Thẻ ghi nhớ: Law102 Su 2024 by Chu Be Dan | Quizlet

The common law and equity law system in the United States was emerged from
A. France
B. Russia
C. England
D. Germany

C. England

If the contracting parties intended to benefit a third person, that person is called ( ).
A. Beneficial party
B. Beneficiary
C. Benefit creditor
D. Donee party

B. Beneficiary

(15588) 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.

B. Void contract is always invalid, while voidable contract is invalid only by disaffirmance of one party

Who sets goals for income and profitability of the company?
A. Board of directors
B. Public officers
C. Government
D. Internal control department

A. Board of directors

(28487) 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*

A. Federal courts of appeals

(29249) The warranty against encumbrances
A. Arises in the case of all sales
B. Applies to goods at the time the sale is made.
C. Does not arise if the buyer has constructive notice of the encumbrance.
D. Is made by all sellers.

B. Applies to goods at the time the sale is made.

(29283) 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. Has appellate jurisdiction in cases based on the U.S. Constitution, a federal law, or a treaty.

In corporations with 500,000 stockholders, control of ( ) of the stock often suffices to control the election o
A. 10 percent
B. 25 percent
C. 50 percent
D. 75 percent

A. 10 percent

If one employs the B.P band to play for a dance, the contract cannot be ( ), even to a nationally known band
A. Assigned
B. Delegated
C. Passed
D. Terminated

A. Assigned

(28470) Law is a rule of conduct that enacted and enforced by the Sovereign State.
A. True
B. False

A. True

Jerry said: "Experts have estimated that one ought to be able to sell a thousand a month of these goods". Thie? sentence is
A. A warranty
B. A seller's opinion
C. A guarantee
D. All answers are wrong

B. A seller's opinion

The board of directors is responsible for defining and evaluating the ongoing ( ) of a business after its founding
A investment
B. mission
C. procedure
D. opacity

B. mission

A corporation has the right to buy, sell, and hold property necessary in its functioning as a corporation and not foreign to its ( )
A. Registration
B. Purpose
C. Fund
D. Limitation

B. Purpose

(15444) A corporation must be register as a legal entity.
A. True
B. False

A. True

If the stakeholders are members of the community surrounding a business, they usually wish that the company:
A. not harm the physical environment
B. get bigger
C. become an international corporation
D. all answers are wrong

A. not harm the physical environment

(15458) A stock certificate presents the capital stock of a corporation.
A. True
B. False

B. False

In business, many apparent offers are not true offers. Instead, they are treated as ( ) to the public to make offers at certain terms and prices.
A. Offers
B. Invitations
C. Counteroffers
D. All these answers are wrong

B. Invitations

(15471) ( ) is the most important source of law in both Vietnam and America.
A. Constitution
B. Statue Rules
C. Judicial decisions
D. Administrative orders

A. Constitution

(15638)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

A. Joint- stock company

(15597)
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.

A. Capacity to contract is restricted.

(15513) 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

B. Limited liability

(15608) 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

D. Compensatory damages

(15347) Common Law is English custom recognized by ( ) as binding
A. Government
B. National Assembly
C. Courts
D. Prosecution

C. Courts

How corporation can create a positive impact in the communities:
A. providing jobs
B. strengthening economies
C. driving innovation
D. all answers are correct

D. all answers are correct

(29235) 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. Is a civil wrong for which damages may be recovered

(28474)A Precedent means the court's decision for the previous case is applied to determine the decision o 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.

A. It is found similarities between them.

Regulatory stakeholders including stockholders, legislatures, government regulators, and boards of directors are enabling stakeholders because they ( ) the firm to function
A. permit
B. restrict
C. block
D. organize

A. permit

(15618)One cannot acquire personal property by creation.
A. False
B. True

A. False

(15360)The failure to exercise a duty of care is ()
A. Constitution
B. Equity
C. Negligence
D. Precedent

C. Negligence

(15404)One may acquire personal property by creation.
A. True
B. False

A. True

(28491)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

B. The party being sued must have minimum contact with that state applying long- arm statue

(15646)
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.

A. It means that 7% is the maximum to which the preferred stockholders would be entitled no matter how much the corporation earned.

(15373)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.

A. Invitation.

(29237)A person to whom the promise owes no legal duty and for whom performance is a gift is:
A. Assignee
B. Assignor
C. Creditor beneficiary
D. Done beneficiary

D. Done beneficiary

(15477)
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

D. At Fault, Wrongdoing, Injury and Causality between Injury and Wrongdoing

(15525)According to the law of Vietnam, a member of the board of management must be a shareholder
A. True
B. False

B. False

(15478)
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
B. False

A. True

After establishing that a key stakeholder group is being represented, the ( ) should identify what the company needs from the stakeholder
A. Company's first-line employees
B. Company's manager
C. Company's shareholders
D. Company's promoters

B. Company's manager

(15460)
Who manages the corporation?
A. Officers
B. Both of the choices: "Directors" and "Officers"
C. Directors
D. None of the choices "Directors" and "Officers"

B. Both of the choices: "Directors" and "Officers"

(15464) Is voting the most important right of a stockholder?
A. Yes
B. No

A. Yes

Neither party can delegate the duties under a contract because a ( ) element more frequently exists in the performance aspect of a contract
A. "personal"
B. "general"
C. "required"
D. "public"

A. "personal"

(15492) According to Vietnamese law, when all the obligations under contract is carried out fully, the contract will be discharged.
A. True
B. False

A. True

If a non-navigable river flows through property, ( ) owns the riverbed
A. The government
B. The person who owns the property
C. The environmental agency
D. No body owns the riverbed

B. The person who owns the property

A corporation can be organized in any state the ( ) chooses
A. Promoter
B. Sharebuyers
C. Public officers
D. Government

A. Promoter

(15611)The common law only provides ( ) as remedy
A. Restraining order
B. Injunction
C. Damage
D. Specific performance

C. Damage

(15596) 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.

B. To be void without regard to whether they are reasonable or for necessaries.

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. Invitation
C. Counteroffer
D. Joint offer

C. Counteroffer

(15447)There are only three types of business organization.
A. True
B. False

B. False

(15528)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.

A. The Constitution will prevail

The document stating facts about corporation required by law is:
A. Order
B. Power of Attorneys
C. Articles of Incorporation
D. Offer

C. Articles of Incorporation

(15559) 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

C. The damage results from the technical defect in the article during the period of warranty

Can an incidental beneficiary file a lawsuit for breach of contract?
A. No, they can only sue if the contractual parties decide to initiate legal action.
B. Yes, they can file a lawsuit claiming half the value of the contract.
C. Yes, this is the most important right of incidental beneficiary.
D. No, they do not have the right to recover anything under a contract.

D. No, they do not have the right to recover anything under a contract.

(15535) 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 customer

B. Such person causes damage during performance of work assigned by the legal entity

Property is frequently classified according to its
A. Stability
B. Durability
C. Movability
D. Value

C. Movability

Different groups of stakeholders carry different weights with ( ) in companies and assert varying levels of interest and influence
A. decision makers
B. shareholders
C. employees
D. investment

B. shareholders

Stakeholders should be informed that ( ) were taken into consideration and that the company will continue to heed them to manage their expectations
A. their investment
B. their products
C. their concerns
D. their money

C. their concerns

(15443) 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

B. An association created by law into an entity

An offer directed to a specific individual or firm cannot be accepted by anyone else.
A. True
B. False

A. True

(15566) 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

C. The general meeting of shareholders

Which of the following is NOT included in causes of discharge by the impossibility of performance occurring after the contract?
A. Destruction of the subject matter.
B. New laws making the contract illegal.
C. Death or physical incapacity of a person to render personal services.
D. Alteration of written contract.

D. Alteration of written contract.

When a new corporation is about to be formed, written agreements to buy its stock will usually be made in advance of the actual incorporation. Such agreements are called (.).
A. Stock Agreement
B. Subscription Agreement
C. Promoter's Agreement|
D. Capital Agreement

B. Subscription Agreement

(15491)
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

B. Written

All sellers, by the mere act of selling, make ( ) that they have good titles and make rightful transfers
A. a warranty
B. an offer
C. a private assurance
D. a registration

A. a warranty

The characteristic of a corporation that it exists for the period for which the state grants a charter even though stockholders may die is called (......).
A. perpetual succession
B. property rights
C. implied powers
D. unlimited liability

A. perpetual succession

According to the Vietnam Civil Code 2015, a civil conract shall be terminaled in any of the following cases,
EXCEPT:
A. The contract has been completed.
B. The contract is not able to be performed because the subject matter of the contract no longer exists.
C. The parties mutually agree.
D. One of the parties breached the contract.

D. One of the parties breached the contract.

What is "dividends"?
A. Dividends are the profits that have been made available for distribution to the stockholders.
B. Dividends are the declared money value of the corporation's outstanding stock.
C. Dividends are the money authorized by the articles of incorporation.
D. Dividends are the profits that have been made available for paying salary and compensation.

A. Dividends are the profits that have been made available for distribution to the stockholders.

Regarding sole proprietorships, which one of the following statements is NOT true?
A. Sole proprietors are personally liable for the sole proprietorship's debts.
Do The proprietor owns al the assets of the business and is ented to althe profis that the business
C. The proprietor has full control and the freedom to operate the business in any way desired.
D. The sole proprietor's financial risk can be limited to the investment in the business.

D. The sole proprietor's financial risk can be limited to the investment in the business.

If increasing wealth damages the environment or makes people sick, ( ) demands that the corporation revise its methods or leave the community.
A. shareholders
B. the society
C. managers
D. all answers are wrong

B. the society

Which of the following are NOT obligated to the terms of a contract?
A. A promisor
B. A promisee
C. A third-party beneficiary
D. A contractual party

C. A third-party beneficiary

When one party materially alters the contents of a written contract without the other's consent, the contract is (.).
A. discharged
B. not discharged
C. enforceable with court permission
D. avoidable

A. discharged

(15518)
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
B. False

A. True

Which one of the following is NOT a method by which a contract can be terminated?
A. Terminated by performance
B. Terminated by operation of law
C. Terminated by the impossibility of performance
D. Terminated by misrepresentation of the facts

D. Terminated by misrepresentation of the facts

(15643)The articles of incorporation must state the name of the corporation.
A. True
B. False

A. True

If the contract does not specify a time for performance, then performance must ordinarily be completed (.)
A. within a reasonable time.
B. at any time.
C. before statute of limitations.
D. within 3 years.

A. within a reasonable time.

In Vietnam, the Constitution is enacted by ( )
A. The Government|
B. The Supreme People's Court
C. The National Assembly
D. The People

C. The National Assembly

If stock is fully paid for, the purchaser becomes a ( )
A. shareholder
B. buyer
C. VIP
D. stockpurchasers

A. shareholder

What is the best definition of a novation?
A A mentions as is a new party for one of the original parties in an existing contract at the mutual
B. Novation is the conveyance of rights in a contract to a person, not a party.
C. The term novation describes a transfer of duties alone without a transfer of rights.
D. When a novation occurs, the original obligor is liable for the performance of the new contract.

A A mentions as is a new party for one of the original parties in an existing contract at the mutual

May sends a message to John offering to sell her laptop to him for $500. John responds by offering to buy the laptop for $400. May says "I don't agree". John replies by text stating he will accept the laptop for $500. Which
of the following statements is correct?
A. An offer has been made by May and accepted by John.
B. An offer has been made by John and accepted by May
C. May's first statement is an invitation to treat.
D. John's second statement is an offer to buy the laptop for $500.

D. John's second statement is an offer to buy the laptop for $500.

Which of the following statements is correct, concerning the revocation of an offer?
A. The offeror cannot revoke an offer at any time before its acceptance.
B. If the offer has been revoked, the offeree can no longer accept it and create a contract.
C. Once an offer has been made it can never be revoked.
D. If the offeror receives something of value in return for a promise to hold the offer open, the offer can be revoked.

B. If the offer has been revoked, the offeree can no longer accept it and create a contract.

When you transfer contractual duties to someone else, this is known as:
A. A delegation
B. A novation
C. An assignment
D. A promise

A. A delegation

(15485)In Vietnam, offer and acceptance are governed by( )
A. Civil Code 2005
B. Enterprise Law 2005
c. Constitution
D. Land law

A. Civil Code 2005

(15394)
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

A. Performance must ordinarily be rendered within a reasonable time

The nature of articles of incorporation is
A. a contract between the corporation and the state
B. a contract between the corporation and the future buyers
C. a contract between the corporation and the third parties
D. an acceptance between the corporation and the third parties

A. a contract between the corporation and the state

What is "limited liability"?
A. Limited liability means that the maximum amount an investor can lose equals that person's actual investment in the business.
B. limited la bie means that the minimum amount an investor can lose equals that personis planned insolvented liability refers to how much the directors must contribute in the event of the company becoming
D. Limited liability refers to the directors' ability to limit their liability for acts of negligence, fraud, etc.

A. Limited liability means that the maximum amount an investor can lose equals that person's actual

Which of the following amounts to a proper acceptance which creates a contract?
A. Acceptance may be by words, oral or written, or by some act that clearly shows an intention to accept.
B. The acceptance must be communicated to the offeror.
C. If the offer stipulates how accoptance must be made, these stipulations neod to be met for the acceptance
to be valid
D. All the choices

D. All the choices

(15615) 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".

A. Sale of real estate

The duration of an offer is affected by (.).
A. death or insanity of the offeror.
B. rejection of an offer by the offeree.
C. the lapse of the time spocified in the offer.
D. All the choices

D. All the choices

The offeree may make an inquiry about terms that differ from the offer's terms without rejecting the offer.
A. True
B. False

A. True

The ( ) sees the company as composed of various stakeholder groups, each with its own interests
A. Descriptive approach
B. Normative approach
C. Instrumental approach
D. Strict approach

A. Descriptive approach

Acceptance to an offer resulting in a ( )
A. Counteroffer
B. Contract
C. Counter acceptance
D. Invalid contract

B. Contract

As a general rule, which party's right under a contract may be assigned?
A. Only rights to receive negotiable instruments.
B. Onty rights to receive monetary damages.
C. All rights
D. No rights may be assigned, only duties may be assigned.

C. All rights

Which of the following does NOT amount to a valid offer?
A. The offer must be definite.
B. The offer must appear to be seriously intended
C. The offer must be communicated to the offeree.
D. The offer must be accepted by the offeree.

D. The offer must be accepted by the offeree.

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

B. Fixture

(15579) 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

D. Trial court that hears only cases involving minor offenses and disputes

No warranty of title arises when the seller makes the sale inNo warranty of title arises when the seller makes the sale in ( ), such as a sheriff or an administrator.
A. a representative capacity
B. a meeting
C. a fair
D. normal situations

A. a representative capacity

What is the best definition of "partnership"?
A. Association of two or more people to carry on business for profit.
B. Association of two or more people to conduct a profession for the nonprofit.
C. Association of two or more people to form a trade union or a chamber of commerce.
D. Ali the choices

A. Association of two or more people to carry on business for profit.

An offer to pay money in satisfaction of a debt or claim when one could pay is a (.).
A. Tender of Performance
B. Tender of Payment|
C. Legal tender
D. Substantial Performance

B. Tender of Payment|

A handbag displayed in a store window with a price tag of $100 will amount to (...).
A. an offer
B. an invitation to make offers
C. a counteroffer
D. an acceptance of the offer

B. an invitation to make offers

If defects are actually known to the ( ), an express warranty may not cover them
A. buyer
B. seller
C. organizer
D. registrator

B. seller

(28471)The basic relationship between the government and citizen is defined by ( ).
A. Judicial decisions
B. Constitutions
C. Administrative agency orders
D. Ordinances

B. Constitutions