GTOSAL: MULTIPLE CHOICE

what is the definition of Delict:

1. illegal conduct, faulty 2 LLC 3 threaten social relations protected by law

human being’s conduct: eg: “forgetting to put on a handbrake on an incline resulting in a collision” is positive or omission?

omission

3 behaviors/ conducts that are against laws ( illegal acts) are:

A. law prohibit. B. not do what law requires/mandatory. C. beyond/ over-use rights’ limit.

3 contents of violating legal penal/criminal are:

a. regulated in penal code. b. LLC. c. Violate: state, sovereignty, right, law.

4 contents of violating legal disciplinary state are:

A. illegal. B. fault. C. LLC. D. subject: belongs to state management's scope.

What are the 4 parts of components/ structures of delict?

a. objective b. subjective c. subjects d. objects

“objective” is outward manifestations or inner expression?

outward manifestations

“countable and quantitative” is material or spiritual?

material

3 primary components of “subjective” are:

a. fault b. motivation c. target

“subjective” fault is compulsory or unnecessary part?

compulsory

“subjective”: aware of dangerous action, foresee adverse effect, wish to occur belongs to which type of fault? Is it belong to which type of fault?

direct intentional

situation: “The case of 4 Vietnamese flight attendants trading banned goods without paying tax” Is it belong to which type of fault?

direct intentional

situation: “4 Vietnamese flight attendants transporting prohibited goods” Is it belong to which type of fault?

indirect intentional

“subjective”: aware ,foresee harmful consequence, think consequence not occur, can be warded off/intervene. Is it belong to which type of fault?

unintentional over-confidence

Situation: “Driving at high speed causes an accident.” Is it belong to which type of fault?

unintentional negligence

What is the concept of “legal liability ”?

Legal liability is a special legal relation between the State and the subject of delict (violator)

“LL” What is the legal basis of liability?

Legal application document issued by a competent State agency

“LL” 15 years

very

Situation: “ \>100 million: robbery, murder, tax evasion” Under what kind of liability?

criminal sanctions

Situation: “ has been prosecuted for administrative violations.” Under what kind of liability?

criminal sanctions

4 characteristics of legal relations:

1. based on legal norms 2. will 3. governed 4. rights

What is the subject of a legal relatioship?

meet the requirements each form of legal relation participate

Situation: “1 person wishes to get married with the same sex, but the current marriage and family law stipulates that the state does not recognize marriage between people of the same sex, so they cannot get married according to their wishes .” Capacity to legal action or Capacity to rights and duties?

Capacity to legal action

reaching certain ages and behaviors; the individual's ability by his or her conduct to exercise rights and obligations; arising from a legal relationship. Capacity to legal action or Capacity to rights and duties?

Capacity to rights and duties

Situation: “The age of marriage for men is 20 years for women, 18 years for criminal responsibility, when they are full 16 years old.” Capacity to legal action or Capacity to rights and duties?

Capacity to rights and duties

The following statement is true or false: “Foreigners can buy commercial and residential houses.” (người nước ngoài có thể mua nhà thương mại, trung cư.)

true

The four conditions for an organization t as a legal entity are:

established by law organizational structure independent asset liable people participate independently

Where are legal capacity and behavioral capacity regulated?

normative legal documents

Three types of subjects in legal relations are:

natural persons juridicial persons state

3 characteristics in components of legal relations are: (3 đặc điểm trong cơ cấu quan hệ pháp luật là:)

a. The subject’s ability to conduct allowed by law b. urge relevant subjects execute or stop subject’s rights c. urge competent agencies safeguard rights and interests.

Situation: “use the freedom to get married to register a marriage when meeting the prescribed marriage conditions” This example belongs to which feature of the content of legal relations?

The subject’s ability to conduct in a manner allowed by law

Situation: “ request the Court to reject information that adversely affects his honor, dignity and reputation.” This example belongs to which feature of the content of legal relations?

urge competent agencies safeguard rights and interests

Situation: “when exercising their legal rights, subjects can only do so within the limits permitted by the law, without causing damage to the interests of the nation, the nation, the community, rights and interests.” Absolute rights or Relative rights?

Absolute rights

concrete person has the right, concrete person has the duty. Absolute rights or Relative rights?

Relative rights

What is the concept of legal obligation?

condition of a person whom the law commands or forbids to do an act to satisfy the exercise of other subjects’ rights.

What is the object of legal relations?

benefit that the parties wish to have

What is the concept of legal facts?

originate irrespective of human‘s will and can influence legal relations (birth, death, age achievement, terms in law)

Subjective legal facts and Objective legal facts: belong to which type of legal facts?

Based on the wills of the subjects

can be influenced by human will Subjective legal facts or Objective legal facts?

Subjective legal facts

Situation: “natural disasters, drought, natural death of man” Subjective legal facts or Objective legal facts?

Objective legal facts

Characteristics of legal norms include:

1. General rule 2. promulgate 3. implement 4. determine rights

without the hypothesis rate is

meaningless

without the disposition is

unthinkable

Concept of hypothesis:

prescribe the condition Categories of persons covered by the disposition, determine what scope law impact.

Which subject? Under what circumstances?

hypothesis

concept of disposition/regulation?

the rule of law element that defines the pattern of behavior

3 components of legal norms are:

hypothesis regulation/ disposition sanction

regulation

command of the state hypothesis or regulation or sanction?

Categorises regulations:

Prohibited acts right to perform Compulsory acts

Case study: Spouses have the right to choose whether to apply the statutory property regime or the agreed upon property regime. Prohibited acts or Acts with the right to perform or Compulsory acts?

Acts with the right to perform

the effect of the penal code on criminal acts committed in the territory of the Socialist Republic of Vietnam. definitive or in-definitive/Permissive deposition?

definitive

Forms of civil contract 1. A civil contract can be made orally, in writing or by specific acts, unless a specific form for such type of contract is provided for by law definitive or in-definitive/Permissive deposition?

in-definitive/Permissive deposition

regulation

what not to do, what can be done, or what to do, how to do it? hypothesis or regulation or sanction?

regulation

is precious like a compass hypothesis or regulation or sanction?

who will bear the consequences if the subject mentioned in the presumption but does not act according to the instructions in the regulation? hypothesis or regulation or sanction?

sanction

sources of law are divided into 2 major types:

nguồn nội dung (the party’s policy, economics policies and legal philosophy)→ natural lawnguồn hỗn hợp (general legal principles, the written legal documents, international treaties, customary regulations, and judicial decisions→ sources of law

the law created by a legislator; by an act of will of a human authority.

Positive law

Should the death penalty be abolished? justifiable punishment for acts that infringe on the rights of others.

legally

Should the death penalty be abolished? to bring justice to victims and their families and more importantly to prevent crime

ethically

Should the death penalty be abolished? contributing to reducing crime, especially serious crimes, achieving the purpose of deterrence and education for society, achieving high efficiency in general prevention.

effectively

3 features of law:

popularity strict in forms Guaranteed by the state

On the one hand, law protects the state, on the other hand protects society (public interest). social or class?

social

Vd: for state property, the sanctions are relatively heavy. đối với tài sản nhà nước thì chế tài tương đối nặng. social or class?

social

3 relationships of law with others:

economy state social norms

the concept of sources of law:

all basic elements used by authorized entities for developing, promulgating, and interpreting laws as well as for application in dealing with specific case in practices

primary sources of law include:

Legal documents Customary regulations Judicial precedents

(judgment) are arguments and rulings written on effective judgments or decisions to study and adopt them when deciding later cases. Legal documents or Customary regulations or Judicial precedents or International treaties/Conventions?

Judicial precedents

It is different from the common law in other countries in that only the precedents selected by the \_________ are the source of the laws in Vietnam.

CJSPC (Chief Justice of the Supreme People’s Court)

In general, Vietnam often interprets international treaties as domestic laws as a way of implementing international treaties in Vietnam Legal documents or Customary regulations or Judicial precedents or International treaties?

International treaties

E.g. the law on the anti-corruption of Vietnam in 2009 interprets the regulations of UNCAC. Legal documents or Customary regulations or Judicial precedents or International treaties?

International treaties

Eg: Vietnam Airlines, People's Army, Militia and Self-Defense Forces are not state agencies because they are not

social management

Eg: Socio-political organizations: Vietnam Trade Union, Vietnam Farmers' Union, Youth Union, Women's Union, Veterans Association are not state agencies because they are not state agencies.

on behalf of the state

Eg: Schools, hospitals: not a state agency because no

state power

Is the President of the State a state agency?

yes, he is

State authority

elected by the National Assembly and the people (do Quốc hội và nhân dân bầu ra) State authority or Judicial body or Prosecutor's Office?

State authority

Government, People's Committee State authority or Judicial body or Prosecutor's Office?

Prosecutor's Office

Inspection and supervision of court activities (Kiểm tra và giám sát hoạt động tòa án.) State authority or Judicial body or Prosecutor's Office

state management

Ensuring people's powerEnsure that the people carry out supervision of state activitiesParticipate in discussions on state issues state management or democratic centralism or Legal principles ?

National assembly

Meeting : twice a year; During the non-meeting period, the National Assembly Standing Committee shall be approved.

informal meeting

requested by the President, Prime Minister or 1/3 of the National Assembly deputies. public meeting or informal meeting?

2/3

shorten or extend the term of office, draft a new constitution or amend the constitution, remove a member of the National Assembly

Legislative

Socio-economic development, financial and monetary policies, war and peace, national defense and security, and external relations

state president

Proposes the National Assembly to elect, release from duty or to remove from office

government

is responsible to the National Assembly and shall report on its work to the National Assembly

government session

once per month at the request of the prime minister, the head of state or \>1/3 members of the government. government session or extended government session or outside the meeting?

extended government session

at the request of the president government session or extended government session or outside the meeting?

outside the meeting

the Prime Minister collects the opinions of the members through the document. government session or extended government session or outside the meeting?

How many ministries?

18

How many heads of ministerial-level agencies?

4

How many government agencies?

8

The Prime Minister

is elected and released by the NA.

Overall management of the work in all fields to fulfill duties of State The making of law or The administration of law or The enforcement of law?

The administration of law

Judicial authority

adjudicates criminal, civil, marriage and family cases

supreme people’s court

The highest judicial body

Legislative

To review work reports of the President To abandon documents of the President

4 conditions to make wills valid

capacityvoluntarycontentform

the statute of limitations for an oral will to take effect

3 months

The statute of limitations for filing a lawsuit for division of estate for real estate is

30 years

The statute of limitations for initiating an inheritance lawsuit is 10 years in the following cases:

division of estate.request confirmation or rejection other inheritance

the statute of limitations for initiating a lawsuit to request the heir to perform the obligations on the property left by the deceased is

3 years