No, unilateral contracts are the result of only one promise. The other
party makes no promise, but performs an act.
Question 18
Complete
Mark 1.00 out of 1.00
Flag question
Question text
One of the main purposes of contract law is:
Select one:

a. to discourage harms against society

b. to ensure that promises made among private parties are enforceable

c. to ensure that one party does not threaten another

d. to discourage misuse of the environment

Feedback
The correct answer is: to ensure that promises made among private parties are enforceable
Question 19
Complete
Mark 0.00 out of 1.00

Flag question
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. Voidable contract.

b. Unenforceable contract.

c. Valid contract.

d. Void contract.
Feedback
The correct answer is: Voidable contract.
Question 20
Complete
Mark 0.00 out of 1.00

Flag question
Question text
In order to be legally binding, a contract
Select one:

a. may be oral, written or implied by action

b. must be signed by one or both parties

c. None of the above

d. must be in writing
Feedback
The correct answer is: may be oral, written or implied by action
Question 21
Complete
Mark 1.00 out of 1.00
Flag question
Question text
On electing to disaffirm contracts, minors __________________________:
Select one:

a. Do not need return whatever they may have received under the contracts, provided they
still have possession of it.

b. All.

c. Must return whatever they may have received under the contracts, provided they still have
possession of it.

d. May return whatever they may have received under the contracts, provided they still have
possession of it.
Feedback
The correct answer is: Must return whatever they may have received under the contracts,
provided they still have possession of it.
Question 22
Complete
Mark 0.00 out of 1.00

Flag question
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 have their own property to ensure implementing contractual obligations

b. They have their valid identity cards

c. They are married couples

d. They have no representatives at law

Feedback
The correct answer is: They have their own property to ensure implementing contractual
obligations
Question 23
Complete
Mark 1.00 out of 1.00

Flag question
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. Void.

b. All.

c. Unavoidable.

d. Voidable.
Feedback
The correct answer is: Voidable.
Question 24
Complete
Mark 1.00 out of 1.00

Flag question
Question text
Most contracts made by persons who have not reached the age of majority are:
Select one:

a. void.

b. enforceable.

c. valid.
d. voidable.
Feedback
The correct answer is: voidable.
Question 25
Complete
Mark 1.00 out of 1.00
Flag question
Question text
If an adult purchases personal property from a minor, the adult has only a _______________
title to the property.
Select one:

a. Lawful.

b. Voidable.

c. Void.

d. All.
Feedback
The correct answer is: Voidable.
Question 26
Complete
Mark 0.00 out of 1.00

Flag question
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. Satisfactory performance.

c. Substantial performance.

d. Tender of payment.
Feedback
The correct answer is: Tender of performance.
Question 27
Complete
Mark 0.00 out of 1.00
Flag question
Question text
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. Punitive damages.

c. Compensatory damages.

d. Nominal damages.
Feedback
The correct answer is: Liquidated damages.
Question 28
Complete
Mark 0.00 out of 1.00
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.

Feedback
The correct answer is: He would recover the contract price minus the amount needed to paint
the trim because of substantial performance.
Question 29
Complete
Mark 1.00 out of 1.00

Flag question
Question text
All of the following are ways of terminating a contract EXCEPT:
Select one:

a. termination at will. (chấm dứt theo ý muốn)

b. termination by agreement.

c. termination by impossibility of performance.

d. termination by performance.
Feedback
The correct answer is: termination at will.
Question 30
Complete
Mark 1.00 out of 1.00
 Flag question
Question text
________________, which occurs after the contract is made, is one of the most common
causes of discharge by impossibility of performance.
Select one:

a. Destruction of the subject matter.

b. Running of the statute of limitations.

c. Fully performance of contract.

d. All.
Feedback
The correct answer is: Destruction of the subject matter.
Question 31
Complete
Mark 0.00 out of 1.00

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 right to the common
property is undetermined.

b. Common ownership in which each owner’s share of the ownership right to the common
property is determined.

c. All.
d. Common ownership in which each owner’s share of the ownership benefit to the common
property is determined.
Feedback
The correct answer is: Common ownership in which each owner’s share of the ownership
right to the common property is determined.
Question 32
Complete
Mark 1.00 out of 1.00

Flag question
Question text
Tangible personal property is something that
Select one:

a. is copyrighted under the fair use doctrine.

b. has a trademark which distinguishes it from other property.

c. as substance and can be touched

d. has no substance and cannot be touched

Feedback
The correct answer is: as substance and can be touched
Question 33
Complete
Mark 0.00 out of 1.00

Flag question
Question text
A copyright is a(n)
Select one:

a. distinctive mark, symbol, or slogan used by a business to identify its goods

b. right granted to an author to exclusively publish and sell a literary work.

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

Feedback
The correct answer is: right granted to an author to exclusively publish and sell a literary
work.
Question 34
Complete
Mark 0.00 out of 1.00

Remove flag
Question text
Personal property, roughly speaking, is private property that is movable, as opposed to real
property or ________
Select one:

a. Real estate (bất động sản)

b. Allodial title

c. Ownership

d. Condominium
Feedback
The correct answer is: Real estate
Question 35
Complete
Mark 0.00 out of 1.00
Flag question
Question text
Property is divided into two main types:
Select one:

a. real and mislaid.

b. real and personal. (tài sản bất động và cá nhân)

c. personality and revisionary

d. chattel and personal

Feedback
The correct answer is: real and personal.
Question 36
Complete
Mark 1.00 out of 1.00

Flag question
Question text
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. Nonresellable goods.

b. All.

c. Existing goods.

d. Future goods.
Feedback
The correct answer is: Nonresellable goods.
Question 37
Complete
Mark 1.00 out of 1.00

Flag question
Question text
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. All.

b. Action.

c. Auction. (Đấu giá)

d. Performance.
Feedback
The correct answer is: Auction.
Question 38
Complete
Mark 1.00 out of 1.00
Flag question
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. $ 300 or more.

c. $ 500 or more.

d. $ 200 or more.
Feedback
The correct answer is: $ 500 or more.
Question 39
Complete
Mark 1.00 out of 1.00

Flag question
Question text
When a person voluntarily acknowledges a fact during the course of some legal proceedings,
this is a _________________.
Select one:

a. Normal admission.

b. Judicial contract.

c. All.

d. Judicial admission. (sự thừa nhận của tư pháp)

Feedback
The correct answer is: Judicial admission.
Question 40
Complete
Mark 0.00 out of 1.00
Flag question
Question text
Which of the following is NOT considered as a proof of oral contract to be permitted ( ).
Select one:

a. If the goods in question are of nonresellable nature

b. If it can be proven that goods were delivered by seller and were received and accepted by
buyer;

c. If a person voluntarily acknowledges a fact under oath during a legal proceeding

d. the price is unidentified

Feedback
The correct answer is: the price is unidentified
Question 41
Complete
Mark 1.00 out of 1.00

Flag question
Question text
The term F.O.B. means what?
Select one:

a. Finalize only with buyer

b. Freight onto the buyer.

c. Free on board.

d. Fixed on boat.
Feedback
The correct answer is: Free on board.
Question 42
Complete
Mark 1.00 out of 1.00

Remove flag
Question text
According to Vietnam's Commercial Law 2005, the seller transfers risk to the buyer as to
delivered goods if place of delivery is unidentified 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 first carrier

Feedback
The correct answer is: Goods have been delivered to the first carrier
Question 43
Complete
Mark 1.00 out of 1.00
Flag question
Question text
A sale or return is a kind of:
Select one:

a. shipment contract.

b. destination contract.

c. conditional sale.

d. shipping term.
Feedback
The correct answer is: conditional sale.
Question 44
Complete
Mark 0.00 out of 1.00

Remove flag
Question text
In order for an interest in goods to pass from the seller to the buyer, which conditions must
exist?
Select one:

a. The goods must be an integral part of a larger quantity of goods.

b. The goods be adequately discussed by the parties.

c. The goods must be in existence.

d. The goods must be intangible.

Feedback
The correct answer is: The goods must be in existence.
Question 45
Complete
Mark 1.00 out of 1.00
Remove flag
Question text
The ___________ bears the risk and expense until the goods are delivered at the FOB point
designated.
Select one:

a. Seller.

b. Buyer.

c. None of all.

d. Carrier.
Feedback
The correct answer is: Seller.
Question 46
Complete
Mark 1.00 out of 1.00
Flag question
Question text
A dormant partner shares what characteristics with both silent and secret partners?
Select one:

a. he is unknown 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 known to the public and takes part in the management

Feedback
The correct answer is: he is unknown to the public and does not take part in the management
Question 47
Complete
Mark 1.00 out of 1.00

Flag question
Question text
A corporation is a legal entity:
Select one:

a. created and recognized by state law.

b. created and recognized by an entrepreneurial agency.

c. created by the local government.

d. managed internally by the federal government.

Feedback
The correct answer is: created and recognized by state law.
Question 48
Complete
Mark 0.00 out of 1.00
Flag question
Question text
Which of the following sentences is right?
Select one:

a. Dormant partner is an active partner who attempts to conceal that fact from the public.

b. None of all.
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.
Feedback
The correct answer is: None of all.
Question 49
Complete
Mark 1.00 out of 1.00
Flag question
Question text
A separation between ownership and management is most likely to occur in a:
Select one:

a. general partnership.

b. limited liability partnership.

c. corporation.

d. sole proprietorship.
Feedback
The correct answer is: corporation.
Question 50
Complete
Mark 0.00 out of 1.00
Flag question
Question text
What potential penalties are there for a corporation that enters into an ultra vires contract?
Select one:

a. A stockholder must ignore loss to the corporation caused by the directors or officers by
such a contract. In extreme cases, the attorney general of a state may obtain a court order
revoking the articles of incorporation of the corporation for frequent or serious improper acts.

b. None of all.
c. A stockholder may bring an action to recover damages from the directors or officers who
have caused loss to the corporation by such a contract. In extreme cases, the attorney general
of a state may obtain a court order accepting the articles of incorporation of the corporation
for frequent or serious improper acts.

d. A stockholder may bring an action to recover damages from the directors or officers who
have caused loss to the corporation by such a contract. In extreme cases, the attorney general
of a state may obtain a court order revoking the articles of incorporation of the corporation
for frequent or serious improper acts.
Feedback
The correct answer is: A stockholder may bring an action to recover damages from the
directors or officers who have caused loss to the corporation by such a contract. In extreme
cases, the attorney general of a state may obtain a court order revoking the articles of
incorporation of the corporation for frequent or serious improper acts.

1. According to Code of Civil Procedure, who shall be competent to appeal according

to reopening procedures against the legally effective judgements/ 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) A and B are correct
D) A and B are incorrect

2. Which type of legislative document that are issued by Judge Council of the People’s
Supreme Court?
A) Decision
B) Decree
C) Circular
D) Resolution (Luật ban hành văn bản quy phạm pháp luật - Luật số 17/2008/QH12

3. What is appellate trial?

A) The re-trial by the appellate Court of a case with the first-instance court's
judgment or decision having not yet taken legal effect and 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.

4. Which organization, individual that has right to attend the appellate court sessions?
A) Appellants; the persons with related interests and obligations; expert-witnesses;
witnesses requested by the Courts.
B) Expert-witnesses; witnesses as requested by the Courts; representatives of
procuracy.
C) Appellants; persons with related interests and obligations; representatives of
procuracy.
D) Appellants; persons with related interests and obligations; expert-witnesses;
witnesses requested by the Courts.

5. Which individuals, organizations that are entitled to institute civil lawsuits?

A) Citizens, legal entities
B) Citizens, legal entities, Courts
C) Citizens, procuracies, People’s Procuracies
D) Legal persons being economic organisations, public security offices.

6. The statue of limitations for lawsuits applicable to commercial disputes shall be:
A) Two years from the moment when the legitimate rights and interests are
infringed upon, unless otherwise provided for by law.
B) Three years from the moment when the legitimate rights and interests are
infringed upon, unLess otherwise provided for by law.
C) Two years from the moment when the contract are signed by both parties, unless
otherwise provided for by law.
D) Three years from the moment when the contract are signed by both parties,
unless otherwise provided for by law.

7. Which of the following is real property?

A) Car
B) Air conditioning in a cool warehouse
C) Air conditioner
D) Stock

8. 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.

9. 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.

10.______ is the failure to exercise reasonable care.

A) Constitution
B) Equity
C) Negligence
D) Precedent

11.______ is a decided case that determines the decision of a subsequent case because
they are similar.
A) Constitution
B) Equity
C) Negligence
D) Precedent

12.In order 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) Both of them
D) None of them

13.Federal district courts:

A) Are appellate courts.
B) Do not hear criminal cases.
C) Have jurisdiction of civil suits where the amount in controversy is lessthan
$5,000.
D) Hear all criminal cases involving a violation of federal law.

14.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.
15._____ is the defendant's responses to the facts alleged in a complaint.
A) Admission
B) Answer
C) Jurisdiction
D) Summons

16.A person whose action causes a private wrong or injury to another is called
a(n)____.
A) communication
B) larceny
C) tortfeasor
D) fraud

17.all of a bank's deposits to be credited to one person's account constitutes a business

____________________.
A) strict tort liability
B) larceny
C) tortfeasor
D) fraud

18.The transfer of possession of personal property on condition the property will be

returned, which is called as _______.
A) abandoned property
B) lost property
C) bailment
D) bailee

19.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

20.The current Constitution of Vietnam is issued in:

A) 1980
B) 1992
C) 2001
 D) 2013

21.Mrs. Hoa who is a Vietnamese immigrant to Switzerland signed a contract with

company A specializing interior design. During the period of the contract, company
A was in breach of the contract but it did not conduct the penalty. Mrs. Hoa can sue
for breach of the contract. So, which court that has jurisdiction over the case?
A. Courts of provinces and centrally run cities.
B. Courts of rural districts, urban districts, towns, provincial cities and equivalent.
C. The supreme People’s Court.
D. Military courts

Yes/No??
1. Does everyone who benefits by the performance of a contract between others have
rights under the contract? No

2. May all rights under a contract be assigned? No

3. May the parties to a contract include a prohibition of the assignment of rights

thereunder? Yes

4. Generally, if a party to a contract makes several assignments and notice of all is given,
does the law give priority in the order in which the assignments were made? Yes

5. Does a delegation relieve the delegating party of all liability under the contract? No

6. When a joint contract is not carried out may the aggrieved party sue just one of the
obligors? No

True/False
1. A right to personal services cannot be assigned. True

2. A novation can be implied from the parties' actions. True

3. The nonassigning party retains all rights and defenses as though there had never been
an assignment. True

4. An assignor makes no warranties as a result of an assignment. False

5. An assignment must be in writing. False

22.According to Code of Civil Procedure, who shall be competent to appeal according
to reopening procedures against the legally effective judgements/ 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) A and B are correct
D) A and B are incorrect

23.Which type of legislative document that are issued by Judge Council of the People’s
Supreme Court?
A) Decision
B) Decree
C) Circular
D) Resolution (Luật ban hành văn bản quy phạm pháp luật - Luật số 17/2008/QH12

24.What is appellate trial?

A) The re-trial by the appellate Court of a case with the first-instance court's
judgment or decision having not yet taken legal effect and 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.

25.Which organization, individual that has right to attend the appellate court sessions?
A) Appellants; the persons with related interests and obligations; expert-witnesses;
witnesses requested by the Courts.
B) Expert-witnesses; witnesses as requested by the Courts; representatives of
procuracy.
C) Appellants; persons with related interests and obligations; representatives of
procuracy.
D) Appellants; persons with related interests and obligations; expert-witnesses;
witnesses requested by the Courts.

26.Which individuals, organizations that are entitled to institute civil lawsuits?

A) Citizens, legal entities
B) Citizens, legal entities, Courts
 C) Citizens, procuracies, People’s Procuracies
D) Legal persons being economic organisations, public security offices.

27.The statue of limitations for lawsuits applicable to commercial disputes shall be:
A) Two years from the moment when the legitimate rights and interests are
infringed upon, unless otherwise provided for by law.
B) Three years from the moment when the legitimate rights and interests are
infringed upon, unLess otherwise provided for by law.
C) Two years from the moment when the contract are signed by both parties, unless
otherwise provided for by law.
D) Three years from the moment when the contract are signed by both parties,
unless otherwise provided for by law.

28.Which of the following is real property?

A) Car
B) Air conditioning in a cool warehouse
C) Air conditioner
D) Stock

29.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.

30.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.

31.______ is the failure to exercise reasonable care.

A) Constitution
B) Equity
C) Negligence
D) Precedent

32.______ is a decided case that determines the decision of a subsequent case because
they are similar.
 A) Constitution
B) Equity
C) Negligence
D) Precedent

33.In order 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) Both of them
D) None of them

34.Federal district courts:

A) Are appellate courts.
B) Do not hear criminal cases.
C) Have jurisdiction of civil suits where the amount in controversy is lessthan
$5,000.
D) Hear all criminal cases involving a violation of federal law.

35.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.

36._____ is the defendant's responses to the facts alleged in a complaint.

A) Admission
B) Answer
C) Jurisdiction
D) Summons

37.A person whose action causes a private wrong or injury to another is called
a(n)____.
A) communication
B) larceny
C) tortfeasor
D) fraud

38.all of a bank's deposits to be credited to one person's account constitutes a business

____________________.
 A) strict tort liability
B) larceny
C) tortfeasor
D) fraud

39.The transfer of possession of personal property on condition the property will be

returned, which is called as _______.
A) abandoned property
B) lost property
C) bailment
D) bailee

40.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

41.The current Constitution of Vietnam is issued in:

A) 1980
B) 1992
C) 2001
D) 2013

42.Mrs. Hoa who is a Vietnamese immigrant to Switzerland signed a contract with

company A specializing interior design. During the period of the contract, company
A was in breach of the contract but it did not conduct the penalty. Mrs. Hoa can sue
for breach of the contract. So, which court that has jurisdiction over the case?
A. Courts of provinces and centrally run cities.
B. Courts of rural districts, urban districts, towns, provincial cities and equivalent.
C. The supreme People’s Court.
D. Military courts

Yes/No??
7. Does everyone who benefits by the performance of a contract between others have
rights under the contract? No
 8. May all rights under a contract be assigned? No

9. May the parties to a contract include a prohibition of the assignment of rights

thereunder? Yes

10.Generally, if a party to a contract makes several assignments and notice of all is given,
does the law give priority in the order in which the assignments were made? Yes

11.Does a delegation relieve the delegating party of all liability under the contract? No

12.When a joint contract is not carried out may the aggrieved party sue just one of the
obligors? No

True/False
6. A right to personal services cannot be assigned. True

7. A novation can be implied from the parties' actions. True

8. The nonassigning party retains all rights and defenses as though there had never been
an assignment. True

9. An assignor makes no warranties as a result of an assignment. False

10.An assignment must be in writing. False

QUIZ 1:
Question 2
What are the trial courts of the federal system called?
Select one:
a. State Supreme Court
b. District Courts
c. Regional Courts
d. Small Claims Court
Question 3
Power of the court to decide a case is called _______________
Select one:
a. rights
b. equity
c. jurisdiction
d. administrative
Question 5
In Vietnam, the legal document having the highest validity is:
Select one:
a. Resolution.
b. Law.
c. Constitution.
d. Official letter.
Question 6
To be valid, an agreement to a contract must include:
Select one:
a. a fair bargain.
b. an offer.
c. a fair price.
d. a physical sample of the good for sale.
Question 7
Which of the following IS NOT a requirement of a valid contract?
Select one:
a. The subject matter of the contract must be legal
b. There must be inconsideration
c. Both parties must have genuinely consented to the contract
d. There must be a valid agreement
Question 8
In contract law, consideration means:
Select one:
a. the legality of the subject matter of a contract
b. the promises or something else of value
c. the genuine consent of both parties
d. the ability of a party to enter into a legal contract
Question 9
Kim offers to sell George her one-year old CD player for $75. George accepts the offer. At
this point:
Select one:
a. you have an offer to negotiate.
b. you have a legally valid contract.
c. you have a preliminary agreement.
d. you have a fully executed contract.
Question 10
Illegal agreements are:
Select one:
a. voidable by either party
b. voidable by one of the parties
c. enforceable if one party acted in good faith
d. void
Question 11
The communication requirement of an offer requires:
Select one:
a. the offeror to accept the offer within 7 days.
b. the offeree to tell the offeror about the offer in some effective way.
c. the offeror to hear the offer first-hand.
d. the offeree to mail an offer to the offeror before a communication is valid.
Question 12
In order for an offer to be effective, which of the following IS NOT necessary?
Select one:
a. There must be a serious, objective intent by the offeror
b. The offer must be communicated to the offeree
c. The price requested must be acceptable by a reasonable person
d. The terms of the offer must be reasonably certain and definite
Question 13
Which of the following sentences is right?
Select one:
a. If the offeror receives something of value in return for a promise to hold the offer open,
the offeror can revoke such offer.
b. None of all.
c. If the offeror receives something of value in return for a promise to hold the offer open,
the offeror cannot revoke such offer.
d. If the offeror receives something of value in return for a promise to hold the offer open,
the offeror can revoke such offer, but the revocation must be made after three months from
the date of sending original offer.
Question 14
According to Vietnam’s Civil Code, a valid acceptance can be made ( ).
Select one:
a. Oral
b. Implied action of the offeree
c. Writing
d. Oral; Writing and/or Implied action of the offeree
Question 15
All of the following are offers that are obviously NOT made with the intent of entering into a
valid, enforceable agreement, EXCEPT:
Select one:
a. under severe emotional strain.
b. through electronic means.
c. under jest.
d. in anger.
Question 16
Does silence constitute an acceptance?
Select one:
a. No, it does not.
b. Yes, it does.
c. All are wrong.
d. Yes, it does, but in rare cases.
Question 18
The lowest level of the federal court system is the:
Select one:
a. court of appeal
b. justice of the peace
c. highest level of the state courts.
d. district court.
Question 19
Attorneys, meet to try to resolve their dispute. A third party helps them to reach an
agreement. This is:
Select one:
a. mediation
b. litigation
c. negotiation
d. arbitration
Question 20
Law interpretation is one of functions of court in:
Select one:
a. Both Vienam and USA
b. Vietnam
c. USA
d. England
Question 18
Long-arm statutes are laws:
Select one:
a. Providing company establishment procedure
b. Allowing Congress to apply criminal penalty
c. Allowing US citizen to conduct business
d. Allowing a state to have jurisdiction over nonresidents.
Question 19
The highest court in the state court system is the ( ).
Select one:
a. Court of Records
b. State Court of Appeals
c. Highest level of the state courts.
d. The State Supreme Court
Question 20
The person who is harmed and who brings a lawsuit against the party that harmed him/her, is
called the ( ).
Select one:
a. Defendant.
b. Judge
c. Plaintiff.
d. Jury
QUIZ 2:
Question 1
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. Compensatory damages.
b. Liquidated damages.
c. Punitive damages.
d. Nominal damages.
Question 3
________________, which occurs after the contract is made, is one of the most common
causes of discharge by impossibility of performance.
Select one:
a. Running of the statute of limitations.
b. Fully performance of contract.
c. Destruction of the subject matter.
d. All.
Question 6
If the illegal sale is wholly executory, that is, has not yet been completed, ______________.
Select one:
a. The transaction is a contract to sell and will not be enforced.
b. The transaction is a contract to sell and the courts will leave the parties where it finds
them.
c. The transaction is a contract to sell and will be enforced.
d. The transaction is a contract to sell and the courts will not normally intervene to aid either
party.
Question 7
Examples of future goods include all of the following except one:
Select one:
a. goods not yet delivered
b. goods not yet manufactured
c. unborn livestock and pets
d. growing crops and timber
Question 8
What are identified goods?
Select one:
 a. Identified goods are goods that the seller and buyer have agreed are to be received by the
buyer or have been picked out by the seller.
b. Identified goods are goods that the seller and buyer have agreed are to be received by the
seller or have been picked out by the buyer.
c. Identified goods are goods that are not yet owned by the seller or not yet in physical
existence.
d. None of all.
Question 9
Non-resellable goods are:
Select one:
a. Goods that can be used for one time
b. Goods are for export only
c. Goods are prohibited by law
d. Goods that are specifically made for the buyer and are not suitable for sale in the ordinary
course of the seller’s business
Question 10
Goods that do not exist at the time of the sales transaction, but are expected to come into the
possession of the seller, are considered
Select one:
a. impending goods
b. late goods
c. future goods
d. non-existent goods
Question 12
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. All.
b. Nonresellable goods.
c. Existing goods.
d. Future goods.
Question 13
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. Action.
b. Performance.
c. Auction.
d. All.
Question 14
Under a shipment contract, title passes from the seller to buyer:
Select one:
a. when the goods are created.
b. when the goods are delivered to the buyer's office.
c. when the goods are identified.
d. at the time and place of shipment, typically by a carrier
Question 15
Which of the following sentences is right?
Select one:
a. If the seller is a merchant, the risk of loss passes to the buyer when the goods are received
from the merchant.
b. If the seller is a nonmerchant, the risk passes when the buyer tenders or makes available
the goods to the seller.
c. When the contract is a shipment contract, the seller completes the performance of the
contract when the goods are consumed by a carrier for shipment to the buyer.
d. When the seller is required to deliver goods to a particular destination, the contract is a
shipment contract.
Question 16
Which of the following sentences is wrong?
Select one:
 a. 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.
b. 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.
c. 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.
d. None of all.
Question 17
According to Vietnam's Commercial Law 2005, the seller transfers risk to the buyer as to
delivered goods if place of delivery is unidentified when ( ).
Select one:
a. The buyer has completed checking the goods
b. Substantive payment has been made
c. Full payment has been made
d. Goods have been delivered the to first carrier
Question 18
In a contract for delivery at destination the title and the risk of loss pass to the buyer:
Select one:
a. when the goods are successfully given to the carrier
b. when the goods are marked for the buyer
c. when the goods are insured by the buyer.
d. when the goods are tendered to the destination.
Question 19
The ___________ bears the risk and expense until the goods are delivered at the FOB point
designated.
Select one:
a. Carrier.
b. Seller.
c. Buyer.
d. None of all.
Question 20
________________ are goods of a homogeneous or like nature that may be sold by weight or
measure.
Select one:
a. Fungible goods.
b. Future goods.
c. All.
d. Unidentified goods.
Question 21:
A quasi-contract may be defined as:
Select one:
a. a true contract
b. a fictional contract
c. an actual contract
d. an implied-in-law contract
Question 29:
If, after an offer has been made, the ______________________ becomes illegal, the offer is
terminated.
Select one:
a. Legal regulations.
b. Offeree.
c. All.
d. Performance of the contract.
Question 22:
A counteroffer is a(n) ( ).
Select one:
a. Acceptance of the original offer.
b. Acceptance of the original offer and an invitation to negotiate further.
c. Rejection of the original offer.
d. A revocation of the original offer.
Question 23:
Most contracts made by persons who have not reached the age of majority are:
Select one:
a. voidable.
b. void.
c. valid.
d. enforceable.
Question 24:
A ____________________ is a person to whom the promisee owes an obligation or duty that
will be discharged to the extent that the promisor performs the promise.
Select one:
a. Donee beneficiary.
b. Creditor beneficiary.
c. Incidental beneficiary.
d. All.
Question 25:
Which of the following sentences is right?
Select one:
a. In the event the assignor assigns a larger sum than the debtor owes, the debtor has no
obligation to pay the entire assignment.
b. All.
c. In the event the assignor assigns a larger sum than the debtor owes, the debtor must pay
the entire assignment.
d. None of all
Question 26:
In contracts where the promisee intends to make a gift to a third party, that third party is
called:
Select one:
a. a donee beneficiary (not intends)
b. a donor beneficiary
c. an incidental beneficiary
d. None of the above
Question 27:
The person to whom rights in a contract are assigned is called the ( ).
Select one:
a. Obligor
b. Assignor
c. Obligee
d. Assignee
Question 28:
If someone buys an insurance policy that will pay another $150,000 in the event of his death,
that person is considered:
Select one:
a. an unintended beneficiary.
b. a donee beneficiary.
c. a donor beneficiary.
d. a creditor beneficiary.

Quiz Answers and Explanations

Agreement and Consideration

1. In the U.S., the law of contracts adheres to:

a. the objective theory of contracts.

Correct. U.S. courts hold a party's words and conduct to mean whatever a
reasonable person in offeree's position would think they mean.
b. the revision theory of contracts.
Incorrect. There is no such thing as a revision theory of contracts.
 c. the just price theory of contracts.
Incorrect. A just price is an issue of concern among theologians and in civil law
(as opposed to common law) countries.
d. the subjective theory of contracts.
Incorrect. French courts apply a subjective theory of contracts, not U.S. courts.

2. In order for an offer to be effective, which of the following IS NOT necessary?

a. The offer must be communicated to the offeree.

Incorrect. If an offeror doesn't know about the offer it is not effective.
b. The price requested must be acceptable by a reasonable person.
Correct. There are no requirements that the price requested be reasonable.
c. The terms of the offer must be reasonably certain and definite.
Incorrect. The terms must be clear and definite enough that the parties can
determine the terms of the contract.
d. There must be a serious, objective intent by the offeree.
Incorrect. It is necessary to show an objective intent on the part of the offeree.

3. Kim offers to sell George her one-year old CD player for $75. George accepts the offer. At
this point:

a. you have an offer to negotiate.

Incorrect. With a clear offer and an acceptance you have a valid contract.
b. you have a preliminary agreement.
Incorrect. From an objective perspective, it seems Kim had a real intention to sell
the CD player for $75. Therefore, the contract is valid, not preliminary.
c. you have a legally valid contract.
Correct. This agreement meets the three requirements for a valid offer and
acceptance.
d. you have a fully executed contract.
Incorrect. The contract will not be fully executed until George pays Kim and Kim
turns over the CD player.

4. If Kim tells George, "you know, I've been thinking about selling my CD player for under
$100," this constitutes:

a. a. a valid offer.
a. Incorrect. Kim is only expressing an intention to do something in the future.
This is not a valid offer.
b. b. a counteroffer.
b. Incorrect. Kim had not made a counteroffer, she has only expressed an intent
to do something in the future.
 c. c. a preliminary negotiation.
c. Incorrect. It does not appear that there is an invitation to negotiate here, only
an expression of an intent to act later.
d. d. a statement of intent.
Correct. Kim is expressing her intention to act at a later time.

5. You read in a catalogue about a great new laptop computer that you would love to have,
and see that the computer is priced so that you can afford it. If you call the company to place
an order and are told "Sorry, we're all out!" you may:

a. a. sue for breach of contract.

a. Incorrect. There is no valid offer, thus no contract in this case.
b. b. sue based on a valid offer.
b. Incorrect. The catalogue listing was an offer to negotiate, not a valid offer.
c. c. try somewhere else, this is not a valid offer.
Correct. The catalogue is not legally responsible for your disappointment because
they made no valid offer.
d. d. hold the company liable, this was an unreserved auction.
d. Incorrect. This was not an auction but rather an offer to negotiate.

6. The difference between a reserved and an unreserved auction is:

a. a reserved auction is attended only by qualified purchasers.

Incorrect. There is no legal requirement that purchasers be pre-qualified in
auctions and this is not a difference between the two kinds of auctions.
b. in an unreserved auction the goods for sale may not be withdrawn and must be sold to
the highest bidder.
Correct. Once an offer is accepted the goods must be sold.
c. in a reserved auction the goods for sale may not be withdrawn and must be sold to the
highest bidder.
Incorrect. The seller may stipulate that goods will be sold only after reviewing an
offer.
d. in an unreserved auction only sales for cash are allowed.
Incorrect. There is no "cash only" policy that would differentiate reserved from
unreserved auctions.

7. Daniel offers to sell Jonathan his motorcycle at some time in the future. Jonathan accepts.
Is there a valid contract?

a. Probably not, the terms are not definite.

Correct. Daniel has not said when or for how much he would sell the motorcycle.
These are important terms of the contract and without them, a court would
probably find that there is no valid offer.
 b. Probably so.
Incorrect. Because the terms of the contract are indefinite, a court would
probably find there is no valid contract.
c. Definitely not because Daniel failed to communicate the offer.
Incorrect. Daniel did communicate the offer to Jonathan, it just wasn't a definite
offer.
d. Definitely not because the acceptance was invalid.
Incorrect. Jonathan accepted in a valid fashion. It was Daniel's offer that was
probably invalid.

8. The communication requirement of an offer requires:

a. the offeror to mail an offer to the offeree before a communication is valid.

Incorrect. There is no requirement that an offer be mailed to meet this
requirement.
b. the offeree to hear the offer first-hand.
Incorrect. There is no requirement that the offeree hear the offer - only receive it
in some effective form.
c. the offeror to tell the offeree about the offer in some effective way.
Correct. The offeror can write, fax, email, tell or otherwise inform the offeree
about the offer, so long as the communication is effective.
d. the offeree to accept the offer within 7 days.
Incorrect. There is no requirement that the offeree accept within a certain
timeframe for the communication to be valid.

9. In the famous case of Glover v. Jewish War Veterans of the U.S., Post No. 58, the main
issue at trial was:

a. a. whether Mrs. Glover engaged in a real auction of war memorabilia.

a. Incorrect. This case did not deal with an auction.
b. b. whether the veterans adequately paid Mrs. Glover.
b. Incorrect. The veterans did not pay Mrs. Glover. This was not the issue.
c. c. whether the offer was definite enough.
c. Incorrect. The offer was definite. This was not the issue.
d. d. whether the offer was communicated to Mrs. Glover.
Correct. The issue involved the offer's communication. Mrs. Glover didn't find
out about the offer until after she acted. Therefore, the court held, the offer was
not effectively communicated to her.

10. Which of the following IS NOT an effective way to terminate an offer?

a. By rejection.
Incorrect. A rejection is a valid way to terminate an offer.
 b. By acceptance.
Correct. This is not a valid way to terminate an offer. Acceptance makes the
contract valid.
c. By counteroffer.
Incorrect. A counteroffer will terminate the original offer.
d. By revocation.
Incorrect. A revocation will terminate the offer.

11. Filomena offers to sell Rhonda her collection of rare books. Before Rhonda even has a
chance to accept, Filomena says, "Sorry, I changed my mind, no deal." This is an example of:

a. a revocation.
Correct. Filomena withdrew, or revoked, the offer.
b. a rejection.
Incorrect. Filomena did not reject the offer, she withdrew it. If Rhonda said, "No
way, that's a ridiculous price!" that would have been a rejection.
c. a counteroffer.
Incorrect. A counteroffer is made by the other party, not the original offeror.
d. a restitution.
Incorrect. Restitution is not a way to terminate an offer.

12. Filomena offers to sell Rhonda her rare-book collection. On Wednesday, Rhonda calls to
accept. However, on Tuesday afternoon Filomena mailed a revocation to Rhonda, who lives
across the country. In this case:

a. Rhonda's acceptance is invalid because it came before the revocation.

Incorrect. Rhonda's acceptance came before the revocation so it appears valid.
b. Rhonda's acceptance is valid, and Filomena's revocation too late.
Correct. Rhonda's acceptance is good as soon as she phones and Filomena's
revocation is not good until it is received, so Rhonda gets the books.
c. Rhonda acceptance is invalid because Filomena's revocation is valid.
Incorrect. Rhonda's acceptance is valid because Filomena revoked too late.
d. Rhonda rejected the offer, so the offer is terminated.
Incorrect. Rhonda's did not reject the offer, she accepted it.

13. Suppose now that instead of accepting Filomena's offer, Rhonda send her a letter rejecting
the offer. This rejection becomes effective:

a. as soon as Rhonda composes it.

Incorrect. The rejection is not effective until it is received.
b. as soon as Rhonda mails it.
Incorrect. The rejection, unlike the acceptance, is not effective until it is received.
 c. as soon as Filomena receives it.
Correct. A rejection is effective when it is actually received.
d. only after Filomena makes a counteroffer.
Incorrect. Filomena does not need to compose a counteroffer for Rhonda's
rejection to be effective.

14. If Rhonda calls Filomena and says, "I like your book collection but I will not pay $3,500
for it, I'll only pay $2,750," what is Rhonda's statement?

a. A revocation.
Incorrect. A revocation happens when Filomena withdraws HER offer.
b. A rejection.
Incorrect. A rejection happens when Rhonda says, "no thanks!" and that's all.
c. A contingent offer.
Incorrect. This offer is not contingent, it is a counteroffer.
d. A counteroffer.
Correct. Rhonda offered Filomena other terms from those originally proposed.
This is a counteroffer.

15. If, after making her offer, Filomena is accidentally killed in an automobile accident:

a. the offer ends by lapse of time.

Incorrect. The problem here isn't lapse of time, it is death, though both are ways
in which an offer may terminate by operation of the law.
b. the offer ends by operation of law.
Correct. Death of a party is one way that an offer may be terminated by operation
of the law.
c. the offer is revoked.
Incorrect. Filomena did not revoke her offer.
d. the offer is rejected.
Incorrect. Rhonda did not reject the offer.

16. An acceptance must exactly match the terms of the offer in order to be valid. This is
known as:

a. the specificity principle.

Incorrect. Terms may need to be specific but this is not the term for an effective
acceptance.
b. the mailbox rule.
Incorrect. The mailbox rule has to do with the timing of an acceptance.
c. the legal sufficiency rule.
Incorrect. The proper term for an acceptance matching an offer is the mirror-
image rule.
 d. the mirror image rule.
Correct. If an acceptance does not mirror the terms of the offer, it is not effective,
it is a counteroffer.

17. The typical rule about silence is:

a. silence always constitutes acceptance.

Incorrect. The typical rule is that silence DOES NOT constitute acceptance.
b. silence is always considered a counteroffer.
Incorrect. Typically courts do hold that silence is a counteroffer.
c. silence is ordinarily not considered an acceptance.
Correct. Silence is typically not considered an acceptance.
d. silence is never an acceptance.
Incorrect. In some particular cases, silence may be an acceptance.

18. The mailbox rule says that:

a. an offer is valid only if mailed.

Incorrect. The mailbox rule deals with acceptances, not offers.
b. an acceptance is valid only if mailed.
Incorrect. The mailbox rule does not require mailing, only dispatch by some
authorized means - maybe mailing, but maybe Federal Express, or fax, or email
or in person.
c. an offer is valid once it is deposited in a mailbox.
Incorrect. The rule deals with acceptances, not offers.
d. an acceptance is effective upon dispatch in some authorized means.
Correct. Once an acceptance is dispatched (sent, communicated) in an authorized
way, it is effective.

19. Consideration must be both legally sufficient in value and:

a. morally acceptable.
Incorrect. Although it is preferable for consideration to be morally acceptable, it
is not a legal requirement that it be so.
b. reflect a bargained-for exchange.
Correct. Consideration must involve some bargained-for exchange, otherwise, you
have a gift.
c. accurately reflect the intentions of the offeror's family.
Incorrect. The intentions of the offeror's family are not relevant.
d. there is no other legal requirement for consideration.
Incorrect. Consideration has two essential parts, not one.
20. Under the important common-law doctrine of freedom-of-contract, parties to a contract:

a. are usually free to bargain as they wish.

Correct. Usually, you may bargain as you wish, with some few exceptions.
b. may only bargain for a fair price, as determined by their trade.
Incorrect. U.S. courts are not typically concerned that a bargain include a fair
price.
c. may only give gifts to family members.
Incorrect. You are free to contract with family members.
d. may only bargain with people to whom you are not related.
Incorrect. You are free to contract with family members as well as people who
aren't related to you.

Quiz Answers and Explanations

Third Party Rights and Discharge

1. The transfer of a right to a third person is known as:

a. a delegation.
Incorrect. Delegation refers to a transfer of duties, not rights.
b. an assignment.
Correct. An assignment occurs when rights are transferred to a third party.
c. a restitution
Incorrect. A restitution occurs when a party to a contract is restored to his or her
original - pre-contractual - position.
d. a reformation.
Incorrect. A reformation occurs when a court changes some terms of a contract.

2. Parties have corresponding rights and duties in which type of a contract?

a. A bilateral contract.
Correct. A mutual, or bilateral, contract involves two parties with corresponding
duties and rights.
b. A unilateral contract.
Incorrect. A unilateral contract is not mutual, only one party has duties.
c. A void contract.
Incorrect. A void contract is not a contract at all and so neither party has rights
or duties.
d. A one-sided contract.
Incorrect. A one-sided, or unilateral, contract does not involve corresponding
rights and duties.
3. The person to whom rights in a contract are assigned is called the:

a. obligor.
Incorrect. The obligor is the original party to the contract.
b. obligee.
Incorrect. There is no obligee in an assignment.
c. assignor.
Incorrect. The assignor is the party who makes the assignment.
d. assignee.
Correct. The assignee is the party to whom the assignment of rights is made.

4. If you contract with National Bank for a home mortgage and National transfers its right to
receive payment from you to Jones' Bank, National Bank is called:

a. the obligor.
Incorrect. You are the obligor in this case.
b. the assignor.
Correct. National Bank assigned its right to receive payment, so it is the assignor.
c. the assignee.
Incorrect. Jones' Bank is the assignee in this case.
d. the contractee.
Incorrect. There is no such thing as a contractee.

5. As a general rule, which rights can be assigned?

a. Only rights to receive negotiable instruments.

Incorrect. As a general rule, all rights may be assigned.
b. Only rights to receive monetary damages.
Incorrect. More rights than just the right to receive monetary damages may be
assigned.
c. All rights.
Correct. In general, with some exceptions, all rights may be assigned.
d. No rights may be assigned, only duties may be assigned.
Incorrect. Rights may be assigned, duties are delegated.

6. If Sally argues to work as a chef for Fred and Fred assigns his right to Sally's services to
Don, this assignment:

a. generally will not be allowed because it involves personal services.

Correct. As a general rule, when a contract is for personal services, the rights
under that contract may not be assigned.
 b. generally will be allowed because it is an assignment rather than a delegation.
Incorrect. Such rights generally may not be assigned, the issue of delegation does
not arise because a duty is not involved.
c. will never be allowed, in any circumstance.
Incorrect. If, in this case, all that remained to be done was to pay Sally - if, in
other words she had already cooked for Don - then a court might allow this
assignment.
d. will be allowed only if Don agrees.
Incorrect. It is Sally's agreement rather than Don's that is the key issue here.

7. The term "alienation" means:

a. the process of moving from one state to another.

Incorrect. You may become alienated when you move, but the term does not refer
to moving out-of-state.
b. the process of moving from one country to another.
Incorrect. Once again, you may become alienated moving out of the country, but
the term doesn't refer to this kind of malaise.
c. the process of transferring land out of one's possession.
Correct. When you transfer land you "alienate" it.
d. the process of transferring someone else's property.
Incorrect. Alienation refers to your land, not someone else's property.

8. When someone transfers her contractual rights to you in an assignment, you would be well
advised to:

a. provide the obligor with a huge money payment.

Incorrect. This would typically not be advisable.
b. always do nothing, this is safest.
Incorrect. Although you do not legally need to do anything, it is oftentimes safest
to inform the obligor of the change.
c. tell the assignee what has happened.
Incorrect. The assignee has transferred her right to you, she already knows what's
up.
d. notify the obligor.
Correct. Although there is no legal obligation to do so, it may be wise to inform
the obligor when rights are transferred to you.

9. When you transfer contractual duties to someone else, this is known as:

a. a revitalization.
Incorrect. Revitalization is not the term for the transfer of duties.
 b. a delegation.
Correct. When you transfer contractual duties you delegate them.
c. a differentiation.
Incorrect. The term for a transfer of contractual duties is not "differentiation."
d. an assignment.
Incorrect. You assign contractual rights and delegate contractual duties.

10. As a general rule, which of the following is a duty that MAY NOT be delegated?

a. a duty to transport paper in a tractor trailer.

Incorrect. This duty does not involve unique skills or talents and so could be
delegated.
b. a duty to paint a portrait.
Correct. This duty involves unique personal skills or talents and so may not be
delegated.
c. a duty to supply paper clips.
Incorrect. This duty involves no unique skills or talents and so may be delegated.
d. a duty to supply ice to a concession stand.
Incorrect. This duty does not involve a unique skill or talent.

11. If Larry contracts with George to have George write a chapter of a book, and George
delegates his duty to Joanne, this delegation:

a. will probably not be good because the duty involved personal services.
Correct. Presumably George has some unique talent for writing the chapter or
some special expertise, therefore, the delegations would be ineffective.
b. will probably be good because the duty involved personal services.
Incorrect. This delegation would probably be ineffective.
c. is not a delegation at all; it is an assignment.
Incorrect. This is not an assignment because it involves duties.
d. will be allowed based on the doctrine of alienation.
Incorrect. The doctrine of alienation does not apply here.

12. If Carlos contracts with Maryann to paint her house and if Carlos (with Maryann's
approval) delegates his duties to James, what happens if James fails to paint the house?

a. Nothing. Maryann is out of luck.

Incorrect. Maryann does have recourse; she may sue.
b. Maryann may sue both Carlos and James.
Correct. As a general rule, Maryann may sue either Carlos or James or both.
c. Maryann may sue only James.
Incorrect. Maryann may sue Carlos also.
 d. Maryann may sue only Carlos.
Incorrect. Maryann may sue James also.

13. If your Dad enters into a life insurance contract which states that you will receive $75,000
when he dies, you are:

a. a substantial performer.
Incorrect. You may be substantial and you may perform, but you are not a
substantial performer in this case as far as contract law is concerned.
b. an assignee to the contract.
Incorrect. You are not a main party to the contract so you cannot assign any
rights.
c. a third-party beneficiary.
Correct. As a person for whose benefit the contract is made, but as a non-party,
you are considered a third-party beneficiary.
d. a delegator.
Incorrect. You are not a main party to the contract and so cannot be a delegator.

14. The famous case of Lawrence v. Fox involved:

a. whether or not someone was a third-party beneficiary to a contract.

Correct. The question was whether or not Lawrence was a third-party beneficiary
to a contract between Holly and Fox.
b. whether or not a donee beneficiary could recover in court.
Incorrect. Because no gift was involved this case did not involve donee
beneficiaries.
c. whether or not vested third-party rights could be discussed in court.
Incorrect. This case was not about vested rights and whether or not they could be
discussed in court.
d. whether or not a party to a contract was a valid obligor.
Incorrect. This case did not involve a question about an obligor.

15. Melissa promises to pay Jane $1,000 for a pure-bred, champion Scottish terrier named Sir
Josh. When Melissa discovers she really doesn't have the $1,000 Bob agrees to pay Jane. In
this case, Jane is:

a. out of luck.
Incorrect. As a creditor beneficiary, Jane may sue either Melissa or Bob.
b. a creditor beneficiary.
Correct. Jane benefits from Bob's promise to Melissa.
c. a donee beneficiary.
Incorrect. Because no gift is involved, this case does not involve a donee
beneficiary.
 d. a lapsed beneficiary.
Incorrect. There is no such thing as a lapsed beneficiary.

16. If Carl buys an insurance policy that will pay Amanda $150,000 in the event of his death,
Amanda is considered:

a. a creditor beneficiary.
Incorrect. Amanda will receive a gift, so she would be considered a donee
beneficiary.
b. a donee beneficiary.
Correct. Carl's life insurance proceeds represent a gift to Amanda, and she would
be considered a donee beneficiary.
c. a donor beneficiary.
Incorrect. In this case Carl is a donor, but Amanda is not a donor beneficiary.
d. an unintended beneficiary.
Incorrect. Carl intends to give Amanda a gift so she is not an unintended
beneficiary.

17. If Lou plans to build a shopping center next to your 10 acre parcel of land, causing the
value of your land to increase, you are:

a. a donee beneficiary.
Incorrect. Lou has not intended to give you a gift to you are not a donee
beneficiary.
b. a creditor beneficiary.
Incorrect. There are no promises to pay here, so you are not a creditor
beneficiary.
c. a vested beneficiary.
Incorrect. You have no rights that will vest, so you are not a vested beneficiary.
d. an unintended beneficiary.
Correct. Lou has provided you with an incidental benefit by planning to build
close to your land. You have no third-party right should Lou, for example, choose
not to build.

18. Suppose Lou agrees to build a shopping center on a certain piece of land contingent upon
a determination that there are no environmental problems, such as contaminated soil, with the
property. In this case, the contingency represents:

a. a vested interest.
Incorrect. The contingency is a condition that must be met before Lou's promise
to build becomes absolute.
b. a condition subsequent.
Incorrect. The contingency is a condition that must be met BEFORE Lou's
 promise becomes absolute. A condition subsequent is a condition that, if not
fulfilled, terminates the other party's obligation to perform.
c. a condition precedent.
Correct. This contingency is a condition precedent.
d. a full and complete discharge.
Incorrect. The contingency is not the same thing as a discharge.

19. If Lou agrees to purchase your 10 acre tract of land so that he can expand his shopping
center and if, further, he provides the money you want and you transfer the deed to him, this
is known as:

a. discharge by breach.
Incorrect. The contract terms have been fulfilled, not breached, in this case.
b. discharge by lapse of time.
Incorrect. The contract has been performed, not discharged by the passage of
time.
c.
d. discharge by performance.
Correct. You and Lou have fulfilled your contractual obligations and so have
discharged by performance.
e. discharge by concurrence.
Incorrect. There is no such thing as a discharge by concurrence.

20. If, three weeks before you and Lou are supposed to close your deal for the sale of your 10
acre tract of land Lou calls you to say "the deal is off!" Lou has:

a. substantially performed.
Incorrect. Lou has not performed his obligation to you and so he has not
substantially performed under the terms of this contract.
b. Anticipatorily breached.
Correct. Lou is refusing to perform before the date specified in the contract for
performance. This is an anticipatory breach.
c. Discharged by reformation.
Incorrect. The court has not changed the terms of the contract, so this is not a
contract that has been discharged by reformation.
d. Discharged by novation.
Incorrect. Parties to the contract have not been changed (not yet anyway) so this
is not a discharge by novation.

 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 supercede statutes.
A
The U.S. Supreme Court:
a. Does not have original jurisdiction of 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.
B
3. To recover for an intentional tort, the injured person must show:
a. An act by the defendant.
b. An intention to cause the consequences of the act.
c. The injury was caused by the defendant's act.
d. All.
D
An ____________________ is one in which the duties and obligations that the parties assume
are not expressed but are implied by their acts or conduct:
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.
D
An intended acceptance that varies the offer:
a. Cannot be accepted by the original offeror.
b. Is a rejection of the original offer.
c. Keeps the offer open for negotiation.
d. All.
B
To be protected when dealing with a minor, a businessperson should have an adult join in the
contract as a(n):
a. Co-signatory.
b. Convict.
c. Intoxicated person.
d. Incompetent person.
A
A person to whom the promisee owes no legal duty but to whom performance is a gift:
a. Creditor beneficiary
b. Donee beneficiary
c. Incidental beneficiary
d. Third party beneficiary
B
The termination of a contract and substitution of a new one with the same terms but with a
new party is called:
a. Novation. Cải cách
b. Delegation.
c. Assignment.
d. All.
A
Impossibility of performance frequently arises after a valid contract is:
a. Terminated.
b. Formed.
c. Conducted.
d. None of above.
B
Song, books, and other compositions fixed in any tangible medium of expression are
protected by __________________ from their creation:
a. Trademarks.
b. Copyrights.
c. Trade secrets.
d. Patents.
B
__________________ is one of purposes which a bill of sale serves:
a. Selling goods.
b. Buying goods.
c. Proof of title.
d. None of above.
C
The word sale as used in the UCC only applies to movable:
a. Real property.
b. Personal property.
c. Unidentified property.
d. Identified property.
B
Nâng cấp để gỡ bỏ quảng cáo
Chỉ 0,99 US$ / tháng
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:
a. Action.
b. Auction.
c. Performance.
d. All.
B
Which one of the following contracts in which the seller's performance is not completed until
the goods are delivered to the destination?
a. Shipment contract.
b. Destination contract.
c. Sales contract.
d. None of above.
B
The Consumer Product Safety Commission:
a. May not order a halt to the manufacture of unsafe products.
b. May not totally ban any products.
c. Issues orders that are not reviewable by any court.
d. Has broad power to promulgate safety standards for many products.
D
A partner actively and openly engaged in the business and held out to everyone as a partner
is:
a. Dormant partner.
b. General partner
c. Secret partner
d. Silent partner
B
A _____________ is one organized to run a business and earn money:
a. Alien corporation.
b. Profit corporation.
c. Domestic corporation.
d. Close corporation.
B
Stock to which a face value has been assigned and that has this value printed on the stock:
a. Par-value stock
b. Participating preferred stock
c. Preferred stock
d. Stock option
A
Stockholders give up their voting privileges by transferring their stock to a trustee and
receiving in return ______________________ certificates:
a. Cumulative voting.
b. Voting trust.
c. Absentee voting.
d. None of above.
B
________________ is a type of ownership reserved for married couples, such that both
spouses and equal share of the property no matter how titled.
a. Tenancy in common.
b. Joint tenancy.
c. Tenancy by the entirety.
d. Community property.
D
In Vietnam, the legal document having the highest validity is:
a. Official letter.
b. Constitution.
c. Law.
d. Resolution.
B
In Vietnam, business contract with purposes and contents violating prohibitory provisions of
law or contravening social ethics will be treated as:
a. Voidable contract.
b. Void contract.
c. Enforceable contract.
d. All.
B
In Vietnam, international sale contract is governed by:
a. 2005 Commercial Law.
b. 2005 Civil Code.
c. 2005 Enterprise Law.
d. All.
A
In Vietnam, common ownership by share means:
a. Common ownership in which each owner's share of the ownership right to the common
property is determined.
b. Common ownership in which each owner's share of the ownership right to the common
property is undetermined.
c. Common ownership in which each owner's share of the ownership interest to the common
property is determined.
d. All.
A
Function of Vietnamese court is:
a. Law interpretation.
b. To judge cases relating to fields such as civil, labor, business, crime, administration, etc.
c. To issue law.
d. All are wrong.
B
A (an) ____________________ is one in which the duties and obligations that the parties
assume are not expressed but are implied by their acts or conduct.
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.
D
A contract in which the parties express their intentions by words, whether in writing or orally,
at the time they made the agreement is called:
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.
A
A (an) ____________ contract is one that has been fully performed by all parties to the
contract.
a. Express contract.
b. Normal contract.
c. Executed contract.
d. Implied contract.
C
A contract that is a sale of goods is governed by the:
a. Uniform Commercial Code.
b. Constitution.
c. Bill of Rights.
d. All.
A
A valid offer includes requirements, such as:
a. It must be definite.
b. It must appear to be seriously intended.
c. It must be communicated to the offeree.
d. All.
D
An intended acceptance that varies the offer:
a. Cannot be accepted by the original offeror.
b. Is a rejection of the original offer.
c. Keeps the offer open for negotiation.
d. All.
B
In order to have a valid contract, there must be:
a. An offer and an acceptance.
b. A written expression of the terms.
c. A reliable witness if the contract is oral.
d. An understanding of the terms by one of the parties.
A
________________ is the assent to an offer that results in a contract.
a. Acceptance.
b. Offer.
c. New offer.
d. All.
A
Who are not capable of making a legally enforceable contract?
a. Adults.
b. Minors.
c. Mentally incompetent people.
d. b and/or c.
D
_________________ means the repudiation of a contract; that is, the election to avoid it or
set it aside.
a. Disaffirmance.
b. Conducting contract.
c. Signing contract.
d. None of above.
A
Contracts made by people who have become so intoxicated that they cannot understand the
meaning of their acts are:
a. Voidable.
b. Void.
c. Unavoidable.
d. All.
A
Third party can become involved in a contract by:
a. Novation.
b. Delegation.
c. Assignment.
d. All.
D
The termination of a contract and substitution of a new one with the same terms but with a
new party is called:
a. Novation.
b. Delegation.
c. Assignment.
d. All.
A
A (an) ______________________ is one to whom the promise owes no legal duty but to
whom performance is a gift.
a. Creditor beneficiary.
b. Donee beneficiary.
c. Incidental beneficiary.
d. All.
B
A (an) _________________ means that one party conveys rights in a contract to another who
is not a party to the original undertaking.
a. Assignment.
b. Delegation.
c. Novation.
d. All.
A
Damages paid to the plaintiff in order to punish the defendant, not to compensate the plaintiff
are called:
a. Punitive damages.
b. Compensatory damages.
c. Liquidated damages.
d. Nominal damages.
A
A person's right to sue must be exercised within the time fixed by a statute called:
a. Statute of limitations.
b. Bankruptcy.
c. Alteration of written contract.
d. None of above.
A
Impossibility of performance frequently arises after a valid contract is:
a. Terminated.
b. Formed.
c. Conducted.
d. All.
B
An offer to pay money in satisfaction of a debt or claim when one has the ability to pay is a
_____________:
a. Tender of performance.
b. Tender of payment.
c. Satisfactory performance.
d. Substantial performance.
B
A sales contract that does not meet the requirements of the _______________________ is
unenforceable.
a. The Bill of Rights.
b. Contractual parties' agreement.
c. The Uniform Commercial Code.
d. None of above.
C
_______________ are those both in existence (as contrasted with goods not yet
manufactured) and then owned by the seller:
a. Existing goods.
b. Future goods.
c. Both existing goods and future goods.
d. None of above.
A
The consideration in a sales contract is generally expressed in terms of money or money's
worth and is known as the ______________.
a. Cost.
b. Expense.
c. Price.
d. All.
C
A _______________ provides written evidence of one's title to tangible personal property.
a. Bill of sale.
b. Invoice.
c. Receipt.
d. All.
A
The contract for sale of goods shall be terminated in case:
a. The Seller performs the late delivery of goods.
b. The Buyer breaches his payment obligation.
c. The goods are destructed on the way to the Buyer's store.
d. It is unilaterally rescinded by the Seller/Buyer in the event agreed in the contract.
D
The contract for sale of goods must exist in writing when the sale price is:
a. $ 300 or more.
b. $ 200 or more.
c. $ 500 or more.
d. $ 1,000 or more.
C
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:
a. Nonresellable goods.
b. Existing goods.
c. Future goods.
d. All.
A
The contract in which the seller completes performance of the contract when the goods are
delivered to a carrier for shipment to the buyer is called:
a. Sales contract.
b. Construction contract.
c. Shipment contract.
d. Loan contract.
C
In case, a contract for sale of goods contains a transportation clause, but such clause does not
specify the place of delivery, ______________________:
a. The title and risk of loss shall be transferred to the buyer when the goods are delivered to
the initial carrier.
b. The title and risk of loss shall be transferred to the buyer at the unloading place.
c. The title and risk of loss shall be transferred to the buyer when the goods are delivered to
the buyer's nominated party.
d. It is unable to divide the risk of loss until the buyer takes delivery of goods.
A
In a ________________, the sale is not complete until the buyer approves the goods.
a. Sale on approval.
b. Sale or return.
c. Sale or exchange.
d. Sale on agreement.
A
________________ are goods of a homogeneous or like nature that may be sold by weight or
measure.
a. Fungible goods.
b. Unidentified goods.
c. Future goods.
d. All.
A
The warranty against encumbrances trở ngại:
a. Arises in the case of all sales.
b. Applies to the goods only at the time they are delivered to the buyer.
c. Does not arise if the buyer has constructive notice of the encumbrance.
d. All.
B
All sellers make a warranty of:
a. Title.
b. Merchantability.
c. Freedom from patent or trademark infringement.
d. Fitness for the buyers intended use.
A
Full warranties:
a. Permit a refund or replacement if the product contains a defect after reasonable attempts to
remedy it.
b. Are always oral.
c. May limit consequential damages for breach of warranty in any way.
d. None of above
A
Warranties of all sellers are:
a. Warranties against infringement.
b. Warranties of merchantability or fitness for normal use.
c. Warranties in sale of food or drink.
d. None of above.
D
Justice system based on fairness, provides relief other than merely money damages *
a. restraining order
b. injunction
c. equity (công bằng)
d. source of law
C
Court's temporary order forbidding an action *
a. restraining order
b. injunction
c. equity
d. source of law
C
Court's permanent order forbidding an action *
a. restraining order
b. injunction
c. equity
d. source of law
B
First ten amendments to U.S Constitutions *
a. Statute
b. Bill of Rights
c. equity
d. source of law
B
Document that contains fundamental priciples of a government *
a. Statute
b. Bill of Rights
c. Constitution (hiến pháp)
d. source of law
C
Law enacted by legislative bodies (cơ quan lập pháp)*
a. Statute (Đạo luật)
b. Bill of Rights
c. constitution
d. source of law
A
Law enacted by cities *
a. Statute
b. Bill of Rights
c. Ordinance (pháp lệnh)
d. Code
C
Collection of laws, rules, or regulations *
a. Statute
b. Bill of Rights
c. Ordinance
d. Code (Bộ luật)
D
Principle that a court decision controls the decision of a similar future case *
a. Statute
b. Stare decisis
c. Ordinance
d. Code
B
Law dealing with enforcement or protection of private rights *
a. civil law (luật dân sự)
b. criminal law
c. administration law
d. business law
A
Principle that a court decision controls the decision of a similar future case *
a. Statute
b. Stare decisis
c. Ordinance
d. Code
B
Law dealing with offenses against society *
a. civil law
b. criminal law (luật hình sự)
c. administration law
d. business law
B
Principles that determine the morality of conduct, its motives, and its duties *
a. tort
b. negligence
c. ethics
d. felony
C
Failure to exercise reasonable care *
a. tort
b. negligence (sơ suất)
c. ethics
d. felony
B
Laws allowing a state to have jurisdiction over nonresidents *
a. jurisdiction
b. negligence
c. long -arm Statutes
d. felony
C
Court that reviews decision of another court *
a. jurisdiction
b. trial court
c. long -arm Statutes
d. appellate court (toà thượng thẩm)
D
Federal trial court with limited jurisdiction *
a. jurisdiction
b. trial court
c. Special Federal Court
d. Federal District Court
C
Trial court of federal court system *
a. jurisdiction
b. trial court
c. Special Federal Court
d. Federal District Court
D
Court that conducts original trial of a case *
a. jurisdiction
b. trial court
c. long -arm Statutes
d. appellate court
B
Federal jurisdiction based on parties being from different states *
a. Diversity jurisdiction
b. trial court
c. Special Federal Court
d. Federal District Court
A
They are those which are either not existing, or are existing but not yet owned by the seller.
a. existing goods
b. identified goods
c. future goods
d. None of them
C
Good picked to be delivered to the buyer
a. existing goods
b. identified goods
c. future goods
d. None of them
B
Entity which issues shares of stock, but investors have unlimited liability.
a. corporation
b. partnership
c. Joint-stock company
d. Joint ventures
C
Business relationship similar to partnership existing for a single transaction.
a. corporation
b. partnership
c. Joint-stock company
d. Joint ventures
D
One who agree to buy stock in proposed corporation
a. seller
b. buyer
c. subcriber
d. nominator
C
1. The River City Council, the Santa Clara County Board, the Texas state legislature, and the
U.S. Congress enact laws. These laws constitute:
a. Case law
b. Statutory law
c. Criminal law
d. Stare decisis
B
2. Which of the following is NOT an advantage of a partnership?
a. Increase of capital and skill
b. Improvement of management
c. The relative instability of the business
d. More effectiveness of labor
C
3. A quasi-contract may be defined as:
a. An actual contract
b. A true contract
c. An implied-in-law contract
d. A fictional contract
D
4. In cases where someone would be injustly enriched unless they were held liable for the
benefits they have received, a court may "create":
a. an implied contract
b. an executory contract
c. A quasi-contract
d. A void contract
C
5. Attorneys, meet to try to resolve their dispute. A third party helps them to reach an
agreement. This is:
a. Arbitration
b. Litigation
c. Mediation
d. Negotiation
C
6. Which of the following is NOT an element of the tort of wrongful interference with a
contractual relationship?
a. A valid contract existed between two parties
b. A third party knew about a contract existing between two other parties
c. A third party, without intent, caused a party to a contract to break that contract
d. A third party intentionally caused a party to a contract to break the contract
C
7. Laws grouped into an organized form are called:
a. Statutes
b. Code
c. Common laws
d. Equity
B
Pooling of capital is one of ___________________:
Select one:
a. Disadvantages of partnership.
b. Disadvantages of corporation.
c. Advantages of partnership.
d. Advantages of corporation.
D
Doctrine requiring lower courts to adhere to existing case law in making decisions is called
____________________.
Select one:
a. laws
b. stare decisis
c. ordiances
d. procedural law
B
What is the drawback of a sole proprietorship?
Select one:
a. Cannot obtain loans from bank easily
b. Too small to cope with a competitive market
c. Unlimited liability to cover all debts
d. Employees have greater responsibility
C

Question 1:

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

Feedback

The correct answer is: unconstitutional

Question 2:

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

Feedback

The correct answer is: case law

Question 3:

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

Feedback

The correct answer is: statutory law

Question 4

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

Feedback

The correct answer is: federal and state

Question 5

Power of the court to decide a case is called _______________

Select one:

a. administrative

b. equity

c. rights

d. jurisdiction quyền tài phán

Feedback

The correct answer is: jurisdiction

Question 6

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.

Feedback

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

Question 7

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

Feedback

The correct answer is: district court.

Question 8

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.

Feedback

The correct answer is: The Supreme People's Court

Question 9

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

Feedback

The correct answer is: District court

Question 10

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

Feedback

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

Question 11

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.

Feedback

The correct answer is: Causing the injury to other.

Question 12

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

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

Question 13

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.

Feedback

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

Question 14

_________________ 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

Feedback

The correct answer is: Unfair competition

Question 15

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.

Feedback

The correct answer is: All of the above.

Question 16

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

Feedback

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

Question 17

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.

Feedback

The correct answer is: an offer.

Question 18

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

Feedback

The correct answer is: can be an express contract

Question 19

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

Feedback

The correct answer is: really no contract at all

Question 20

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.

Feedback

The correct answer is: Voidable contract.

Question 21

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.

Feedback sự chấp nhận

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

Question 22

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.

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

Question 23

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.

Feedback

The correct answer is: Voidable.

Question 24

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.

Feedback

The correct answer is: Voidable.

Question 25

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

Feedback

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

Question 26

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

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.

Feedback

The correct answer is: Bankruptcy.

Question 28

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.

Feedback

The correct answer is: Tender of performance. Hứa hẹn thực hiện

Question 29

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.

Feedback

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

Question 30

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.

Feedback

The correct answer is: Liquidated damages.

Question 31

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.

Feedback

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

Question 32

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
Feedback

The correct answer is: Real estate

Question 33

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.

Feedback

The correct answer is: real and personal.

Question 34

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

Feedback

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

Question 35

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

Feedback

The correct answer is: as substance and can be touched

Question 36

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.

Feedback

The correct answer is: $ 500 or more.

Question 37

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.

Feedback

The correct answer is: Auction.

Question 38

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.

Feedback

The correct answer is: Judicial admission.

Question 39

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

Feedback

The correct answer is: the price is unidentified

QUIZ 1:

Question 1

What are the trial courts of the federal system called?

Select one:

a. State Supreme Court

b. District Courts

c. Regional Courts

d. Small Claims Court

Question 2

Power of the court to decide a case is called _______________

Select one:

a. rights

b. equity

c. jurisdiction

d. administrative

Question 3

In Vietnam, the legal document having the highest validity is:

Select one:

a. Resolution.

b. Law.

c. Constitution.

d. Official letter.

Question 4

To be valid, an agreement to a contract must include:

Select one:

a. a fair bargain.

b. an offer.

c. a fair price.
d. a physical sample of the good for sale.

Question 5

Which of the following IS NOT a requirement of a valid contract?

Select one:

a. The subject matter of the contract must be legal

b. There must be inconsideration

c. Both parties must have genuinely consented to the contract

d. There must be a valid agreement

Question 6

In contract law, consideration means:

Select one:

a. the legality of the subject matter of a contract

b. the promises or something else of value

c. the genuine consent of both parties

d. the ability of a party to enter into a legal contract

Question 7

Kim offers to sell George her one-year old CD player for $75. George accepts the offer. At this point:

Select one:

a. you have an offer to negotiate.

b. you have a legally valid contract.

c. you have a preliminary agreement.

d. you have a fully executed contract.

Question 8

Illegal agreements are:

Select one:

a. voidable by either party

b. voidable by one of the parties

c. enforceable if one party acted in good faith

d. void

Question 9

The communication requirement of an offer requires:

Select one:
a. the offeror to accept the offer within 7 days.

b. the offeree to tell the offeror about the offer in some effective way.

c. the offeror to hear the offer first-hand.

d. the offeree to mail an offer to the offeror before a communication is valid.

Question 10

In order for an offer to be effective, which of the following IS NOT necessary?

Select one:

a. There must be a serious, objective intent by the offeror

b. The offer must be communicated to the offeree

c. The price requested must be acceptable by a reasonable person

d. The terms of the offer must be reasonably certain and definite

Question 11

Which of the following sentences is right?

Select one:

a. If the offeror receives something of value in return for a promise to hold the offer open, the offeror can revoke
such offer.

b. None of all.

c. If the offeror receives something of value in return for a promise to hold the offer open, the offeror cannot revoke
such offer.

d. If the offeror receives something of value in return for a promise to hold the offer open, the offeror can revoke
such offer, but the revocation must be made after three months from the date of sending original offer.

Question 12

According to Vietnam’s Civil Code, a valid acceptance can be made ( ).

Select one:

a. Oral

b. Implied action of the offeree

c. Writing

d. Oral; Writing and/or Implied action of the offeree

Question 13

All of the following are offers that are obviously NOT made with the intent of entering into a valid, enforceable
agreement, EXCEPT:

Select one:

a. under severe emotional strain.

b. through electronic means.

c. under jest.

d. in anger.

Question 14

Does silence constitute an acceptance?

Select one:

a. No, it does not.

b. Yes, it does.

c. All are wrong.

d. Yes, it does, but in rare cases.

Question 15

The lowest level of the federal court system is the:

Select one:

a. court of appeal

b. justice of the peace

c. highest level of the state courts.

d. district court.

Question 16

Attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is:

Select one:

a. mediation

b. litigation

c. negotiation

d. arbitration

Question 17

Law interpretation is one of functions of court in:

Select one:

a. Both Vienam and USA

b. Vietnam

c. USA

d. England

Question 18

Long-arm statutes are laws:

Select one:

a. Providing company establishment procedure

b. Allowing Congress to apply criminal penalty

c. Allowing US citizen to conduct business

d. Allowing a state to have jurisdiction over nonresidents.

Question 19

The highest court in the state court system is the ( ).

Select one:

a. Court of Records

b. State Court of Appeals

c. Highest level of the state courts.

d. The State Supreme Court

Question 20

The person who is harmed and who brings a lawsuit against the party that harmed him/her, is called the ( ).

Select one:

a. Defendant.

b. Judge

c. Plaintiff.

d. Jury

QUIZ 2:

Question 1

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. Compensatory damages.

b. Liquidated damages.

c. Punitive damages.

d. Nominal damages.

Question 2

________________, which occurs after the contract is made, is one of the most common causes of discharge by
impossibility of performance.

Select one:
a. Running of the statute of limitations.

b. Fully performance of contract.

c. Destruction of the subject matter.

d. All.

Question 3

If the illegal sale is wholly executory, that is, has not yet been completed, ______________.

Select one:

a. The transaction is a contract to sell and will not be enforced.

b. The transaction is a contract to sell and the courts will leave the parties where it finds them.

c. The transaction is a contract to sell and will be enforced.

d. The transaction is a contract to sell and the courts will not normally intervene to aid either party.

Question 4

Examples of future goods include all of the following except one:

Select one:

a. goods not yet delivered

b. goods not yet manufactured

c. unborn livestock and pets

d. growing crops and timber

Question 5

What are identified goods?

Select one:

a. Identified goods are goods that the seller and buyer have agreed are to be received by the buyer or have been
picked out by the seller.

b. Identified goods are goods that the seller and buyer have agreed are to be received by the seller or have been
picked out by the buyer.

c. Identified goods are goods that are not yet owned by the seller or not yet in physical existence.

d. None of all.

Question 6

Non-resellable goods are:

Select one:

a. Goods that can be used for one time

b. Goods are for export only

c. Goods are prohibited by law

d. Goods that are specifically made for the buyer and are not suitable for sale in the ordinary course of the seller’s
business

Question 7

Goods that do not exist at the time of the sales transaction, but are expected to come into the possession of the
seller, are considered

Select one:

a. impending goods

b. late goods

c. future goods

d. non-existent goods

Question 8

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. All.

b. Nonresellable goods.

c. Existing goods.

d. Future goods.

Question 9

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. Action.

b. Performance.

c. Auction.

d. All.

Question 10

Under a shipment contract, title passes from the seller to buyer:

Select one:

a. when the goods are created.

b. when the goods are delivered to the buyer's office.

c. when the goods are identified.

d. at the time and place of shipment, typically by a carrier

Question 11
Which of the following sentences is right?

Select one:

a. If the seller is a merchant, the risk of loss passes to the buyer when the goods are received from the merchant.

b. If the seller is a nonmerchant, the risk passes when the buyer tenders or makes available the goods to the seller.

c. When the contract is a shipment contract, the seller completes the performance of the contract when the goods
are consumed by a carrier for shipment to the buyer.

d. When the seller is required to deliver goods to a particular destination, the contract is a shipment contract.

Question 12

Which of the following sentences is wrong?

Select one:

a. 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.

b. 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.

c. 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.

d. None of all.

Question 13

According to Vietnam's Commercial Law 2005, the seller transfers risk to the buyer as to delivered goods if place of
delivery is unidentified when ( ).

Select one:

a. The buyer has completed checking the goods

b. Substantive payment has been made

c. Full payment has been made

d. Goods have been delivered the to first carrier

Question 14

In a contract for delivery at destination the title and the risk of loss pass to the buyer:

Select one:

a. when the goods are successfully given to the carrier

b. when the goods are marked for the buyer

c. when the goods are insured by the buyer.

d. when the goods are tendered to the destination.

Question 15
The ___________ bears the risk and expense until the goods are delivered at the FOB point designated.

Select one:

a. Carrier.

b. Seller.

c. Buyer.

d. None of all.

Free on board shipping point = FOB

Question 16

________________ are goods of a homogeneous or like nature that may be sold by weight or measure.

Select one:

a. Fungible goods.

b. Future goods.

c. All.

d. Unidentified goods.

Question 17

A quasi-contract may be defined as:

Select one:

a. a true contract

b. a fictional contract

c. an actual contract

d. an implied-in-law contract

Question 18

If, after an offer has been made, the ______________________ becomes illegal, the offer is terminated.

Select one:

a. Legal regulations.

b. Offeree.

c. All.

d. Performance of the contract.

Question 19

A counteroffer is a(n) ( ).

Select one:

a. Acceptance of the original offer.

b. Acceptance of the original offer and an invitation to negotiate further.

c. Rejection of the original offer.

d. A revocation of the original offer.

Question 20

Most contracts made by persons who have not reached the age of majority are:

Select one:

a. voidable.

b. void.

c. valid.

d. enforceable.

Question 21

A ____________________ is a person to whom the promisee owes an obligation or duty that will be discharged to
the extent that the promisor performs the promise.

Select one:

a. Donee beneficiary.

b. Creditor beneficiary.

c. Incidental beneficiary.

d. All.

Question 22

Which of the following sentences is right?

Select one:

a. In the event the assignor assigns a larger sum than the debtor owes, the debtor has no obligation to pay the entire
assignment.

b. All.

c. In the event the assignor assigns a larger sum than the debtor owes, the debtor must pay the entire assignment.

d. None of all

Question 23

In contracts where the promisee intends to make a gift to a third party, that third party is called:

Select one:

a. a donee beneficiary (not intends)

b. a donor beneficiary

c. an incidental beneficiary

d. None of the above

Question 24

The person to whom rights in a contract are assigned is called the ( ).

Select one:

a. Obligor

b. Assignor

c. Obligee

d. Assignee

Question 25

If someone buys an insurance policy that will pay another $150,000 in the event of his death, that person is
considered:

Select one:

a. an unintended beneficiary.

b. a donee beneficiary.

c. a donor beneficiary.

d. a creditor beneficiary.

QUIZ 2 2:

Question 1

Which of the following sentences is wrong?

Select one:

a. An implied contract is one in which the duties and obligations that the parties assume are not expressed but are
implied by their acts or conduct.

b. A written contract is one in which the terms are set forth in writing rather than expressed orally.

c. A bilateral contract consists of a mutual exchange of promises to perform some future acts.

d. Implied in law contract is a true contract.

Question 2

Which of the following IS NOT a compulsory element of a contract?

Select one:

a. Capacity to contract

b. Agreement

c. Form

d. Consideration

Question 3

In order to be legally binding, a contract

Select one:

a. None of the above

b. must be in writing

c. may be oral, written or implied by action

d. must be signed by one or both parties

Question 4

The offer cannot be accepted, __________________:

Select one:

a. All.

b. If one writes out an offer and the offer falls into the hands of the offeree without the acknowledge or consent of
the offeror.

c. If one writes out an offer and the offer falls into the hands of the offeree with the acknowledge or consent of the
offeror.

d. If one writes out an offer and the offer falls into the hands of the offeree without the acknowledge and with
consent of the offeror.

Question 5

Which of the following sentences is right?

Select one:

a. If the offeror receives something of value in return for a promise to hold the offer open, the offeror can revoke
such offer.

b. None of all.

c. If the offeror receives something of value in return for a promise to hold the offer open, the offeror cannot revoke
such offer.

d. If the offeror receives something of value in return for a promise to hold the offer open, the offeror can revoke
such offer, but the revocation must be made after three months from the date of sending original offer.

Question 6

Is it right if saying that in all cases of delegation, the delegating party remains fully liable under the contract?

Select one:

a. Yes, it is.

b. Yes, but must meet some certain conditions.

c. All.

d. No, it isn’t.

Question 7

The term “delegation” describes:

Select one:

a. A transfer of the duties alone without a transfer of rights.

b. A transfer of the duties and rights.

c. A transfer of the rights alone without a transfer of duties.

d. All

QUIZ 3:

Question 1

Why is it important to make a distinction between a sale and a contract to sell?

Select one:

a. Since in most cases any loss of property falls upon the buyer, it is necessary to know who the buyer is when the
loss occurs.

b. None of all.

c. Since in most cases any loss of property falls upon the owner, it is necessary to know who the owner is when the
loss occurs.

d. Since in most cases any loss of property falls upon the seller, it is necessary to know who the seller is when the loss
occurs.

Question 2

Those goods which are at the time of the contract in existence and owned by the seller are called ( ).

Select one:

a. Future goods

b. Identified good

c. Delivered goods

d. Existing goods

Question 3

The UCC requires that sale of personal property be in writing if it is:

Select one:

a. $500 or more

b. $1,000 or more

c. $100 or more

d. $5,000 or more

Question 4

An agreement to sell future goods is considered to be a:

Select one:
a. contract to sell

b. contract for future transaction

c. contract for sale

d. both A and B

Question 5

If the sales contract does not state the price, _______________________.

Select one:

a. It will be held to be the reasonable price for the same goods in the market.

b. It will be void contract.

c. It will be held to be the reasonable price for any other goods in the market.

d. It will be held to be the reasonable price for the same goods in the supermarket.

Question 6

The term F.O.B. means what?

Select one:

a. Free on board.

b. Freight onto the buyer.

c. Finalize only with buyer

d. Fixed on boat.

Question 7

A sale or return is a kind of:

Select one:

a. shipment contract.

b. destination contract.

c. shipping term.

d. conditional sale.

Question 8

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. Full payment has been made

b. The buyer has completed checking the goods

c. Goods have been delivered to the buyer or agent nominated by the buyer

d. Substantive payment has been made

Question 9

Explain the difference between a sale on approval and a sale or return.

Select one:

a. A sale on approval gives the buyer the privilege of returning the goods, and title remains with the seller. In a sale
or return, the sale is considered completed with title vested in the seller, who has the right, however, to return the
goods and thereby set aside the sale.

b. A sale on approval does not give the buyer the privilege of returning the goods, and title remains with the buyer.
In a sale or return, the sale is considered completed with title vested in the buyer, who has the right, however, to
return the goods and thereby set aside the sale.

c. A sale on approval gives the buyer the privilege of returning the goods, and title remains with the seller. In a sale
or return, the sale is considered completed with title vested in the buyer, who has the right, however, to return the
goods and thereby set aside the sale.

d. A sale or return gives the buyer the privilege of returning the goods, and title remains with the seller. In a sale on
approval, the sale is considered completed with title vested in the buyer, who has the right, however, to return the
goods and thereby set aside the sale.

Question 10

In order for an interest in goods to pass from the seller to the buyer, which conditions must exist?

Select one:

a. The goods must be in existence.

b. The goods be adequately discussed by the parties.

c. The goods must be intangible.

d. The goods must be an integral part of a larger quantity of goods.

QUIZ 4

Question 1

What is the difference between a sale and a contract to sell?

a. When a sale is made, the goods, the subject of the contract, is transported at once; when a contract to sell is made,
goods will not be transported at a later date.

b. When a contract to sell is made, the title, or the ownership of a subject matter, is transferred at once; when a sale
is made, title will be transferred at a later date.

c. None of all.

d. When a sale is made, the title, or the ownership of a subject matter, is transferred at once; when a contract to sell
is made, title will be transferred at a later date.

Question 2

How does an implied warranty differ from an express warranty?

Select one:

a. An implied warranty differs from an express warranty in that it is not made by the seller but is imposed by the law.
b. No difference.

c. An implied warranty differs from an express warranty in that it is made by the seller but is not imposed by the law.

d. An implied warranty differs from an express warranty in that it is made by the seller and is imposed by the law.

Question 3

An implied warranty of merchantability means:

Select one:

a. the goods do not meet federal standards of safety.

b. the goods are fit for a special, unique and atypical use.

c. the goods are reasonably fit for the general purpose for which they are sold.

d. the goods are of less than average quality

Question 4

A definite promise by the seller that the goods will have certain characteristics is a(n):

Select one:

a. surety bond.

b. implied warranty.

c. express warranty.

d. limited warranty.

Question 5

Warranty of conformity to description, sample, or model will be applied to:

Select one:

a. Either all sellers or all buyers.

b. Neither all sellers nor all buyers.

c. All sellers.

d. All buyers.

Question 6

If a seller who is a non-merchant expresses her opinion about the value of goods she is selling, does she create an
express warranty?

Select one:

a. No, because she has created an implied warranty instead.

b. No, opinions are not express warranties because she may not have particular knowledge regarding the goods

c. Yes, so long as the opinion is in writing.

d. Yes, so long as the buyer relies on her opinion.

Question 7
Pooling of capital is one of ___________________:

Select one:

a. Disadvantages of corporation.

b. Advantages of partnership.

c. Disadvantages of partnership.

d. Advantages of corporation.

Question 8

Which of the following is NOT an advantage of a partnership?

Select one:

a. More effectiveness of labor

b. The relative instability of the business

c. Increase of capital and skill

d. Improvement of management

Question 9

A corporation is a legal entity:

Select one:

a. managed internally by the federal government.

b. created and recognized by state law.

c. created and recognized by an entrepreneurial agency.

d. created by the local government.

Question 10

A separation between ownership and management is most likely to occur in a:

Select one:

a. sole proprietorship.

b. corporation.

c. limited liability partnership.

d. general partnership.

Question 11

A dormant partner shares what characteristics with both silent and secret partners?

Select one:

a. he is unknown to the public and does not take part in the management

b. he is known to the public but does not take part in the management
c. he is known to the public and takes part in the management

d. he is unknown to the public and takes part in the management

Question 12

What is the drawback of a sole proprietorship?

Select one:

a. Too small to cope with a competitive market

b. Employees have greater responsibility

c. Unlimited liability to cover all debts

d. Cannot obtain loans from bank easily

Question 13

Which of the following sentences is right?

Select one:

a. Secret partner is one who, although possibly known to the public as a partner, takes no active part in the
management of the business.

b. Dormant partner is an active partner who attempts to conceal that fact from the public.

c. Silent partner usually combines the characteristics of both the secret and the silent partner.

d. None of all.

Question 14

The key distinction between real and personal property is that:

Select one:

a. real property is not movable

b. personal property may be purchased with cash

c. to purchase real property you must have the help of an attorney

d. personal property is always intangible

Question 15

If Ginger gives her mother Betty a right to live in and use Ginger's beachfront house in Maine until Betty dies, Betty
gets what kind of ownership interest?

Select one:

a. An easement.

b. An executory interest.

c. A defeasible estate.

d. A life estate.
Question 16

The exterior boundaries of real property extend where?

Select one:

a. Nowhere; they are just boundaries.

b. 20 feet below the surface.

c. 100 feet above the earth.

d. To the center of the earth.

Question 17

If someone buys a house with cash and is his/her sole owner. In this case, what kind of ownership right does she
have?

Select one:

a. A fee simple.

b. A joint tenancy.

c. A tenancy by the entirety.

d. A tenancy in common.

Question 18

In USA, rivers and streams (riverbed is owned by a property owner if an unnavigable river flows through the
property) are:

Select one:

a. Both personal property and real property

b. None of all

c. Real property

d. Personal property

Question 19

A subscriber is:

Select one:

a. a person who approves the contracts made by a promoter

b. a person who accepts articles of incorporation

c. a person who takes initial steps of forming a corporation

d. a prospective stockholder who agrees to buy stock in proposed corporation

Question 20

How may warranties be excluded or surrendered?

Select one:

a. All.

b. Warranties may be excluded or surrendered by agreement of the parties as long as such an agreement is not
unconscionable.

c. It depends on the seller’s opinion only.

d. It depends on the buyer’s opinion only.

Question 21

Once the risk of loss has passed to a buyer, is there a warranty as to the merchantability of the goods?

Select one:

a. Once the risk of loss has passed to a buyer there is warranty exists as to the continuing merchantability of the
goods unless such subsequent deterioration or condition is proof that the goods were in fact not merchantable when
the seller made delivery.

b. All are right.

c. Once the risk of loss has passed to a buyer no warranty exists as to the continuing merchantability of the goods
unless such subsequent deterioration or condition is proof that the goods were in fact not merchantable when the
seller made delivery.

d. All are wrong.

Question 22

_____________ are commissions or boards that have the power to regulate particular matters or implement laws.

Select one:

a. All

b. Administrative agencies

c. Business agencies

d. Civil agencies

Question 23

The first ten amendments to the U.S. Constitution are known as the ________.

Select one:

a. Constitutions overides

b. Declaration of Independance

c. Add-ons

d. Bill of Rights

Question 24

Doctrine requiring lower courts to adhere to existing case law in making decisions is called ____________________.

Select one:
a. laws

b. stare decisis

c. procedural law

d. ordiances

Question 25

Which of the following IS NOT an element of the tort of wrongful interference with a contractual relationship?

Select one:

a. A valid contract existed between two parties.

b. A third party, without intent, caused a party to a contract to break that contract.

c. A third party intentionally caused a party to a contract to break the contract.

d. A third party knew about a contract existing between two other parties.

Question 26

Are all contracts the result of mutual promises by both parties?

Select one:

a. Yes, unilateral contracts are the result of only one promise. The other party makes no promise, but performs an
act.

b. None of all.

c. No, unilateral contracts are the result of only one promise. The other party makes no promise, but performs an
act.

d. Yes, unilateral contracts are the result of all parties' promise. All parties make promise, and perform an act.

Question 27

Explain the difference between an executory and an executed contract.

Select one:

a. An executory contract is one in which the terms have not been fully carried out by all the parties while an executed
contract is one in which the terms have been fully performed by all the parties to the contract.

b. An executed contract is one in which the terms have not been fully carried out by all the parties while an executory
contract is one in which the terms have been fully performed by all the parties to the contract.

c. An executory contract is one in which the terms have not been fully carried out by all the parties while an executed
contract is one in which the terms have been fully performed by the law's regulations to the contract.

d. All are right.

Question 28
Which of the following sentences is WRONG

Select one:

a. Initial steps of forming a corpoation are usually taken by a promoter

b. The corporation has the implied powers to do all acts reasonably necessary for carrying out its purpose

c. The corporation have express powers as stipulated only by articles of incorporation

d. Ultra vires contracts are those that entered into by a corporation that exceed its powers

Feedback

The correct answer is: The corporation have express powers as stipulated only by articles of incorporation

Question 29

Laws grouped into an organized form are called

Select one:

a. equity

b. statutes

c. code

d. common laws

Feedback

The correct answer is: code

Question 30

_____________ is concerned with the rules that apply to business situations and transactions.

Select one:

a. Banking

b. Business

c. Corporate

d. Legal

Feedback

The correct answer is: Business

Question 31

One of the main purposes of contract law is:

Select one:

a. to ensure that promises made among private parties are enforceable

b. to ensure that one party does not threaten another

c. to discourage misuse of the environment

d. to discourage harms against society

Feedback

The correct answer is: to ensure that promises made among private parties are enforceable

Question 32

What potential penalties are there for a corporation that enters into an ultra vires contract?

Select one:

a. None of all.

b. A stockholder may bring an action to recover damages from the directors or officers who have caused loss to the
corporation by such a contract. In extreme cases, the attorney general of a state may obtain a court order revoking
the articles of incorporation of the corporation for frequent or serious improper acts.

c. A stockholder must ignore loss to the corporation caused by the directors or officers by such a contract. In extreme
cases, the attorney general of a state may obtain a court order revoking the articles of incorporation of the
corporation for frequent or serious improper acts.

d. A stockholder may bring an action to recover damages from the directors or officers who have caused loss to the
corporation by such a contract. In extreme cases, the attorney general of a state may obtain a court order accepting
the articles of incorporation of the corporation for frequent or serious improper acts.

Feedback

The correct answer is: A stockholder may bring an action to recover damages from the directors or officers who have
caused loss to the corporation by such a contract. In extreme cases, the attorney general of a state may obtain a
court order revoking the articles of incorporation of the corporation for frequent or serious improper acts.

Question 33

The legal system we have in America:

Select one:

a. Was an entirely new invention of the colonists before the Revolutionary War.

b. Is based heavily on the English legal system of common law and equity.

c. Is unlike any other legal system.

d. Is an equal mixture of laws from all the colonies of America.

Feedback

The correct answer is: Is based heavily on the English legal system of common law and equity.

Question 34

The United States has a common law system. The common law began:

Select one:

a. as a group of legal principles enacted by continental European nations

b. as a body of general rules applied in the courts throughout England

c. in the Islamic courts of Muslim countries

d. as part of the Roman civil law.

Feedback

The correct answer is: as a body of general rules applied in the courts throughout England

Question 35

In Vietnam, what documents are issued by the National Assembly?

Select one:

a. Constitutions, Laws and Resolutions

b. Constitutions, Laws and Ordinances

c. Constitutions, Law and Decisions

d. Codes, Laws and Ordinances

Feedback

The correct answer is: Constitutions, Laws and Resolutions

In cases where someone would be unjustly enriched unless they were held liable for the benefits they have received,
a court may “create”:

Select one:

a. an implied contract.

b. An executory contract.

c. a quasi-contract.

d. a void contract.

Question 36

Ethical principles:

Select one:

a. Are determined by Congress.

b. Are developed from religious beliefs, experience, and cultural background.

c. Are static and unchanging.

d. Are usually a set of lower standards of behavior than laws.

LAW FOR BUSINESS | FE_US

 QN=1 The common law and equity law system in the United States was emerged from ( ).

a. France

b. Russia

c. England

d. Germany
C
QN=2 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

QN=3 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 “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”.

QN=4 Law is a rule of conduct that enacted and enforced by the Sovereign State.

a. True

True
 QN=5 The basic relationship between the government and citizen is defined by ( ).

a. Judicial decisions

b. Constitutions

c. Administrative agency orders

d. Ordinances

QN=6 In the field of business law, ( ) is the most important statute.

a. The Uniform Commercial Code

b. CISG

c. Incoterms 2010

d. Trade practice

QN=7 In the United States of America, courts will mainly base on precedent to settle down
the dispute.

a. True

QN=8 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 difference between them.

c. No law is available.

d. No court’s rules are good enough.

QN=9 Law is issued by the chairman of a corporation.

b. False

F
 QN=10 Common Law is English custom recognized by ( ) as binding

a. Government

b. National Assembly

c. Courts

d. Prosecution

QN=1 In order 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

C
QN=2 The Supreme Court of the United States ( ).

a. Are review courts

b. Belong to state courts system

c. Are the highest courts in the United states.

d. Belong to federal courts system.

QN=3 ( ) is the authority of a court to hear a case.

a. Jurisdiction

b. Answer

c. Interrogatory

d. Summons

QN=4 ( ) are part of the federal government.

a. County courts
 b. Federal courts

c. District courts.

d. State courts.

QN=5 The power or authority of a court to hear cases is called its ( ).

a. Jurisdiction

b. Illegal right

c. None of all.

d. Liberty right
A
QN=6 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 civil suit only

QN=7 Taken an approach of governmental unit setting up the court, the court may be
divided into federal court, state court and municipal courts.

a. True

QN=8 The Supreme Courts has original jurisdiction or trial jurisdiction over cases of (
).

a. Any kinds

b. Ambassadors, public ministers, and consuls and in cases in which state is a party

c. Special matters which will be decided late by Judges.

d. Ambassadors, public ministers, and consuls

B
 QN=1 The duty of proving the amount of damage in a tort lawsuit belongs to ( ).

a. Defendant

b. Court

c. All

d. Plaintiff

QN=2 A trademark gives the owner the ( ) to use a word or device to distinguish a
product or a service.

a. Exclusive duty.

b. Exclusive right.

c. Inclusive duty

d. Inclusive right.

QN=3 ( ) 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”.

QN=4 A tort ( ).

a. Is always based on a 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.

C
 QN=5 The failure to exercise a duty of care is ( ).

a. Constitution

b. Equity

c. Negligence

d. Precedent

QN=6 Interference with a contract or economic advantage which causes a party to a

contract to break off the contract is committed business tort.

a. True

QN=7 The doctrine of strict liability makes a manufacturer liable without proof of
negligence for dangerous product.

a. True

QN=8 A battery is the intentional harmful or offensive touching of another without

consent or privilege.

a. True

QN=9 If a person is injured when he/she is using a product, the manufacturer of the
product shall be held liability for such injury.

b. False

F
 QN=1 A voidable contract ( ).

a. Must be in writing.

b. Must be rejected by both parties.

c. Gives one party the choice to abide by it or reject it.

d. Is never effective.

QN=2 A( ) is one in which the terms are set forth in writing rather than
expressed orally.
a. Executed contract

b. Executory contract

c. Written contract

d. Oral contract

QN=3 A( ) must be in a special form or be created in a certain way.

a. Executory contract

b. Oral contract

c. Formal contract

d. None of the choices “Executory contract”, “Oral contract” and “Formal contract”

QN=4 A (an) ( ) consists of a mutual exchange of promises to perform some future acts.

a. Bilateral contract.

b. Bilateral contract, Quasi contract and Executory contract.

c. Quasi contract.

d. Executory contract.

A
 QN=5 According to the contract law of the US, how many requirements that a contract must
meet in order to be valid

a. 5

b. 4

c. 3

d. 6

QN=6 Failure to perform contractual duties is breach of contract.

a. True

QN=7 The King offers to pay $100,000 to anyone who kills the Monster and brings the
Princess back to the Kingdom. Robin cuts the Monster' head off and brings the
beautiful Princess back, the King gives such hero the bonus of $100,000. In this case,
there is ( ).

a. A bilateral contract existing

b. A unilateral contract existing

c. No contract existing

QN=8 Simple contracts may be ( ).

a. Implied from the conduct of the parties

b. Imposed by Law

c. A quasi-contract

d. Implied from the conduct of the third party

A
 QN=1 Advertisements, window displays, catalogs, price lists, etc. are common types of ( ) to
make an offer.

a. Invitation.

b. New offer.

c. Disagreement.

d. New acceptance.

QN=2 An offer that does not specify a ( ) of acceptance may be accepted in any
manner reasonable under the circumstances.

a. Particular manner

b. Participated manner

c. Unparticipated manner

d. Particular manner, Participated manner and Unparticipated manner are right.

QN=3 A manifestation must ( ) to be an offer.

a. Be definite

b. Show the manifesting person's intention to be legally bound

c. Be communicated to a person who the manifesting person intents to be bound with

d. Be definite, show the manifesting person's intention to be legally bound and be

communicated to a person who the manifesting person intents to be bound with

QN=4 If the offer is communicated by means of facsimile without specifying any particular manner
of acceptance, the acceptance could be ( ).

a. Communicated by email

b. Communicated by email or facsimile

c. Communicated in an reasonable manner

 d. Communicated as required in the offer

C
 QN=5 A revocation of an offer is valid if communicated to the offeree ( ).

a. Prior to a counteroffer

b. At any time before its acceptance

c. At any time.

d. Prior to inquiry

QN=6 An offer directed to a specific individual or firm cannot be accepted by anyone else.

a. True

QN=7 The offer must be communicated to the offeree.

a. True

QN=8 An option can be revoked at will.

a. False

QN=1 Almost all of a minor's contracts are avoidable at the minor's option.

a. True

QN=2 A( ) who contracts with an adult may avoid the contract or treat the contract as
valid and then the adult is bound by it.

a. Intoxicated person.

b. Minor.

c. Convict.

d. None of Intoxicated person, Minor and Convict

B
 QN=3 Who are not capable of making a legally enforceable contract

a. Adults

b. Minors

c. Mentally incompetent people

d. Minors and/ or mentally incompetent people

QN=4 After reaching majority, minors may treat the contract made by them during minority
to extent which ( ).

a. Rejects it at any time

b. Ratifies it within reasonable time

c. Keeps silence to reject it

d. Accepts it at any time

QN=5 Does the term disaffirmance mean the repudiation of a contract?

b. Yes

QN=6 If an adult purchases personal property from a minor, the adult has only a voidable
title to the property.

b. True

QN=7 Minor is a person under the age of majority.

b. True
 QN=1 A( ) is one in which two or more people are bound both jointly and severally.

a. Joint and several contract

b. Joint contract

c. Several contract

d. None of the choices “Joint and several contract, Joint contract and Several contract”

QN=2 Third party can become involved in a contract by ( ).

a. Novation

b. Assignment

c. Delegation

d. Novation, assignment and delegation

QN=3 When a joint contract is not carried out may the aggrieved party must sue ( ).

a. Either of joint- parties individually

b. All of joint-parties together

c. None of joint-parties

d. Several-parties

QN=4 The third party beneficiary may claim for his/ her rights under the contract in the
case of ( ).

a. Donee beneficiary

b. Creditor beneficiary

c. Incident beneficiary

d. Either of Donee beneficiary, Creditor beneficiary or Incident beneficiary

B
 QN=5 When one assigns rights under a contract the assignee can receive ( ).

a. Greater rights than the assignor held

b. Less rights than the assignor held

c. Equal rights that the assignors held

d. The rights to extent which depends on the assignor’s intention

QN=6 Unless otherwise expressed, a promise made by two or more people is generally
presumed to be ( ).

a. Joint contract

b. Several contract

c. Joint and several contract

d. Based on later consent of both parties

QN=1 If a contract states no time for performance, when must it be performed?

a. Performance must ordinarily be rendered within a reasonable time

b. Performance must ordinarily be rendered within a time agreed by contractual parties

c. Performance will be rendered at any time

d. None of the choices: “Performance must ordinarily be rendered within a reasonable

time”, “Performance must ordinarily be rendered within a time agreed by contractual
parties” and “Performance will be rendered at any time”
A

QN=2 Bankruptcy leads to ( ).

a. Terminate a contract by law

b. Invalidate a contract

c. Avoid a contract

d. Invalidate the contract

A
 QN=3 Liquidated damage is ( ).

a. Agreed by both parties to a contract in advance in the event a breach of the

contract

b. Announced by the court to punish aggrieving party if needed

c. Fixed equal to injuries to enforce fairness

d. Punished when no damage occurs

QN=4 A person has the rights to sue based on ( ).

a. Statue of limitation

b. Time issued by court in case by case

c. Time fixed by both party before hand

d. Statue of timing-suit.

QN=5 After singing the contract, the obligation under contract is impossible to perform,
both parties may treat the contract ( ).

a. Invalid

b. Discharged

c. Voidable

d. Unenforcable

QN=1 ( ) are tangible personal property.

a. Loans

b. Bonds

c. Copyrights

d. Cars

d
 QN=2 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

QN=3 A gift is one way to obtain the title of personal property.

a. True

QN=4 Fungible goods are goods of homogeneous nature sold by weight or measure.

a. True

QN=5 The finder of lost property has a right of possession against everyone.

a. False

QN=6 One may acquire personal property by creation.

a. True

QN=7 The laws of an intestate's state of residence determine how the heirs acquire title to
personal property.

a. True
 QN=1 Under UCC, the seller expects to acquire the goods in the future either by ( ) or by
manufacture.
a. Sell

b. Purchase

c. Borrow

d. Lease

QN=2 The sale of bonds is a sale of goods under UCC.

a. True

b. False

QN=3 The reasonable price for the same goods in the market shall be implied, in case there
is no express term on the price.

a. True

QN=4 Under UCC, ( ) is a sale of goods.

a. A sale of furniture

b. A sale of copyrights

c. A sale of land

d. A sale of shares

QN=5 In accordance with UCC, ( ) is not a sale contract.

a. A purchase of a real estate

b. A purchase of automobiles

c. A purchase of potatoes

d. A sale of computers

A
 QN=6 Goods, in a sale of goods, mean ( ).

a. Immovable property

b. Intangible movable property

c. Tangible movable property

d. Immovable property, intangible movable property and tangible movable property

QN=7 Under UCC, price in a sale of goods could be paid for by ( ).

a. Money

b. Goods

c. Services

d. Money, goods and services

QN=8 Under UCC, a Sale contract will not be valid even if it does not state the exact price.

a. True

QN=9 Under UCC, if the sale is divisible with a legal part and an illegal part, the court
will ( )

a. Enforce the legal part only.

b. Announce the whole contract invalid

c. Recognize the whole contract valid

d. Leave choice to avoid contract to both parties

A
 QN=10 Under UCC, which property subjects to Sales?

a. House

b. Land

c. Copyrights

d. Horse

QN=11 Under UCC, if a party to a sale contract indicates that the price must be fixed by
them or by third party at a later date, will the contract be binding?

a. Yes

QN=1 The ( ) is the one who makes the offer in the auction sales.

a. Offeror

b. Offeree

c. All of the choices: “Offeror”, “Offeree”, and “Bidder”

d. Bidder

QN=2 Under UCC, an oral contract may be enforced if the buyer has made full ( ) on the
contract.

a. Agreement

b. Termination

c. All of the choices: “Agreement”, “Termination” and “Payment”

d. Payment

D
 QN=3 ( ) is taking possession of the goods.

a. Receipts

b. Bill of sale

c. Invoice

d. None of the choices: “Receipts”, “Bill of sale” and “Invoice”

QN=4 Under UCC, if the sale price of a contract for the sale of goods is equal to or more
than $500, the contract will not be valid if it is not ( ).

a. In writing

b. In writing and the oral evidence is not permitted

c. Under seal

d. Under signature

QN=5 Under UCC, the contracts with equal to or more than 500 USD will not invalid if
proof of oral contract is permitted.

a. True

QN=6 The bidder is the one who makes the offer in the auction sales.

a. True

QN=7 Under UCC, an oral contract cannot be enforced if the buyer has made full payment
on the contract.
a. False
QN=8 Under UCC, must all contracts for the sale of goods exist in writing when the sale
price is $500 or more, unless otherwise provided by law?
a. Yes
 QN=1 The title to existing goods, identified at the time of contracting and not to
be transported, passes to the buyer ( ).

a. At the time and place of delivery

b. At the time of delivery and place of the seller

c. At the time and place of contracting

d. At the time the seller has completes the delivery

QN=2 In case existing goods require transporting, when does title to the goods pass to the
buyer?
a. Title to the goods passes to the buyer when the seller has completed delivery.

b. Title to the goods passes to the buyer when delivery has just begun.

c. Title to the goods passes to the buyer before the seller’s manufacture finishes.

d. All of the choices: “Title to the goods passes to the buyer when the seller has
completed delivery”,” Title to the goods passes to the buyer when delivery has just
begun”, and “Title to the goods passes to the buyer before the seller’s manufacture
finishes”.
A

QN= 3 In case a contract for sale of goods is ( ), the seller shall be obliged to deliver
the goods to the initial carrier.

a. A shipment contract

b. A destination contract

c. A COD contract

d. A F.O.B (UCC) contract

QN=4 Regarding international trade, Incoterms are widely used.

a. True
 QN=5 Fungible goods are goods of a homogeneous or like nature that may be sold by
weight or measure.
a. True

QN=6 For future goods marking and shipment, title and risk of loss pass to the buyer when
shipment or delivery occurs.
a. True

QN=7 After the risk of loss passes to the buyer, a seller has no liability for any damage to
the goods.
a. False

QN=1 A statement "this is a good engine" is ( ).

a. Merely the seller's opinion

b. An express warranty

c. An implied warranty

QN=2 An implied warranty differs from an express warranty in that ( ).

a. It is made by the seller and is imposed by the law

b. All of the choices: “It is made by the seller and is imposed by the law”, “It is not
made by the seller but is imposed by the law”, and “It is made by the seller but is
imposed by the law”.
c. It is not made by the seller but is imposed by the law

d. It is made by the seller but is imposed by the law

QN=3 For food or drink, the sale carries the ( ) that the food is fit for its ordinary
purpose of human consumption.
a. Limited warranty

b. Implied warranty
 c. Express warranty

d. Full warranty

B
 QN=4 Warranty implied by all sellers is ( ).

a. Title

b. Merchantability

c. patent or trademark infringement

d. Fitness for particular use of buyer

QN=5 Warranties of all sellers include ( ).

a. Warranty of title

b. Warranty against encumbrances

c. Warranty of conformity to description, sample and model

d. Warranty of fitness for a particular purpose

e. Warranty of title, warranty against encumbrances, warranty of conformity to

description, sample and model and warranty of fitness for a particular purpose

QN=6 The seller says as "Our products are on the top of the World." His oral
statement is ( ).

a. An express warranty

b. An implied warranty

c. The seller's puffing

QN=7 The seller's statement shall be considered as a warranty if it contains the word
"warranty" or "guarantee".

b. False
QN=8 A warranty of title cannot be excluded in any case.

b. False
 QN=1 ( ) of the sole proprietorship has ultimate and unlimited liability for its debts.

a. The employee

b. The agent

c. The owner

d. The creditor

QN=2 Laura sets up a store in a form of a sole proprietorship, namely "Laura Fashion".
Laura Fashion has unpaid debt. May the creditor require Laura to pay this unpaid
debt?

a. Yes

QN=3 The ( ) shall have the limited liability.

a. General partner

b. Proprietor

c. Shareholder

d. Joint venture party

QN=4 A corporation is ( ).

a. An agreement of individuals

b. An association created by law into an entity

c. A person

d. An agreement of individuals, an association created by law into an entity and a

person

QN=5 A corporation must be register as a legal entity.

a. True

b. False

A
 QN=6 The nature of Articles of Corporation is a/an ( ).

a. Commitment

b. Promise

c. Contract

d. Unilateral contract

QN=7 Members in joint-stock company have ( ).

a. Limited liability

b. Unlimited liability

c. Either of limited liability or unlimited liability

d. Both of limited liability and unlimited liability

QN=8 There are only three types of business organization.

a. True

b. False

QN=9 A general partnership is ( ).

a. A partnership with no limitation on rights of partners

b. A partnership with no limitation on duties of partners

c. A partnership with no limitation on rights, duties and/or liabilities of

partners
QN=10 A proprietor must be ( ).

a. A person

b. A legal entity

c. A corporation

d. A household

A
 QN=1 The right to have a corporate seal is ( ).

a. Incidental power of corporation

b. All of the choices: “Incidental power of corporation”, “Express power of

corporation”, and “Implied power of corporation”
c. Express power of corporation

d. Implied power of corporation

QN=2 Knight Corporation signs a contract for purchase of land to build its factory.
Its action is within ( ).

a. Express power

b. Implied power

c. Incidental power

QN=3 Every corporation has three types of powers: express, incidental, and implied.

a. True

QN=4 A corporation shall not be held liable on contracts negotiated by its promoter on
its behalf prior to incorporation unless ( ).

a. Such contracts benefit it

b. Such contracts do not harm it

c. It ratifies or adopts such contracts

d. Such promoter becomes its director

C
QN=1 Watered stock is ( ).

a. Reacquired by a corporation

b. With assigned face value

c. Giving special advantage

d. Issued as fully paid up, but paid with property of inflated values
D
 QN=2 The common shareholder is an owner of ( ).

a. Common share(s)

b. Voting preference share(s)

c. Dividend preference share(s)

d. Redeemable preference share(s)

QN=3 A stock option gives an individual an option to purchase shares at fixed price
for a stated period of time.

a. True

QN=4 In case, ownership of shares is not evidenced by a stock certificate, ownership

is shown on ( ).

a. The corporation’s corporate record book

b. The corporation's bylaws

c. The corporation's articles of incorporation

QN=5 A stock certificate presents the capital stock of a corporation.

b. False

QN=1 To be valid, a stockholders’ meeting requires the presence of a minimum number of

shares that must be represented in order that business may be lawfully transacted.
This is called ( ).
a. Requirement on quasi contract

b. Requirement on quorum

c. Requirement on voting trust

d. Requirement on voting

B
 QN=2 Who manages the corporation?

a. Officers

b. Both of the choices: “Directors” and “Officers”

c. Directors

d. None of the choices “Directors” and “Officers”

QN=3 Right to purchase new shares in proportion to shares owned is called ( ).

a. Preemptive right

b. Right of voting

c. Right to stock option

d. All of the choices: “Preemptive right”, “Right of voting”, and “Right to stock option”

QN=4 A stockholder who holds 51% of shares of common stock has no the right to
participate in direct management of a corporation.

a. True

b. False

QN=5 A director has a right to vote for issues falling within power of stockholders.

a. True

QN=6 Is voting the most important right of a stockholder?

a. Yes
 QN=1 Personal property that securely attached to real estate in order to become part of the
real estate is called ( ).
a. Cars

b. Fixture

c. All of the choices: “Cars”, “Fixture”, and “Cups”

d. Cups

QN=2 The most common ways real property can be owned by more than one person
include ( ).

a. Tenancy in common

b. Joint tenancy

c. Tenancy in entirety

d. All of the choices: “Tenancy in common”, “Joint tenancy” and “Tenancy in entirety”

QN=3 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. Person installing the personal property needs to be true owner only

d. Whether the personal property is tangible or intangible

QN=4 When many persons own property in a way of tenancy in common, they cannot
inherit the outsiders.

b. False
QN=5 Multiple ownership of husband and wife during marriage is ( ).

c. Tenancy by entirety
 FE_VN

QN=1 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

QN=2 ( ) is the most important source of law in both Vietnam and America.

a. Constitution

b. Statue Rules

c. Judicial decisions

d. Administrative orders

QN=3 In Vietnam, the Constitution is enacted by ( ).

a. The Government

b. The Supreme People's Court

c. The National Assembly

d. The People

QN=4 According to Vietnamese law, judge’s decision is one of the sources of law.

a. True

b. False

B
 QN=5 According to Vietnamese law, hierarchy of applying legal documents sets out in
( ).

a. The Commercial Law 2005

b. The Law on issuing the legal normative documents 2008

c. The Civil Code 2005

d. The Enterprise Law 2005

QN=1 In Vietnam, the Supreme People’s Court has all of trial, appeal and review
jurisdiction.

a. True

b. False

QN=2 In Vietnam, according to Vietnamese law, the court system includes, the court can
be divided into Vietnamese Supreme People’s court, People’s Courts of provinces
and cities directly under central authority and People’s Courts of districts,
prefectures, towns or cities under the provinces.

a. True

QN=1 In Vietnam, liability to compensate for 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

QN=2 According to the law of Vietnam, a person who causes damage while acting
within the requirement of emergency situation shall not be liable for such
damage.
a. True
 QN=3 According to the law of Vietnam, causation means that ( ).

a. The damage must occur

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

QN=1 According to Vietnamese 2005 Civil Code, to be effective, a civil transaction must (
).

a. Be created by the persons having full civil act capacity

b. Have the purposes and contents which do not violate prohibitory provisions of law
and are not contrary to social ethics.
c. Be created voluntarily by the persons participating in the civil transaction

d. All of the choices: “Be created by the persons having full civil act capacity; “Have
the purposes and contents which do not violate prohibitory provisions of law and are
not contrary to social ethics”; and “be created voluntarily by the persons participating
in the civil transaction”
D

QN=2 In Vietnam, a civil contract will be governed by ( ).

a. 2005 Civil Code

b. 2005 Enterprise Law

c. Constitution

d. Housing law

QN=3 Under Vietnamese 2005 Civil Code, civil transactions with purposes and contents
violating prohibitory provisions of law or contravening social ethics will be ( )

a. Void

b. Valid
A
 QN=4 According to Vietnamese law, lack of consideration makes a contract invalid.

b. False

QN=1 According to Vietnamese law, offer can be revoked if ( ).

a. Communicated to offerree before his/her acceptance

b. Communicated to offerree at any time

c. Communicated to offerree at reasonable time

d. Communicated to offerree after his/her acceptance

QN=2 In Vietnam, offer and acceptance are governed by ( )

a. 2005 Civil Code

b. 2005 Enterprise Law

c. Constitution

d. Land law

QN=3 Under Vietnamese 2005 Civil Code, the acceptance of an offer to enter into a
contract is the offeree’s reply to the offeror on the acceptance of the whole contents
of the offer.
a. True

QN=1 In Vietnam, adult are full ( ) or older:

a. 16 years old.

b. 18 years old.

c. 19 years old.

d. 15 years old.

B
 QN=2 In Vietnam, minor is under full ( ) years old.

a. 18

b. 21

c. 25

d. None of 18, 21, and 25

QN=3 In Viet Nam, contracts made by persons who are between full six years old and under
full eighteen years old must have the consents of their representatives at law when
establishing and performing civil transactions, except those transactions to meet their
daily-life needs suitable to their age group or otherwise provided for by law.
a. True

QN=1 Vietnamese law does not allow any of parties to a contract is replaced by the
outsider even with the same terms.

a. True

b. False

QN=2 Under Vietnamese law, when one transfers rights under contract, a notice needs to
be given to the non-assigning party in a form of ( ).

a. Oral

b. Written

c. Conduct

d. Any kinds

QN=1 According to Vietnamese law, when all the obligations under contract is carried
out fully, the contract will be discharged.

a. True
PTS: 1
 QN=1 In Vietnam, either of parties to a contract dies, which cannot be replaced by a new
party because of personal requirements, the contract will be ( ).

a. Void

b. Unenforceable

c. Voidable

d. Discharged

QN=1 In Vietnam, car is not personal property.

a. False

b. True

QN=2 Under Vietnamese 2005 Civil Code, intellectual property rights are personal
property.
a. True

b. False

QN=1 In Vietnam, form of contract for purchase and sale of goods shall be expressed ( ).

a. Orally

b. In writing

c. By specific conduct

d. Orally, or in writing, or by specific conduct

QN=2 In Vietnam, which particular law governs domestically commercial activities

a. The Commercial Law 2005

b. The Enterprise Law 2005

c. The Constitution.
 d. The Investment Law 2005

A
 QN=3 Vietnam is a member of the United Nations Convention of Contracts for the
International Goods (CISG)

a. True

b. False

QN=4 Under Vietnamese law, which property is subject to Sale contracts regulated by
the Commercial Law 2005?

a. House owned by an individual person (not a business person) sold to his neighbor
for residence

b. Land

c. Pictures

d. Forests

QN=5 According to Vietnamese law, a contract for sale of goods shall be governed by
the Law on Commerce of 2005 if both parties are business men

a. True

b. False

QN=1 Under Vietnamese 2005 Commercial Law, international purchases and sales of goods
must be implemented on the basis of an oral contract.

a. False

QN=2 According to Vietnamese 2005 Commercial Law, international purchase and sale of
goods cannot be implemented in the form of import.
a. False
b. True
 QN=1 Under Vietnamese 2005 Commercial Law, if the purchase and sale contract states the
time of delivery of goods, then ( ).

a. The contractual parties are required to deliver goods at the time agreed in the contract

b. The contractual parties are required to deliver goods at the time not to be agreed in
the contract
c. The contractual parties are required to deliver goods at the time agreed in another
document
d. All of The contractual parties are required to deliver goods at the time agreed in the
contract, The contractual parties are required to deliver goods at the time not to be
agreed in the contract and The contractual parties are required to deliver goods at the
time agreed in another document
A

QN=2 Under Vietnamese 2005 Commercial Law, unless otherwise agreed, where the
subject of the contract is goods currently in transit then the risk of loss or damage to
the goods shall not pass to the purchaser as from the time of entering into the
contract.

a. False

b. True

QN=3 According to Vietnamese 2005 Commercial Law, unless otherwise agreed, the risk of
loss or damage to goods shall pass to the purchaser if the goods are not clearly
identifiable by codes or signs on them or by transportation vouchers; if the goods
have not been notified to the purchaser or; if the goods are not able to be verified by
any other means.
a. False

b. True

QN=1 In Vietnam, the rights and interests of the consumers shall be protected by ( ).

a. The Law on Protection of Consumer's Interests

b. The Civil Code

c. The Law on Protection of Consumer's Interests and Civil Code

d. The Law on Protection of Consumer's Interests and Civil Code and other
relevant legal instruments enacted by the State
D
 QN=2 According to the law of Vietnam, a period of warranty for a sold object is
calculated from the time the buyer actually receives the sold object.

a. True

b. False

QN=1 According to Vietnamese law, a limited liability company must have three members
at least.

a. True

b. False

QN=2 In Vietnam, state owned company is stated in detail in ( ).

a. 2005 Civil Code

b. 2005 Commercial Law

c. 2009 Law on Personal Income Tax.

d. None of the choices: “2005 Civil Code”, “2005 Commercial Law” and “ 2009 Law
on Personal Income Tax”.
D

QN=3 Which is the following sentence right?

a. In Vietnam, private company is entitled to issue share.

b. In Vietnam, private company is entitled to issue stock.

c. In Vietnam, private company has unlimited liability.

d. In Vietnam, private company has limited liability.

C
 QN=4 According to the law of Vietnam, ( ) has an unlimited liability.

a. A member of a limited liability company

b. A shareholder

c. A general partner

d. An owner of an one-member limited liability company

QN=5 According to the law of Vietnam, ( ) is a legal entity.

a. A sole proprietorship

b. A branch of a corporation

c. A representative office of a corporation

d. A partnership

QN=6 According to the law of Vietnam, members in joint-stock company have ( ).

a. Unlimited liability

b. Limited liability

c. Both of unlimited liability and limited liability

d. Either of unlimited liability or limited liability

QN=7 According to the law of Vietnam, a member of a limited liability company with
two or more members must be an individual.

a. True

b. False

QN=8 According to the law of Vietnam, the number of members of a limited liability
company shall not exceed ( ).
d. 50
 QN=1 Accordingly the Law on Enterprise of Socialist Republic of Vietnam, a corporation
must have two shareholders at least.

a. True

b. False

QN=2 In 2005 Enterprise Law, the minimum number of shareholders in joint-stock

company is ( ).

a. 03

b. 06

c. 07

d. 08

QN=3 According to the law of Vietnam, a founding shareholder means a shareholder

involved in formulating, approving and signing the first charter of a
shareholding company.

a. True

QN=4 According to the law of Vietnam, the scope of business must be indicated in
the business registration certificate.

a. True

QN=1 In Vietnam, if dividend payment is made in cash, it must be made in ( ).

a. Vietnam dong

b. USD
 c. Singapore dollar

d. Any other currencies

A
 QN=2 In Vietnam, The General Meeting of Shareholders shall be conducted where the
number of attending shareholders represents at least ( ) per cent of the voting
shares.
a. 65

b. 55.

c. 75

d. 50

QN=3 According to the law of Vietnam, the charter capital of the corporation is ( )

a. The total money value of its assets

b. The minimum capital required by law

c. The amount of money registered in the business registration certificate

d. The declared money value of its outstanding stock

QN=4 According to the law of Vietnam, the ordinary shares may not be converted
into preference shares.

a. True

QN=1 According to the law of Vietnam, the number of members of the board of
management ( ).

a. Must be three at least

b. Must be eleven at least

c. Must be three at least but not more than eleven

d. Must be three at least but not more than eleven unless otherwise provided by
the charter

D
 QN=2 According to the law of Vietnam, a member of the board of management must
be a shareholder.

a. True

b. False

QN=1 According to Vietnamese Law, which below property is defined as real property

a. Motorbike

b. Chicken

c. Horse

d. Property attached securely to land

QN=2 According to Vietnamese Law, husband and wife possess community property by
common ownership by integration

a. True

b. False

A
 RE_US

QN=1 Interpretations by the highest courts have the effect of setting ( ).

a. Ordinances

b. Statues

c. Constitution

d. Precedents

QN=2 ( ) is a custom that came to be recognized by the courts as binding on the

community and therefore law.

a. Equity Law

b. Written Law

c. Common Law

d. All of the choices: “Equity Law”, “Written Law”, and “Common Law”

QN=3 The law is needed for society because ( ).

a. A person usually tends to harm others to benefit themselves

b. Punishment set out by law makes people frighten, so that they do not dare break
order of society.

c. It is such a powerful method that the Government forces people to do good thing for
the Government.

d. People will be able to resolve the disputes peacefully and know how to avoid those
disputes.

QN=4 The reason why judge’s decision is equally applicable as law issued by Congress is
the fact that it inherits from Common Law of the France.

a. True

b. False
QN=5 If the statues enacted by state legislative body conflict with statues enacted by the
federal Congress, however, they agree with the United States’ Constitution ( ).

a. The statue enacted by State legislature will prevail

b. The statue enacted by federal Congress will prevail

c. None of the Statue enacted by federal Congress and the Statue enacted by State
legislature will prevail.

d. The statue enacted by county or municipal legislature will prevail

QN=1 The ( ) hear appeals from federal district courts and from federal administrative
agencies and departments.

a. Federal courts of appeals

b. US Supreme Court

c. Administrative Agencies

d. None of the choices: “Federal courts of appeals”, “US Supreme Court”, and
“Administrative Agencies”

QN=2 Judicial interpretation is important to the legal process because ( ).

a. It allows courts to interpret laws differently

b. It prevents previous case law from being overturned

c. Interpretations by the highest courts set precedents follow by lower courts

d. Any state supreme court can reverse the Supreme Court of the United States

QN=3 The U.S. Supreme Court ( ).

a. Does not have original jurisdiction of 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

QN=4 Inferior Court ( ).

a. Court that handles estates

b. Court that handles delinquent, dependent, and neglected children

c. Court that handles divorce and related cases

d. Trial court that hears only cases involving minor offenses and disputes

QN=5 General conditions for a court to apply long- arm statue over non- residents is that
( ).

a. Involved party’s choice only

b. The party being sued must have minimum contact with that state applying long-
arm statue

c. Involved party is the United States’ citizen

d. None of the party being sued must have minimum contact with that state applying
long- arm statue, and the involved party is the United States’ citizen

QN=6 Although an accident happens in a state, none of parties involved in this accident
is the resident, this state will not have jurisdiction over this case.

b. False

QN=7 If a case is appealed to the Supreme Court of the United States, ( )

a. The Supreme Court of the United States has to take it

b. The Supreme Court of the United States may choose to hear it or not

c. The Supreme Court of the United States rejects it on the ground of no jurisdiction
of appeal

d. The Supreme Court of the United States has to review it.

QN=1 A plaintiff may recover in tort for negligence whenever all ( ) elements
occur.

a. Two

b. Three

c. Four

d. Five

QN=2 ( ) may be held liability in tort for injuries caused by products provided
by them.

a. Only manufacturers

b. Only suppliers

c. Only rental companies

d. All of the choices “Manufacturers”, “Dealers”, “Suppliers”, and “Rental

companies”

QN=3 The imitation of another company's trademark is trademark infringement.

a. True

b. False

QN=1 ( ) is one in which may have rights and obligations imposed by law when no
real contract exists.

a. None of the choices: “Implied contract”, “Express contract”, and “Quasi contract”

b. Implied contract

c. Express contract

d. Quasi contract
QN=2 A contract differs from an agreement in that ( ).

a. The parties to a contract do not to intend to be legally obligated to the terms of the
agreement
b. The parties to a contract intend to be legally obligated to the terms of the agreement

c. The parties to a contract intend to terminate the agreement

d. None of the choices: “The parties to a contract do not to intend to be legally obligated
to the terms of the agreement”, “The parties to a contract intend to be legally obligated
to the terms of the agreement”, and “The parties to a contract intend to terminate the
agreement”

QN=3 A voidable contract and void contract are different up to the point that ( ).

a. Voidable contract is always invalid, while void contract is valid by choice of one
party

b. Void contract is always invalid, while voidable contract is invalid only by

disaffirmance of one party

c. Voidable contract is valid and void contract is unenforceable.

d. Voidable contract is unenforceable and void contract is valid.

QN=4 If Phillip advertises a $5,000 reward for information about the robbery of his store
and Jessup tells him who robbed the store ( ).
a. A bilateral contract has been made.

b. There has been a mutual exchange of promises.

c. Only Phillip has made a promise.

d. Jessup had a duty to disclose the information.

QN=5 Explain the difference between an executory and an executed contract ( ).

a. An executed contract is one in which the terms have not been fully carried out
by all the parties while an executory contract is one in which the terms have
been fully performed by all the parties to the contract.

b. No difference between them.

c. An executor contract is one in which the terms have not been fully carried out
by all the parties while an executed contract is one in which the terms have
been fully performed by all the parties to the contract.

d. Both of them are not real contract.

QN=6 \

a. A valid contract is an agreement that courts will enforce against all parties.

b. A performance of contract is the failure of one of the parties to perform the

obligations assumed under the contract.
c. A written contract is one in which the terms are stated in spoken, not written, words.

d. A written contract is executed contract.

QN=1 If the ( ) has been revoked prior to the communication of acceptance to offeror, the
offeree can no longer accept it and create a contract.

a. Acceptance

b. None of the choices: “Acceptance”, “Offer” and “Rejection of offer”

c. Offer

d. Rejection of offer

QN=2 The offer cannot be accepted, ( )

a. If one writes out an offer and the offer falls into the hands of the offeree without the
acknowledge or consent of the offeror.
b. If one writes out an offer and the offer falls into the hands of the offeree with the
acknowledge or consent of the offeror.
c. If one writes out an offer and the offer falls into the hands of the offeree without the
acknowledge and with consent of the offeror.
d. Another condition.
QN=3 An offer must be accepted without any deviation in its terms. If the intended
acceptance varies or qualifies the offer, this ( ) rejects the original offer.
a. Offer

b. Acceptance

c. Counteroffer

d. New acceptance

QN=4 The offeree may make an inquiry about terms that differ from the offer’s terms
without rejecting the offer.
a. True

QN=1 How will the contract made by a person being formally adjudicated incompetent be
treated?

a. Depending on the will of contractual parties.

b. To be void without regard to whether they are reasonable or for necessaries.

c. To be valid regardless to whether they are reasonable or for necessaries.

d. To be voidable without regard to whether they are reasonable or for necessaries.

QN=2 The same point between intoxicated person and convict is that ( ).

a. Capacity to contract is restricted.

b. Without capacity to contract.

c. Both of the choices: “Capacity to contract is restricted” and the choice “Without
capacity to contract” are wrong.
d. Both of the choices: “Capacity to contract is restricted” and the choice “Without
capacity to contract” are right.

QN=2 A minor is liable for torts as fully as an adult is.

a. True
QN=3 Contracts made by people who have become so intoxicated that they cannot
understand the meaning of their acts and have not judicially declared by court are (
).
a. Void

b. Valid

c. Voidable

d. Legal

QN=4 Is the age in which a person is considered a minor the same in all states?

a. No

QN=1 Which of the following definitions is correct with the nature of “delegation”?

a. Delegation is transferring of the rights alone without a transfer of duties.

b. None of the choices: “Delegation is transferring of the rights alone without a transfer
of duties”, “Delegation is transferring of the duties alone without a transfer of rights”,
“Delegation is transferring of the duties alone with a transfer of rights”.
c. Delegation is transferring of the duties alone without a transfer of rights.

d. Delegation is transferring of the duties alone with a transfer of rights.

QN=2 What is the difference between the assignment and the delegation under contract?

a. An assignment is the termination of a contract, while a delegation is strictly a transfer

of duties.
b. An assignment is the transfer of rights in a contract, while a delegation is strictly a
transfer of duties.
c. An assignment is the transfer of duties in a contract, while a delegation is strictly a
transfer of rights.
d. An assignment is the transfer of rights in a contract, while a delegation is strictly
terminating a contract.
QN=3 The third-party beneficiary may require ( ).

a. The promisor to perform his duty which is the duty to benefit him as agreed in the
contract

b. Nothing

c. The promisor to perform his duty which is the duty to benefit him as agreed in the
contract unless the promisor refuse to perform his duty

d. The promisor to perform his duty which is not the duty to benefit him as agreed in
the contract

QN=4 In which case does the party making a transfer of contract have to notice other party?

a. Delegation

b. Assignment of business contract

c. Assignment of civil contract

d. Delegation and assignment of business contract

QN=5 A owes B 500 USD. B owes C 1000 USD. Could B transfer C the rights to collect
1000 USD from A?

a. Yes

b. No

QN=6 In which case delegating party may transfer duties to delegated party?

a. Painting required for such a special skill of delegating party

b. Obligation to pay money

c. The client requires lawyer Jimmy to protect his legitimate interest at the court trial

d. The contract prohibits the transfer of any kind of duties

QN=7 When one assigns rights under contracts to an assignee for value, the warranties of
Assignor to Assignee are ( )

a. Express warranties

b. Implied warranties

c. Limited warranties

QN=1 When a breach of contract occurs, the law entitles the injured party to compensation
for the exact amount of loss, but no more. Such damages are called ( ).

a. Liquidated damages

b. Punitive damages

c. All of the choices: “Liquidated damages”, “Punitive damages” and “Compensatory

damages”
d. Compensatory damages

QN=2 If the plaintiff in a breach-of-contract suit can prove that the defendant broke the
contract but cannot prove any loss was sustained because of the breach, then the
court will award ( ).

a. None of the choices: “Compensatory damages”, “Liquidated damages”, and “Nominal

damages”
b. Compensatory damages

c. Liquidated damages

d. Nominal damages

QN=3 If a contract is breached, which remedy the innocent party may use in the course of
action.

a. Sue for damages

b. Rescind the contract

c. Sue for specific performance

d. All of the choices: “Sue for damages”, “Rescind the contract” and “Sue for specific
performance”
QN=4 The common law only provides ( ) as remedy

a. Restraining order

b. Injunction

c. Damage

d. Specific performance

QN=5 If a contract does not state the time to perform the contract, the performance of a
contract must ordinarily be carried out within a(n) ( ).

a. Reasonable time

b. Time fixed by either of party

c. At any time

d. Time fixed by court

QN=6 When a contract is impossible to perform at the time of contracting, it will be held
( ).

a. Not existing

b. Voidable

c. Void

d. Discharged

e.
QN=7 The difference between liquidated damage and punitive damage is ( ).

a. The liquidated damage is agreed upon in advance by both parties in contract, while
punitive damage is decided by court to punish the aggrieving party.

c. The punitive damage is agreed upon in advance by both parties in contract, while
liquidated damage is decided by court to be equal to injuries occurred to the
aggrieved party

d. The punitive damage is agreed upon in advance by both parties in contract, while
liquidated damage is decided by court to punish the aggrieving party

e. The liquidated damage is agreed upon in advance by both parties in contract, while
punitive damage is decided by court to be equal to injuries occurred to the
aggrieved party

QN=8 Specific performance will be granted in place of money awarded in case of ( ).

a. Sale of real estate

b. Sale of motorbike

c. Apple sale

d. All of the choices: “Sale of real estate”, “Motorbike sale” and “Apple sale”.

QN=1 Tangible personal property is personal property that can be seen, touched, and
possessed.
a. True

b. False

QN=2 Title does not transfer by will until the person who made the will dies and
appropriate judicial proceedings have taken place.

a. True

b. False
QN=3 One cannot acquire personal property by creation.

a. False

b. True

QN=1 Under UCC, what is the difference between a sale and a contract to sell?

a. When a sale is made, the title, or the ownership of a subject matter, is transferred at
once; when a contract to sell is made, title will be transferred at a later date.
b. When a sale is made, the title, or the ownership of a subject matter, is transferred at
once; when a contract to sell is made, title will be never transferred.
c. When a sale is made, the title, or the ownership of a subject matter, is transferred at a
later date; when a contract to sell is made, title will be transferred at once.

QN=2 Under UCC, what determines whether a contract is for the sale of goods or the
providing of a service?
a. Whether a contract is for the sale of goods or the supplying of a service is determined
by which factor is predominate.
b. Determined by seller or service supplier.

c. Determined by buyer.

QN=3 Under UCC, sales and contracts to sell are different up to the point that ( ).

a. Sales are sales of personal properties and contracts to sell are contracts of real
properties.

b. Sales are for only existing goods and contracts to sell are for only future goods

c. The tile in sales is transferred at once, while in contracts to sell, it will be transferred
in later time.

d. Sales are offers and contracts to sell are invitations to make offers
QN=4 Under UCC, A orders B, a tailor to make one T-shirts with her favorite color and
style in one week So, the T-Shirt under this contract regards as ( )

a. Existing goods at the time of having contracted

b. Identified goods at the time when the tailor begins to make it

c. Unidentified goods

d. Intangible goods

QN=5 Under UCC, A bought one hundred red roses in a flower shop and asked them to
deliver those to his girl friend’s house on her birthday. Is the contract subject to
Sale of personal property under UCC?

a. Yes

b. No

QN=6 Under UCC, if the contract does not state the price, the price will be considered (
).

a. The reasonable price for the same goods in the market

b. By the third party

c. At any time by court

d. To make contract invalid

QN=1 The bidder is the one who makes the acceptance in the auction sales.

a. False

b. True
ANS: A

QN=2 Under UCC, an oral contract may be enforced if the buyer has made full payment on
the contract.
a. True
QN=3 Under UCC, all contracts for the sale of goods must exist in writing when the sale
price is $500 or more, unless otherwise provided by law.
a. True

QN=1 For future goods marking and shipment, when do the title and risk of loss pass to the
buyer?
a. Title and risk of loss pass to the buyer before shipment or delivery occurs.

b. Title and risk of loss will not never pass to the buyer when shipment or delivery ends.

c. Title and risk of loss pass to the buyer before shipment or delivery occurs, Title and
risk of loss will not never pass to the buyer when shipment or delivery ends and Title
and risk of loss pass to the buyer when shipment or delivery occurs.
d. Title and risk of loss pass to the buyer when shipment or delivery occurs.

QN=2 Why may problems arise in business transactions regarding title to goods and risk of
loss?
a. None of the choice “Because title to goods and risk of loss are factors impacting to
the purchaser’s interest only”, “Because business deal in large volumes of goods and
often must arrange the sale of goods before they may even exist, both of which may
make possession of the goods difficult or impossible” and “Because title to goods and
risk of loss are factors impacting to the seller’s interest only”
b. Because title to goods and risk of loss are factors impacting to the purchaser’s interest
only.
c. Because business deal in large volumes of goods and often must arrange the sale of
goods before they may even exist, both of which may make possession of the
goods difficult or impossible.
d. Because title to goods and risk of loss are factors impacting to the seller’s interest
only.

QN=3 In case, a contract for sale of goods contains a transportation clause, but such clause does
not specify the place of delivery, ( ).

a. The title and risk of loss shall be transferred to the buyer when the goods are delivered to
the initial carrier

b. The title and risk of loss shall be transferred to the buyer at the unloading place

c. The title and risk of loss shall be transferred to the buyer when the goods are delivered to
the buyer's nominated party

d. It is unable to divide the risk of loss until the buyer takes delivery of goods
QN=4 A sale or return is a completed sale with the right of the buyer to return the goods and
thereby set aside a sale.
a. True

QN=5 In a sale on approval, is the sale not complete until the buyer approves the goods?

a. Yes

QN=6 Fungible goods are not goods of a homogeneous or like nature that may be sold by
weight or measure.
a. False

QN=1 Implied warranty may be excluded in case ( ).

a. There is a valid disclaimer of implied warranties

b. There is a disclaimer of implied warranties

c. There is an unconscionable disclaimer of implied warranties

d. There is no written warranty in a sales contract

QN=2 Dealer has already bought 50 TV sets from X Manufacturer for resale. Y
Manufacturer discovers that all TV sets manufactured by X Manufacturer
bearing Y Manufacturer's trademark and notifies Dealer of this infringement.
May Dealer make a claim against X Manufacturer for breach of warranty
against infringement?

a. Yes

QN=2 A (an) ( ) is a business organization registered with the appropriate state

office whose members take an active role in managing the business but do not
have unlimited liability for business debts and normally no liability for other
members’ misconduct or negligence.
a. Ordinary partnership.

b. Limited partnership.

c. Limited liability partnership.

d. Corporation.
QN=3 Why is it important to distinguish between a trading partnership and a
nontrading partnership?

a. Because the members of a non-trading partnership usually have considerably less

apparent authority than the partners in a trading partnership.
b. Because trading partnership needs more capital than non-trading partnership does.

c. Because trading partnership needs a lot of employees.

d. Because trading partnership needs a lot of employers.

QN=4 A business relationship, in which members buy stocks to be stock holder and still
are liable for company’s debt as unlimited liability members, is called ( ).

a. Joint- stock company

b. Joint venture

c. Limited liability company

d. General Partnership

QN=5 The ( ) has limited liability.

a. Proprietor

b. General partner

c. Member of LLC

d. Partnership
QN=6 Unlimited liability means that business debts are payable from personal, as well as,
business assets.

a. True
QN=7 LLC is the abbreviation of the term "limited liability company".

a. True

QN=1 The charter of the corporation is not a law because ( ).

a. It only governs the shareholder relationships

b. It is not enacted and enforced by a sovereign state

c. It only governs the internal affairs of such corporation

d. It is not applicable to keep the whole community in order

QN=2 The articles of incorporation must state the name of the corporation.

a. True

QN=3 ( ) is a corporation’s implied power.

a. Having a corporate name

b. Having property right

c. Borrowing money for its project implementation

d. Bring its customer to the court due to breach of payment duty

QN=4 A person who initially forms a corporation is ( ).

a. A stockholder
b. A promoter

c. An incorporator

d. A director
QN=1 What does it mean if stock is 7% nonparticipating?

a. It means that 7% is the maximum to which the preferred stockholders would be

entitled no matter how much the corporation earned.
b. It means that 7% is the maximum to which the preferred stockholders would be
entitled no matter how much the corporation earned plus 7% of common stocks.
c. It means that 7% is the minimum to which the preferred stockholders would be
entitled no matter how much the corporation earned.
QN=2 ( ) shall be performed under the cumulative voting.

a. The amendment to the corporation's charter

b. The approval of annual financial statement

c. The election of members of the board of directors

d. The approval of an investment contract

QN=3 If purchasing shares of stock option, stock holder

a. Must purchase those stocks if the price goes down

b. May purchase those stocks and resell if the price goes up

c. Make the purchase invalid

d. Make the purchase unenforceable

QN=4 Common stock entitles the owner ( ).

a. To vote

b. To have voice in the running of the corporation

c. To have the special preference

d. To have no rights

QN=5 The dividend must be payable to the shareholder in cash.

b. False

QN=6 The capital stock of the corporation is the declared money value of its
outstanding stock.

a. True
QN=1 Merger and Consolidation are different to the extent which:

a. To Merger, one corporation is dissolved and the other is still existed, while to
Consolidation, both of corporations are dissolved.

b. To Merger, both of corporations are dissolved, while to Consolidation, either of

corporations is dissolved.

c. To Merger, none of corporations are dissolved, while to Consolidation, either of

corporations is not dissolved.

d. To Merger, both of corporations are not dissolved, while to Consolidation, both

of corporations are dissolved.

QN=2 The board of directors is ( ) of the corporation.

a. The secondary policy-making body

b. The primary policy-making body

c. The committee of the major stockholders

QN=3 A presence of a quorum means that ( ).

a. A minimum number of shareholders attending at the meeting in order for the

legitimate meeting of shareholders

b. A minimum number of shares that must be presented in order for the legitimate
meeting of shareholders

c. A minimum number of votes for approval of the resolution of the shareholders

d. A minimum number of votes for election of the board of directors

QN=4 ( ) is within the powers of the board of directors.

a. Selecting the chief agents of the corporation

b. Dismissing a director

c. Increasing capital stock

d. dissolving the corporation
QN=1 Which of the following definitions is true?

a. Community property is a type of ownership reserved for parents and children.

b. Tenancy in common exists when two or more people own property and on the death
of one, the remaining owner(s) own the entire property free of any interest of the
deceased.
c. Tenancy by the entirety can exist only between a husband and wife.

d. Joint tenancy exists when two or more people own property and on the death of one,
the remaining owner(s) own the entire property of the deceased when meeting some
certain conditions.

QN=2 The ownership of the real property is entitled to use the adjacent real property if
there is no other way to achieve full using of his real property, that called ( ).

a. License

b. Easement

c. Free life estate

d. Free Simple Estate

QN=3 A, B, and C are in the multiple-ownership of of the Full house in a way of joint
tenancy. A leave a will to D A’s portion in that house. Later on, A passes away. D
will ( ).

a. Be joint tenancy with B and C

b. Have no right to become the owner in the multiple ownership of that house with B
and C

c. Sell the portion in that house

d. Refuse the interest

QN=4 Tenancy by entirety and Joint Tenancy is similar up to the point that ( ).

a. When one of the owners in the multiple-ownership dies, his/her portion must be
given to the remaining owners

b. There has been two people joining ownership

c. When one of the owners in the multiple-ownership dies, his/ her portion may be
given to the outsiders

d. Property is cumulative during marriage

RE_VN

QN=1 According to Vietnamese law, if a law and the Constitution are contrasted with
each other, ( ).

a. The Constitution will prevail

b. The Law will prevail

c. Both of the Law and the Constitution will be terminated

d. Both of the Law and the Constitution will be applicable together.

QN=2 In Vietnam, the Decree issued by the Government is ( ).

a. Beyond the law issued by the National Assembly and will be followed by the law
issued by the National Assembly

b. Below the law issued by the National Assembly and has to follow the law issued
by the National Assembly

c. The highest or beyond any law issued by the other state bodies

d. The lowest or below any law issued by the other state bodies

QN=3 According to Vietnamese law, the Decision issued by the Prime Minister cannot
against the Decree made by the Government.

a. True

QN=1 In Vietnam, to solve a dispute, a court shall apply ( ).

a. A previous decision of its same-level court

b. Law contained in the written legal documents
c. Rules of court

d. A previous decision of the Vietnamese People’s Supreme Court

QN=2 Taken into consideration of jurisdiction, the court in Vietnam will look at ( )

a. Subject matter, court’s level, geographic area, plaintiff’s choice

b. Geographic area, subject matter and Person involved

c. The place’s residence of defendant, Subject matter, and court’s level

d. Court’s level, Subject matter, and plaintiff’s choice

QN=3 An accident happens in Hanoi, the place of residence of parties involved is in Ho

Chi Minh city, ( ).

a. The court in Hanoi will have jurisdiction over this case

b. The court in Ho Chi Minh city will have jurisdiction over this case

c. The People’s Supreme Court will have jurisdiction over this case

d. Both of court in Hanoi and Ho Chi Minh city have original jurisdiction over this case by
plaintiff’s choice (A)

QN=1 Mr. Nam's tree fell down on Mr. Trung's roof, in accordance with the 2005
Civil Code of Vietnam, ( ).

a. Mr. Nam must be liable to pay a sum of money regardless of the damage
occurring or not

b. Mr. Nam must be liable to compensate Mr. Trung for the damage caused by
the tree falling

c. Mr. Nam will be liable to compensate Mr. Trung for the damage caused by the
tree falling if Mr. Nam proves that the tree falling is at Mr. Trung's fault
QN=2 According to the law of Vietnam, a legal entity must be liable to compensate
for damage caused by a person belonging to it if ( ).

a. Such person causes damage during the employment contract is valid

b. Such person causes damage during performance of work assigned by the legal
entity

c. Such person causes damage to the legal entity's customers

QN=1 Under Vietnamese 2005 Civil Code, civil transactions due to performance by minors
or persons having lost their civil act capacity or having had their civil act capacity
restricted will be treated as ( )

a. Voidable contract

b. Void contract

c. Valid contract

d. Valid agreement

QN=2 Under Vietnamese law, which of the following sentences is right?

a. Principal contract is a contract which its effect does not depend on the auxiliary
contract

b. Principal contract is a contract which its effect depends on the auxiliary contract

c. Principal contract is a contract which its effect depends on the bilateral contract

d. Principal contract is a contract which its effect depends on the unilateral contract.

QN=1 Under Vietnamese 2005 Civil Code, offering to enter into a contract means the
expression of the intention to enter into the contract and to be bound on this offer of
the offering party to the other specified party.

a. True
QN=2 Under Vietnamese 2005 Civil Code, shall an offer to enter into a contract terminate if
the offeree replies not to accept the offer?

a. Yes

b. No

QN=1 In Viet Nam, contracts made by persons who are between full six years old and under
full eighteen years old must ( ).

a. Have the consents of their representatives at law when establishing and performing
civil transactions, except those transactions to meet their daily-life needs suitable to
their age group or otherwise provided for by law

b. Have the consents of their representatives at law when establishing and performing
civil transactions in all cases

c. Have the consents of their friends

d. All of the choices: “Have the consents of their representatives at law when
establishing and performing civil transactions, except those transactions to meet their
daily-life needs suitable to their age group or otherwise provided for by law”; “Have
the consents of their representatives at law when establishing and performing civil
transactions in all cases”; and “Have the consents of their friends”.

QN=2 According to Vietnamese law, a person was drunk at the time of having contracted, (
).

a. He may ask the court to invalidate the contract at any time

b. He may ask the court to invalidate the contract on the ground that he was too drunk
to understand and control his conduct within time-limits of litigation.

c. He may not do anything to avoid the contract

d. He never invalidates the contract

QN=3 In Viet Nam, contracts made by persons who are between full six years old and under
full eighteen years old must have the consents of their representatives at law when
establishing and performing civil transactions in all cases.

a. False
QN=4 In Viet Nam, contracts made by persons who are between full six years old and under
full eighteen years old must not have the consents of their friends.

a. True

QN=1 Pursuant to the Vietnamese law of contract, the obligor is entitled to refuse to
perform the obligations assigned from the obligee to the assignee in case ( )
unless otherwise agreed by the parties.

a. He is not prior notified of the assignment in writing

b. The assignment is not approved by him in advance

c. The assignment is notified him but he does not approve

d. The assignment does not benefit the obligor

QN=2 Under Vietnamese law, when one transfer duties to others, it is vital to ask for
permission of non-delegating party to a contract, otherwise it will be held invalid.

a. True

b. False

QN=3 In Vietnam, the contract for the third party’s interest cannot be revoked except in
the case that ( ).

a. The third party agreed so.

b. If the third party is donee beneficiary

c. Two parties to a contract agreed to do so

QN=1 According to Vietnamese law, the contract for sale of goods shall be terminated in
case ( ).

a. The Seller performs the late delivery of goods

b. The Buyer breaches his payment obligation

c. The goods are destructed on the way to the Buyer's store

d. It is unilaterally rescinded by the Seller/Buyer in the event agreed in the contract
QN=2 According to Vietnamese law, one party to a contract may unilaterally terminate
the contract unilaterally when ( ).

a. Prohibited by Law

b. Banned by Law

c. Provided under contract that either of party is entitled to do so

d. Agreed by court

QN=3 In Vietnam, if the contract is not impossible to perform on the ground that subject
matter of the contract no longer exists, the parties to a contract may ( ).

a. Agree to make the contract invalid

b. Treat the contact voidable

c. Agree to substitute the subject matter of the contract with another subject matter or
to compensate for any damage

d. Unilaterally terminate the contract

QN=1 In Viet Nam, motorbike is a personal property.

a. True

b. False

QN=2 According to Vietnamese 2005 Civil Code, right to possession is one of three basic
rights of ownership right.

a. True

QN=1 According to Vietnamese Commercial Law 2005, the subject of sale contracts
are things attached to Land.
a. True
QN=2 In Vietnam, if both parties under Contract are not businessman and having
contracted for life- needs. If, dispute happens, court will employ ( ) to resolve
the case.

a. The Commercial Law 2005

b. The Civil Code 2005

c. The Enterprise Law 2005

d. The Civil Law 2005

QN=1 Under Vietnamese 2005 Commercial Law, international purchases and sales of goods
must be implemented on the basis of a written contract or in other forms with
equivalent legal validity.

a. True

b. False

QN=2 According to Vietnamese 2005 Commercial Law, international purchase and sale of
goods cannot be implemented in the form of export.

a. False

QN=1 Under Vietnamese 2005 Commercial Law, if the purchase and sale contract
contains a clause on transportation of the goods and the seller is not obliged to
deliver the goods at a certain location, then ( ).

a. The risk of loss or damage to the goods shall pass to the purchaser when the goods
have been handed over to the initial carrier
b. The risk of loss or damage to the goods shall pass to the purchaser before the goods
have been handed over to the initial carrier
c. The risk of loss or damage to the goods shall pass to the purchaser at any time

d. None of The risk of loss or damage to the goods shall pass to the purchaser when the
goods have been handed over to the initial carrier; The risk of loss or damage to the
goods shall pass to the purchaser before the goods have been handed over to the
initial carrier; and The risk of loss or damage to the goods shall pass to the purchaser
at any time
e.
QN=2 Under Vietnamese 2005 Commercial Law, unless otherwise agreed, where the
subject of the contract is goods currently in transit then the risk of loss or damage to
the goods shall pass to the purchaser as from the time of entering into the contract.

a. True

b. False

QN=3 According to Vietnamese 2005 Commercial Law, unless otherwise agreed, the risk of
loss or damage to goods shall not pass to the purchaser if the goods are not clearly
identifiable by codes or signs on them or by transportation vouchers, if the goods
have not been notified to the purchaser or if the goods are not able to be verified by
any other means.

a. True

QN=1 According to the 2005 Civil Code of Vietnam, the seller shall be liable to
compensate the consumption buyer for the damage caused by the article sold to
the buyer if ( ).

a. The damage occurs at any time within the period of warranty

b. There is a technical defect in the article

c. The damage results from the technical defect in the article during the period of
warranty

d. The damage results from the defect in the article

QN=2 According to the 2005 Civil Code of Vietnam, in case the article caused
damage to the consumption buyer as a result of technical defect of such article,
he/she may ( ) during a period of warranty.

a. Demand the seller to perform the obligation of warranty, but must waiver the
right to require the seller to compensate for damage

b. Demand the seller to compensate for damage, but must waiver the right to
demand the seller to perform the obligation of warranty

c. Demand the seller to perform the obligation of warranty and compensate for
damage
QN=1 In Vietnam, all business organizations shall be established and operate under
the 2005 Enterprises Law of Vietnam.

a. True

b. False

QN=2 Nam and XYZ shareholding company want to set up a partnership. May they set
up a partnership owned by only Nam and XYZ shareholding company in
accordance with the law of Vietnam?

a. Yes

b. No

QN=1 Under Vietnamese law, XYZ Corporation has a line of business registered in
the business registration certificate as "providing investment consultancy
except for auditing, accounting and legal services." However, the charter
approved by the general meeting of shareholders presents that the corporation
may provide the accounting service. May XYZ Corporation provide the
accounting service to its client?

a. Yes

b. No

QN=2 According to the law of Vietnam, the corporation shall assume the rights and
obligations arising from a contract signed by its founding shareholders prior to
its business registration.

b. False

QN=1 According to the law of Vietnam, ( ) shall be entitled to vote.

a. A shareholder who owns dividend preference shares

b. A shareholder who owns redeemable preference shares

c. A shareholder who owns ordinary shares and/or a shareholder who owns
voting preference shares
d. No shareholder

QN=2 According to the law of Vietnam, ( ) has a power to decide distribution of

dividend to the shareholders.

a. The board of management

b. The inspection committee

c. The general meeting of shareholders

d. The legal representative

QN=1 According to the law of Vietnam, the charter of the corporation shall be
enacted by ( ).

a. The board of management

b. The general meeting of shareholders

c. The inspection committee

d. The managing director

QN=2 According to the law of Vietnam, all corporations must have inspection
committees.

a. True

b. False

QN=1 Under Vietnamese Law, co-ownership of husband and wife, is one kind of ( ).

a. Integrative multiple ownership

b. Mixed multiple ownership

c. Multiple ownership by shares

d. Common multiple ownership

QN=2 Under Vietnamese Law, Personal property even attached to the land securely still
can not be considered as real property on the ground that it is not immovable

a. True

b. False