FINAL EXAM UNIVERSITY OF ECONOMICS AND LAW FACULTY OF LAW The second semester of 2021-2022 (All materials are allowed) ANSWER SHEET GENERAL THEORY OF STATE AND LAW Code: 02 Time limit: 60 minutes Student’s name: ………………………………….……………………………………………. Student’s ID: ………….…………………..Class Code:……………………………………... 1st Supervisor 2nd Supervisor A Score (in numbers) Score (in words) 2nd Examiner’s 1st Examiner ANSWER SHEET PART: Guideline: Mark X in the selected option Choose B Leave B, choose D Leave D, back to B Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A B C D A B C D A B C D A A A A A A A A A A A A A A A A A A B B B B B B B B B B B B B B B B B B C C C C C C C C C C C C C C C C C C D D D D D D D D D D D D D D D D D D Q 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A A A A A A A A A A A A A A A A A A B B B B B B B B B B B B B B B B B B C C C C C C C C C C C C C C C C C C D D D D D D D D D D D D D D D D D D Q 37 38 39 40 41 42 43 44 45 46 47 48 49 50 A A A A A A A A A A A A A A B B B B B B B B B B B B B B C C C C C C C C C C C C C C D D D D D D D D D D D D D D QUESTION PART (This part includes 07 pages) Q.1: Age of criminal liability for the murder crime is: a. From 14 years old b. From 16 years old c. From 15 years old d. From 18 years old Q.2: Ms. X has a husband (Y) and two sons named W and Z. W has his own kid named M. However, W died because of cancer 5 years ago. Z is a person who is not entitled to inherit. In May 2022, Ms. X die in a traffic accident and left a private estate of 300 million dong a. Y=W=Z= 100 mil b. Y=M=Z= 100 mil c. Y=Z= 150 mil d. Y=M= 150 mil Q.3: Which agency is the highest administrative organ of the Socialist Republic of Vietnam? a. Communist Party of Vietnam b. Government c. President d. National assembly Q.4: The arising time of legal capacity of a legal person in comparison with his legal personality is: a. Before b. After c. At the same time d. All is wrong Q.5: When A drives a motorcycle without a helmet and is fined by the police. What kind of delict it is? a. Administrative sanctions b. Administrative handling measures c. Criminal violation d. A and B are right Q.6: A civil contract is: a. An agreement between parties in relation to the establishment, modification or termination of civil rights and obligations b. A contract or a unilateral legal act which gives rise to, changes or terminates civil rights and/or obligations. c. A civil transaction which are legitimate interests which the parties wish to achieve at the time when they enter into such transaction d. All are wrong Q.7: In which kind of Democratic republic, there is no Prime Minister: a. Republic President b. Republic Parliament 1/7 c. Semi-presidental Republic d. People’s republic Q.8: According to Marxist Theory of State origin, which agency holds the sovereignty and handles the duty of managing citizens and territory: a. Ruling class b. People c. State d. All are right Q.9: Which of the following statement is not right about the origin of Eastern State? a. Appear near basins of large rivers b. Can not be explained by typical theories of state origin c. Established by an ordinance of God d. Established on demand of natural disaster and war prevention Q.10: In Vietnam, which agency is the judicial bodies of Vietnam, exercise judicial power: a. The People’s court b. The People’s Procuracy c. The People’s Council d. The People’s Committee Q.11: Which of the following legal branches use the imperative method as the adjustment method? a. Administrative law and Civil law b. Criminal law and Civil law c. Criminal law and Administrative law d. All are wrong Q.12: Which of the following legal theory explain the law as a system of regulations created and enforced by human and every legal regulation will be presented in a defined normative legal document: a. Confusianism b. Legalism c. Natural law d. Positive law Q.13: Which of the following agencies does not belong to the Vietnamese state organ? a. Communist Party of Vietnam. b. Ministry of Transport and Transport. c. Viet Nam Social Insurance Agency. d. The State Bank of Viet Nam. Q.14: What are the prerequisites of legal relations? a. Legal norms b. Subject and Object c. Legal personality and civil capacity d. Legal norms and legal facts. Q.15: Which of the following state organ does not be entitled to issue normative legal documents in Vietnam? a. The President of Vietnam b. The President of National Assembly 2/7 c. The Prime Minister d. All are right Q.16: What are the components of legal relation according to Vietnam’s perspective? a. Subject, Object, Content b. Hypothesis, Disposition, Sanction c. Subject, Object, Subjective, Objective d. All are wrong Q.17: A system of legal institutions to regulate a sort of certain social field such as civil, criminal, administrative or constitutional is called: a. Legal norm b. Legal institution c. Legal branch d. Legal system Q.18: A's dog bites B. B asks for an amount of compensation. What kind of legal relation it is? a. Civil relation b. Criminal relation c. Administrative relation d. All are wrong Q.19: Which of the following statement is not right: a. The subjects have to fulfill subject capacity to enter into a legal relation b. The subject capacity is divided into legal personality and legal capacity c. The subject can have legal personality but have no/limited legal capacity to enter into a legal relation d. The subject can have legal capacity but have no/limited legal personality to enter into a legal relation Q.20: In which theory of state origin, State was believed to be formed when the family became wider, the heads of these families became the government? a. Divine Right Theory b. Force Theory c. Evolution Theory d. Social Contract Theory Q.21: Define the hypothesis section of the following legal norm: “A citizen of the Socialist Republic of Vietnam is a person holding Vietnamese citizenship” a. “A citizen”. b. “A citizen of the Socialist Republic of Vietnam”. c. “a person holding Vietnamese citizenship”. d. Neither of them Q.22: Which legal normative documents are the Prime Minister of Vietnam entitled to issue: a. Constitution; Decree. b. Constitution; Law; Resolution. c. Order, Decision d. Decision. 3/7 Q.23: Which is the disposition section in the following legal norm: “The honor, dignity and prestige of a deceased person shall be protected at the request of his/her spouse or grown children; or his/her parent if he/she has no spouse or child, unless otherwise prescribed by law.” a. “The honor, dignity and prestige of a deceased person” b. “shall be protected at the request of his/her spouse or grown children; or his/her parent if he/she has no spouse or child” c. “unless otherwise prescribed by law” d. A and C are correct. Q.24: Mr. Bob passed the traffic light and hit a man on the road, making this person die, what kind of delict it is: a. Administrative violation b. Criminal violation c. Civil violation d. Disciplinary violation Q.25: In a transaction of selling an apartment between X and Y, what is the object of this legal relation? a. A and B b. The apartment c. The right and obligation of X and Y d. The benefits X and Y get Q.26: In a violation of murder, when C kills D with a knife, what is the subjective of this delict? a. C b. The knife c. The illegal act of C d. The fault of C Q.27: What is the fault a subject can make in the violation of murder? a. Intentional fault b. Unintentional fault c. All are right d. All are wrong Q.28: Fill in the blank: “There is/are ………….Constitution and …………… (legal) Code in Vietnam”? a. 1 // 1 b. 5 // 6 c. 5 // many d. 1 // 6 Q.29: Natural Law is a school of law that affect widely in: a. Eastern countries b. Western countries c. All around the world d. Have no idea Q.30: From how old are the subject has the capacity to enter into a civil transaction of buying a bicycle for himself? 4/7 a. 6 years old b. 15 years old c. 18 years old d. All are wrong Q.31: What kind of crime it is: “Any person who commits grave robbery or otherwise infringes upon a dead body, grave or human remains shall face a penalty of up to 02 years' community sentence or 02 - 03 years' imprisonment” a. Less serious crime d. Serious crime c. Very serious crime d. Extremely serious crime Q.32: Human right, Fundamental Citizen Right is the content of: a. Constitution b. Civil Code c. Criminal Code d. Labor Code Q.33: What is the structure of the China state? a. Unitary state b. Parliamentary republic c. Presidential republic d. Federal state Q.34: Legal entity is: a. An organization has a well-organized structure b. An entity is established lawfully c. A person has its own characteristics d. An organization that meets conditions specified by law Q.35: Which of the following state organs is not an organ that belonged to the Government of Vietnam? a. Nation council b. Committee for Ethnic Affairs c. Ministry of Justice d. Viet Nam Television Q.36: Legal personality of an individual appears when: a. Individual was born and alive b. An individual reaches a certain age c. Individual has the ability to perceive and control behavior d. B and C are right Q.37: Which of the following statement is not right about the minor: a. Is the one who is under eighteen years old b. Have no civil capacity c. Can be a subject of civil relation d. Can be entitled to enter in and perform some civil transactions Q.38: What of the following fact is an objective legal facts? a. Rain 5/7 b. A child was born c. Passing the traffic light d. Register for marriage Q.39: Fill in the blank: “Every citizen who reaches the age of …… has the right to vote. Every citizen who reaches the age of ……has the right to stand for election to the National Assembly or People’s Councils. The exercise of those rights shall be prescribed by a law.” a. sixteen // eighteen b. eighteen // eighteen c. twenty-one // eighteen d. eighteen // twenty-one Q.40: What is the legal branch having the highest legal value in the Vietnamese legal system? a. Constitution b. Civil Code c. Criminal Code d. Labor Code Q.41: Which of the following labor relation is regulated by the labor code? a. Cadres, civil servants and state organ b. Public employees and public non-business units c. Employer and employee d. All are right Q.42: Mr. A dies and leaves a private estate of 1,8 billion dongs. People found that before his death, he made a legal will to give all the estate to C (his private secretary). Mr. A has a legal wife (Ms. B) and two daughters named D (6 years old) and E (17 years old). Divide Mr.A’s estate in this case: a. C = 1,8 bil b. C = 600 mil, B =D = E = 400 mil c. C = 1 bil, B = 500 mil, D = E (200 mil) d. C = B = D = E = 450 mil Q.43: Which of the following country is different from the other in the form of government: a. Brunei b. France c. England d. Thailand Q.44: Which of the following statement is not right about probation: a. is a compulsory activity before signing a labor contract b. will be paid at least 85% of the offered salary c. only one time of probation is allowed for a job d. is not allowed if the employment duration is less than 01 month Q.45: Is there any normative legal document named Administrative law? a. Yes b. No c. Have no idea d. Do not care 6/7 Q.46: Which of the following statement is right about civil capacity: a. An adult shall have full civil capacity b. Civil capacity is the premise of civil personality c. Different in each range of age d. All are right Q.47: Define the sanction section in this legal norm: “6-month to 3-year community sentence shall be imposed upon people who commit less serious crimes or serious crimes defined by this Law and have stable jobs or fixed residences and do not have to be isolated from society” a. 6-month to 3-year community sentence b. 6-month to 3-year community sentence shall be imposed upon people c. who commit less serious crimes or serious crimes defined by this Law and have stable jobs or fixed residences and do not have to be isolated from society d. All are wrong Q.48: If there is any conflict between parties in a labor contract, which normative legal document will be priority used as the source of law: a. Civil Code b. Labor Code c. Administrative Law d. Constitution Q.49: In Vietnam which of the following position won’t be elected among National Assembly deputies? a. The President b. The president of National Assembly c. The Prime Minister d. The Minister Q.50. According to the Marxist Theory of State, which social-economic model did not have the appearance of the State? a. Feudalism b. Slavery possession c. Capitalism d. Primitive community END DEAN OF FACULTY OF LAW LECTURER Nguyen Thi Hong Nhung Nguyen Ngoc Phuong Hong 7/7