11法律英语阅读模拟试卷
法律英语练习题答案
法律英语练习题答案1. 选择题：Which of the following is the correct translation of "plaintiff" in legal English?A. 被告B. 原告C. 证人D. 律师答案：B. 原告2. 填空题：In legal English, "contract" refers to an agreement with a legal binding force, which is usually established by the mutual consent of the parties involved. The term "contract" can also be referred to as a(n) ______.答案：agreement3. 判断题：The term "tort" in legal English refers to a civil wrong that can be compensated by monetary damages.- True- False答案：True4. 简答题：What is the difference between "statute" and "common law" in legal English?答案：In legal English, "statute" refers to a law enactedby a legislative body, whereas "common law" refers to the body of law derived from judicial decisions of courts and similar tribunals.5. 翻译题：请将以下句子翻译成英文。
法律英语试卷
1. To discuss the differences between the civil law system and the common law system.ⅠThe original places are different. The civil law system originated in ancient Rome, and the commonlaw system originated in England.ⅡThe main traditional source of the common law is cases, while the main traditional source of thecivil law is legislation.ⅢThe civil law system pays more attention to substantive law; the common law system pays moreattention to procedural rules.ⅣThe classification of law is different. The civil law is separated into public law and private law, thecommon law is separated into common law and equity.ⅤSince theory and doctrines is important in legal education of civil law system, professor plays animportant role in legal education. on the contrary, cases is the main source of common law, thus thejudge's decision is more important.ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take arelatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the powerto investigate the case and inquire the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teaching.ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree. ⅡThe teaching methodIn USA, the teaching method is case method or Socratic method, students instead of theprofessors play an active role in the class.In China, the professor exposes the law to his students, who take notes and do not intervene inclass.ⅢCases vs. DoctrinesIn the USA, students' textbook contains lots of cases and decisions made by the judges.In China, The textbook involves many doctrines, concepts and theories.3.To discuss the main features of the American court systemThere are fifty-two court systems in the U.S. each state has its own system of courts, one for theDistrict of Columbia and a federal system.In the state court systems, court structures vary from state to state. But they all exhibit ahierarchical structure; decisions of lower courts may be reviewed by higher courts. A state systemincludes:1) Trial courts of inferior jurisdiction2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil litigations involving small amounts of money andminor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds ofcases.Every case should first be heard at the trial court. Then it can be appealed to the appellate court.Every state has its court of last resort.The structure of the federal system is similar. There are three levels of courts:(1) U.S. district courts(2) U.S. courts of appeals(3) the United States Supreme Court. Not like the other courts in federal systems which arecreated by congress, the Supreme Court is created by Constitution. There are a few specializedfederal courts4.To discuss the significance of jurisdiction.First, it can enable the participants to institute a legal proceeding in a specific way.Next, it makes justice understand the whole case easily. It is convenient for the parties take part in6/ 1the litigation.Finally, save legal resources and smooth the legal proceedings.5. To discuss the main characteristics of case law.it can ensure the consistence of decisions .Known also as the principle of stare dicisis. Past judicial decisions are formally and generallybinding for similar cases.Some precedents have greater weight than others. The weight of precedent is affected by theranking of court that decided it.Once a prior decision has been overruled, it continues to bind the particular parties; it is no longerauthoritative to the subsequent cases.a court is not bound to follow another state's precedents, but it will consider the outstatedecisions and, if their reasoning is persuasive, it can make use of them.6. To discuss the significance of case Marbury vs. Madison.it is a landmark case in the United States. It formed the basis for the exercise of judicial review.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to theplaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediateconcerns of the Republicans and sidestepped the controversy, but the great significance of the caselay in the Court's assumption that it has the final authority to determine whether any act isconstitutional., thus, profoundly enhancing the Court's authority.the case was the first strong pronouncement of the principle of judicial review, which is the powerof the Court to examine legislation and other acts of Congress.In a word, the case established the principle of judicial review , which has been a permanent andindispensable feature of United States constitutional system.So the constitutional scholars, by consensus, regard the case as the most important case theSupreme Court ever has decided.7. The main differences between substantive law and procedural law. Procedural law define the form and method by which legal rights are enforced. While substantivelaw define the legal rights themselves.The differences are as follows:ⅠThey contain different rules and substances.Substantive law provides for the rules about duties or rights. While procedural law sets rules aboutform or method.ⅡAlthough “pure”substantive rules and “pure”procedural rules exist, many rules are a mixture ofboth substance and procedure. Some rules seem to be procedural are adopted for substantivereasons; likewise, some rules seem to be substantive are adopted for procedural reasons. Ⅲprocedural law generally have more efficiency considerations.8. Whether the death penalty should be abolished in America.The Court points out that the use of the death penalty has a long history of acceptance both in theUS and in England , and it is apparent from the Constitution that the existence of capital punishmentwas accepted by the Framers. In the mean time we should assure that death penalty will not bewantonly imposed.it can be justified from the following grounds:(i) as a means of retribution against severe crimes(ii) as a deterrent to others;(iii) to prevent the criminal from re-offending;(iv) it's cheaper than keeping people in prison. It is not humanitarian . Opponents may argue:(i) killing someone is always wrong, and two wrongs can never make a right; 6/ 2(v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong .9. To discuss the importance of Miranda warningMiranda warning is a warning that is required to be given by police in the United States to criminalsuspects in police custody before they are interrogated to inform them about their constitutional rightsIt includes the right toremain silent; being clearly informed of that anything the person says will beused against that person in court; the right to consult with an attorney and to have that attorneypresent during questioning, if he or she is indigent, an attorney will be provided at no cost to representher or him.1.Miranda warning guarantees the constitutional rights of suspects during the criminalinvestigation. Those rights are mainly from the fifth and sixth amendments. 2.Due to this warning , suspects are well aware of their rights ,therefore, they can prevent thepolice from harming their legal rights.3.Miranda warning also help the suspects understand that he does not havethe responsibility toself-incriminate.4.It guarantees that an indigent suspect has access to the help of an attorney. In this sense,whether the suspects are poor or not, they will receive equitable treatment. 10. To discuss the function of voir direThe voir dire is the process used to select a jury.The prospective jurors are questioned about their backgrounds and potential biases before beingchosen into a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by twomethods: peremptory challenge: exclude a juror without having to specify a reason.and the challenge for cause.: we must demonstrate that the individual cannot be impartial orcannot handle the responsibility of making a rational decision.Jurors can be excluded by these reasons:1)have already formed an opinion about the guilt or innocence of the accused;2)are related to any of the parties or legal actors in the case;3)are physically or mentally impaired to the extent that the impairment will interfere with theirdecision-making process or4) are considered to be incapable of remaining impartial until the case is presented.11. To discuss what the appellate courts focus on and whether it is properAppellate courts review the action of the lower judicial tribunals. Actually, the scope of judicialreview is relatively narrow; it does not retry the case on the merits, and it does not substitute its idea ofjustice for those of the trial court; what it does is to review the record of the proceedings to determinewhether the lower court committed error on its procedure or in applying the substantive law to the factsof the case.They will only look at such documents: the pleadings, the transcript of testimony, the exhibitsentered into trial and the trial court's decisions. No additional testimony is taken. No new evidence issubmitted.In most states, there are two kinds of appellate court, the intermediate appellate court and thecourt of last resort. If everyone appeals their cases to a higher court, the appellate courts'workload will be tremendous, therefore, it is necessary to set up an intermediate appellate court.In my opinion, it is necessary to restrict the scope of judicial review. If the appellate courts retryevery case, it would be a waste of judicial resources and make them unable to give their full attentionto the novel and socially important controversies.12. What's the differences between the torts and crimes? ⅠNatureA crime is considered to be a wrong against the whole society, whereas a tort is a wrong againstan individual.6/ 3ⅡThe persons who actually prosecute the case.When crimes occur, State prosecutors/district attorneys. For tort claims, the injured party willprosecute the case. ⅢPunishmentsOne who commits a crime may be subject to such punishments as death penalty, imprisonment,forfeiture and fines. Except for fines, the above remedies are not available in tort law; compensatorydamages and punitive damages are the most common punishments. However, some acts or omissions may be both criminal offenses and tortious ones. For instance, ifone individual intentionally punches somebody, a crime may be committed, and the injured party willsue the defendant in a civil action.13. To discuss the process of the creation of case lawAs the name “case law”suggests, a collection of particular decisions, generate rules of generalapplication, namely case law.From the point of view of parties to a lawsuit, what matters is the immediate outcome. However, inthe view of judges, lawyers, the decisions take on broader perspective. Later judges will look to prior,similar decisions.It is a feature of the common law system that past judicial decisions are formally and generallybinding for the disposition of similar present controversies. However, if a former decision has beenoverruled by a higher court, it is no longer authoritative to subsequent cases.A series of decisions of former cases does not of course in itself constitute a system of law. Butrules of law arise sooner or later out of such decisions. When such rules are taken as normative forfuture disputes, we have a legal system of precedent.There is also another factor affecting this process: sense of justice requires that all men aretreated alike in like circumstances.14. To discuss the differences between the binding precedents and persuasive precedentsBinding precedent is the precedent that a court must follow (it is law). There are two requirementsmust be met: these former decisions are in the same jurisdiction as that court. And the courts whichrendered these decisions are in the same level as that court or higher.In contrast, persuasive precedent is precedent that a court need not follow (it is not law, maybe persuasive because it suggests a line of reasoning and can be made use of as guidance andjustification). All prior judicial decisions outside of that court's jurisdiction or from a lower court areconsidered to be persuasive only.15. To discuss the different roles of judge and attorneys in courtFirst of all, judges have authority to decide questions of law and fact in civil law system and onlyquestion of law in common law system. Attorneys only have right to show their evidence to convincethe judges, but can't decide cases at last.Second, the status is different. Judges have educational background, experiences and power todecide cases finally. So judges are more respectable and get more honor in court. Attorneys are legalpractitioner, only can advise judge and jury how to decide cases. So they are inferior to judges incourt.16. To discuss whether it is reasonable to choose common people as jurorsIt is reasonable to choose common people as jurors.With the participation of common people, the trial will become more impartial, because it's moredifficult to bribe the jurors than the judges.We can avoid the professional prejudice of the judges in the trial, which is formed in the long-termadjudication.It also reflects the democratization in the judicial system.But common people may be too emotional and sensitive. These will affect their judgments about a6/ 4specific case.Compared with experts, they are easier to be misled by lawyers.17. To discuss the differences between motive and intentMotive and intent have different legal meanings.ⅠMotive is the cause or reason that moves the will and induces action. It represents the stimulus forbehavior. Intent relates to the state of mind at the time of the commission of the unlawful act.Ⅱthe prosecutor is not required to prove the defendant's motive for behavior and the failure to do sodoes not mean the jury will vote for acquittal.And failures to establish an unlawful intent almost certainly result in acquittal.Ⅲthe motive may help to establish a justifiable reason for the illegal behavior. But a good motive doesnot necessarily acquit the suspect.18. To discuss the significance of the case Furman vs. GeorgiaIt is a mile stone in American history of death penalty. Before this case, capital punishment waswidely accepted. After this case, roughly two-thirds of the states promptly redrafted their capitalsentencing statutes.As the justice Marshall pointed out, the burden of capital punishment falls upon the poor, theunderprivileged people, who are least able to voice their complaint. After this case, situation haschanged; it is a big stride towards equity.As we all know, death penalty differs from other punishments because of its severity and it isirrevocable.Although the U.S. did not abolish the death penalty, this case makes the capital punishmentimposed in a strict way.The death penalty can no longer be imposed in an arbitrary or capricious manner.19. To discuss the importance of due process in criminal procedure.Due process means that accused person in criminal cases must be accorded certain rights and theywill be tried according to legal procedures.Importance:1.it is based on such a premise that freedom is so valuable, we must protect it from illegal invasion.2. protect the defendants against having to self-incriminate, being subjected to double jeopardy.Guarantee the trial is evenhanded to a large extent.3. as we know, it is better to free guilty persons than to convict innocent ones. Safeguarding the rightsof the citizenry.4. it's helpful to establish an elaborate legal system in order to minimize wrongful results.5.place limitations on government's power to investigate and apprehend persons suspected ofcommitting crimes.20. To discuss the difference between information, complaint and indictment.the bill of information is an accusation presented directly by the prosecutor without a grand juryindictment. . If the magistrate accepts the information, the defendant is bound over for trial.The complaint, a legal document in which the plaintiff gives the facts and reasons for the suit..An indictment is a formal accusation that identifies the specific charges against a suspect.Difference:Compared with information, complaint is often associated with misdemeanor criminal chargespresented by the prosecutor without the grand jury process.2. Both information and complaint are presented by prosecutors, who file a charging documentdirectly with the court, while indictment must be made by grand jury.21. To discuss the difference between verdict , judgment and sentencingFirst of all, verdict is used to solve substantive issues; judgment can solve both substantive andprocedural issues.6/ 5second，in one case, there is only one judgment , but maybe many verdicts, besides, judgment can only be rendered in written, however, written and oral verdict are bothappropriate.if the accused is found guilty, the sentencing stage follows.22. to explain the difference between the proof by preponderance of evidence and proofbeyond a reasonable doubtPreponderance of evidence is based on all of the evidence presented. On this standard, we mayestablish such belief that it is more likely than not that the individual has committed a crime.This standard is used in some jurisdictions for preliminary hearing and issuance of information.However, proof beyond a reasonable doubt considers all evidence. On this standard, we believethat the individual is clearly guilty; we can use the evidence to convict a suspect.23. To discuss the main characteristics of adversary system1. requires the parties to begin the lawsuit, define the issues, develop proof in support of theirpositions, present that proof to a court.2.the parties try to present their evidence in the best possible light and the opponent's evidence inthe worst possible light.3.this system assumes that parties will develop and present their cases more efficiently than apublic agent with no interest in the outcome.wyers act as advocates for the parties.5.it also assumes that the financial resources available to each side are relatively equal.6.the judge's role is reactive. He play a limited, nonintrusive role in the investigation and litigation.Defect:7.but the parties may tend to mislead the judge8.different lawyers have different competence.24. To discuss a lawyer's work before actually filing a complaintThe “client,”when he first comes to a lawyer, does not have a case; he has a problem. Thelawyer's first task is to ascertain “the facts.”This task is crucial, and it is not as easy as it sounds, evenin simple situations. Clients are prone to misunderstanding, misimpression, and faulty recollection.Sometimes clients lie, and even when they aim at the truth.Next, you will need to determine if these facts state a claim under the applicable law. In manyinstances, the existence of a legal violation will be clear. But in other cases, it is not.At last, if you are satisfied that the facts can be proved, and they constitute a legal violation ,youwill now have to determine in what court you will “bring your action.”6/ 6。
美国法学院入学考试LSAT阅读真题11(含答案)
美国法学院入学考试LSAT阅读真题11（含答案）SECTION IIITime 35 minutes 26 QuestionsDirections: Each passage in this section is followed by a group of questions to be answered on the basis of what is stated or implied in the passage. For some of the questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question, and blacken the corresponding space on your answer sheet.Immigrants’adoption of English as their primary language is one measure of assimilation into the larger United States society. Generally languages define social groups and provide justification for social structures. Hence, a distinctive language sets a cultural group off from the dominant language group. Throughout United States history this pattern has resulted in one consistent, unhappy consequence, discrimination against members of the cultural minority. Language differences provide both a way to rationalize subordination and a ready means for achieving it.Traditionally, English has replaced the native language of immigrant groups by the second or third generation. Some characteristics of today’s Spanish-speaking population, however, suggest the possibility of a departure from this historical pattern. Many families retain ties in Latin America and move back and forth between their present and former communities. This “revolving door”phenomenon, along with the high probability of additional immigrants from the south, means that large Spanish-speaking communities are likely to exist in the United States for the indefinite future.This expectation underlies the call for national support for bilingual education inSpanish-speaking communities’public schools. Bilingual education can serve different purposes, however. In the 1960s, such programs were established to facilitate the learning of English so as to avoid disadvantaging children in their other subjects because of their limited English. More recently, many advocates have viewed bilingual education as a means to maintain children’s native languages and cultures. The issue is important for people with different political agendas, from absorption at one pole to separatism at the other.To date, the evaluations of bilingual education’s impact on learning have been inconclusive. The issue of bilingual education has, nevertheless, served to unite the leadership of the nation’s Hispanic communities. Grounded in concerns about status that are directly traceable to the United States history of discrimination against Hispanics, the demand for maintenance of the Spanish language in the schools is an assertion of the worth of a people and their culture. If the United States is truly a multicultural nation—that is, if it is one culture reflecting the contributions of many—this demand should be seen as a demand not for separation but for inclusion.More direct efforts to force inclusion can be misguided. For example, movements to declare English the official language do not truly advance the cohesion of a multicultural nation. They alienate the twenty million people who do not speak English as their mother tongue. They are unnecessary since the public’s business is already conducted largely in English. Further, given the present state of understanding about the effects of bilingual education on learning, it would beunwise to require the universal use of English. Finally, it is for parents and local communities to choose the path they will follow, including how much of their culture they want to maintain for their children.1. It can be inferred from the passage that one of the characteristics of immigrant groups to the United States has traditionally been that, after immigration, relatively few members of the group(A) became politically active in their new communities(B) moved back and forth repeatedly between the United States and their former communities(C) used their native languages in their new communities(D) suffered discrimination in their new communities at the hands of the cultural majority(E) sought assimilation into the dominant culture of the new communities they were entering2. The passage suggests that one of the effects of the debate over bilingual education is that it has(A) given the Hispanic community a new-found pride in its culture(B) hampered the education of Spanish-speaking students(C) demonstrated the negative impact on imposing English as the official United States language(D) provided a common banner under which the Spanish-speaking communities could rally(E) polarized the opinions of local Spanish-speaking community leaders3. In lines 38-39, the phrase “different political agendas”refers specifically to conflicting opinions regarding the(A) means of legislating the assimilation of minorities into United States society(B) methods of inducing Hispanics to adopt English as their primary language(C) means of achieving nondiscriminatory education for Hispanics(D) official given responsibility for decisions regarding bilingual education(E) extent to which Hispanics should blend into the larger United States society4. In lines 64-65 the author says that “It would be unwise to require the universal use of English.”One reason for this, according to the author, is that(A) it is not clear yet whether requiring the universal use of English would promote or hinder the education of children whose English is limited(B) the nation’s Hispanic leaders have shown that bilingual education is most effective when it includes the maintenance of the Spanish language in the schools(C) requiring the universal use of English would reduce the cohesion of the nation’s Hispanic communities and leadership(D) the question of language in the schools should be answered by those who evaluate bilingual education, not by people with specific political agendas(E) it has been shown that bilingual education is necessary to avoid disadvantaging in their general learning children whose English is limited5. In the last paragraph, the author of the passage is primarily concerned with discussing(A) reasons against enacting a measure that would mandate the forced inclusion of immigrant groups within the dominant United culture(B) the virtues and limitations of declaring English the official language of the United States(C) the history of attitudes within the Hispanic community toward bilingual education in theUnited States(D) the importance for immigrant groups of maintaining large segments of their culture to pass on to their children(E) the difference in cultures between Hispanics and other immigrant groups in the United States参考答案：1-5 BDEAAThe refusal of some countries to extradite persons accused or convicted of terrorist act has focused attention on the problems caused by the political offense exception to extradition. Extradition is the process by which one country returns an accused or convicted person found within its borders to another country for trial or punishment. Under the political offense exception, the requested state may, if it considers the crime to be a “political offense,”deny extradition to the requesting state.Protection of political offenses is a recent addition to the ancient practice of extradition. It is the result of two fundamental changes that occurred as European monarchies were replaced by representative governments. First, these governments began to reject what had been a primary intent of extradition, to expedite the return of political offenders, and instead sought to protect dissidents fleeing despotic regimes. Second, countries began to contend that they had no legal or moral duty to extradite offenders without specific agreements creating such obligations. As extradition laws subsequently developed through international treaties, the political offense exception gradually became an accepted principle among Western nations.There is no international consensus, however, as to what constitutes a political offense. For analytical purposes illegal political conduct has traditionally been divided into two categories. “Pure”political offenses are acts perpetrated directly against the government, such as treason and espionage. These crimes are generally recognized as nonextraditable, even if not expressly excluded from extradition by the applicable treaty. In contrast, common crimes, such as murder, assault, and robbery, are generally extraditable. However, there are some common crimes that are so inseparable from a political act that the entire offense is regarded as political. These crimes, which are called “relative”political offenses, are generally nonextraditable. Despite the widespread acceptance of these analytic constructs, the distinctions are more academic than meaningful. When it comes to real cases, there is no agreement about what transforms a common crime into a political offense and about whether terrorist acts fall within the protection of the exception. Most terrorists claim that their acts do fall under this protection.Nations of the world must now balance the competing needs of political freedom and international public order. It is time to reexamine the political offense exception, as international terrorism eradicates the critical distinctions between political offenses and nonpolitical crimes. The only rational and attainable objective of the exception is to protect the requested person against unfair treatment by the requesting country. The international community needs to find an alternative to the political offense exception that would protect the rights of requested persons and yet not offer terrorists immunity from criminal liability.6. In the passage, the author primarily seeks to(A) define a set of terms(B) outline a new approach(C) describe a current problem(D) expose an illegal practice(E) present historical information7. According to the passage, when did countries begin to except political offenders from extradition?(A) when the principle of extraditing accused or convicted persons originated(B) when some nations began refusing to extradite persons accused or convicted of terrorist acts(C) when representative governments began to replace European monarchies(D) when countries began to refuse to extradite persons accused or convicted of common crimes(E) when governments began to use extradition to expedite the return of political offenders8. Given the discussion in the passage, which one of the following distinctions does the author consider particularly problematic?(A) between common crimes and “relative”political offense(B) between “pure”political offenses and common crimes(C) between “pure”political offenses and “relative”political offenses(D) between terrorist acts and acts of espionage(E) between the political offense exception and other exceptions to extradition9. According to the author, the primary purpose of the political offense exception should be to(A) ensure that terrorists are tried for their acts(B) ensure that individuals accused of political crimes are not treated unfairly(C) distinguish between political and nonpolitical offenses(D) limit extradition to those accused of “pure”political offenses(E) limit extradition to those accused of “relative”political offenses10. It can be inferred from the passage that the author would agree with which one of the following statements about the political offense exception?(A) The exception is very unpopular.(B) The exception is probably illegal.(C) The exception is used too little.(D) The exception needs rethinking.(E) The exception is too limited.11. When referring to a balance between “the competing needs of political freedom and international public order”(lines 54-55) the author means that nations must strike a balance between(A) allowing persons to protest political injustice and preventing them from committing political offenses(B) protecting the rights of persons requested for extradition and holding terrorists criminally liable(C) maintaining the political offense exception to extradition and clearing up the confusion over what is a political offense(D) allowing nations to establish their own extradition policies and establishing anagreed-upon international approach to extradition(E) protecting from extradition persons accused of “pure”political offenses and ensuring the trial of persons accused of “relative”political offenses12. The author would most likely agree that the political offense exception(A) has, in some cases, been stretched beyond intended use(B) has been used too infrequently to be evaluated(C) has been a modestly useful weapon again terrorism(D) has never met the objective for which it was originally established(E) has been of more academic than practical value to political dissidents13. Which one of the following, if true, would give the author most cause to reconsider her recommendation regarding the political offence exception (lines 62-66)?(A) More nations started refusing to extradite persons accused or convicted of terrorist acts.(B) More nations started extraditing persons accused or convicted of treason, espionage, and other similar crimes.(C) The nations of the world sharply decreased their use of the political offense exception protect persons accused of each of the various types of “pure”political offenses.(D) The nations of the world sharply decreased their use of the political offense exception to protect persons accused of each of the various types of “relative”political offenses.(E) The nations of the world started to disagree over the analytical distinction between “pure”political offenses and “relative”political offenses.参考答案：6-13 CCABDBADAs is well known and has often been described, the machine industry of recent times took its rise by a gradual emergence out of handicraft in England in the eighteenth century. Since then the mechanical industry has progressively been getting the upper hand in all the civilized nations, in much the same degree in which these nations have come to be counted as civilized. This mechanical industry now stands dominant at the apex of the industrial system.The state of the industrial arts, as it runs on the lines of the mechanical industry, is a technology of physics and chemistry. That is to say, it is governed by the same logic as the scientific laboratories. The procedure, the principles, habits of thought, preconceptions, units of measurement and of valuation, are the same in both cases.The technology of physics and chemistry is not derived from established law and custom, and it goes on its way with as nearly complete a disregard of the spiritual truths of law and custom as the circumstances will permit. The realities with which this technology is occupied are of another order of actuality, lying altogether within the three dimensions that contain the material universe, and running altogether on the logic of material fact. In effect it is the logic of inanimate facts.The mechanical industry makes use of the same range of facts handled in the same impersonal way and directed to the same manner of objective results. In both cases alike it is of the first importance to eliminate the “personal equation,”to let the work go forward and let the forces at work take effect quite objectively, without hindrance or deflection for any personal end, interest, or gain. It is the technician’s place in industry, as it is the scientist’s place in the laboratory, to serve as an intellectual embodiment of the forces at work, isolate the forces engaged from all extraneous disturbances, and let them take full effect along the lines of designed work. The technician is an active or creative factor in the case only in the sense that he is the keeper of the logic which governs the forces at work.These forces that so are brought to bear in mechanical industry are of an objective, impersonal, unconventional nature, of course. They are of the nature of opaque fact. Pecuniarygain is not one of these impersonal facts. Any consideration of pecuniary gain that may be injected into the technician’s working plans will come into the case as an intrusive and alien factor, whose sole effect is to deflect, retard, derange and curtail the work in hand. At the same time considerations of pecuniary gain are the only agency brought into the case by the businessmen, and the only ground on which they exercise a control of production.14. The author of the passage is primarily concerned with discussing(A) industrial organization in the eighteenth century(B) the motives for pecuniary gain(C) the technician’s place in mechanical industry(D) the impersonal organization of industry(E) the material contribution of physics in industrial society15. The author of the passage suggests that businessmen in the mechanical industry are responsible mainly for(A) keeping the logic governing the forces at work(B) managing the profits(C) directing the activities of the technicians(D) employing the technological procedures of physics and chemistry(E) treating material gain as a spiritual truth16. Which one of the following, if true, would contradict the author’s belief that the role of technician is to be “the keeper of the logic”(lines 45-46)?(A) All technicians are human beings with feelings and emotions.(B) An interest in pecuniary gain is the technician’s sole motive for participation in industry.(C) The technician’s working plans do not coincide with the technician’s pecuniary interests.(D) Technicians are employed by businessmen to oversee the forces at work.(E) Technicians refuse to carry out the instructions of the businessmen.17. The author would probably most strongly agree with which one of the following statements about the evolution of the industrial system?(A) The handicraft system of industry emerged in eighteenth-century England and was subsequently replaced by the machine industry.(B) The handicraft system of industrial production has gradually given rise to a mechanistic technology that dominates contemporary industry.(C) The handicraft system emerged as the dominant factor of production ineighteenth-century England but was soon replaced by mechanical techniques of production.(D) The mechanical system of production that preceded the handicraft system was the precursor of contemporary means of production.(E) The industrial arts developed as a result of the growth of the mechanical industry that followed the decline of the handicraft system of production.18. Which one of the following best describes the author’s attitude toward scientific techniques?(A) critical(B) hostile(C) idealistic(D) ironic(E) neutral参考答案：14-18 DBBBE(This passage was originally published in 1905)The word democracy may stand for a natural social equality in the body politic or for a constitutional form of government in which power lies more or less directly in the people’s hand. The former may be called social democracy and the later democratic government. The two differ widely, both in origin and in moral principle. Genetically considered, social democracy is something primitive, unintended, proper to communities where there is general competence and no marked personal eminence. There be no will aristocracy, no prestige, but instead an intelligent readiness to lend a hand and to do in unison whatever is done. In other words, there will be that most democratic of governments—no government at all. But when pressure of circumstances, danger, or inward strife makes recognized and prolonged guidance necessary to a social democracy, the form its government takes is that of a rudimentary monarchy established by election or general consent. A natural leader emerges and is instinctively obeyed. That leader may indeed be freely criticized and will not be screened by any pomp or traditional mystery; he or she will be easy to replace and every citizen will feel essentially his or her equal. Yet such a state is at the beginnings of monarchy and aristocracy.Political democracy, on the other hand, is a late and artificial product. It arises by a gradual extension of aristocratic privileges, through rebellion against abuses, and in answer to restlessness on the people’s part. Its principle is not the absence of eminence, but the discovery that existing eminence is no longer genuine and representative. It may retain many vestiges of older and less democratic institutions. For under democratic governments the people have not created the state; they merely control it. Their suspicions and jealousies are quieted by assigning to them a voice, perhaps only a veto, in the administration. The people’s liberty consists not in their original responsibility for what exists, but merely in the faculty they have acquired of abolishing any detail that may distress or wound them, and of imposing any new measure, which, seen against the background of existing laws, may commend itself from time to time to their instinct and mind.If we turn from origins to ideals, the contrast between social and political democracy is no less marked. Social democracy is a general ethical ideal, looking to human equality and brotherhood, and inconsistent, in its radical form, with such institutions as the family and hereditary property. Democratic government, on the contrary, is merely a means to an end, an expedient for the better and smoother government of certain states at certain junctures. It involves no special ideals of life; it is a question of policy, namely, whether the general interest will be better served by granting all people an equal voice in elections. For political democracy must necessarily be a government by deputy, and the questions actually submitted to the people can be only very large rough matters of general policy or of confidence in party leaders.19. The author suggests that the lack of “marked personal eminence”(line 11) is an important feature of a social democracy because(A) such a society is also likely to contain the seeds of monarchy and aristocracy(B) the absence of visible social leaders in such a society will probably impede the development of a political democracy(C) social democracy represents a more sophisticated form of government than political democracy(D) a society that lacks recognized leadership will be unable to accomplish its culturalobjectives(E) the absence of visible social leaders in such a community is likely to be accompanied by a spirit of cooperation20. Which one of the following forms of government does the author say is most likely to evolve from a social democracy?(A) monarchy(B) government by deputy(C) political democracy(D) representative democracy(E) constitutional democracy21. The author of the passage suggests that a political democracy is likely to have been immediately preceded by which one of the following forms of social organization?(A) a social democracy in which the spirit of participation has been diminished by the need to maintain internal security(B) an aristocratic society in which government leaders have grown insensitive to people’s interests(C) a primitive society that stresses the radical equality of all its members(D) a state of utopian brotherhood in which no government exists(E) a government based on general ethical ideals22. According to the passage, “the people’s liberty”(line 42) in a political democracy is best defined as(A) a willingness to accept responsibility for existing governmental forms(B) a myth perpetrated by aristocratic leaders who refuse to grant political power to their subjects(C) the ability to impose radically new measures when existing governmental forms are found to be inadequate(D) the ability to secure concessions from a government that may retain many aristocratic characteristics(E) the ability to elect leaders whom the people consider socially equal to themselves23. According to the author of this passage, a social democracy would most likely adopt a formal system of government when(A) recognized leadership becomes necessary to deal with social problems(B) people lose the instinctive ability to cooperate in solving social problems(C) a ruling monarch decides that it is necessary to grant political concessions to the people(D) citizens no longer consider their social leaders essentially equal to themselves(E) the human instinct to obey social leaders has been weakened by suspicion and jealousy24. According to the passage, which one of the following is likely to occur as a result of the discovery that “existing eminence is no longer genuine and representative”(lines 35-36)?(A) Aristocratic privileges will be strengthened, which will result in a further loss of the people’s liberty.(B) The government will be forced to admit its responsibility for the inadequacy of existing political institutions.(C) The remaining vestiges of less democratic institutions will be banished from government.(D) People will gain political concessions from the government and a voice in the affairs ofstate.(E) People will demand that political democracy conform to the ethical ideals of social democracy.25. It can be inferred from the passage that the practice of “government by deputy”(line64) in a political democracy probably has its origins in(A) aristocratic ideals(B) human instincts(C) a commitment to human equality(D) a general ethical ideal(E) a policy decision26. Which one of the following statements, if true, would contradict the author’s notion of the characteristics of social democracy?(A) Organized governmental systems tend to arise spontaneously, rather than in response to specific problem situations.(B) The presence of an organized system of government stifles the expression of human equality and brotherhood.(C) Social democracy represents a more primitive form of communal organization than political democracy.(D) Prolonged and formal leadership may become necessary in a social democracy when problems arise that cannot be resolved by recourse to the general competence of the people.(E) Although political democracy and social democracy are radically different forms of communal organization, it is possible for both to contain elements of monarchy.参考答案：19-26 EABDADEA。
法律英语模拟试题及答案
法律英语模拟试题及答案一、选择题（每题2分，共20分）1. Which of the following is NOT a fundamental principle of contract law?A. Offer and acceptanceB. ConsiderationC. Promissory estoppelD. Mistake of fact2. The term "tort" refers to:A. A breach of contractB. A civil wrongC. A criminal actD. A legal document3. In the context of criminal law, "actus reus" refers to:A. The guilty mindB. The criminal actC. The harm causedD. The punishment imposed4. Which of the following is a type of intellectual property?A. A patentB. A copyrightC. A trademarkD. All of the above5. "Jurisdiction" in legal terms means:A. The power to make a legal decisionB. The area over which the law appliesC. The process of suing someoneD. The legal profession6. A "fiduciary duty" is an obligation that arises when:A. A contract is breachedB. A crime is committedC. A trust is establishedD. A lawsuit is filed7. The doctrine of "res ipsa loquitur" is used to establish:A. The defendant's intentB. The plaintiff's negligenceC. The defendant's negligenceD. The plaintiff's damages8. "Precedent" in legal terms refers to:A. A previous legal decision that can be used to decide similar casesB. A legal principle that is universally acceptedC. A legal document that sets out the facts of a caseD. A legal argument that has been accepted by a court9. A "class action" is a lawsuit brought by:A. A single plaintiff on behalf of a group of peopleB. A group of plaintiffs on behalf of a single personC. A group of plaintiffs on behalf of themselves and othersD. A single plaintiff on behalf of themselves only10. "Probate" is the legal process of:A. Filing a lawsuitB. Administering an estate after deathC. Determining the validity of a willD. Both B and C二、填空题（每题1分，共10分）11. The legal term "_____" refers to the act of formally charging someone with a crime.12. A "_____" is a legal document that outlines the terms and conditions of an agreement between parties.13. "_____" is the legal principle that states that a person cannot be tried or punished twice for the same offense.14. "_____" is a legal remedy that requires the defendant to perform a specific act or to stop performing a certain act.15. "_____" is the process by which a person is released from prison before the end of their sentence, usually under supervision.16. "_____" refers to the legal responsibility to act primarily for the benefit of another person or entity.17. "_____" is a legal term for the right to use a public way for specific purposes, such as crossing another's land.18. "_____" is the legal principle that a person is innocent until proven guilty.19. "_____" is a legal document that provides evidence of a person's identity and citizenship.20. "_____" is the legal process of formally ending a marriage.三、简答题（每题5分，共30分）21. Define "due diligence" in the context of a legaltransaction.22. Explain the concept of "estoppel" in contract law.23. What is the difference between "assault" and "battery" in criminal law?24. Describe the purpose of a "non-compete agreement" in employment law.四、案例分析题（每题5分，共20分）25. John offers to sell his car to Mary for $10,000. Mary agrees to buy the car but later discovers that the car has a serious engine problem that John knew about but did not disclose. Analyze the situation using the principles of contract law.26. Alice is walking her dog in a public park. A stranger, Bob, suddenly throws a rock at the dog, causing it to run away. Alice sues Bob for the emotional distress she suffered as a result. Discuss the legal issues involved in this case.27. Company X is accused of patent infringement by Company Y. Company X claims that they were not aware of the patent and had conducted a thorough search before developing their product. What legal defense might Company X use?28. Jane is a minor who signed a contract with a company to star in a television show. Later, Jane decides she does not want to participate and wants to void the contract. Whatlegal considerations might apply to Jane's situation?五、论述题（每题15。
法律英语试卷试题及答案
法律英语试卷试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a legal term?A. ContractB. TortC. EquityD. Agreement2. The term "pro se" refers to a person who represents themselves in a legal proceeding without the assistance of an attorney. True or False?3. What does the abbreviation "LLC" stand for in the context of business law?A. Limited Liability CompanyB. Large Legal ContractC. Local Legal CouncilD. Legal Liability Certificate4. Which of the following is a type of legal document?A. MemorandumB. Memorandum of Understanding (MOU)C. Both A and BD. Neither A nor B5. The principle of "stare decisis" is most closely associated with which legal system?A. Civil lawB. Common lawC. Religious lawD. International law6. What is the term for the legal process of resolving disputes outside the court system?A. LitigationB. MediationC. ArbitrationD. Negotiation7. In the context of intellectual property law, "patent" refers to:A. A right to exclude others from making, using, or selling an inventionB. A document that grants ownership of a work of literature or artC. A legal document that protects a brand name or logoD. A license to practice a profession8. Which of the following is a fundamental principle of criminal law?A. Presumption of innocenceB. Right to a fair trialC. Both A and BD. Neither A nor B9. The term "precedent" in legal English refers to:A. A legal principle or rule established in a previous case that is binding in courtB. A document that outlines the facts of a caseC. A legal agreement between partiesD. A formal request for a court to review a case10. What does the term "actus reus" mean in criminal law?A. The guilty mindB. The wrongful actC. The criminal intentD. The legal defense二、填空题（每空1分，共10分）11. In legal English, "due process" refers to the fundamental legal rights that must be observed to ensure a fair trial.- The term "due process" is derived from the Latin phrase "due process of law."12. A "writ" is a formal written order issued by a court, typically directed to someone other than the parties in a case.- An example of a writ is a "writ of _habeas corpus_."13. The term "negligence" in tort law refers to the failure to exercise the degree of care that a reasonable person would exercise in the same situation to prevent harm to others.- In order to establish negligence, a plaintiff must prove the defendant's duty of care, breach of that duty, causation, and _damages_.14. "Probate" is the legal process by which a will is proved to be valid or invalid.- The court that oversees probate proceedings is known as the _probate court_.15. "Jurisdiction" refers to the authority of a court to hear and decide cases.- There are different types of jurisdiction, including_personal jurisdiction_, subject matter jurisdiction, and territorial jurisdiction.三、简答题（每题5分，共20分）16. Define "actus reus" and "mens rea" in the context of criminal law.17. Explain the concept of "joint and several liability" in tort law.18. What is the difference between "specific performance" and "damages" as remedies in contract law?19. Describe the process of "discovery" in civil litigation.四、案例分析题（每题15分，共30分）20. Case Study: A company has been accused of patent infringement. The company argues that they were not aware of the patent and therefore should not be held liable. Discuss the legal principles that may apply to this case and the possible outcomes.21. Case Study: A tenant has been evicted from their apartment without proper notice. The tenant claims that the eviction was unlawful. Analyze the relevant legal provisions and discuss the tenant's potential remedies.五、论述题（共20分）22. Discuss the role of language in legal interpretation and the challenges it presents. Provide examples to support your argument.参考答案：一、选择题1-5: D T A B B6-10: B C A B B二、填空题11. "due process of law"。
法律英语试题
法律英语试题库说明：法律英语试题库共分两部分，第一部分为普通法律英语部分，侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。
第二部分为涉外法律英语部分，侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。
Part One：普通法律英语部分I．Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit).( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 2A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution( )11. Laws or written rules which are passed by Parliament and implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, and adjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carrying laws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A．separate property F. adulteryB．bigamy G. beneficiaryC．custody H. separationD．heir I. necessariesE．nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriage during a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate to an incompetent person's station in life, yet not available or provided by parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone other than the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.。
2017考研英语阅读暑期训练：法学类(11)
2017考研英语阅读暑期训练：法学类（11）暑期集训来了，如何在暑期两个月创造出双倍的价值是每个考生想要达到的目标。
这就需要加倍的努力和科学的规划了。
英语方面的复习，大家要持续性背单词，阅读、写作及翻译要多加练习，总结方法技巧，活学活用。
下面凯程在线和大家分享法学类的阅读模拟题，大家不妨集中练习，提升阅读速度和做题技巧。
2017考研英语阅读暑期训练：法学类（11）Since 1975 advocates of humane treatment of animals have broadened their goals to oppose the use of animals for fur，leather，wool and food.They have moaned protests against all forms of hunting and the trapping of animals in the wild.And they have joined environmentalists in urging protection of natural habitats from commercial or residential development.The occasion for these added emphases was the publication in 1975 of Animal Liberation：A New Ethics for Our Treatment ofAnimals by Peter Singer，formerly a professor ofphUosophy at Oxford University in England.This book gave a new impetus to the animal rights movement.The post 1 975 animal rights activists are far more vocal than theirpredecessors，and the organizations to which they belong are generally more radical.Many new organizations are formed.The tactics of the activists are designed to catch the attention of the public.Since the mid 1 980s there have been frequent newsreports about animal rights organizations picketing stores that sell furs，harassing hunters in the wild，or breaking into laboratories to free animals.Some of the more extreme organizations advocate the use of assault，armed terrorism，and death threats to make their point.Aside from making isolated attacks on people who wear fur coats or trying to prevent hunters from killing animals，most of the organizations have directed their tactics at institutions.The results of the protests and other tactics have been panies are reducing reliance on animal testing.Medical research has been somewhat curtailed by legal restrictions and the reluctance of younger workers to use animals in research.New tests have been developed to replace the use of animals.Some well—known designers have stopped using fur.While the general public tends to agree that animals should be treated humanely，most people are unlikely to give up eating meat or wearing goods made from leather and wool. Giving up genuine fur has become less of a problem，since fibers used to makefake fur such as the Japanese invention Kanecaron can look almost identical to real fur.Some of the strongest opposition to the animal rights movement has come from hunters and their organizations.But animal rights activists have succeeded in marshaling public opinion to press for state restrictions on hunting in several parts of the nation.1.1 975 was an important year in the history of animal treatment because[A]many people began to call for humane treatment of animals that year[B]a new book was published that broadened the animal rights movement[C]the environmentalists began to show interest in animal protection[D]the trapping of animals began to go wild all through the world2.Some animal rights organizations advocate the use of extreme means in order to[A]wipe out cruel people [B]stop using animals in the laboratory[C]attack hunters in the wild [D]catch full public attention3.By saying“the results ofthe protests and other tactics have been mixed”(Line 1，Para.3)，the author means[A]the protest and other tactics have produced desired effects[B]the protest and other tactics almost amounted to nothing[C]the protest and other tactics have some influence on the public[D]the protest and other tactics have proved to be too radical4.The word“marshaling”(Line 5，Para.4)probably means[A]conducting [B]popularizing [C]changing [D]outraging5.It seems that the author ofthis article[A]is strongly opposed to the animal rights movement[B]is in favor ofthe animal rights movement[C]supports the use of violence in animal protection[D]hatestheuse offakefurfor clothes核心词汇advocate n.提倡者philosophy n.哲学predecessor n.前辈tactics n.策略identical adj.同样的oppose vt.反对impetus.促进radicaladj.激进的reliance n.依赖publication .出版vocaladj.有声的assault n.攻击fake adj.假的号召人道对待动物的倡导者们从1975年起将自己的目标扩大到反对利用动物来获取毛皮、皮革、毛织品和食品的行为。
法律英语核心教程 (第一册)unit-11
Unit 11Criminal LawTextⅠCrime and PunishmentDictionary Workoffence, omission, prosecute, compensate, concurrently, plead, felony, incarceration, mala in se, mala prohibita, inherently, fornication, sodomy, heritage, espouse (v.), notwithstanding, perpetrator, justifiable, proclaim, adhere toPre-reading Questions1.What is a crime?2.How many classifications of the crime are there as far as you know?3.What is the relationship between criminal law and punishment?Definition1For many countries one of the most serious domestic problem is crime. What is a crime? How to give it a definition?It varies from country to country and from time to time. A crime or offence is an illegal act, omission or event, whether or not it is also a tort, a breach of contract or a breach of trust, the principal consequence of which is that the offender, if he is detected and it is decided to prosecute, is prosecuted by or in the name of the State, and if he is found guilty is liable to be punished whether or not he is also ordered to compensate his victim.2 A wrong is a breach of a rule; it may be moral or legal according to whether the rule is one of morality or law. Legal wrongs may be civil or criminal, and this distinction depends upon that between civil and criminal law. The civil law is primarily concerned with the rights and duties of individuals among themselves, whereas the criminal law defines the duties which a person owes to society, but a legal wrong may be both civil and criminal.3Sometimes, the same conduct may be both a civil wrong and a crime. There are many cases in which one who commits a tort is also guilty of a crime. Assaults and collisions between vehicles are two out of numerous examples. Where a crime is also a civil wrong, criminal and civil proceedings may usually take place concurrently and the one is normally no bar to the other.4The only exception to this rule of any general importance is that, where criminal proceedings are taken in a magistrates’ court in respect of a common assault or battery by or on behalf of the party aggrieved, the defendant is released from all other proceedings, civil or criminal, for the same cause, if he obtains the magistrates’ certificate of the dismissal of the complaint or undergoes the punishment inflicted upon him. A certificate of dismissal must be issued if the magistrates decide that the offence is not proved, or if proved is so trifling as not to merit any punishment. Thepower to dismiss a case even though the offence is proved, which is peculiar to the above off ences, depends on there having been a hearing “on the merits” and this will not have occurred if the accused pleaded guilty.Criminal Law Classifications5Criminal law classifies crimes according to various criteria, including (1) the nature and degree of p enalty attached, (2) the nature and degree of “evil” involved, and (3) the kind of social harm.Felony, Misdemeanor, and Violation6 The past influences present criminal law. The great legal historian Frederic William Maitland maintained that the reasons for old classifications may have long since died, but their ghost ruel us from the grave. He meant that even when classifications have outlived their usefulness, they influence present practice. The classification that divides crimes into felonies and misdemeanors represents one example of the past ruling us from the grave. Historically, felonies were crimes punishable by death. Present law divides felonies into capital felonies and ordinary felonies. Therefore, the category includes both serial killers such as Ted Bundy at one extreme and individuals who steal £500 at the other. The breadth of its scope makes the classification largely meaningless in any sociological sense. It serves mainly as an administrative device to determine who gets the death penalty, life imprisonment, or incarceration in a state prison.7 Misdemeanors include crimes punishable either by fines or up to one year in jail. Common misdemeanors include simple assaults and battery, prostitution, and disorderly conduct. Most jurisdictions divide misdemeanors into gross misdemeanors.A third category of crime is violation. Traffic offenses fall into this group..Mala in se and Mala Prohibita8Another legal classification sorts crimes according to their perceived “evil.” This old arrangement overlaps the felony, misdemeanor, and violation categories and defines some crimes as inherently bad (the Latin mala in se). Crimes such as murder and rape fall into this category. Other behavior constitutes a crime only because the law says so (the Latin mala prohibita). Parking in a “no parking” zone is malum prohibitum.9This classification reflects American criminal law’s roots in the religious and moral codes of England and colonial America. Although frequently viewed as a preoccupation of the New England Puritans, the Anglicans of Virginia, Pennsylvania Quakers, and Maryland Catholics also infused criminal law with a moral component. The major felonies and “morals” offenses, fornication, prostitution, sodomy, gambling, and public drunkenness, descend from this religious and moral heritage.10In practice, no bright line separates mala in se and mala prohibita offenses. In fact, research demonstrates that despite legal theories espousing the distinction, and notwithstanding talk of an ethical core in the criminal law, perpetrators consider manycrimes formally classified mala in se “justifiable”-that is, a means to put right a keenly felt wrong. They believe their conduct may have been “technically” a crime, but definitely not evil. Despite these findings, legal theorists cling to the distinction.Crime, Law and Punishment11 “N o crime without law and no punishment without law” proclaim two ancient maxims governing formal criminal justice. Formally, modern criminal law adheres to these maxims in the firmly fixed principle of legality that underlies the substantive criminal law, that is, the law that defines what constitutes a crime. The principle of legality also applies to the law of criminal procedure, the law that prescribes how the government enforces the substantive criminal law, in such constitutional commands as “no deprivation of life, liberty, or property without due process of law” and the guarantee of equal protection of the laws.12In practice, much reprehensible conduct, some of which causes considerable harm, occurs in every society. Neither all of that conduct nor all of that harm constitutes a crime. The law determines the distinction between unethical, immoral injury that justifies non-criminal legal action and criminal conduct and harm. To qualify as crimes, conduct or harm must satisfy five requirements; (1) A specific law prohibits the conduct and/or harm. (2) The law prescribes a penalty for the prohibited conduct and/or harm. (3) The particular law conforms to the general purposes and principles of criminal law. (4) The government must adhere to the rules of procedure in administering and enforcing the criminal law. (5) The punishment prescribed and actually administered accords with the Constitution’s prohibition against cruel an d unusual punishment.(1089words) Cross Jones &Card, Introduction to Criminal Law, 11th edition, Butterworth & Co (Publishers) Ltd.; Joel Samaha, Criminal Justice, 2nd edition, West Publishing CompanyNotes_________________________1.capital felony: Crime punishable by death or life imprisonment.可判死刑或终生监禁的重罪。
法律英语试题库及答案
法律英语试题库及答案一、单选题（每题2分，共20分）1. Which of the following is the correct translation of "plaintiff" in legal English?A. 被告B. 原告C. 证人D. 律师答案：B2. The term "due diligence" in legal context typically refers to:A. 尽职调查B. 尽责调查C. 尽职尽责调查D. 尽职尽责尽责调查答案：A3. In legal English, "contract" is often used to refer to:A. 合同B. 契约C. 协议D. 协议书答案：A4. The phrase "in consideration of" is commonly used in legal documents to mean:A. 鉴于B. 考虑到C. 由于D. 因为答案：B5. Which of the following is not a type of intellectual property?A. 商标B. 专利C. 版权D. 商业秘密答案：D6. The term "tort" in legal English refers to:A. 侵权行为B. 犯罪行为C. 合同违约D. 民事纠纷答案：A7. "Jurisdiction" in legal English means:A. 管辖权B. 审判权C. 执行权D. 立法权答案：A8. The abbreviation "LLC" stands for:A. Limited Liability CompanyB. Limited Legal CompanyC. Legal Liability CompanyD. Legal Limited Company答案：A9. "Probate" in legal English refers to the process of:A. 遗嘱认证B. 遗嘱执行C. 遗嘱公证D. 遗嘱登记答案：A10. "Statute" in legal English is used to denote:A. 法规B. 法律C. 法令D. 条例答案：B二、填空题（每题2分，共20分）1. The legal term for a formal written statement submitted toa court is a(n) _____________.答案：brief2. A(n) _____________ is a legal document that outlines the terms and conditions of a contract.答案：agreement3. The process of challenging the validity of a will is known as _____________.答案：contest4. A(n) _____________ is a legal professional who represents clients in court.答案：attorney5. The term _____________ refers to the legal principle that no one may profit from their own wrongdoing.答案：unclean hands6. A(n) _____________ is a legal document that grants a person the authority to act on behalf of another.答案：power of attorney7. The legal term for a formal written request to a court is a(n) _____________.答案：petition8. A(n) _____________ is a legal document that provides evidence of a debt.答案：promissory note9. The legal term for a formal written order from a court is a(n) _____________.答案：decree10. A(n) _____________ is a legal document that outlines the terms and conditions of a sale of real estate.答案：deed三、判断题（每题2分，共20分）1. The term "lien" in legal English refers to a legal claim on property to secure the payment of a debt. (对/错)答案：对2. "Negligence" in legal English means the failure to exercise reasonable care, resulting in harm to another. (对/错)答案：对3. "Indemnity" in legal English refers to the right to be compensated for a loss or damage suffered. (对/错)答案：对4. A "writ" is a legal document issued by a court that ordersa person to do or refrain from doing a specific act. (对/错) 答案：对5. "Affidavit" in legal English is a written statement of facts voluntarily made by a person under oath. (对/错)答案：对6. "Misdemeanor" in legal English refers to a less serious crime than a felony. (对/错)答案：对7. "Arbitration" is a form of alternative dispute resolution where a neutral third party makes a binding decision. (对/错) 答案：对8. "Eminent domain" refers to the power of the government to take private property for public use without compensation. (对/错)答案：错9. "Venue" in legal English refers to the geographical location where a legal action is brought. (对/错)答案：对10. "Custody" in。
2013.11法律英语LEC模拟题卷二
2013.11法律英语LEC模拟题卷二法律英语证书（LEC）模拟考试题试卷二2013年11月17日提示：本试卷为阅读、翻译、写作题。
请将各题答案书写在答题纸的对应位置上，勿在卷面上直接作答。
Part I: Case Reading Comprehension (25 points)Read the case carefully and answer the questions followed briefly:LEFKOWITZ v. GREAT MINNEAPOLISSURPLUS STORE, INC.86 NW 2d 689MURPHY, Justice.This is an appeal from an order of the Municipal Court of Minneapolis denying the motion of the defendant for amended findings of facts, or, in the alternative, for a new trail. The order for judgment awarded the plaintiff the sum of $138.50 as damages for breach of contract.This case grows out of the alleged refusal of the defendant to sell to the plaintiff a certain fur piece which it had offered for sale in a newspaper advertisement. It appears from the record that on April 6, 1956, the defendant published the following advertisement in a Minneapolis newspaper:Saturday 9 A.M. Sharp 3 Brand New Fur Coats Worth to $100.00.First Come First Served $1 Each.On April 13, the defendant again published another advertisement in the same newspaper, as follows:Saturday 9 A.M. 2 Brand New Pastel Mink 3-Skin ScarfsSelling for $89.50Out they go Saturday. Each ... $1.001 Black Lapin Stole Beautiful, worth $139.50 ... $1.00First Come First ServedOn each of the Saturdays following the publication of the above-described ads the plaintiff was the first to present himself at the appropriate counter in the defendant’s store and on each occasion demanded the coat and the stole so advertised and indicated his readiness to pay the sale price of $1. On both occasions, the defendant refused to sell the merchandise to the plaintiff, stating on the first occasion that by a “house rule” the offer was intended for women only and sales would not be made to men, and on the second visit that plaintiff knew defendant’s house rules.The trial court properly disallowed plaintiff’s claim for the value of the fur coats since the value of these articles was speculative and uncertain. The only evidence of value was the advertisement itself to the effect that t he coats were “Worth to $100.00”, how much less being speculative especially in view of the price for which they were offered for sale. With reference to the offer of the defe ndant on April 13, 1956, to sell the “1 Black Lapin Stole …worth $139.50” the trial court held that the value of this article was established and granted judgment in favor of the plaintiff for that amount less the $1 quoted purchase price.The defendant contends that a newspaper advertisement offering items of me rchandise for sale at a named price is a “unilateral offer” which may be withdrawn without notice. He relies upon authorities which hold that, where an advertiser publishes in a newspaper that he has a certain quantity or quality of goods which he wants to dispose of at certain prices and oncertain terms, such advertisements are not offers which become contracts as soon as any person to whose notice they may come signifies his acceptance by notifying the other that he will take a certain quantity of them. Such advertisements have been construed as an invitation for an offer of sale on the terms stated, which offer, when received, may be accepted or rejected and which therefore does not become a contract of sale until accepted by the seller; and until a contract has been so made, the seller may modify or revoke such prices or terms. Montgomery Ward & Co. v. Johnson, 95 N.E. 290 (Mass. 1911); Nickel v. Theresa Farmers Co-op. Ass’n, 20 N.W.2d 117 (Wis. 1945); Lovett v. Frederick Loeser & Co., 207 N.Y.S. 753 (N.Y. Mun. Ct. 1924); Schenectady Stove Co. v. Holbrook, 4 N.E. 4 (N.Y. 1885); Georgian Co. v. Bloom, 108 S.E. 813 (Ga. Ct. App. 1921); Craft v. Elder & Johnson Co., 38 N.E.2d 416 (Ohio Ct. App. 1941).The defendant relies principally on Craft v. Elder & Johnston Co., supra. In that case, the court discussed the legal effect of an advertisement offering for sale, as a one-day special, an electric sewing machine at a named price. The view was expressed that the advertisement was “not an offer made to any specific person but was made to the public generally. Thereby it would be properly designated as a unilateral offer and not being supported by any consideration could be withdrawn at will and without not ice.” It is true that such an offer may be withdrawn before acceptance. Since all offers are by their nature unilateral because they are necessarily made by one party or on one side in the negotiation of a contract, the distinction made in that decision between a unilateral offer and a unilateral contract is not clear. On the facts before us we are concerned with whether the advertisement constituted an offer, and, if so, whether theplaintiff’s conduct constituted an acceptance.There are numerous authorities which hold that a particular advertisement in a newspaper or circular letter relating to a sale of articles may be construed by the court as constituting an offer, acceptance of which would complete a contract. J.E. Pinkham Lumber Co. v. C.W. Griffin & Co., 102 So. 689 (Ala. 1925); Seymour v. Armstrong & Kassebaum, 64 P. 612 (Kan. 1901); Payne v. Lautz Bros. & Co., 166 N.Y.S. 844 (N.Y. City Ct. 1916), aff’d, 168 N.Y.S. 369 (N.Y. Sup. Ct.), aff’d, 171 N.Y.S. 1094 (N.Y. App. Div. 1918); Arnold v. Phillips, 1 Ohio Dec. Reprint 195 (Ohio Ct. Common Pl. 1846); Oliver v. Henley, 21 S.W.2d 576 (Tex. Civ. App. 1929).The test of whether a binding obligation may originate in advertisements addressed to the general public is “whether the facts show that some performance was promised in positive terms in return for something requested.” 1 W ILLISTON, CONTRACTS § 27 (Rev. ed. 1936).The authorities above cited emphasize that, where the offer is clear, definite, and explicit, and leaves nothing open for negotiation, it constitutes an offer, acceptance of which will complete the contract. The most recent case on the subject is Johnson v. Capital City Ford Co., 85 So. 2d 75 (La. Ct. App. 1955), in which the court pointed out that a newspaper advertisement relating to the purchase and sale of automobiles may constitute an offer, acceptance of which will consummate a contract and create an obligation in the offeror to perform according to the terms of the published offer.Whether in any individual instance a newspaper advertisement is an offer rather than an invitation to make an offer depends on the legal intention of the parties and the surrounding circumstances. We are of the view on the factsbefore us that the offer by the defendant of the sale of the Lapin fur was clear, definite, and explicit, and left nothing open for negotiation. The plaintiff having successfully managed to be the first one to appear at the seller’s place o f business to be served, as requested by the advertisement, and having offered the stated purchase price of the article, he was entitled to performance on the part of the defendant. We think the trial court was correct in holding that there was in the conduct of the parties a sufficient mutuality of obligation to constitute a contract of sale.The defendant contends that the offer was modified by a “house rule” to the effect that only women were qualified to receive the bargains advertised. The advertisement contained no such restriction. This objection may be disposed of briefly by stating that, while an advertiser has the right at any time before acceptance to modify his offer, he does not have the right, after acceptance, to impose new or arbitrary conditions not contained in the published offer. Payne v. Lautz Bros. & Co., 166 N.Y.S. 844, 848 (N.Y. City Ct. 1916); Mooney v. Daily News Co., 133 N.W. 573 (Minn. 1911).AFFIRMED.Questions to be answered:1. Did the trial court allow the plaintiff’s claim for the values of both articles? And Why?2. What is the rule of law for an advertisement to be an offer?3. What’s the defendant’s contention?4. What is the legal effect of an invitation for an offer in a sales contract?5. What’s the issue?Part II: Translation (40 points)Question 1. Translate the following paragraphs into Chinese:1. § 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes andPolicies: Applicability of Supplemental Principles of Law.（a）[The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: （1）to simplify, clarify, and modernize the law governing commercial transactions; （2）to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and （3）to make uniform the law among the various jurisdictions.（b）Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.2. § 1-105. Severability.If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable.3. "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which theseller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goodsin a transfer in bulk or as security for or in total or partial satisfaction of a money debt.Question 2. Translate the following Chinese into English:4. 第二章劳动合同的订立第七条用人单位自用工之日起即与劳动者建立劳动关系。
考研英语阅读理解模拟题及答案：法学类(25套)
考研英语阅读理解模拟题及答案：法学类(25套) Vicious and Dangerous Sports Should be Banned by LawWhen you think of the tremendous technological progress we have made, it’s amazing how little we have developed in other respects. We may speak contemptuously of the poor old Romans because they relished the orgies of slaughter that went on in their arenas. We may despise them because they mistook these goings on for entertainment. We may forgive them condescendingly because they lived 2000 years ago and obviously knew no better. But are our feelings of superiority really justified? Are we any less blood-thirsty? Why do boxing matches, for instance, attract such universal interest? Don’t the spectators who attend them hope they will see some violence? Human beings remains as bloodthirsty as ever they were. The only difference between ourselves and the Romans is that while they were honest enough to admit that they enjoyed watching hungey lions tearing people apart and eating them alive, we find all sorts of sophisticated arguments to defend sports which should have been banned long age; sports which are quite as barbarous as, say, public hangings or bearbaiting.It really is incredible that in this day and age we should still allow hunting or bull-fighting, that we should be prepared to sit back and watch two men batter each other to pulp in a boxing ring, that we should be relatively unmoved by the sight of one or a number of racing cars crashing and bursting into flames. Let us not deceive ourselves. Any talk of ‘the sporting spirit’ is sheer hypocrisy. People take part in violent sports because of the high rewards they bring. Spectators are willing to pay vast sums of money to see violence. A world heavyweight championship match, for instance, is front page news. Millions of people are disappointed if a big fight is over in two rounds instead of fifteen. They feel disappointment because they have been deprived of the exquisite pleasure of witnessing prolonged torture and violence.Why should we ban violent sports if people enjoy them so much? You may well ask. The answer is simple: they are uncivilized. For centuries man has been trying to improve himself spiritually and emotionally - admittedly with little success. But at least we no longer tolerate the sight madmen cooped up in cages, or public floggings of any of the countless other barbaric practices which were common in the past. Prisons are no longer the grim forbidding places they used to be. Social welfaresystems are in operation in many parts of the world. Big efforts are being made to distribute wealth fairly. These changes have come about not because human beings have suddenly and unaccountably improved, but because positive steps were taken to change the law. The law is the biggest instrument of social change that we have and it may exert great civilizing influence. If we banned dangerous and violent sports, we would be moving one step further to improving mankind. We would recognize that violence is degrading and unworthy of human beings.1. It can be inferred from the passage that the author’s opinion of nowadays’human beings isA. not very high.B. high.C. contemptuous.D. critical.2. The main idea of this passage isA. vicious and dangerous sports should be banned by law.B. people are willing to pay vast sums money to see violence.C. to compare two different attitudes towards dangerous sports.D. people are bloodthirsty in sports.3. That the author mentions the old Romans isA. To compare the old Romans with today’s people.B. to give an example.C. to show human beings in the past know nothing better.D. to indicate human beings are used to bloodthirsty.4. How many dangerous sports does the author mention in this passage?A. Three.B. Five.C. Six.D. Seven.5. The purpose of the author in writing this passage isA. that, by banning the violent sports, we human beings can improve our selves.B. that, by banning the dangerous sports, we can improve the law.C. that we must take positive steps to improve social welfare system.D. to show law is the main instrument of social change.Vocabulary1.relish 从……获得乐处，享受y 狂欢，放纵3.arena 竞技场，活动或斗争的场所4.blood-thirsty 残忍的，嗜血的5.bear-baiting 逗熊游戏6.bull-fight 斗牛7.batter 猛击，连续地猛打/捶，乱打8.pulp 成纸浆，成软块9.burst into flames 突然燃烧起来/着火10.grim 令人窒息的，简陋的11.coop up 把……关起来写作方法与文章大意作者采取先对比、后分析的写作手法。
考研英语阅读理解模拟题带答案(很实用!!!)
考研英语阅读理解模拟题：法学类(带答案)Last week President Bill Clinton proposed a corollary to the patients' bill of rights now before Congress：a right to medical privacy. Beginning in 2002，under rules set to become law in February，patients would be able to stipulate the conditions under which their personal medical data could be divulged. They would be able to examine their records and make corrections. They could learn who else had seen the information. Improper use of records by a caregiver or insurer could result in both civil and criminal penalties. The plan was，said Clinton，“an unprecedented step toward putting Americans back in control of their own medical records.”Technology is a two-edged sword. Rarely is this as clear as it is in the realm of health care. Technology allows doctors to test their patients for genetic defects——and then to turn around and spread the results throughout the world via the Internet. For someone in need of treatment，that's good news. But for someone in search of a job or an insurance policy，the tidings can be all bad. One aim of the rules is to reassure patients about confidentiality，thereby encouraging them to be open with their doctors. Today various cancers and sexually transmitted diseases can go untreated because patients are afraid of embarrassment or of losing insurance coverage. The fear is real：Clinton aides noted that a January poll by Princeton Survey Research Associates found that one in six U.S. adults had at some time done something unusual to conceal medical information，such as paying cash for services.While the administration billed the rules as an attempt to strike a balance between the needs of consumers and those of the health-care industry，neither doctors nor insurance companies were happy. The doctors said the rules could actually erode privacy，pointing to a provision allowing managed-care plans to use personal information without consent if the purpose was “health-care operations.” That，physicians said，was a loophole through which HMOs and other insurers could pry into the doctor-patient relationship，in the name of assessing the quality of care. Meanwhile，the insurers protested that the rules would make them vulnerable to lawsuits. They were especially disturbed by a provision holding them liable for privacy breaches by “business partners” such as lawyers and accountants. Both groups agreed that privacy protections would drive up the costof health care by at least an additional $3.8 billion，and maybe much more，over the next five years. They also complained about the increased level of federal scrutiny required by the new rules' enforcement provisions.注(1)：本文选自By EVAN THOMAS Newsweek; 11/08/99，Vol. 134 Issue 19，p67，1/2p，1c注(2)：本文习题命题模仿对象2003年真题text 22. According to the proposal made by President Clinton，patients will be able to do the following EXCEPT _____________.[A] enjoy more rights to their medical records[B] be open with their doctors[C] decide how to use their medical information[D] sue their insurers for improper use of their medical records1. The author begins his article with “technology is a two-edged sword” to _____________.[A] show that doctor‘s improper use of technology can end up in bad results[B] call on people‘s attention to the potential danger technology can bring to us[C] warn of the harm patients are prone to suffer[D] show the advantages and disadvantages of technology4. The example of the January poll by Princeton Survey Research Associates is used to show that __________________.[A] American patients‘ concealment of their medical information has become a big concern[B] a large portion of patients would rather leave their diseases untreated[C] concealing medical information is widespread in the U.S.[D] paying cash for medical service is a common practice among American patients3. Doctors tend to think that the rules _____________.[A] may ruin doctor-patient relationship[B] can do more harm than good[C] will prevent doctors from doing medical research[D] will end up in more health care cost and poorer medical service篇章剖析本文主要讲述了病人医疗隐私权立法及其引发的争议，采用的是指出问题——分析问题的模式。
法律英语试题及答案
法律英语试题及答案一、单项选择题（每题2分，共10题，满分20分）1. Which of the following is not a legal term?A. PlaintiffB. DefendantC. LitigationD. Negotiation答案：D2. In legal English, "due process" refers to:A. A fair and just legal procedureB. A quick legal procedureC. A legal procedure without any delayD. A legal procedure with minimal paperwork答案：A3. The term "precedent" in law means:A. A previous case that sets a legal principleB. A document that records a legal decisionC. A legal principle that is not bindingD. A case that is not relevant to current legal issues 答案：A4. Which of the following is not a type of contract?A. Sales contractB. Employment contractC. Marriage contractD. Insurance contract答案：C5. "Tort" in legal English refers to:A. A civil wrongB. A criminal actC. A legal documentD. A legal remedy答案：A6. "Probate" is the legal process of:A. Dividing an estate after deathB. Filing a lawsuitC. Registering a trademarkD. Drafting a will答案：A7. "Jurisdiction" in law refers to:A. The authority to make legal decisionsB. The location of a courtC. The type of law being appliedD. The legal profession答案：A8. "Affidavit" is a legal document that:A. Is signed by a judgeB. Is a sworn statement of factsC. Is a request for a court orderD. Is a legal opinion答案：B9. "Statute" is a type of law that is:A. Created by judgesB. Passed by a legislative bodyC. Based on common lawD. Enforced by the executive branch答案：B10. "Moot" in legal context means:A. Unimportant or irrelevantB. A legal argumentC. A type of lawsuitD. A legal document答案：A二、填空题（每题2分，共5题，满分10分）1. A legal dispute that is not resolved by negotiation or mediation may proceed to ________.答案：litigation2. The ________ of a contract is the formal agreement between parties.答案：execution3. A ________ is a person who has been granted the authorityto act on behalf of another.答案：agent4. The ________ is the highest court in many legal systems.答案：supreme court5. A ________ is a legal document that outlines the terms ofa contract.答案：deed三、阅读理解题（每题3分，共3题，满分9分）阅读以下段落，并回答问题。
法律英语练习题
Exercise I(A) Fill the following words or phrases in the blanks.based on bound by codified custom disputes legislationnon-criminal precedents provisions rulingsThe term ‘civil law’ contrasts with both ‘common law’ and ‘criminal law’. In the first sense of the term, civil law refers to a body of law______ written legal codes derived from fundamental normative principles. Legal ______ are settled by reference to this code, which has been arrived at through ______. Judges are______ the written law and its _______.In contrast, common law was originally developed through _____, at a time before laws were written down. Common law is based on _____ created by judicial decisions, which means that past ____ are taken into consideration when cases are decided. It should be noted that today common law is also ______, i.e. in written form.In the second sense of the term, civil law is distinguished from criminal law, and refers to the body of law dealing with _____ matters, such as breach of contract.(B) attaches(x2) crystallizes defaults has make owns seize sellSecurity/quasi-security: Security gives a creditor the legal right in property owned by the debtor, i.e. the right to _____ and _____ the debtor’s property if the debtor _____ in repayment. However, in the case of quasi-security, the creditor typically _____ the property in question, while the debtor only _____ possession of it.Fixed charge/floating charge: While a fixed charge _____ to the property in question as soon as the charge is created, a floating charge ____only when it ____, for example as a result of a failure to_____ a payment at the proper time.Exercise II Read the text and Fill in the blanks with preposition or conjunction by the context.A company is a business association which has the character _____ a legal person, distinct ______ its officers and shareholders. This is significant, _____ it allows the company to own property _____ its own name, continue perpetually despite changes in ownership, and insulate the owners _____ personal liability. However, in some instances, for example when the company is used to perpetrate fraud or acts ultra vires, the court may ‘lift the corporate veil’ and subject the shareholders ____ personal liability.By contrast, a partnership is a business association which, strictly speaking, is not considered to be a legal entity, but, rather, merely an association ____ owners. However, in order to avoid impractical results, such as the partnership being precluded _____ owning property ____ its own name, certain rules of partnership law treat a partnership as if it were a legal entity. Nonetheless, partners are not insulated ______ personal liability, and the partnership may cease to exist _____ a change in ownership, for example, when one of the partners dies.A company is formed ____ the issuance of a certificate of incorporation by the appropriate governmental authority. A certificate of incorporation is issued ______ the filing_____ the constitutional documents of the company, together ____ statutory forms and the payment ____ a filing fee. The ‘constitution’of a company consists of two documents. One, the memorandum of association, states the objects of the company and the details of its authorized capital, otherwise known ___ the nominal capital. The second document, the articles of association(bylaws in US), contains provisions ____ the internal management of the company, for example, shareholders’annual general meetings, or AGMs, and extraordinary(or special) general meetings, the __board of directors,__________ corporate contracts and loans.The duties owed by directors ____ a company can be classified_____ two groups. The first is a _____(注意义务) and the second is a______（忠实义务）. The first duty requires that the directors must exercise the care of an ordinarily prudent and diligent person ____ the relevant circumstances. The second duty stems _____the position of trust and responsibility entrusted _____directors. This duty has many aspects, but, broadly speaking, a director must act _____(in)the best interests of the company and not_______(for) any collateral purpose. However, the courts are generally reluctant to interfere, provided the relevant act or omission involves no fraud, illegality or conflict ____ interest.Finally, a company’s state of health is reflected ____ its accounts, including its balance sheet and profit-and-loss account. Healthy profits might lead _____ bonus or capitalization issue___ the shareholders. On the other hand, continuous losses may result _____ insolvency and the company going _____ liquidation.Exercise III The following text is contract form, which is often used by lawyers at the formation stage of as contract. Read the text more carefully. What kind of agreement is it? What types of clauses are 2b,3,5 and 6? Find the verbs, italicized in the text, and explain these verbs in the context.NON-COMPETITION AGREEMENT OF SHAREHOLDER OF SELLER IN CONNETCTION WITH SALE OF ASSETSCOVENANT NOT TO COMPETEThis COVENANT NOT TO COMPETE( this ‘Covenant’), dated as of __, 2011, is made and entered into by and between XX(‘shareholder’) and YY, a corporation(‘Purchaser’), with reference to the following facts:A ________, ________ corporation(‘Seller’), and Purchaser are parties to that certain Asset Purchase Agreement, dated as of ___, 2011(as amended, supplemented or otherwise modified from time to time, the ‘Purchase Agreement’), pursuant to which Purchaser agreed to purchase business owned and operated by Seller located at _____(‘the Business’). Unless otherwise noted, capitalized terms used herein shall have the meanings ascribed to them in the Purchase Agreement.B Shareholder owns all of the issued and outstanding capital stock of Seller.C Shareholder, during the course of ownship and operation of the Business, has acquired numerous business contacts among the public, financial institutions and _____ industry employees.D Purchaser shall expend a considerable amount of time, money, and credit with respect to the purchase and operation of the Business.E Purchaser does not desire to expend such time, money, and credit and then subsequently compete with Shareholder in the business of ____.F It is a condition precedent to the closing of the transactions contemplated by the Purchase Agreement(‘the Closing’), that Shareholder execute and deliver this Covenant and that Purchaser pay Shareholder certain amounts at Closing, all as more fully described below.THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:1 For a period of ____ years from the date hereof, Shareholder shall not have any controlling ownership interest(of record or beneficial) in, or have any interest as a director, principal executive officer, key employee, agent or consultant in, any firm, corporation, partnership, proprietorship, or other business that engages in any of the following activities within a ____ mile radius of the Business’s current location [describe].2 Additionally, Shareholder shall:a not refer prospective purchasers or lessees of ____ in ____, other than the Business; andb subject to any obligation to comply with any law, rule, or regulation of any governmental authority of other legal process to make information available to the person entitled thereto, keep confidential and shallnot use or permit his attorneys, accountants, or representatives to use, in any manner other than for the purpose of evaluating the transactions contemplated by the Purchase Agreement, any confidential information of Purchaser which Shareholder acquired in the course of the negotiation of the transactions contemplated by the Purchase Agreement.3 As consideration for the agreements of Shareholder set forth in Section 1 and 2 above, Purchaser shall, at the Closing, deliver to Shareholder＄___ by wire transfer of immediately available funds in such amount toa bank account designated by Shareholder.4 The term of this Agreement shall be ____ months, commencing on the date hereof.5 In the event that any provision of any part of any provision of this Agreement shall be void of unenforceable for any reason whatsoever, then such provision shall be stricken and of no force and effect. However, unless such stricken provision goes to the essence of the consideration bargained for by a party, the remaining provisions of this agreement shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.6 In the event of any litigation or legal proceedings between the parties hereto, the non-prevailing party shall pay the expenses, including reasonable attorneys’ fees and court costs, of the prevailing party in connection therewith.Agreed to as of this _____ day of _____,2011.Shareholder_______‘PURCHASER’___________BY_________Its_________Exercise V The concept of damages is central to the topic of contract remedies. Damages can be defined as ‘money awarded by a court in compensation for loss or injury’, should not be confused with damage denoting ‘loss or harm actionable in law’. After reading the text, find a synonym for damages in the second paragraph and match these types of damages(1-7) with their definitions(a-g)When there has been a breach of contract, the non-breaching party will often seek remedies available under the law. This area of the law, known as ‘remedies’, is a broad area, but can be summarized generally.Most remedies involve money damages, but non-monetary relief is also available in some cases. The basic remedy for breach of contract in the Anglo-American legal system is pecuniary compensation to an injured party for the loss of the benefits that party would have received had the contract been performed. Some examples of this kind of remedy include expectation damages or ‘benefit of the bargain’ damages. Certain damages are recoverable regardless of whether the loss was foreseeable, while the recovery of other damages hinges on foreseeability. Where the damage is the direct and natural result of the breach, the breaching party will be held liable to pay damages for such without regard to the issue of foreseeability. When lawyers plead these damages in court, they commonly refer to general damages. However, where the damage arises due to the special circumstances related to the transaction in question, damages are limited by the foreseeability rule, which states that they are only recoverable when it can be established that the damage was foreseeable to the breaching party at the time the contract was entered into, When lawyers plead these damages in court, they commonly refer to special or consequential damages.Where it is not possible to prove expectation damages, the non-breaching party can seek reliance damages, where the compensation is the amount of money necessary to compensate him for any expenses incurred in reasonable reliance on the contract. The non-breaching party is thus returned to the status quo ante with no profit or benefit from the contract.Another measure of damages is restitution damages, which compel the breaching party to give up anymoney benefit it obtained under the breached contract. Restitution damages are, for example, awarded when one party(the breaching party) completely fails to perform its obligations under the contract.The parties to a contract may, however, agree at the time they enter into the contract that a fixed sum of money shall be awarded in the event of a breach or to a formula for ascertaining the damages or for certain other remedies, e.g. right of repair. This type of damages is known as liquidated damages or stipulated damages.In some cases, a party will be able to obtain punitive or exemplary damages through the court which are designed to punish the breaching party for conduct which is judged to be particularly reprehensible, e.g. fraud. This type of damages is normally only awarded where specifically provided by statute and where a tort in some way accompanies the breach of contract.Where monetary damages would not be an adequate remedy, such as in a case where two parties enter into a real-estate contract and the seller decides to sell to a third party, the court may order specific performance. Specific performance involves an order by the court compelling the breaching party to perform the contract. Finally, there are other remedies available; for example, if there has been a default by one party, the other party may rescind or cancel the contract. This constitutes an undoing of the contract from the very beginning. In addition, legislation such as sale of goods legislation also allows for various remedies, including a right to reject goods in certain cases and a right to return or demand rapair or replacement. (toles 14,p79)a compensation agreed upon by the parties and set forth in the contract that must be paid by one or the other in the event that the contract is breached.b compensation determined by the amount of benefit unjustly received by the breaching partyc compensation for losses which are as a result of special facts and circumstances relating to a particular transaction which were foreseeable by the breaching party at the time of contractd compensation seeking to put the non-breaching party in the position he would have been had the contrat been performede compensation for a loss that is the natural and logical result of the breach of contractf compensation imposed by the court to deter malicious conduct in the futureg compensation necessary to reimburse the non-breaching party for efforts expended or expenses incurred in the reasonable belief that the contract will be performed1 expectation damages/’benefit of the bargain’ damages2 general/actual damages3 liquidated/stipulated damages4 reliance damages5 restitution damages6 special/consequential damages7 punitive/exemplary damagesExercise VI The text is an excerpt from a lease, setting forth the statutory conditions applying to the lease. Read it and complete the spaces using these subheadings.a Abandonment and terminationb Sub-letting premisesc Entry of premisesd Entry doorse Conditions of premises f Servicesg Good behaviourh Obligation of the tenantSTA TUTORY CONDITIONSThe following statutory conditions apply:1 ____ The landlord shall keep the premises in a good state of repair and fit for habitation during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or housing.2 (a)_____ Where the landlord provides a service or facility to the tenant that is reasonably related to the tenant’s continued use and enjoyment of the premises such as, but not as to restrict the generality of the foregoing, heat, water, electric power, gas, appliances, garbage collection, sewers or elevators, the landlord shall not discontinue providing that service.2 (b)_____ The tenant shall be responsible for the ordinary cleanliness of the interior of the premises and for the repair of damage caused by willful or negligent act of the tenant or of any person whom the tenant permits on the premises.4 ______ The tenant may assign, sub-let or otherwise part with possession of the premises subject to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless the landlord has actually incurred expense in respect of the grant of consent.5 _____ If the tenant abandons the premises or terminates the tenancy otherwise than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or termination to the extent that a party to a contract is required by law to mitigate damages.6 _____ Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless:(a) notice of the termination of the tenancy has been given and the entry is at a reasonable hour for the purposes of exhibiting the premises to prospective tenants or purchasers; or(b) the entry is made during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry.7______ Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the premises.Exercise VII fill the blanks with a word to collocate with the words in the sentence, which is usually used in the legal context initial letter of that word is given.1. This a_______(adjective) can come before discharge, majority, monopoly, privilege, right and title.(answer: absolute)2. This a_______(verb/noun) can come before the words your authority, of power, of process and of human rights.3. This a_______(noun) can come before the expressions in personam, in rem and in tort, and after the expression to take legal.4. This a_______(adjective) can come before outcome, party, possession and witness.5. This a_____(noun) can come before agreement, award, board and clause, and also after the expression to submit a dispute to, to refer a question to, to take a dispute to and to go to.6. This b_____(noun) can come before the expression of confidence, of contract, of promise, of the peace, of trust and of warranty, and between the preposition in＋of.7. This c_____(noun) can come before allowance, assets, crime, expenditure, gains, goods, levy, loss and punishment, and in the expression to make political _____ out of something.8. This a_____(noun) can come before the expressions of approval, of deposit, of incorporation, of judgment, of origin, of registration, of registry and of service.9. This c_____(adjective) can come before the words action, court, disobedience, disorder, law, liberties rights and strife.10. This c_____(adjective) can come before the words assault, carrier, land, la, ownership, position, pricing and seal, and after the expression tenancy in.11. This c_____(noun) can come before the words fund, order, and package, and before the expressions of damage, for loss of office and for loss of earnings.12. This c_____(noun) can come before the words confidence, council, credit, goods, group, legislation and protection.13. This c_____(noun) can come before the words law, note and work, before the expressions ofemployment, of service and under seal, after the word under, and after the expressions by private and to voida.14. This c_____(noun) can come before the words action, case and order, before the expressions of appeal, of first instance, of last resort and of law, after the words open, criminal and civil, and after the expressions out of and to take someone to.15. This c_____(noun) can come before the words act, action, bankruptcy, court, damage, law, libel, negligence, offence, record and responsibility, and after the words hardened and habitual.16. This c_____(noun) can come before the words barrier, clearance, declaration, duty, examination, formalities, officer, seal, tariffs and union, before the expression and Excise, and after the expression to go through.17. This d_____(noun) can come before the words counsel, statement and witness, before the expression before claim and after the expression to file a.18. This d_____(noun) can come before the words abuse, addict, addiction, baron, czar, dealer, runner, squad and trafficking, and after the classification expressions Class A, Class B and Class C.19. This f_____(adjective) can come before the words conveyance, misrepresentation, preference, trading and transaction.20. This f_____(noun) can come before the expressions of assembly, of association, of information, of movement, of speech, of the press and of thought, conscience and religion.21. This i_____(noun) can come before the words documents, papers, parade and theft, after the word false, and after the expressions to change your, to be asked for proof of and a case of mistaken.22. This i_____(adjective) can be used before the words contract, malice, term and trust, and before the expression terms and conditions.23. This a_____(adjective) can be used before the words accident, development, dispute, espionage, injury, property, relations and tribunal, and before the expression arbitration tribunal.24. This j_____(adjective) can be used before the words account, beneficiary, committee, discussions, heir, liability, management, owner, ownership, signatory, tenancy and tortfeasors, and before the expressions and several, and several liability and commission of inquiry.25. This j_____(noun) can come before the words creditor, debtor, and summons, before the expression by default, after the expressions to pronounce, to enter and to take, and in the expression to give you r…on something.26. This j_____(adjective) can come before the words immunity, notice, precedent, processes, review and separation. In Britain, it can come before the expressions Committee of the House of Lords and Committee of the Privy Council.27. This j_____(noun) can come before the words box, room, service, and vetting, after the expression foreman of the, and in the expression to be called for…service.28. This l_____(noun) can come before the expressions before action, of acknowledgement, of allotment, of application, of appointment, of attorney, of complaint, of credit, of demand, of indemnity, of intent, of reference, of renunciation and of request.29. This l_____(adjective) can come before the words liability, market, partner, partnership and warranty, and before the expression liability company.30. This n_____(adjective) can come before the words earnings, estate, gain, price, profit, result and worth.2 abuse; action adverse arbitration breach capital certificate civil common compensation consumer contract court criminal customs defence drug fraudulent freedom identity implied industrial joint judgment(also spelt judgment) judicial jury letter limited net(also spelt nett)。
法律英语试题与答案
法律英语考查试题及答案一、英译汉1.general jurisdiction 一般管辖2.bar examination 律师考试3.ripeness 案件成熟度4.substantive law 实体法5.no contest pleas 不辩护也不认罪的答辩二、汉译英1.巡回法院circuit courts2.模拟法庭moot court3.案件决议度mootness4.起诉书complaint5.被上诉人appellee三、翻译短文1.No two legal systems,then,are exactly alike.Each is specific to its country or its jurisdiction.This does not mean,of course,that every legal system is entirely different from every other legal system.Not at all.When two countries are similar in culture and tradition,their legal systems are likely to be similar as well.No doubt the law of E1Salvador is very much like the Law of Honduras.The laws of Australia and New Zealand are not that far apart.没有两个法系是恰好相似的。
每一种法系对于它的国家和它的管辖范围是特定的。
当然，这并不意味着每一种法系是完全不同于其它任何一种法系。
当两个国家在文化和传统上相似的时候，他们的法系也很可能相似。
难怪萨尔瓦多的法律和洪都拉斯的法律异常相似。
澳大利亚的法律和新西兰的法律也不是相差甚远。
2017年考研英语阅读理解模拟题(十一)及答案：法学类
2017年考研英语阅读理解模拟题（十一）及答案：法学类 By almost every measure ， Paul Pfingst is an unsentimental prosecutor. Last week the San Diego County district attorney said he fully intends to try suspect Charles Andrew Williams ， 15， as an adult for the Santana High School shootings. Even before the tragedy ， Pfingst had stood behind the controversial California law that mandates treating murder suspects as young as 14 as adults.So nobody would have wagered that Pfingst would also be the first D.A. in the U.S. to launch his very own Innocence Project. Yet last June ， Pfingst told hisattorneys to go back over old murder and rape convictions and see if any unravel with newly developed DNA-testing tools. In other words ， he wanted to revisit past victories ——this time playing for the other team. “I think people misunderstand being conservative for being biased ，” says Pfingst. “I consider myself a pragmatic guy ， and I have no interest in putting innocent people in jail.”Around the U.S.， flabbergasted defense attorneys and their jailed clients cheered his move. Among prosecutors ， however ， there was an awkward pause. After all ， each DNA test costs as much as $5，000. Then there's the unspoken risk ： if dozens of innocents turn up ， the D.A. will have indicted his shop.But nine months later ， no budgets have been busted or prosecutors ousted. Only the rare case merits review. Pfingst's team considers convictions before 1993， when the city started routine DNA testing. They discard cases if the defendant hasbeen released. Of the 560 remaining files ， they have re-examined 200， looking for cases with biological evidence and defendants who still claim innocence.They have identified three so far. The most compelling involves a man serving 12 years for molesting a girl who was playing in his apartment. But others were there at the time. Police found a small drop of saliva on the victim's shirt ——too small a sample to test in 1991. Today that spot could free a man. Test results are due any day. Inspired by San Diego ， 10 other counties in the U.S. are starting DNA audits.注(1)本文选自Time; 03/19/2001， Vol. 157 Issue 11， p62， 1p ， 2c ， 3bw 注(2)本文习题命题模仿对象2004年真题text 1.1. How did Pfingst carry out his own Innocence Project?[A]By getting rid of his bias against the suspects.[B]By revisiting the past victories.[C]By using the newly developed DNA-testing tools.[D]By his cooperation with his attorneys.2. Which of the following can be an advantage of Innocence Project?[A]To help correct the wrong judgments.[B]To oust the unqualified prosecutors.[C]To make the prosecutors in an awkward situation.[D]To cheer up the defense attorneys and their jailed clients.3. The expression “flabbergasted”(Line 1， Paragraph 3) most probably means _______.[A]excited[B]competent[C]embarrassed[D]astounded4. Why was Pfingst an unsentimental prosecutor?[A]He intended to try a fifteen-year old suspect.[B]He had no interest in putting the innocent in jail.[C]He supported the controversial California law.[D]He wanted to try suspect as young as fourteen.5. Which of the following is not true according to the text?[A]Pfingst‘s move didn’t h ave a great coverage.[B] Pfingst‘s move had both the positive and negative effect.[C] Pfingst‘s move didn’t work well.[D]Pfingst‘s move greatly encouraged the jailed prisoners.答案：CADBC篇章剖析本文采用的是记叙文的模式。
法学11级法律英语样卷A答案和评分标准
201 3 –2014学年第一学期武昌理工学院试题参考答案课程名称：法律英语适用专业班级：法学1101班考试时间：90分钟 A √ B卷开闭√卷I. Literary terms translation: English into Chinese. (20 points,1 point for each)1.律师考试2.宪法至上3.死刑4.实体法5.衡平法6.当事人7.初级（出庭）律师8.案例教学法9.分权10.诉讼人11.初审法院12.普通法13.侵权法14.民事程序15.参议院16.公司法17.司法制度（体系）18.证据原则19.上诉法院20.一级谋杀II. Literary terms translation: Chinese into English. (20 points,1 point for each)1. appellee2.moot court3. New Dealrmation5. Supreme Court6.property law7.injunction8.criminal law9.Provisions of Oxford 10. agency action 11.circuit court 12.House Counsel 13.hearing 14.legal instruments 15. three-tiered model/system 16.due process 17.popular vote 18.judicial review 19.death penalty 20.real estate /property III. True or false statements. (20 points,1 point for each)1-5 TTFFF 6-10 FTTTT11-15 FFTTT 16-20 FFTTTIV. Short questions. (20 points, 4 points for each)1. The civil law system and the common law system. The latter developed through decisions of courts and similar tribunals, while the former through legislative statutes or executive action.2. three years of college and a law degree3. Common law vs. Equity law; Substantive law vs. Procedural law ; and Substantive law can be subdivided as Public law vs. Private law.4. to serve on boards of directors of corporate clients ,to engage in business, and to participate actively in public affairs.V. Passage translation. (20 points, 10 points for each)1. 没有两个法系是恰好相似的。
高三法律基础英语阅读理解20题
高三法律基础英语阅读理解20题1<背景文章>The Constitution is the fundamental law of a country. It plays a crucial role in safeguarding the rights and interests of citizens and ensuring the stable operation of the country.The Constitution stipulates the basic rights and obligations of citizens. It guarantees freedom of speech, freedom of religion, and the right to education. At the same time, citizens also have the obligation to abide by the law and pay taxes.The Constitution also defines the structure and functions of the government. It divides the power of the state into legislative, executive, and judicial branches, ensuring checks and balances among them.In addition, the Constitution reflects the values and ideals of a country. It embodies the pursuit of justice, equality, and democracy.The Constitution is not only a legal document but also a spiritual pillar. It guides the country's development and progress and inspires people to strive for a better future.1. The Constitution is the ______ law of a country.A. basicB. fundamentalC. importantD. secondary答案：B。
法律英语阅读练习题
法律英语阅读练习题Unit 2 Administrative LawExerciseDiscussing the following topics:1.What is the issue of the case?Whether the respondent had acted without and in excess of its powers and that the evidence was insufficient to justify the findings of fact.2.On what grounds , did the petitioner seek an annulment of the award?Petitioner State Employee’s Retirement System seeks an annulment of the award , on the grounds that respondent Commission had acted without and in excess of its powers and that the evidence was insufficient to justify the findings of fact.3.What finding did the respondent make upon the facts adduced at the hearing?Upon the facts adduced at the hearing , summary of which has been given above, respondent Industrial Accident Commission made its finding that Karl Lund had sustained injury occurring in the course of and arising out of employment proximately causing his death from inhalation of carbon monoxide fumes.4.What is the holding of the District Court?The District Court of Appeal held that death arose out of and inthe course of employment , and the award is affirmed.5.Why neither awards may be annulled?Because there are two conclusions which fairly may be drawn from the evidence , both of which are reasonable, the onesustaining the other opposing the right to compensation . Nor may an award be rejected solely on the basis of moral or ethical considerations.P28 exercisesDiscussing the following topics;1.What is the issue of this case?Whether or not to allow a deportable alien to leave the country voluntarily.2.What is the opinion of the Court of Appeals?Exarchou has sustained his burden of established good moral character under s 19 (c) of the Immigration Act of 1917 , former 8 U.S.C.155 (c) ,and is entitled to further consideration of his application . Whether any other factors may warrant the Service in not following its 1951 and 1953 grants of discretionary relief to Exarchou is not now before us.3.The Immigration and Naturalization Service granted the Relator --Appellant Permission twice for relief he now seeks , what are they?In March 1951 , following the initial determination of his deportability ,it recommended that his deportation should be suspended. And for the second time ,the Service granted him permission to depart from the country voluntarily.4.What is the decision of the Special Inquiry Office upon the investigation of Immigration and Naturalization Service?The Special Inquiry Officer , reversi ng the Service’s earlier position , found that Exarchou had not sustained his burden of proof as to good moral character and hence was ineligible for the exercise of discretion which would allow him to depart from voluntarily.5.Why did the court reverse the shift of position of theService?The evidence is not sufficient to justify the Service’s present shift to position as to Exarchou’s good moral character.Unit 3 Antitrust Law P 37Discussing the following topics1. What is the cause of action of the lawsuit brought by the United States against Sealy, Inc.?The United States alleged that Sealy ,Inc.had violated 1 of the Sherman Act , 26 Stat.209 , as amended , 15 U.S. C. 1, by conspiring with its licensees to fix the prices at which the retail customers of the licensees might resell bedding products bearing the Sealy name, and to allocate mutually exclusive territories among such manufacturer --licensees.2.What did the trial court find?The District Court found that Sealy Inc.was engaged in a continuing conspiracy with its manufacturer --licensees to agree upon and fix minimum retail prices on Sealy products and to police the prices so fixed . However , the trial court held that the US had not proved conduct in unreasonable restraint of trade in violation of Sherman Act with respect to its allegation that Sealy Inc.conspired to allocate mutually exclusive territory among its manufacturers.3.What did the trial court rule on Sealy Inc. ‘s price--fixing activities?It enjoined Sealy Inc.from conspiracy of price-fixing.4.What is the issue for the Court to decide?Whether the appellee conspired to allocate mutually exclusive territory among its manufacturers。
《法律英语》试卷
《法律英语》考试卷（A）（2020 ----2021学年第一学期）考试形式闭卷使用学生00916班考试时间90分钟出卷时间2021年1 月 5 日说明：考生应将全部答案都写在答题纸上，否则作无效处理。
I. Write out the legal English terminology matching with the following Chinese phrases.写出与下列汉语词语相对应的法律英语术语（10分）1.原告plaintiff； 2.被告defendant； 3.上诉人appellant； 4.陪审员Juror； 5.仲裁arbitration； 6.上诉appeal；7.维持原判Uphold the original verdict；8.最高院Supreme Court；9.法律冲突Conflict of laws；10.普通法系Common law systemII. Case analysis.案例分析（40分）ommissions including Marbury in 1800. The later sues Madison to Federal Supreme Court. The chief Madison as a new secretary of state , hearing new president Jefferson’s order, detains 17 judge cjudge Marshall deal the dispute wisely. Although Marbury hasn’t got any relief from court, Madison’s illegal action receives no punishment, and Federal Supreme Court hasn’t trial the case, the case is the most important one in America judicial system, especially to the establishment of three powers’check and balance system and to great America constitution. Analyze the case and show your own opinion.III.System comparing. 制度比较（25分）write the main actions and tasks which a judge should do in a trial in American court. And comparing the judge’s work between common law system and civil law system.写出美国法院审判中，法官所做的行为和索要完成的主要任务。
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I. Translate the following legal terms into English. (20 points)1. 默示合同2. 法律推定3. 反诉4. 制衡原则5. 上诉管辖权6. 举证责任7. 不当得利8. 流通票据9. 替代送达10.一事不再理II. Of the following four choices marked A, B, C, and D, only one is the best. Please choose it (20 points)1.A warrant isA.a writ or paper issued by a judge ormagistrate that allows the police toarrest a person or search a place.B.a written guarantee, issued to thepurchaser of an article by itsmanufacturer, promising to repair orreplace it if necessary within aspecified period of time.C.a person who is an example of whatnot to do.D.a person who gives a warranty.2.A subpoena isA.issued by court to make a judgmentof a civil case.B.the verdict agreed by the majoritymembers of the jury.C.a written order issued by court thatrequires a person to appear in alaw-court.D.a written order by court to make adecision as to the validity of theevidence provided by a party in alaw-court.3.R es judicata isA.the principle that the occurrence ofan accident implies negligence ifcircumstances were such that itwould not ordinarily otherwise have happened.B.a rule that a matter once judiciallydecided is finally and conclusivelydecided and can not be re-litigated.C.the doctrine which holds that anemployer or principal is responsiblefor the acts and omissions ofemployees or agents, when thoseacts are within the scope of theirduties as employees or agents.D.a matter incidental to the main orprincipal fact which helps explainthat fact. 4.W hich of the following is Not the factor of a contract?A.paymentB.offer;C.consideration;D.meeting of minds;5.T he general purpose of the Uniform Commercial Code (“UCC”) is toA.protect the consumer.B.protect the merchant who deals ingoods.C.standardize commercial law andfacilitate commercial transactions.D.protect parties from entering intounconscionable contracts.6.A criminal proceeding isA.a civil wrong by one person againstanother person.B.one brought by the government toenforce a contract between a minorand an adult.C.a civil wrong against society or thepublic.D.one brought by the people, or thestate, against the accused.7.W hen a seller breaches a contract for the sale of goods by deliveringnon-conforming goods, the risk of lossA.is unaffected by the seller’s breach.B.remains on the seller infinitely.C.remains on the seller until thenonconformity is cured or the buyeraccepts the nonconformity goods.D.is transferred to the buyer.8.L ocal actions involveA.the ownership, possession of orinjury to real property.B.the signature, enforcement of acontract.C.how a contract dispute is appealed.D.whether a jurisdiction over personsoutside the jurisdiction’s borders isvalid.9.R ose is moving from her residence to another city and wishes to sell her piano. George inspects her piano and decides to buy it. Rose receives her money and tells George he can take the piano right then. George says he needs to borrow his friend’s truck before he can remove the piano, that night, the piano is destroyed by the fire. Georgesues to recover his money. Which of the following statements is true?A.Rose wins. The risk of loss passedto George as soon as the contractwas made.B.Rose wins. The risk of loss passedto George when Rose said he couldtake the piano.C.George wins. The risk of loss doesnot pass until George takes deliveryof the piano.D.George wins. The risk of loss doesnot pass until George receives adocument of title.10.Which statement about the Constitution of the United States of America is not true?A.The Constitution specifies thepowers and duties of each branch.B.The Constitution reserves allunenumerated powers for therespective states and the people.C.The Constitution is the supreme lawof the United States.D.The United States Constitution isthe lengthiest and oldest writtenconstitution still in use by any nationin the world today.III. Translate the following sentences into English (20 points)1.宪法第十四条修正案规定，非经正当法律程序，任何州不得剥夺任何公民的权利和豁免权。
2. 在故意或欺诈性不当陈述的案件中，受害者可以选择诉讼以取得金钱赔偿金。
3．If promise results from mistake, misrepresentation, fraud or duress, its validity can be challenged for a lack or meeting of minds.4. A work enjoys copyright protection from the moment it is fixed in a tangible medium, such as on paper or magnetic tape, provided that it is an original work of authorship.5. The rules governing the acquisition, ownership, and transfer of property bulk large in the laws of all nations operating under an economic system of private capitalism. IV. There are 10 statements. Make a judgment whether they are true or false. （10 points）1.A criminal proceeding is one brought by an organization against an individual.2.A ny contract must have a consideration to support it.3.C ounteroffer and offer are the facts by which the parties come to a “meeting of minds”.4.A ll contracts that are made in writing are enforceable, all oral contracts are not enforceable.5.B ilateral contract must have consideration.6.A contract that has been made between a minor and an adult is necessarily invalid and thus can be cancelled.7.A 17-year-old Chinese signs a contract with another 25-year-old Chinese, and such a contract is void because one party is a minor.8.T he inner thoughts of the parties to a contract are the manifestation of the parties’ mutual assent.9.M utuality of consideration is the basis of the establishment of a contract.10.An express contract occurs when the parties state their agreement in writing. V. Cases and topic expounding. (30 points)1. Case analysis (20 points)Case 1: Facts: On January 1, Abel, owner of Blackacre, gives a deed conveying Blackacre to Benjamin, a legally bona fide purchaser, in exchange for＄100,000. On February 1, Abel gives a deed conveying Blackacre to Caleb, a legally bona fide purchaser, in exchange for＄120,000. On March 1, Abel gives a deed conveying Blackacre to Deborah, who knows of the conveyances of January 1 and February 1, in exchange for ＄20,000. Deborah records his deed on March 2. Benjamin records his deed on March 3. Caleb records his deed on March 4. Under a race-notice statute, who holds legal title on March 5? Why?Case 2：Facts:Company X orders 10,000 pieces of equipment from company Y. the price is ＄10,000, and ＄5,000 is paid in advance. After company Y has manufactured 5,000 pieces of equipment and delivered 1,000 of them to company X,the government outlaws the manufacture and sale of such equipment.Issue: ⑤how to deal with the problem of frustration of this contract？Please use contract law theory and explain the reason.2.Topic expounding (10 points)Please elaborate on the function of law.。