N 1. Does everyone who benefits by the performance of a contract between
others have rights under the contract? N 2. May all rights under a contract be assigned? Y 3. May the parties to a contract include a prohibition of the assignment of rights thereunder? Y 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? N 5. Does a delegation relieve the delegating party of all liability under the contract? N 6. When a joint contract is not carried out may the aggrieved party sue just one of the obligors? True/ False T 1. A right to personal services cannot be assigned. T 2. A novation can be implied from the parties' actions T 3. The nonassigning party retains all rights and defenses as though there had never been an assignment F 4. An assignor makes no warranties as a result of an assignment F 5. An assignment must be in writing. • 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 • 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 • 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. • 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. • 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. • 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. • Which of the following is real property? • A) Car • B) Air conditioning in a cool warehouse • C) Air conditioner • D) Stock • 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. • ANSWER: B • 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. • ______ is the failure to exercise reasonable care. • A) Constitution • B) Equity • C) Negligence • D) Precedent • ______ is a decided case that determines the decision of a subsequent case because they are similar. • A) Constitution • B) Equity • C) Negligence • D) Precedent • 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) Negligence • D) Precedent • 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. • 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. • _____ is the defendant's responses to the facts alleged in a complaint. • A) Admission • B) Answer • C) Jurisdiction • D) Summons • A person whose action causes a private wrong or injury to another is called a(n)____. • A) communication • B) larceny • C) tortfeasor • D) fraud • Causing 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 • 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 • 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 • The current Constitution of Vietnam is issued in: • A) 1980 • B) 1992 • C) 2001 • D) 2013 • Ownership rights comprise: • A) the rights of an owner to possess, use and dispose of the property of the owner • B) the right of disposal, use the property • C) the right to sell, exchange, give to property • D) All of above