法律英语考试参考(华中农业大学通识选课)

法律英语
What are the special duties for U.S House of Representatives?(代表制）
(1).impeach ,or bring charges against the president or federal official
(2)Choose a president if no candidate receives
a majority of electoral votes.
2.How does the system of checks and balances(政府机关彼此之间的相互制衡）in American constitution guarantees that no part of the government becomes too powerful?
(1)Congress may pass laws,but the President can veto them .
(2)The President can veto laws ,but Congress can override （推翻）the veto with a 2/3 vote.
(3)The President and Congress may agree on a law, but the Supreme Court can declare a law unconstitutional.
(4)The President can appoint Judges and other government officials, but Senate（参议院）must approve them.
(5)Supreme Court judges have life terms ,but they can be impeached（弹劾) .
3.Why is Constitution called the highest law of the land ?
(1)What the Constitution concerns above all are fundamental issues of the State;
(2)It serves as the basis of enacting（致力于）all other laws and regulations ,any laws contravening(违反）the constitutional provisions（规定）are null and avoid; (3)The procedures for adopting（采用）and amending（修改）it are far more stringent（严厉）and cautious than any other laws and regulations.
4. What are the main sources of China' s constitutional law?
(1) Constitutional Code(宪法典）--Constitution(1982)
(2)Constitutional amendments（宪法修正案）---31 clauses （条款）of amendments (1988,1993and2004)
(3)Constitutional acts（法律）mainly relating to the powers （权利）of the State and basic rights of the citizen.
5.What are the basic rights of Chinese citizens stipulated（保证）in constitution of China?
(1)Rights to equality
(2)Political rights
(3)Personal rights
(4)Social, economic, educational and cultual rights.
(5)Special person's rights .（特定主体）
6.What are the basic principle of the Contract(合同）Law?
(1) principle of equality
(2)principle of voluntariness（自愿）
(3)principle of good faith（诚信）
(4)principle of abiding（遵守）by the laws and regulations ,observing（尊重）social ethics（道德标准）and the socioeconomic order（社会经济秩序）
(5)principle of performing obligations（履行义务）
7.How can you understand rights to equality stipulated in China's Constitution?
(1)All citizens regardless of ethnic（种族）status（地位）, race, sex,occupation,family background, religious belief, education ,properly status（妥善地位）or length of residence （居住期限）, may equally enjoy the constitutional and statutory rights(法定权利) , and equally perform obligations prescribed(规定）by them.
(2) The legal rights and interests of any person are subject to equal protection . The violations（违反）of the law should be brought to justice.
(3) No privilege （特权）is allowed before the law.
8.What are the requirements of an acceptance in concluding
a contract?
(1) an offer must be accepted by the offeree（受要约人）,
not be（=not by) a third party.
(2) the acceptance must be unequivocal（明确）.
(3) in most cases, the acceptance must be communicated to the offeror（要约人）【接受要约必须传达】.
9.On what ways will an offer terminate（终止）?
(1)The offeror can withdraw(撤销）an offer at any time before acceptance.
(2)The offer itself may specify that（指明）it will lapse（失效）after a set length of time.
(3)The offeror may die or lose the legal capacity(法定资格，身份）to contract.
10.As far as discharge of contract is concerned what are the provisions（规定）under continental law system（大陆法系）?
(1)Payment(2)Deposit【提存】(3)set-off【抵消】(4)Release 【免除】(5)Merger【混同】
11. What are the provisions under Chinese law system on discharge of contract?
(1).performed obligation, the obligation were performed in accordance with the contract
(2).terminated or rescinded
(3) set off(相互抵消)
(4)subject matter deposit.
(5)The obligee releaed the obligor from obligations
(6)Both the obligatory rights and obligatory liabilities were assumed by one party
(7) provided by law or prescribed in advance by parties .
12.What are the elements（基础）for a contract to be legally binding(有约束力）?
(1)It must show agreement, including offer, acceptance,and mutuality（相互依存）.
(2)It must involve two or more parties having the legal capacity to contract.
(3)It must be for a legal purpose .
(4)It must be in the correct form ---for example ,certain contracts must be in writing .
13.What are Chinese Citizen' s obligations in accordance with（依照）China's constitution ?
(1) Unity of the country and nationalities（国家和名族的统一）.
(2)Obedience to（服从）the law
(3)Keeping state secrets
(4)Military service
(5)Payment of taxes
14.What are the primary sources of American law?
(1)Constitutions
(2)Treaties(条约）
(3)Statutes（成文法）
(4)Administrative rules and decisions（行政规则和决议）
(5)Executive orders （行政命令，总统命令）
(6)Court decisions
(7)Cases（=law-judge-made)
15.What are the secondary sources（第二类）of American law?
Books and articles that summarize and clarify（总结明确）the primary sources of law.Legal encyclopedias(百科全书）, compilations(法律汇编）(eg, Restatement of law), official comments to statutes ,treatises (专著，论文）articles in law reviews (评论such as Harvard Law Review) published by law schools,and articles in other legal journals are examples of secondary sources of law.
二.Term Explanation
1 Minor
A minor is a person who has not yet reached the age of majority. In most state ,the age of majority is 18(including China)for contract purposes.
2.contract law
Contract law is a general term（总括）of the legal norm（规范）regulating（调节）the agreement establishing（建立）,modifying（修改）and terminating（终结，确立）the civil rights and obligations between subjects of equal footing .【平等主体】
3.Acceptance
Acceptance is the offeree's manifestation of intention to enter into a binding agreement on the terms stated in the offer.【承诺是受要约人在表现形式的基础上,想要进入一个具有法律约束力的合约条款中规定提供。

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4.unilateral contract(单方合同）
A unilateral contract is an agreement in which one party makes a promise ,and only that party has any obligations under the terms of the contract.（根据合同条款）
5.Executed contract（已执行的合同）
A contract that has been fully performed on both sides is called an executed contract .
6.executory contract （待履行的合同）
If one party has fully performed but the other has not ,the contract is said to be executed on the one side and executory
on the other side but the contract is still classified（分类）as executory contract.
w --law is a set of enforced rules（执行规则) that govern(管理）the actions of people in a society , These rules must be followed by citizens, and violation(违反）of these rules may give rise to a cause of action in the courts.
8.Contract
A contract is an agreement establishing,modifying and terminating the civil rights and obligations between subjects of equal footing, that is , between natural persons, legal persons ,or other organizations.
9.express contract（明示合同）
An express contract is an explicit（明确的）agreement in which the parties spell out the terms（条款）and manifest （显示）their assent（赞同）either on writing or orally（口头上）.
10.Offer---an offer is a promise or commitment（=promise) to perform or refrain(禁止）form performing something in the future.
11.Counteroffer（反要约）
Counteroffer is the proposal（提议）by an offeree of different contract terms from those submitted by the offerer.
12.precedent （先例）
Precedent is a principle or rule established in a legal case that a court or other judicial body（司法机关）may apply （适用）when deciding subsequent cases（随后的情况）with similar issues or facts.
13Family law --- family law determines（确定）the legal rights and obligations of husbands and wives and of parents and children.
14.Sources of law ---refers to the methods and procedures by which the law is created and developed ,or the origin from which particular laws（特定法律）derive their authority or coercive（强制）force.
15.Constitution---is a set of rules and principle that define （定义）the powers of a government and the rights of the people.
三．翻译。

四．Cases
1.Peter sues(起诉）Mary .Mary thinks that the judges in this case should rule(判决，裁决）in her favor(有利）.Because the judges in cases that involved circumstances similar to those in this case have ruled in a way that indicates the above ruling.
Question: If Mary argues his way, is this a valid argument?Does the judge in this case have to rule as those other judges ?
It depends on the different law systems.
Yes, Mary's argument is valid.Under the doctrine of stare decisis(遵循先例原则，判例约束说）,judges are generally bound to follow the precedents set in their jurisdictions(司法权，裁判权）by the judges who have decided similar cases.(common law countries)
No,A judge does not always have to rule as other judges have .He can depart from precedent (不遵循先例）.(civil law counties)
2.例子。

It depends on whether postal rule or receipt rule would apply here.
(1). If postal(mailbox) rule applied,the acceptence was effective because the telegram had been sent.Therefore,the contract was made between Company X and Y.(commom law countries).
(2).If receipt rule applied here,the telegram delivered could not be an effective acceptance because it had been erroneously delivered to Company Z.Moreover ,the
revocation of acceptance was received by Company Y before company X receive the telegram ,therefore ,there was no contract between Company X and Y .(civil law counties).
试卷形式：
I. Short-answer Questions(10题，40分）
II.Term Explanation(10题，25分）
III.English-Chinese Translation(1题，10分）
IV.Tell whether each of the following statements is true or false.
V.Case study (1题10分）
11。