Professional Documents
Culture Documents
Ôn Thi Av5
Ôn Thi Av5
UNIT 3: COURT
1. 4 kinds of courts in Vietnam:
- People’s Supreme Court (just only one): TAND tối cao
- People’s High Court (There are 3 People’s High Court in
Vienam. They are in Hanoi, Danang, TPHCM): TAND cấp cao
- People’s Provincial Court: TAND cấp tỉnh
- People’s District Court: TAND cấp huyện
2. District court = Local Court: Tòa án quận
3. Court of appeals = Appellate Court: Tòa phúc thẩm
4. State court: Tòa án cấp tiểu bang
5. The Supreme Court = High Court: Tòa án tối cao
6. Jurisdiction (n): Thẩm quyền – Authority of court to make
judgement
7. Claim (n): Khiếu nại – Right to ask sth
8. Review (v): Xem xét, đánh giá lại – Reconsider to make a decision
9. Object (to) = Protest: Phản đối
10. Dispute (n): Tranh luận – Argument or disagreement
11. Discretionary (adj): Thuộc thẩm quyền quyết định của TA – Not
fixed by rules
→ Discretionary review: Tùy ý quyết định quyền chuyên quyết
12. Protocol (n): Nghi thức – Proper rules and traditions for attending
court
13. Be sworn in: (đang) Tuyên thệ - Be made to promise to tell the
truth
14. Be under oath: (đã) Tuyên thệ - Promised legally to tell the truth
15. Perjury (n): Khai man – Crime of telling lie in court
16. Interrupt (v): Ngắt lời – Stop sb from sth
17. Address (v): Xưng hô – Speak to sb
18. “Your Honor”: Quý Tòa – The way to address to a judges
19. Approach the bench: Tiếp gần bục xét xử/ tiến gần thẩm phán –
Come close to judge
20. “the well”: Khu vực ở giữa bục xét xử và chỗ ngồi của luật sư –
The area in front of the bench
21. Off the record: Nội bộ, không ghi biên bản - Not be publicly
reported
22. Take the bench: Đóng vai trò là Thẩm phán
1. Punish: Trừng phạt - cause somebody to suffer for his bad behavior.
2. Commit a crime: Phạm tội - do something against law
3. Trespass: xâm phạm gia cư bất hợp pháp - enter somebody's land or house without
permission.
4. Fine: Phạt tiền - amount of money paid for not obeying law
5. Probation: Quản chế - a situation that person must behave well
6. Offend: Phạm tội - commit a crime
7. Jail: Nhà tù - prison
8. Assualt and battery: Hành hung và đe dọa - threat and violence
9. Capital punishment: Hình phạt tử hình - punishment by death
10. Murder: Giết người - killing a person
11. Try: Xét xử- examine a person in court
12. Juvenile: vị thành niên - not old enough
13. Liable: Chịu trách nhiệm - responsible
14. Waive to court: Chuyển tòa - transfer to court
15. Detain: Tạm giữ - force somebody to stay in a place
16. Correctional facility = correctional center: Trung tâm giáo dưỡng - a place for
detaining mirror
17. Lecture_off_the record: lecture done by judge for mirror without recordings
18. Community service: Lao động công ích - a kind of punishment such as help people
19. Victim: Nạn nhân - somebody in hurt killed by the orther ones
20. Counselling: Cố vấn - process of listening to somebody to get advice for a problem
21. Expunge: Xóa án tích - remove information
22. Warrant (n) : lệnh bắt, khám xét - an official document signed by a person in
authority giving the police permission to search somebody's house , arrest someone .
➜an arrest warrant : lệnh bắt
➜a search warrant: Lệnh khám xét
23. bail (n) : tiền bảo lãnh - an amount of money that a person accused pays to court so
that he / she can be released until the trial
24. arraignment (n) : phiên luận tội - a process in court to say the accused is guilty or
not
25. plea bargain (n): phiên điều đình - an agreement to allow the accused to admit to
being guilty of a less serious crime
26. motion (n): sự đề nghị/yêu cầu - an application submitted to court / judge to
request an order about something
➜motion for discovery
➜motion for pleading
➜motion for dismiss
PART 2:
Đọc đoạn văn và chọn câu trả lời đúng
- Học phần đoạn văn ngày 5/8 và 27/7
PART 3:
I. Hoàn thành các ô trống bằng các từ của riêng bạn
- Học phần điền từ vào chỗ trống ngày 5/8 và 2/8
II. Viết một từ thích hợp từ định nghĩa đã cho
1. Not guilty of a crime (adj)
- innocent
2. Any act which is not legal ( n )
- offence
3. A person who has studied law and can act for people on legal business ( n )
- Attorney
4. A disagreement or argument between parties ( n )
- Dispute
5. An official who presides over a court ( n )
- Judge
6. Someone who is accused of a crime in a criminal case ( n )
- Defendant
7. To hold someone legally so as to charge them with a crime ( y )
- Arrest
8. Failure to carry out the terms of an agreement ( n )
- Breach
9. To ask a high law court to change its decision or sentence ( v )
- Appeal
10. To say that someone has committed a crime ( v )
- Accuse
11. The arguments used when fighting a case (n)
- Defence
12. A legal agreement between two or more parties (n)
- Contract
13.A group of 12 citizens who decide whether or not someone is guilty in a trial (n)
- Jury
14.A written or spoken statement of facts which helps to prove or disprove something
at a trial ( n )
- Evidence
15. To order someone to pay money as a punishment ( n )
- Fine
III. Xây dựng câu
1. Perhaps / here / I / could / compromise / suggest / a/ .
- Perhaps I could suggest a compromise here .
2 . I am / happy / the clauses 1.2 / suggested / to / and amendments / with / .
- I am happy with the suggested amendment to clause 1.2 and 4.5.
3. Please / if / know / let / might / possible / me / this / be / .
- Please let me know if this might be possible.
4. Thank you / sending / amendments / me / yesterday / contract / the / for/ .
- Thank you for sending me the contract amendments yesterday.
5. This / a minimum / guarantee / of / 25 days / would / me / .
- This would guarantee me a minimum of 25 days .
6. I am / entitlement / concerned / clause / about / a little / the leave / .
- I am a little concerned about the leave entitlement clause.
7. A judge / to / federal prison / the former CEO / in / for / 87 months / his role /
fraudulent loans / sentenced / in arranging / .
- A judge sentenced the former CEO to 87 months in federal prison for his role in
arranging fraudulent loans.
8. The parole board / put / on parole / after / in prison / four years / the prisoner / of /
good conduct / .
- The parole board put the prisoner on parole after four years of good conduct in
prison.
9. You / to / build up / others / relationships / need / with / good / suppliers , customers
/ and / your / .
- You need to build up good relationships with your suppliers, customers and others.
10. You / the environment / consider / should / how / affect / your / operations / the
community and / .
- You should consider how your operations affect the community and the environment.
11. The / put / prisoner / was / parole / prison / after / on / four / of / good / years /
conduct / in / .
- The prisoner was put on parole after four years of good conduct in prison .
12. The prosecuted / was / evasion / founder / for / tax / company / .
- The company founder was prosecuted for tax evasion.
13. The / sentenced to / his / fraudulent / former CEO / was / 5 years / in / loans /
prison / for / role / in / .
- The former CEO was sentenced to 5 years in prison for his role in fraudulent loans .
14. She / at / a / small / work / law / will / tax / firms / summer / for / the / .
- She will work at a small tax law firms for the summer.
15 . Compensation / is / all / reasonable / also / the agents / expenses / payable for /
by / incurred / .
- Compensation is also payable for all reasonable expenses incurred by the agents.
16. A / clinic / gives / students / law / an opportunity / to deal / real / and / / legal
skills / to / clients / with / develop / their / .
- A law clinic gives students an opportunity to deal with real clients and to develop
their legal skills.
17. After university / , / my / work / experience / as a / solicitor / me / gave /
commercial litigation / trainee / useful / in / .
- After university , my work as a trainee solicitor gave me useful experience in
commercial litigation .
18. If / offer / will / sue / settlement / we / an out - of - court / , / not / they / us / .
- If we offer an out-of-court settlement , they will not sue us.
19. They / sue / breach / will / intentionally / you / if / you / the / contract / .
- They will sue you if you breach the contract intentionally .
20. Should / who / the same / people / who / way / commit / commit / be / punished / in
/ as / people / business crimes / other crimes / ?
- Should people who commit business crimes be punished in the same way as people
who commit orther crimes?
IV. Trả lời câu hỏi
1. How many main branches of law are there in Vietnam legal system? What are they?
=> In Vietnam legal system, there are 12 main branches of law:
- Constitutional Law
- Civil Law
- Financial Law
- Land Law
- Administrative Law
- Labor Law
- Marriage and Family Law
- Criminal Law
- Criminal Procedure Law
- Civil Procedure Law
- Economic Law
- International Law
2. What are some different jobs in the legal profession ?
=> Jobs in the legal profession is judge, court clerk, notary.
3. What are some different kinds of courts in our country ?
=> 4 kinds of courts in Vietnam:
- People’s Supreme Court
- People’s High Court
- People’s Provincial Court
- People’s District Court
4. Who must be in a courtroom during a trial ?
=> A courtroom during a trial is judge, jury, court clerk, plaintiff, defendant, lawyer,
victim, witness.
5. Which documents are categorized as primary material ?
=> Documents are categorized as primary material are: Law, Code, Resolution,
Decision, Circular, Decree, Directive.
6. Which documents are categorized as secondary material ?
- Documents are categorized as secondary material are: Legal encyclopedia, Digest,
Form book, Case annotation, Journal, Computerized database.
7. What are some crimes that people get arrested for ?
=> Crimes that people get arrested for: assault and battery, trespass, murder, …
8. What type of information does a contract usually contain ?
=> A contract usually contains: Information of contractual parties, Object of contract,
Obligation and rights of contractual parties, Payment, Delivery, Breach of law,
Dispute resolution, Governing law, Force majeure.
9. Give an example of tort causing harm to a person: then point out which is proximate
cause and which is actual cause leading to the harm ?
=> Mr. Duc was running on the road when suddenly the front wheel of the car
exploded, he lost control and crashed into the roadside light pole, unfortunately Mrs.
Lan was standing there, causing the street light pole to fall, causing her to break hand.
- proximate cause: suddenly the front wheel of the car exploded he lost control.
- actual cause: he lost control and crashed into the roadside light pole and make Mrs
Lan break her arm.
=> My friend – Marry was injured last weekend while walking at the shopping center.
The actual cause of the fall and the harm to Marry was the broken heel on her shoe.
The proximate cause was the unmarked, uneven ground inside the shopping center.