Đề thi môn Anh văn chuyên ngành Luật năm 2023-2024 có đáp án
Mã học phần: 232_DTA0100_01
Mã nhóm lớp học phần: DTA0100_01
PHẦN TRẮC NGHIỆM (20 CÂU) – 5 điểm
- What type of business has members, called as partners?
A. A partnership
B. A sole proprietorship
C. A limited liability company
D. A corporation
ANSWER: A - If the offer and acceptance do not match each other, then the law says that the second party has made a
A. Counteroffer
B. Consideration
C. Acceptance
D. Legal consent
ANSWER: A - Which area of law is related to the establishment and management of business entities?
A. Company law
B. Commercial law
C. Competition law
D. Comparative law
ANSWER: A - Since you have failed to complete your liabilities under a contract, you have obviously … the contract.
A. Breached
B. Assigned
C. Denied
D. Terminated
ANSWER: A - A corporation can … property, … its bank account, and … other persons.
A. Owe/ open/ sue
B. Owe/ close/ violate
C. Own/ open/ sue
D. Own/ open/ violate
ANSWER: A - Both parties are getting something that they’ve agreed to, usually something of value for something of value, which means:
A. Consideration
B. Acceptance
C. Offer
D. Legality
ANSWER: A - A contract … when one party makes … that … by the other party.
A. is formed/ an offer/ is accepted
B. formed/ an offer/ accepted
C. forms/ a counter-offer/ accepts
D. formed/ an acceptance/ is approved
ANSWER: A - If a contract is broken, the injured party might be expected to demand what they gave returned to them. What is called under contract law?
A. Restitution
B. Redeem
C. Refund
D. Resolution
ANSWER: A - … is determined as an amount of money which the breaching party … to compensate for to the aggrieved party.
A. Damages
B. Specific Performance
C. Restitution
D. Fine
ANSWER: A - … works on his or her own, has no partners and usually handles smaller cases, advises clients on corporate …
A. A sole proprietor
B. A partner
C. A shareholder
D. A stakeholder
ANSWER: A - Who is responsible for monitoring the affair of business operation and making policies for the development of a limited liability company?
A. Board of Managers
B. Board of Directors
C. Association of shareholders
D. Association of stakeholders
ANSWER: A - If a contract is broken, the injured party might be expected … the other party to be forced to perform the contract. What is called under contract law?
A. Specific performance
B. Restitution
C. Damages
D. Redeem
ANSWER: A - A party may want to transfer its rights under a contract to another party, called an …
A. assignment
B. transformation
C. contract
D. agreement
ANSWER: A - What type of business has no limits on the number of investors?
A. A corporation
B. A sole proprietorship
C. A limited liability company
D. A partnership
ANSWER: A - What kind of business entity is managed by an individual who is personally liable for all debts, tax treatment and financial obligations with its own name?
A. A sole proprietorship
B. A corporation
C. A partnership
D. A limited liability company
ANSWER: A - The board of directors … the affairs of the company and … company policy.
A. manages/ makes
B. manages/ devises
C. makes/ decides
D. decides/ devises
ANSWER: A - Regulators monitor the activities of companies to make sure that they … the law.
A. comply with
B. implement
C. breach
D. violate
ANSWER: A - … invests money and receives dividend for business purposes.
A. A shareholder
B. A sole proprietor
C. A partner
D. A stakeholder
ANSWER: A - … offer free legal assistance to the local community and provide a useful introduction to some of the day-to-day work of a lawyer.
A. Law clinics
B. Legal clinics
C. Juris Clinics
D. Jury clinics
ANSWER: A - A company director … the governing board of a corporation.
A. serves on
B. manages
C. monitors
D. decides on
ANSWER: A
PHẦN TỰ LUẬN
Câu hỏi: (5 điểm)
Contract law deals with promises which create legal rights. In most legal systems, a contract is formed when one party makes an offer that is accepted by the other party. Some legal systems require more, for example that the parties give each other, or promise to give each other, something of value. In common-law systems, this promise is known as consideration. In those systems, a one-sided promise to do something (e.g. a promise to make a gift) does not lead to the formation of an enforceable contract, as it lacks consideration.
When the contract is negotiated, the offer and acceptance must match each other in order for the contract to be binding. This means that one party must accept exactly what the other party has offered. If the offer and acceptance do not match each other, then the law says that the second party has made a counter-offer (that is, a new offer to the first party which then may be accepted or rejected). For there to be a valid contract, the parties must agree on the essential terms. These include the price and the subject matter of the contract.
Contracts may be made in writing or by spoken words. If the parties make a contract by spoken words, it is called an oral contract. In some jurisdictions, certain special types of contracts must be in writing, or they are not valid (e.g. the sale of land).
Contracts give both parties rights and obligations. Rights are something positive which a party wants to get from a contract (e.g. the right to payment of money). Obligations are something which a party has to do or give up to get those rights (e.g. the obligation to do work).
When a party does not do what it is required to do under a contract, that party is said to have breached the contract. The other party may file a lawsuit against the breaching party for breach of contract. The non-breaching party (sometimes called the injured party) may try to get a court to award damages for the breach. Damages refers to money which the court orders the breaching party to pay to the non-breaching party in compensation. Other remedies include specific performance, where a court orders the breaching party to perform the contract (that is, to do what it promised to do).
A party may want to transfer its rights under a contract to another party. This is called an assignment. When a party assigns (‘gives’) its rights under the contract to another party, the assigning party is called the assignor and the party who gets the rights is called the assignee.
Part 1 – Short question
- What is an additional requirement of forming a contract under common law systems? (0.5 Điểm)
- How many remedies are mentioned in Paragraph 5 to ask for the breach of contract? (0.5 Điểm)
Part 2 – True/False
- Consideration is always required to form a contract under all legal systems? True or False? Explain (1 Điểm)
- To make a contract binding to both parties, the offer can fail to match acceptance. True or False? Explain (1 Điểm)
- An oral contract is always valid in any cases. True or False? Explain (1 Điểm)
- Damages are known as hurts or pains that a victim suffers under contract law. True or False? Explain (1 Điểm)
ĐÁP ÁN PHẦN TỰ LUẬN VÀ THANG ĐIỂM
| Phần câu hỏi | Nội dung đáp án | Thang điểm | Ghi chú |
|---|---|---|---|
| I. Trắc nghiệm | 5.0 | ||
| Question 1-10 | A | 0.25 | |
| II. Tự luận | 5.0 | ||
| Part 1 | |||
| Question 1 | Some legal systems require more, for example that the parties give each other, or promise to give each other, something of value. In common-law systems, this promise is known as consideration | 0.5 | |
| Question 2 | Two. Damages refers to money which the court orders the breaching party to pay to the non-breaching party in compensation. Other remedies include specific performance, where a court orders the breaching party to perform the contract. | 0.5 | |
| Part 2 | |||
| Question 1 | False | 0.5 | |
| In common-law systems, this promise is known as consideration. In those systems, a one-sided promise to do something (e.g. a promise to make a gift) does not lead to the formation of an enforceable contract, as it lacks consideration. | 0.5 | ||
| Question 2 | False | 0.5 | |
| When the contract is negotiated, the offer and acceptance must match each other in order for the contract to be binding. This means that one party must accept exactly what the other party has offered | 0.5 | ||
| Question 3 | False | 0.5 | |
| In some jurisdictions, certain special types of contracts must be in writing, or they are not valid (e.g. the sale of land). | 0.5 | ||
| Question 4 | False | 0.5 | |
| Damages refers to money which the court orders the breaching party to pay to the non-breaching party in compensation | 0.5 |
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