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Law Test - It is a test just to practice for the first exam of Introduction to Business
Introduction to Business Law
Universitat Pompeu Fabra
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Assembly 炮王 Oscar Orellana Gonzalez Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam 1. In what distinction of the law does a social norm fit better? Positive Law Domestic Law Natural Law Substantive Law 2. In what distinction of the law does Business Law fit better? Procedure Law Substantive Law International Law Positive Law 3. Which of the following options is true? Common Law is characterized to deduct the law In Civil Law, judges are appointed or elected among lawyers. In Common Law, judges learn by reading codes of the past created through experience in law. In Civil Law, one of the roles of scholars is to read commentaries. 4. Which of the families of Civil Law do Brazil, South Korea and Hong Kong belong? Napoleonic Germanist Chinese Germanist and Chinese 5. As a traditional view of interpretation, which one corresponds to “the purpose to be achieved by the rule? Contextual approach Plain meaning Theological approach Systematic approach 6. Which one does not correspond to Functional approach? Social Welfare Safeguard dignity Socioeconomic circumstances Equity 7. Which of the following sentences is false? Constitution defines Spain as a social, democratic State ruled by Law. It has the traditional tripartite of power and the political system is a Parliamentary Monarchy. The King has executive powers but limited (established in the Constitution and by the parliament “art 56 CE). The main values of the state are: freedom, justice, equality and political pluralism. 8. Which kind of source is applied to change the composition of the Government? (Overall after Parliament appoint the President) A constitutional rule An ordinary rule A legislative decree A regulation 9. Which statement is false? A vote of confidence is proposed by 1/10 of Deputies. To submit a new candidate for the office, after a motion of censure or no confidence, is necessary an absolute majority (50% +1) A vote of confidence is obtained with a single majority (more votes in favour) A motion of no confidence was held in the Spanish Government of Mariano Rajoy between 31 May to 1 June 2018. 10. What are the functions of the Parliament? Budgetary functions and authoritative of internal obligations of the State Apply the legislative power and nominate candidates for other Constitutional organs. Its main functions are to apply the legislative power and control the actuations of the State. A and B. 11. Which country doesn’t have legislature? Kazakhstan Arabia Saudi Assembly 炮王 Oscar Orellana Gonzalez Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam Somalia Iran 12. A province X to which the law assigns 6 Deputies. A total of 5 political parties present their candidacies. Once the votes have been counted, the results are the following: Blue (1200), Red (900), Green (650), Yellow (300), Pink (50). How many deputies of the green will be selected for this province? 2 1 0 3 13. Which of the following statements about the composition of senators is false: 4 for each Autonomous Community 2 per two million of inhabitants 3 for bigger Islands 2 for Ceuta and Melilla 14. Which of the following statements about the main norms that senators have to follow and apply is false? Constitution Amendments Ordinary acts and organic acts Decrees and Legislative Decrees International treaties. 15. The judiciary power of Spain gives to the public servants the power of administer justice in the name of the King of Spain. Courts and Tribunals, Senior Judges (magistrados) and Senior judges of the Supreme Court are independent irremovable, liable to the performance of their duties and only subject to the rule of law. Which of the following meanings doesn’t belong to the “Independent term”? They are independent in the performance of their duties., from all jurisdictional and administrative bodies within the judiciary. They are independent in the performance of their duties., from all jurisdictional and administrative bodies within the judiciary. They cannot receive instructions from either administrative bodies, hierarchically superior judges and courts, or the CGPJ as to the interpretation of the legal framework made during the exercise of the jurisdictional power. All of them belongs to the “Independent term” 16. Which way to entry to the Judicial Service is false? Free public competitive examination (Spanish, +18 years old candidate that has a university degree in law and he/she must take a public competitive examination and a theoretical and practical course. Merit-based competition (10 years of effective service and a training course at the Judiciary School to join the Judicial Service with the rank of Supreme Court Judge or Senior Judge) Discretionary appointment by the General Council of the Judiciary (CGPJ). 1/5 Senior Judge vacancies must be allocated to lawyers and other legal professionals who have work more than 15 years. All of them are false. (because all are true) 17. Which of the following courts doesn’t belong to the National Jurisdiction? Supreme Court High Courts of Justice Central Criminal Investigation Courts Central Contentious-Administrative Courts 18. Which of the following courts does belong to the Municipally Jurisdiction? Courts of Appeal Youth Courts Contentious-Administrative Courts Magistrates Courts 19. To which power belongs the Constitutional Court Executive Power Assembly 炮王 Oscar Orellana Gonzalez Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam An absolute majority of the Congress in a final vote of the entire bill. An absolute majority of the Senate, the Congress adopting the final decision. An absolute majority of the Congress and Senate. An absolute majority of the Senate in a final vote of the entire bill. 29. Which of the following material sources is not passed by the Government to the Parliament? Decree (Real Decreto-Ley) Decree (Real Decreto) Legislative Decree (Real Decreto-Legislativo) A and B are true. 30. Which statement is false? A General Principles of Law are only applicable in absence of law and custom applicable to the case. In Civil Law, there is a branch named Case Law were opinions of legal experts provide interpretations and clarifications of the law. Custom Law is a non-written law where its applications must prove its existence, content and scope. Two types of regulations exist: Decree (from the Council of Ministers) and Orders (from the Ministers or Delegate Commissions), 31. Talking about what are the requirements to create laws in common law, which statement is false? To have a well-defined doctrine (stability) and it be fundamental to the resolution of the case. There need to be at least 2 Supreme Court Decisions in the same direction. There must be an identity between the precedent and the case that the doctrine wants to be applied to. All of them are false 32. Which statement about the Civil Code of 1889 is false? It is inspired by the French Civil Code It is currently in force It was created before the Commercial Code. It has been modified in many occasions. 33. The Common Spanish Civil Code is not strictly applicable in some SelfGoverning Communities because they have their own legislation in civil matters. Which are these Governing Communities? Catalonia, Balearic Islands, Aragon, Navarre, Canarias Islands and the Basque Country Catalonia, Balearic Islands, Aragon, Navarre, Canarias Islands and the Basque Country Catalonia, Balearic Islands, Aragon, Navarre, Galicia and the Basque Country Catalonia, Canarias Islands, Aragon, Navarre, Galicia and the Basque Country 34. 35. In Private International Law, the adhesion by Spain to European Community in 1986 made a significant change in the Spanish legal system. After this adhesion which of the following statement is false? Supranational legislation affects Spain in the form of treaties, policy, guidelines, derivative regulations. Spain abandoned the Uniform Law to apply the Conflict International rules of all member states. Spain adopted the new lex mercatoria of Europe. Conflict Rules were a tool of International Private law to be able to manage transnational activity. 36. Which statement is false about the Treaty of Paris? Assembly 炮王 Oscar Orellana Gonzalez Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam It was signed by France, West Germany, Belgium, the Netherlands, Luxemburg and Italy. It only creates the European Coal and Steel Community (ECSC) It was made in 1951 but entered into force in 1952. It creates the European Coal and Steel Community (ECSC), and the European Economic Community (EEC) with the objective of eliminating the borders. 37. Which statement is false about the Treaty of Rome? It has been amended on several occasions (The Maastricht Treaty – 1992 and the Treaty of Lisbon 2007) It only creates the European Atomic Energy Community (EURATOM) It was made in 1957 but entered into force in 1958. It creates the European Atomic Energy Community (EURATOM) and the European Economic Community (EEC). 38. Which statement is false about the EMS creation in 1979? It was signed by 9 States. The main goal was to stabilize the number of transactions between countries. It implemented the new European Currency Unit (ECU) €. A new policy of linked currencies was implemented. 39. Which statement is false about the Single European Act? It was signed in 1986 and entered into force in 1987 It revised the Treaty of Paris and setting up the EMS. Complete the internal market (area with no internal borders and in which there is free movement of goods, persons, services and capital) The Single European Act expanded the powers of the European Community, reformed institutions and created new Community competencies 40. How many stages or evolutionary steps were made to be able to have a common currency (EMU)? 1 2 3 4 41. Which statement about Maastricht treaty is false? Its purpose was to prepare for European Monetary Union (EMU) and to introduce elements of a political union. Maastricht Treaty established the EU as a legal entity in its own right It started establishing the EU by forming the “three pillars of the EU” The first pillar is the police and judicial cooperation in criminal matters, the second is the common foreign and security policy and the third is the three European Communities. 42. The Treaty of Amsterdam (1997) is not characterized by: Reforming the EU institutions in preparation for the arrival of future members. Creates the European Central Bank in Brussels. Amendment, renumbering and consolidation of EU and EEC treaties More transparent decision-making. 43. Which country can not issue their own euro coins within certain limits? Monaco Vatican City Cyprus San Marino 44. Which statement does not correspond to the Treaty of Lisbon? Its main purpose was to reform the institutions so that the EU could function efficiently after reaching 25 member-countries. Its objective was to make the EU more democratic, more efficient and better able to address global problems. It gave more power for the European Parliament. New High Representative for Foreign Affairs and new EU diplomatic service 45. Which statement in the power or composition of the European institutions is false? Assembly 炮王 Oscar Orellana Gonzalez Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam Performance audits (checking that the EU funds achieve its goals with the fewest possible resources and in the most economic manner). All of them are false. 53. Which does hierarchy of EU law is true? 1 - Primary legislation, 2 - Charter of Fundamental Rights of the EU, 3 - International Agreements, 4 - General principles of Law, 5 Secondary Legislation 1 - Primary legislation, 2 - Charter of Fundamental Rights of the EU, 3 - International Agreements, 4 - Law Secondary Legislation, 5 - General principles of Law 1 - Primary legislation, 2 - International Agreements, 3 - Charter of Fundamental Rights of the EU Law, 4 - Secondary Legislation, 5 General principles of Law 1 - Primary legislation, 2 - International Agreements, 3 - Charter of Fundamental Rights of the EU Law, 4 - General principles of Law, 5 Secondary Legislation 54. Secondary Law are sources of law created by the EU itself. They are only valid if they comply with primary law (treaties). Which of the following options doesn’t fit to the secondary law? Legislative acts: Legal acts adopted through the ordinary or the special legislative procedure Delegated acts (To clarify acts): Non-legislative acts of general application which supplement or amend certain non-essential elements of a legislative act. Implementing acts: Generally adopted by the Commission in cases where uniform conditions for implementing legally binding acts are needed. To give instructions. Unilateral acts: Those not listed in art 288 TFEU: regulations, directives, decisions, recommendations and opinions. 55. Which characteristic of regulations is false? General application to all Member States. Binding in their entirety. Applicable to private persons, Member States and EU institutions Supersede national laws incompatible with their substantive provisions. First national law and then secondary law. 56. Which characteristic of directives is false: Binding in their entirety Leave to the national authorities to choose of form and methods In transposing directives, Member States guarantee the effectiveness of EU law. Individual citizens are given rights and bound by the legal act only once the transposing act has been adopted. 57. Which source is listed? General principles of law Recommendations and opinions Case law of the CJEU International Law: Source of inspiration of the CJUE when developing case-law 58. Which statement about ordinary legislative procedure is false? Only EU Commission can propose directives or legally binding regulations. EU citizens can directly request new draft laws. Requirements: at least 1 million people from no fewer than 7 countries. The process generally takes 6-12 months As a first instance, a draft is sent to the Council of the EU, representing the States, and the European Parliament, representing citizens. 59. Which of the following competences does not belong to EU Competences? Harmonization competence: Process of creating common standards across the internal market Residual competence: Art. 352 TFEU – It is designed to fill the gap where no specific provisions of the Treaty Five general competence categories: exclusive, persuasive, shared, coordinating and complementary. The principle of subsidiarity: Union level Assembly 炮王 Oscar Orellana Gonzalez Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam 60. The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights/principles for European Union citizens and residents into EU law. Which of the following statements is false? It was proclaimed in 2000 but it wasn’t recognized until the 2007 Lisbon Treaty It aims to create new fundamental rights Constitutional traditions common to the Member States, European Convention on Human Rights and general principles of European law are used to codify existing fundamental rights. There is a distinction between rights (they can be invoked before a court – direct effect) and principles (orientating objectives). 61. Which option does not belong to negative integration as a dual strategy about how to create a single market out of different diverse national markets? Prohibition of custom duties and prohibition of protectionist taxation Prohibition of quantitative restrictions on imports and exports Tax harmonization competence and opting-up system A and B. 62. Which option is not a condition but a criteria to become a Member State of the EU? Have the consent of their citizens – as expressed through approval in their national parliament or by referendum. Respect the common values of the Member States and undertake to promote them (art. 2 TEU): Human dignity, Freedom, Democracy, Equality, Rule of law, Respect for human rights (including the rights of persons belonging to minorities). Comply with all the EU's standards and rules Have the ability to take on and implement effectively the obligations of membership, including adherence to the aims of political, economic and monetary union. 63. Which option about Accession to the EU is false? Albania, Montenegro, Macedonia, Serbia and Turkey are candidate countries. An Interim period benefits the acceding countries from special agreements as “keep informed of EU Legislation and “Hold an active observer status in all the relevant bodies, in which it has the right to speak but not to vote The last country joined the EU was Kosovo in 2013 In the Pre-accession period and negotiations, the new Member State has to implement and adopt all EU rules (the acquis) which are divided in 35 different policy fields. 64. What statement is false about the Brexit? It started on 23 June 2016, UK citizens voted to leave the EU (referendum) If the agreement is approved EU laws would stop applying to the UK immediately. After the end of negotiations, the consent of the EU Parliament is required When the agreement enters into force, the UK will be no longer a EU Member State and the Treaties will cease to apply. 65. Which of the following options does belong to Ex-ante and not Ex-post thinking about the points of view of the Law. Retrospective Deontological approach Legal formalism Policy and Social Welfare 66. As an idea of efficiency, legal rules and legal decisions may be understood as devices to encourage parties to keep costs down. Which option does belong to achieve this idea? Penalties Non-liability for having used the cheapest solution to an expensive problem. Rules on ownership and rules on contract law All of them 67. Which statement is false? In strict liability, the defendant is liable for the harm he caused regardless of the care or precautions he took to prevent the accident. Introduction to Business Law (Topics: 1 to 13) Questions to prepare the exam Standards are not discrete and does not favours rent seeking and agency problems. Blame and responsibility appear in the application of Standards Standards can be within rules and rules within standards. 76. Referring to slippery slopes as a strategy of the law. Which Strategy and consequence of the “decision one” is not true? The first decision lowers the cost of the second one Decision one affects the way people think or feel later about the second one. Ideas about equal treatment does not require the second decision to be made like the first one. The first decision affects the power of those interested in the second one. 77. Which principle or theorem does refer to rules as conduct rules or decision rules? Coase Theorem Principle of property rules Acoustic separation theorem Principle of liability rules 78. Which of the following ways does not correspond to the way courts do their work? They make presumptions, they try to estimate likelihoods. They set up default rules, then make isolated judgments about whether the reasons for doing otherwise are enough to set aside the background presumption. They assign burdens of proof (carga de la prueba) They create standards and then measure evidence and arguments against them. Assembly 炮王 Oscar Orellana Gonzalez
Law Test - It is a test just to practice for the first exam of Introduction to Business
Assignatura: Introduction to Business Law
Universitat: Universitat Pompeu Fabra
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