Professional Documents
Culture Documents
6. The doctrine of precedent( binding) means that earlier decisions of higher courts are
binding upon lower courts ( in the same court hierarchy) where there are cases with
similar/identical facts
7. The standard of proof required in a criminal matter is Beyond reasonnable doubt
8. In Vietnam, a Minister has right to issue: ciculars
9. A minimum number of members provided for by the Civil code 2005 is 2 members
10. The standard of proof required in a civil matter is: On the balance of prosibilities
11. Which of the following is not a characteristic of a law?
a) A positive command imposing a duty to obey and involving sanction which forces
obedience.
b) Rule of conduct
c) Promulgated by legitimate authority
d) For the observance of a limited sector of the society
2. Is it true that the civil code 2005 is substantive law? Why? Yes. Luật dân sự luôn luôn là
luật hìnhthức
1. Unless otherwise agreed, and where the contrct only provides for a time limit for deliver
of goods and does not tetermine a specific time for delivery of goods, and the seller
delivers goods before the expiration of such time but in insufficient quantity or goods not
appropriate to the contract, the seller may still deliver the deficit quantity of goods or
provide substitute goods which are appporpriate to the contract or remedy the
inappropriateness of the goods within the remaining duration
Assumption: Unless otherwise agreed, and where the contract only provides for a time
limit for deliver of goods and does not determine a specific time for delivery of goods,
and the seller delivers goods before the expiration of such time but in insufficient
quantity or goods not appropriate to the contract, the sellerRegulation: may still deliver
the deficit quantity of goods or provide substitute goods which are appropriate to the
contract
Sanction: remedy the inappropriateness of the goods within the remaining duration
2. A karaoke refuses to stop receiving gusets after 11 pm because A claims thahta a has the
freedom to do business as stipulated in the civil Code 2005. Is what A claims correct?
3. In remote areas, people used to name their children udly in order that their children shall
be ignored by bad evils. When their children have grown up, ugly names have shown
negative effects on their life.Is it able for them to change their name legally?
4. Imagine s 22 of the TAPE Education Act 2002 in your jurisdiction makes it an offence “
to bring any concealed notes, sketches, books or aids relevant to the examination into an
examination room”. What are your opinion for the following situations:a. Mr. a is caught
in an exam room receiving instructions over a mini radio hidden in his shirtb. Ms. B
writes down some not during an exam, She finishes early and leaves the notes on her
desk. Loy, another exam candidate, is caught reading them
Where a seller delivers property in a quantity which is more than that agreed ( assumptions), the
purchaser has the right to accept or not to accept the excess”( regulations)
“A purchaser must pay the full price at the agreed place and time
1.“where a seller delivers property in a quantity which is more than agreed, the purchaser has the
right to accept or not to accept the excess” -> substantive law
2.“a purchaser must pay the full price at the agreed place and time” -> substantive law
3.“the time-limit within which a request may be made to a court to declare a civil transaction
invalid…shall be two years…”-> procedural law
Public law (một phần của luật pháp mà cai quản quan hệ giữa cá nhân và chính phủ, và những
quan hệ giữa các cá nhân mà có liên quan trực tiếp đến xã hội.)+ Constitutional Law+
Administrative law+ Criminal law-
Private law (luật tư là luật liên quan đến giữa các cá nhân)+ commercial law (luật thương mại)+
family law (luật hôn nhân và gia đình)+ property law+ law of succession+ labour law( Special
area of private law
1. Penny sues Desmon for breach of contract asking for and obtaining damages of £10,000
-> remedies: Desmon have to pay Penny £10,000 if the verdict approves Penny’s demand for
compensation
2. Agatha is being prosecuted for an offense. She thinks that she cannot be sentenced to more
than six months imprisonment or fined more than £5,000
3. Forced marriage: Aisha’s mom called relatives in Pakistan to plan a family holiday while
Aisha’s aunt in Pakistan has other plans: hold a wedding for Aisha when she didn’t want to.
Aisha’s parents comply with their relatives. Aisha went back to the UK, called a helpline, they
helped her run away for safety
-> plaintiff: Aisha, defendant: Aisha’s parents (who agreed to her forced marriage) & relatives
(who planned her forced marriage)2014: forced marriage became a criminal offense in England
& Wales-
4.A moving house company in Queensland in Australia moved house for B and damaged B’s
furniture valued at AUD 1000B sued the company for the damage but the company based on
Queensland law which stated that “the maximum liability for moving house companies is AUD
200
-> plaintiff: B
-> remedies: that company have to pay B AUD 200 according to the Queensland law
1) An armed team broke into the bank:-> criminal law-> national law, substantive law, public law
2) A works for a confectionery (sweets or chocolate) company and the company failed to pay him
salary for 2 months-> civil law-> national law, substantive law, private law
3) A has his house for foreigner rent-> civil law-> national law, substantive law, private law
4) A killed B for money-> criminal law-> national law, substantive law, public law
5) While driving the car beyond speed limits, A crashed into B and made him injured-> criminal
law-> national law, substantive law, public
6) A married couple wanted to divorce-> civil law-> national law, substantive law, private law
7) A seller failed to deliver goods on time to his buyer -> civil law-> national law, substantive
law, private law
8) A customer got poisoned after having lunch in a restaurant-> criminal law-> national law,
substantive law, public law
9) Disagreeing with each other on how to share the house left by a father, the two brothers fought
each other until death-> criminal law-> national law, substantive law, public law
10) Being much impressed by huge profits, A involved in trafficking heroin-> criminal law->
national law, substantive law, public law
11) A involved in trafficking newly born babies abroad-> criminal law-> national law,
substantive law, public law
12) A company makes its drinking products having labels easy to confused with Lavie -> civil
law-> national law, substantive law, private law
Constitution of Vietnam 2013 – The National Assembly