11法律英语阅读模拟试卷

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 is

A.a writ or paper issued by a judge or

magistrate that allows the police to

arrest a person or search a place.

B.a written guarantee, issued to the

purchaser of an article by its

manufacturer, promising to repair or

replace it if necessary within a

specified period of time.

C.a person who is an example of what

not to do.

D.a person who gives a warranty.

2.A subpoena is

A.issued by court to make a judgment

of a civil case.

B.the verdict agreed by the majority

members of the jury.

C.a written order issued by court that

requires a person to appear in a

law-court.

D.a written order by court to make a

decision as to the validity of the

evidence provided by a party in a

law-court.

3.R es judicata is

A.the principle that the occurrence of

an accident implies negligence if

circumstances were such that it

would not ordinarily otherwise have happened.

B.a rule that a matter once judicially

decided is finally and conclusively

decided and can not be re-litigated.

C.the doctrine which holds that an

employer or principal is responsible

for the acts and omissions of

employees or agents, when those

acts are within the scope of their

duties as employees or agents.

D.a matter incidental to the main or

principal fact which helps explain

that fact. 4.W hich of the following is Not the factor of a contract?

A.payment

B.offer;

C.consideration;

D.meeting of minds;

5.T he general purpose of the Uniform Commercial Code (“UCC”) is to

A.protect the consumer.

B.protect the merchant who deals in

goods.

C.standardize commercial law and

facilitate commercial transactions.

D.protect parties from entering into

unconscionable contracts.

6.A criminal proceeding is

A.a civil wrong by one person against

another person.

B.one brought by the government to

enforce a contract between a minor

and an adult.

C.a civil wrong against society or the

public.

D.one brought by the people, or the

state, against the accused.

7.W hen a seller breaches a contract for the sale of goods by delivering

non-conforming goods, the risk of loss

A.is unaffected by the seller’s breach.

B.remains on the seller infinitely.

C.remains on the seller until the

nonconformity is cured or the buyer

accepts the nonconformity goods.

D.is transferred to the buyer.

8.L ocal actions involve

A.the ownership, possession of or

injury to real property.

B.the signature, enforcement of a

contract.

C.how a contract dispute is appealed.

D.whether a jurisdiction over persons

outside the jurisdiction’s borders is

valid.

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. George