HANOI OPEN UNIVERSITY LEGAL ENGLISH MID-TERM TEST

TIME ALLOWANCE: 40 MINS

Full name: …………………………… Class..................................

1st Scorer: …………………………
I. Choose the best answer (3 points)
1. Strict liability in product liability means
A. the defendant is liable for any defective product, regardless of fault
B. the plaintiff must prove negligence on the part of the defendant
C. the defendant is only liable if they knew the product was defective
D. the plaintiff must prove that the product was unreasonably dangerous
2. In the UK, the burden of proof is on the _____to prove somebody is guilty beyond reasonable doubt.
A. judge B. jury C. prosecution D. counsel
3. The lawsuit against the organization was dropped because there was not enough ________.
A. facts B. issues C. problems D. evidence
4. In the UK, disputes under civil law are typically resolved through negotiation, mediation or ______.
A. litigation B. proceedings C. trial D. adjudication
5. The court _____in the UK plays a central role in determining which precedents are considered binding
upon lower courts.
A. divisions B. jurisdictions C. hierarchy D. level
6. In England and the USA much of the law is based on the decisions made by judges. This source of law is
called the __________.
A. Bill B. legislation C. case law D. Act of Parliament
7. If you are ______to the Bar, you can practise as a barrister.
A. called B. named C. enrolled D. acceded
8. In England, a statute has to pass through three ________ before it becomes law.
A. phases B. steps C. stages D. readings
9. Which of the following is not part of the criminal justice system?
A. the Police Service B. The Crown Prosecution Service
C. Fire Service D. Magistrates’ Courts and Crown Courts
10. In modern societies, a body with authority, such as the__________, makes the law.
A. legislation B. legislature C. legislative D. legislate
II. Insert the correct form of the words given in brackets to complete the sentences (2 points)
11. Solicitors provide a range of legal services to companies, ______________ and individuals on a wide
range of legal issues. (organize)
12. ______________law is rules determining how a case is administered by the courts. (procedure)
13. In criminal law, the burden of ___________is on the prosecution. (prove)
14. The __________source of the common law system can be traced back to the English monarchy. (origin)
15. Civil cases are allocated to different tracks or regimes based on their ___________value. (money)

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III. Read the passage and write short answers to the questions in the space provided (3 points)

Civil law vs. Criminal law

Cases:
In civil law, a case commences when a complaint is filed by a party, which may be an individual, an
organization, a company or a corporation, against another party. The party complaining is called the plaintiff
and the party responding is called the defendant and the process is called litigation. In civil litigation, the
plaintiff is asking the court to order the defendant to remedy a wrong, often in the form of monetary
compensation to the plaintiff. In contrast, in criminal law, the case is filed by the government, usually
referred to as the State and represented by a prosecutor, against a defendant. An individual can never file
criminal charges against another person: an individual may report a crime, but only the government can file
criminal charges in court. Crimes are activities punishable by the government and are divided into two
broad classes of seriousness: felonies having a possible sentence of more than one year incarceration and
misdemeanors having a possible sentence of one year or less incarceration.
Punishment:
One of the notable differences between civil law and criminal law is the punishment. In case of criminal law
a person found guilty is punished by incarceration in a prison, a fine, or in some occasion's death penalty.
Whereas, in case of civil law the losing party has to reimburse the plaintiff, the amount of loss which is
determined by the judge and is called punitive damages. A criminal litigation is more serious than civil
litigation in that criminal defendants have more rights and protections than a civil defendant.
16. How does a civil case commence?
…………………………………………………………………………………………………………
17. What is the defendant in civil law?
…………………………………………………………………………………………………………
18. How are crimes categorized?
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
19. What types of punishment may be imposed on the person who is found guilty of a crime?
…………………………………………………………………………………………………………

…………………………………………………………………………………………………………
20. In civil law, what does the losing party have to do?
…………………………………………………………………………………………………………
IV. Identify the error in each sentence below and correct it.
21. Most claims are initiated by the useful of a claim form. .……………………
22. The drafting legislation is submitted to the Parliament for debate and passage. .……………………
23. If the defendant is found not guilty, he/she is acquittal. .……………………
24. Members of the chambers are known as tenancy. .……………………
25. The decisions of the higher courts are binding for the lower courts. ........………………..