法律英语试题2013-2014
法考英语试题及答案
法考英语试题及答案一、选择题(每题1分,共10分)1. The defendant in a criminal case is entitled to ________.A. a fair trialB. a quick trialC. a public trialD. all of the above2. Which of the following is NOT a fundamental principle of criminal law?A. the presumption of innocenceB. the right to legal representationC. the right to a jury trialD. the prohibition of double jeopardy3. The term "actus reus" refers to the ________.A. guilty mindB. guilty actC. guilty intentionD. guilty knowledge4. In legal terms, "mens rea" is the Latin term for ________.A. the actB. the crimeC. the intentD. the punishment5. The doctrine of "res ipsa loquitur" implies that ________.A. the burden of proof is on the defendantB. the facts speak for themselvesC. the defendant is presumed guiltyD. the plaintiff must prove intent6. Which of the following is NOT a type of legal document?A. summonsB. subpoenaC. indictmentD. invoice7. The right to remain silent is a protection against________.A. self-incriminationB. false accusationsC. harassmentD. defamation8. A "plea bargain" is an agreement between the defendant and the prosecution to ________.A. admit guilt in exchange for a reduced sentenceB. change the chargesC. request a new trialD. appeal the case9. The "exclusionary rule" in criminal procedure means that ________.A. evidence obtained illegally is admissibleB. evidence must be presented in a certain orderC. illegally obtained evidence is not admissible in courtD. evidence must be presented within a certain time frame10. The term "habeas corpus" is used to challenge ________.A. the legality of detentionB. the severity of a sentenceC. the validity of a convictionD. the appropriateness of a plea bargain二、填空题(每空1分,共10分)11. In a criminal trial, the burden of proof lies with the________.12. The term "due process" refers to the fundamental rights that must be respected in legal proceedings to ensure a fair trial.13. A "witness" is a person who has observed an event and can provide ________ testimony.14. The "right to confront" allows a defendant to ________ witnesses against them.15. A "class action" is a type of lawsuit in which a large group of people with similar claims sues as a single entity.16. The "Bill of Rights" is the first ten amendments to the U.S. Constitution, which includes protections for ________ rights.17. A "default judgment" is entered when the defendant fails to ________ in a lawsuit.18. The "emolument clause" in the U.S. Constitution prohibits government officials from receiving gifts from foreign entities.19. "Judicial review" is the power of the courts to determine the constitutionality of laws and government actions.20. "Probable cause" is the standard used to determine if there is sufficient reason to believe a crime has beencommitted and to justify ________.三、简答题(每题5分,共20分)21. Explain the concept of "double jeopardy" in criminal law.22. What are the rights of a defendant during a trial?23. Describe the process of a "grand jury" in the context of criminal law.24. What is the purpose of "voir dire" in a jury selection process?四、案例分析题(每题15分,共30分)25. A defendant is accused of a crime but has an alibi that places him in another city at the time of the crime. How might this affect the outcome of the trial?26. Discuss the implications of the "Miranda warning" for law enforcement and suspects during an arrest.五、论述题(30分)27. Discuss the importance of the "right to a fair and speedy trial" and how it is safeguarded in the legal system.答案:一、选择题1. D2. C3. B4. C5. B6. D7. A8. A9. C10. A二、填空题11. prosecution12. due process13. testimonial14. cross-examine15. legal16. fundamental17. appear。
法律英语试题与答案
法律英语试题与答案法律英语试题与答案一、单项选择题(每题的备选项中,只有1个最符合题意)1、王某贩卖盗版光碟被文化局查处,罚款1000元。
王某不服申请行政复议,但是复议机关也维持了处罚决定。
王某逾期不履行维持原具体行政行为的行政复议决定,应当如何处理?()A.由作出原具体行政行为的行政机关依法强制执行,或者申请人民法院强制执行B.由行政复议机关依法强制执行C.由行政复议机关申请人民法院强制执行D.由作出原具体行政行为的行政机关或行政复议机关依法强制执行,或者申请人民法院强制执行2、对复议机关的复议决定不服,是否可以向复议机关的上级机关申请再复议?()A.不能申请再复议,因为我国行政复议实行一级复议制B.一般情况下,不能申请复议,但法律另有规定时,可以在经过一级复议后申请再复议C.一般情况下,不能申请复议,但行政法规另有规定时,可以在经过一级复议后申请再复议D.一般情况下,不能申请复议,但规章另有规定时,可以在经过一级复议后申请再复3、对某市某县公安局派出所以该县公安局的名义作出的具体行政行为不服申请的复议,应由下列哪项所述机关管辖?()A.该县公安局B.该派出所C.该县人民政府或某市公安局D.某市人民政府4、对复议前置的案件,行政复议机关决定不予受理或者超期不作答复的,申请人可以依法()。
A.向上级机关申诉B.向上级行政机关申请复议C.向人民法院提起行政诉讼D.无法提起行政诉讼5、A市某县土地管理局以刘某非法占地建住宅为由,责令其限期拆除建筑,退还所占土地。
刘某不服,申请行政复议。
下列哪种说法是正确的?( )A.复议机关只能为A市土地管理局B.若刘某撤回复议申请,则无权再提起行政诉讼C.刘某有权委托代理人代为参加复议D.若复议机关维持了某县土地管理局的决定,刘某逾期不履行的,某县土地管理局可以自行强制执行6、为了加强治安管理,某治安联防队受公安机关的委托维持当地的社会治安,在一次巡逻中,因发现王某一伙人有结伙殴斗的危险,遂对王某等人进行了警告,但王某不服提出复议,那么此案,应以谁为被申请人?( )A.治安联防队B.公安机关C.治安联防队和公安机关D.不能申请复议,谈不上以谁为被申请人7、熊某与李某同为某乡农民,2004年12月6日,两人因宅基地的事发生争执,李某乘熊某不备向其腰间踢了一脚,熊某被送往医院,经诊断后认定肋骨骨折,但后果并非特别严重,未构成犯罪,乡派出所对此事进行调查后对李某作出罚款1000元的行政处罚。
法学11级法律英语A
20 13 –2014学年第一学期武昌理工学院试题课程名称:法律英语考生专业班级:法学1101班考试时间: 90 分钟 A √ B 卷开闭√卷请注意:考生不得在试题纸上答题.( 含填空、选择等客观题) 题号I II III IV V 总分阅卷人题分20 20 20 20 20 100得分I. Literary terms translation: English into Chinese. (20 points, 1 point for each)1. bar examination2. constitutional supremacy3.capital punishment4.substantive law5. Equity law6.party7. barrister 8.case method9. Separation of powers 10.litigant11. Trial court mon law13. Tort law 14.civil procedure15. The Senate 16.corporation law17. Judicial system 18.rules of evidence19. Appellate court 20. First degree of murderII. Literary terms translation: Chinese into English. (20 points, 1 point for each) 1.被上诉人 2.模拟法庭3.新政4.检察官起诉书5.最高法院6.财产法7.强制执行8.刑法9.牛津条例10.行政行为11.巡回法院12.专职律师13.听证会14.法律文书15.三级审判制16.正当程序17.普选18.司法审查19.死刑处罚20.不动产III. True or false statements. (20 points, 1 point for each)1.The United States belongs to the common law system.2.Nebraska has adopted a two-tiered system in its judicial system.3.It is quite easy to define law and American Law.4.The three branches of the United States are: the legislative, executive and judicial system.5.The legislature generally makes laws while the jurisdiction enforces laws.6.Federal law courts are superior to state or district law courts.7.Killing another person in self-defense is justifiable homicide.8. There are three factors necessary to create a contract: an offer, acceptance, and consideration.9. Torts include all negligence cases as well as intentional wrongs which result in harm.10. Equity law originally appears as a remedy to common law.11. Contract and agreement are the same according to American contract law.12. Slander is criminal not tortuous according to Federal law.13. House counsel, generally speaking, serves private business concern.14. In America, law school students usually go to work for government for a certain period of time.15. Law school hierarchy exists in almost all American law schools.16. Battery does not belong to intentional tort.17. A judge is not removed from his post even if he has made some gross misconduct.18. In America, the Constitution is superior to all other state laws.19. Two presidents have been impeached in the United States by far.20. There is no general homicide law in Federal Homicide Law.IV. Short questions. (20 points, 5 points for each)1. What are the two main legal systems in the world and what are their main differences?2.What are the basic requirements for admission to practice law in the United States?3. How are laws classified in Anglo-American countries?4. What activities is a lawyer permitted to engage in besides practicing law?V. Passage translation. (20 points, 10 points for each)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.2.About Miranda Warning:You have the right to remain silent and refuse to answer questions.Anything you do say may be used against you in a court of law.You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.。
高中英语真题-2013~2014学年第一学期入学考试试卷高三英语
高中英语真题:2013~2014学年第一学期入学考试试卷高三英语(总分:100分时间:90分钟)第I卷(选择题,共80分)一.听力理解(总计20分,第一部分共15小题,15分)第一节(共5小题;每小题1分,共5分)听下面5段对话或独白。
每段对话或独白后有一道小题,从每题所给的A、B、C三个选项中选出最佳选项。
听完每段对话或独白后,你将有10秒钟的时间来回答有关小题和阅读下一小题。
每段对话或独白你将听一遍。
Who answered the phone?Mike B. HenryC. TomWhat’s the woman’s favourite food?Italian. B. Chinese.C. IndianWhen does the first flight arrive in ?5:18am. B.6:10amC.8:50amWhat is the woman looking for?Zoo B. TelephoneC. Tennis courtWhat will the weather be like at the weekend?Cloudy. B. Snowy.C. Sunny第二节(共10小题,每小题1分,共10分)听下面4段对话或独白,每段对话或独白后有几道小题,从每题所给的A、B、C三个选项中选出最佳选项。
听每段对话或独白前,你将有5秒钟的时间阅读每小题。
听完后,每小题将给出5秒钟的作答时间。
每段对话或独白你将听两遍。
听第6段材料,回答第6至7题。
Where are the two speakers?In the hotel B In a shopC. In a restaurantHow much did the man pay in the end?$115. B. $130C. $140听第7段材料,回答第8至9题。
What did the man do last weekend?Watched TV. B. Stayed at home.C. Visited a friendWhat will the woman probably do this weekend?Play tennis. B. Do some shoppingC. Go to a dance听第8段材料,回答第10至12题。
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"。
高三英语法律条文解读单选题30题
高三英语法律条文解读单选题30题1.The court issued a/an ______ ordering the defendant to pay damages.A.judgmentB.decisionC.rulingD.opinion答案:C。
“judgment”主要指法庭的判决;“decision”通常指决定;“ruling”有裁决、裁定之意,在这里“法院发布的要求被告支付损害赔偿的”用“ruling”更恰当;“opinion”是意见。
2.In a criminal case, the ______ has the burden of proving guilt beyond a reasonable doubt.A.prosecutorB.defendantC.judgeD.witness答案:A。
“prosecutor”检察官,在刑事案件中检察官有责任在排除合理怀疑的情况下证明有罪;“defendant”被告;“judge”法官;“witness”证人。
3.A person who is found guilty may be sentenced to ______.A.fineB.imprisonmentmunity serviceD.all of the above答案:D。
一个被认定有罪的人可能被判处罚款(fine)、监禁(imprisonment)、社区服务(community service)等。
4.The right to a fair trial is guaranteed by ______.A.the ConstitutionB.statute lawC.case lawmon law答案:A。
公平审判的权利是由宪法(the Constitution)保障的;“statute law”制定法;“case law”判例法;“common law”普通法。
5.Legal documents must be drafted with precision and ______.A.accuracyB.carelessnessC.hasteD.negligence答案:A。
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。
高中英语真题-2013-2014学年第二学期
高中英语真题:2013-2014学年第二学期(题目卷)(完卷时间:120分钟,总分:150分)页脚注意事项:请将答案填写在答题卷上。
第I卷:选择题部分(满分115分)第一部分听力(共两节,满分30分)第一节:(共5小题;每小题1.5分,满分7.5分)听下面5段对话,每段对话后有一个小题,从题中所给的A、B、C三个选项中选出最佳选项,并标在试卷的相应位置。
听完每段对话后,你都有10秒钟的时间来回答有关小题和阅读下一小题,每段对话仅读一遍。
1. Where does the conversation probably take place?A. At home.B. At a hospital.C. At a school.2. What does the woman want the man to do?A. Go to a museum with her.B. Stop producing new products.C. Stop buying iPads.3. Why is the man leaving the party?A. He doesn’t like the party.B. He wants to spend time with Lisa.C. He wants the woman to give him a lift.4. What’s the most probable relationship between the two spea kers?A. Passenger and air hostess.B. Teacher and student.C. Fellow workers.5. What are the two speakers mainly talking about?A. Where to eat tonight.B. What to do tonight.C. What film to see tonight.第二节:(共15小题;每小题1.5分,满分22.5分)听下面5段对话或独白,每段对话或独白后有几个小题,从题中所给的A、B、C三个选项中选出最佳选项,并标在试卷的相应位置。
2013级在职法硕第一学期法律英语复习题
2013级在职法硕第一学期法律英语复习题第一部分法律术语翻译第一课Legal System 法律制度1.United States Supreme Court 美联邦最高法院mon law legal system 普通法法系3.case law 判例法4.statutory law / written law 成文法5.civil law 民法6.classical Roman law 古罗马法7.private law/ privacy 私法8.public law 公法9.binding interpretation 有约束力的法律解释10.i tinerant judge (英国皇家法院的)巡回法官11.E nglish royal court 英国皇家法院12.e nforcement 强制执行13.c laim, action 诉讼请求14.w rit upon the case 本案令状15.e quity law 衡平法16.E x aequo et bone (拉丁语)公平且善良17.s pecific performance 特定履行/实际履行18.i njunction 强制令19.e quitable relief 衡平法上的救济20.c ommon law relief 普通法救济21.c ommon law damages 普通法损害赔偿金22.c hancery court 衡平法院23.c ivil suit 民事诉讼24.j urisdiction (美)司法管辖区25.t rial by jury 陪审团审判26.r emedy 救济27.j udge-made law 法官定法/法官制定的法律28.r ecourse 追索权29.r eal property 不动产第二课Legal Profession 法律职业1. legal profession 法律职业2. the bar 律师协会/律师职业3. Multi state Bar Exam 多州联考4. federal court 联邦法院5. board of direction 董事会6. client 当事人7. Attorney General 总检察长8. Chief Justice 首席大法官9. barrister 诉讼律师10. solicitor 非诉讼律师11. advocacy 辩护12. counseling 咨询13. drafting 起草14. litigation 诉讼15. preventive law 预防性法律16. U.S. Department of Justice 美国司法部17. prosecutor 检察官18. district attorney 区检察官19. Congress 国会20. state governor 州长第二部分英译汉和汉译英1.The enforcement of a claim presupposed the existence of a special form of action, a writ, with the result that the original common law represented a system of “actions” similar to that of classical Roman law.某项诉讼请求的强制执行是以法院令状这种特殊诉讼行为形式之存在为前提的,而这就使最初的普通法表现为由类似于古罗马法的“诉讼行为”所构成的体系。
12法律英语三习题题库-推荐下载
武昌理工学院三习题题库系别英语系课程名称法律英语授课教师谭宗燕总学时36教学班级法学1201,1202班教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月21日 文法与外语学院制法律英语三习题汇总Lesson One Legal System预习题1.What are the major legal systems in the world?2.What is the characteristic of the American Legal System?3.How could people obtain justice, if not in the common law courts?复习题mon law vs. equity law2.Characteristics of American legal systemmon legal terms练习题I. Answer the following questions according to the text:1.What law is the basis of law in English-speaking countries?2.Why did the English call their system the common law?3.How are cases decided in common law countries?4.What is the important factor in understanding the legal environment in civil or common law countries?5.In what way is common law system different from the civil law system? II.Translate the following sentences:1.美国和英国是普通法国家的代表。
12法律英语三习题题库
武昌理工学院三习题题库系别英语系课程名称法律英语授课教师谭宗燕总学时36教学班级法学1201,1202班教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月21日文法与外语学院制法律英语三习题汇总Lesson One Legal System预习题1. What are the major legal systems in the world?2. What is the characteristic of the American Legal System?3. How could people obtain justice, if not in the common law courts?复习题mon law vs. equity law2.Characteristics of American legal systemmon legal terms练习题I. Answer the following questions according to the text:1.W h a t l a w i s t h e b a s i s o f l a w i n E n g l i s h-s p e a k i n g c o u n t r i e s?2.W h y d i d t h e E n g l i s h c a l l t h e i r s y s t e m t h e c o m m o n l a w?3.H o w a r e c a s e s d e c i d e d i n c o m m o n l a w c o u n t r i e s?4.W h a t i s t h e i m p o r t a n t f a c t o r i n u n d e r s t a n d i n g t h e l e g a le n v i r o n m e n t i n c i v i l o r c o m m o n l a w c o u n t r i e s?5.I n w h a t w a y i s c o m m o n l a w s y s t e m d i f f e r e n t f r o m t h e c i v i l l a w s y s t e m?I I.T r a n s l a t e t h e f o l l o w i n g s e n t e n c e s:1.美国和英国是普通法国家的代表。
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。
法律英语试题_案例分析(3篇)
IntroductionThe following case analysis focuses on the legal dispute between Johnson and Smith, which revolves around the interpretation of a lease agreement. This case is significant as it highlights the importance of clear and unambiguous language in legal documents and the implications of contractual obligations under English law.Facts of the CaseIn 2010, Johnson, a property developer, entered into a lease agreement with Smith, a tenant, for a commercial property located in London. The lease agreement was for a term of five years, commencing on January 1, 2011. The lease agreement contained several key terms, including:1. Rent: The monthly rent was set at £10,000, payable by the 15th of each month.2. Maintenance and Repairs: The tenant was responsible for all internal maintenance and repairs.3. Insurance: The tenant was required to maintain insurance on the property for the benefit of the landlord.4. Subletting: The tenant was prohibited from subletting the property without the prior written consent of the landlord.In 2013, Smith suffered significant financial difficulties and sought to sublet the property to a third party. Johnson, however, refused to provide consent, citing the subletting clause in the lease agreement. Smith, in turn, argued that the clause was void and unenforceable due to its ambiguity.IssueThe central issue in this case is whether the subletting clause in the lease agreement is void and unenforceable due to ambiguity, or whetherit is a valid and enforceable term of the agreement.1. Ambiguity in the Subletting ClauseThe subletting clause in the lease agreement reads as follows:"Tenant shall not sublet the Property without the prior written consent of Landlord, which consent shall not be unreasonably withheld."The key issue here is the phrase "which consent shall not be unreasonably withheld." The tenant argues that this phrase is ambiguous, as it does not define what constitutes "unreasonable" behavior on the part of the landlord. The tenant further argues that this ambiguity makes the clause void and unenforceable under English law.2. Interpretation of ClausesUnder English law, when interpreting a lease agreement, the courts will generally apply the following principles:- Natural and ordinary meaning: The court will interpret the clause in accordance with its natural and ordinary meaning.- Context: The court will consider the context in which the clause is used and the surrounding circumstances.- Commercial common sense: The court will apply commercial common sense in interpreting the clause.In the case of Johnson v. Smith, the court will likely examine the natural and ordinary meaning of the subletting clause. The phrase "unreasonably withheld" may be interpreted to mean that the landlord must have a valid reason for refusing consent to subletting. However, the absence of a specific definition of "unreasonable" could be seen as a gap in the agreement.3. Enforceability of the ClauseIf the court finds that the subletting clause is ambiguous, it will then consider whether the ambiguity is such that it renders the clause void and unenforceable. The court may find that, in the absence of a cleardefinition of "unreasonable," the clause is too uncertain to be enforceable. Alternatively, the court may attempt to construe the clause in a way that makes it enforceable, or it may even rewrite the clause to provide clarity.DecisionBased on the analysis above, the court may reach one of the following decisions:- Void and Unenforceable: The court may find that the subletting clause is void and unenforceable due to ambiguity, as it does not provide a clear definition of what constitutes "unreasonable" behavior on the part of the landlord.- Enforceable with Interpretation: The court may interpret the clause to mean that the landlord must have a valid reason for refusing consent to subletting, and may construe the clause to provide clarity on what constitutes "unreasonable" behavior.- Rewriting the Clause: The court may rewrite the clause to provide a clear definition of "unreasonable" behavior, thereby making the clause enforceable.ConclusionThe case of Johnson v. Smith highlights the importance of clear and unambiguous language in legal documents. It underscores the principle that parties to a contract must be able to understand their rights and obligations, and that ambiguity can render a clause void and unenforceable. In this case, the court's decision will likely hinge on the interpretation of the subletting clause and the extent to which itis considered ambiguous. The outcome of the case will have significant implications for both landlords and tenants in the commercial property sector.第2篇IntroductionThe following case analysis focuses on the legal dispute between Smith and Johnson, which revolves around the interpretation of a lease agreement and the rights and obligations of the parties involved. This case provides a comprehensive overview of the legal principles governing lease agreements, contractual interpretation, and the rights of tenants and landlords under the law. The analysis will delve into the facts of the case, the arguments presented by both parties, the court's decision, and the broader implications of the ruling.Facts of the CaseIn 2010, Smith entered into a lease agreement with Johnson for a rental property located in the city of XYZ. The lease agreement, which was in writing, specified a term of one year, starting from January 1, 2010, and ending on December 31, 2010. The agreement also included provisions regarding rent, maintenance responsibilities, and the conditions under which the lease could be terminated.During the term of the lease, Smith and Johnson had several disputes, including disagreements over the payment of rent, the maintenance of the property, and the condition of the property at the end of the lease. Despite these disputes, both parties continued to reside at the property until December 31, 2010, when Smith moved out.Following Smith's departure, Johnson inspected the property and discovered that certain damages had been caused to the property during Smith's tenancy. Johnson claimed that Smith had failed to maintain the property in good condition and that he was entitled to recover the cost of repairing the damages from Smith.Smith, on the other hand, argued that the lease agreement included a clause stating that the tenant was not responsible for damages that occurred due to normal wear and tear. Smith claimed that the damages discovered by Johnson were a result of normal wear and tear and that he was therefore not liable for the repairs.Arguments of the PartiesSmith's ArgumentSmith's primary argument was based on the interpretation of the lease agreement. He claimed that the clause regarding damages due to normal wear and tear was clear and unambiguous, and that it relieved him from liability for any damages that were a result of such wear and tear. Smith further argued that the damages discovered by Johnson were aresult of normal wear and tear, as evidenced by the age of the property and the length of time Smith had occupied it.Johnson's ArgumentJohnson's argument focused on the enforcement of the lease agreement and the principle of good faith. He claimed that the clause regarding damages due to normal wear and tear was subject to interpretation and that it did not relieve Smith of liability for damages that were clearly beyond the scope of normal wear and tear. Johnson further argued that Smith's actions in failing to maintain the property in good condition were in bad faith and that he was therefore liable for the cost of repairing the damages.Court's DecisionThe court, after considering the arguments of both parties, ruled in favor of Johnson. The court held that the clause regarding damages due to normal wear and tear was ambiguous and that it did not clearlyrelieve Smith of liability for all damages. The court further held that the damages discovered by Johnson were not the result of normal wear and tear but were instead caused by Smith's failure to maintain the property in good condition.The court noted that the lease agreement did not define what constitutes "normal wear and tear" and that it was therefore up to the court to determine the meaning of the term. The court found that the damages in question were not the result of ordinary use but were instead caused by Smith's actions, such as failing to repair a broken window that led to water damage.AnalysisThis case provides several important lessons regarding lease agreements and contractual interpretation:1. Clarity in Lease Agreements: The court emphasized the importance of clear and unambiguous language in lease agreements. Parties shouldstrive to ensure that all terms are clearly defined to avoid disputes and misunderstandings.2. Contractual Interpretation: The court's decision highlights the principles of contractual interpretation, including the need to consider the plain meaning of terms, the context of the agreement, and the intent of the parties.3. Good Faith: The court's ruling also underscores the importance of good faith in contractual relationships. Landlords and tenants are expected to act in good faith and fulfill their obligations under the lease agreement.4. Damages and Liability: The case illustrates the distinction between damages due to normal wear and tear and damages caused by the tenant's actions. Landlords and tenants should be aware of their respective obligations regarding the maintenance and repair of the property.ConclusionThe case of Smith v. Johnson serves as a valuable lesson for landlords and tenants regarding the importance of clear lease agreements, the principles of contractual interpretation, and the obligations of parties under the law. By understanding these principles, both landlords and tenants can avoid disputes and ensure a smooth rental relationship.第3篇IntroductionThe following case analysis explores the legal implications of the case Johnson v. Smith, which involves a dispute over property rights and contractual obligations. The case highlights the importance of contract law, property law, and the principles of equity in the resolution of legal disputes. This analysis aims to provide a comprehensiveexamination of the facts, the law, and the arguments presented by the parties involved, ultimately leading to a well-reasoned conclusion.Facts of the CaseIn the summer of 2010, John Johnson and Mark Smith entered into a verbal agreement to develop a piece of land owned by Johnson. According to the agreement, Smith would provide the necessary labor and materials to construct a residential property on the land, and Johnson would provide the funding for the project. The parties agreed that the property would be jointly owned once the construction was completed.The construction commenced in early 2011, but Smith soon fell behind on his work. Johnson, concerned about the delays and the potentialfinancial loss, attempted to terminate the agreement. However, Smith refused to comply with the termination and continued to work on the property.By the end of 2012, the property was nearly completed, but Smith had not fulfilled all his obligations under the agreement. Johnson, frustrated with the situation, decided to take legal action against Smith, seeking a declaratory judgment that would establish his rights under the agreement and order Smith to complete the construction.Legal Issues1. Contract Law- Formation of the Contract: The first issue in this case is whether a valid contract was formed between Johnson and Smith. A contract is generally formed when there is an offer, acceptance, consideration, intention to create legal relations, and certainty of terms.- Performance of the Contract: The second issue is whether Smith breached the contract by failing to complete the construction as agreed.A breach of contract occurs when one party fails to perform their obligations under the contract.- Remedies for Breach: If Smith is found to have breached the contract, Johnson may seek remedies such as specific performance, damages, or rescission.2. Property Law- Joint Ownership: The third issue is whether the property should be jointly owned by Johnson and Smith, as per their agreement. Joint tenancy, tenancy in common, and tenancy by the entirety are the primary forms of joint ownership.- Title to the Property: Johnson may also claim that he has a superior title to the property due to his contributions of funding and potential breach of contract by Smith.3. Equity- Equitable Relief: Johnson may seek equitable relief, such as specific performance, to ensure that he receives the benefit of the agreement. Equity principles are often applied when contract law does not provide an adequate remedy for a breach.Arguments of the PartiesJohnson's Arguments:- Johnson argues that a valid contract was formed between him and Smith, and that Smith breached the contract by failing to complete the construction as agreed.- Johnson asserts that he has a superior title to the property due to his contributions of funding and that he is entitled to equitable relief to ensure that he receives the benefit of the agreement.- Johnson seeks a declaratory judgment that would establish his rights under the agreement and order Smith to complete the construction.Smith's Arguments:- Smith argues that a valid contract was formed between him and Johnson, but that he was unable to complete the construction due to unforeseen circumstances.- Smith claims that he is not in breach of the contract and that Johnson's attempt to terminate the agreement was unjustified.- Smith requests that the court dismiss Johnson's claims and allow him to continue working on the property.Analysis and ConclusionAfter reviewing the facts and arguments of the parties, the court must determine whether a valid contract was formed, whether Smith breached the contract, and what remedies are available to Johnson.Formation of the Contract:The court will likely find that a valid contract was formed between Johnson and Smith. The parties exchanged promises, there was consideration (Johnson's funding and Smith's labor), and an intention to create legal relations. The agreement, although verbal, is enforceable under contract law.Performance of the Contract:The court will likely find that Smith breached the contract by failing to complete the construction as agreed. The delays and Smith's refusal to comply with the termination of the agreement demonstrate a clear breach of the contract.Remedies for Breach:The court may award Johnson specific performance, ordering Smith to complete the construction. Alternatively, the court may award damages to Johnson for the breach of contract.Equity:The court may also consider equitable principles to ensure that Johnson receives the benefit of the agreement. Specific performance may be anappropriate remedy to ensure that Johnson does not suffer a financial loss due to Smith's breach of contract.Conclusion:In conclusion, the court is likely to rule in favor of Johnson, finding that a valid contract was formed, that Smith breached the contract, and that equitable relief is appropriate. The court may order Smith to complete the construction or award damages to Johnson, ensuring that he receives the benefit of the agreement. This case serves as an important reminder of the complexities involved in contract law and the importance of fulfilling one's obligations under a contract.。
高一英语法律制度单选题50题
高一英语法律制度单选题50题1.There is a law that requires drivers to wear seat belts. “Law” in this sentence means_____.A.ruleB.bookC.penD.car答案:A。
“law”在这个句子中的意思是“规则”,选项A“rule”是规则;选项B“book”是书;选项C“pen”是笔;选项D“car”是汽车。
所以选A。
2.In a court case, the judge makes a decision. “Court case” means_____.A.sports gamew suitC.music concertD.party答案:B。
“court case”是“诉讼案件”的意思,选项A“sports game”是体育比赛;选项B“law suit”是诉讼;选项C“music concert”是音乐会;选项D“party”是聚会。
所以选B。
3.The police officer enforces the law. “Enforces” means_____.A.breaksB.makesC.followsD.carries out答案:D。
“enforces”是“执行”的意思,选项A“breaks”是打破;选项B“makes”是制作;选项C“follows”是跟随;选项D“carries out”是执行。
所以选D。
4.A lawyer represents a client in court. “Represents” means_____.A.helpsB.takesC.stands forD.looks at答案:C。
“represents”是“代表”的意思,选项A“helps”是帮助;选项B“takes”是拿;选项C“stands for”是代表;选项D“looks at”是看。
所以选C。
法律英语试题(2套)
1 A buyer can accept goods by:A. Stating an intention to take them.B. Failing to reject them.C. Treating the goods as if the buyer owned them.D. All of the above.2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.In order for someone to be convicted of a crime, which of the following elements must be present?A. The defendant had a socially maladjusted childhood.B. The defendant had no intent to commit the act.C. The defendant performed a prohibited act.D. The defendant performed a morally questionable act.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:A. Robbery.B. Embezzlement.C. Misappropriation.D. Conversion.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of:A. Battery.B. Larceny.C. Arson.D. ForgeryA homicide committed without malice towards the victim is known as:A. First-degree murder.B. Manslaughter.C. A misdemeanor.D. ExtortionIf you are charged with a crime, you might be able to defend yourself and escape liability if you:A. Committed a prohibited act.B. Were voluntarily intoxicated at the time of the crime.C. Were over the age of sixty-five at the time of crime.D. Were involuntarily intoxicated at the time of crime.One morning in the Laundromat, Duneberry approached Kirksey and said, “If you don’t pay me $ 500 by July 2nd, I’ll beat you to a pulp.”A week later, on July 2nd, Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money, Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law, Duneberry will most likely be found guilty of which of the following crimes:A. Extortion and battery.B. Extortion and robbery.C. Assault and battery.D. Assault and robberyWhich of the following does NOT describe a felony?A. If found guilty, you are sentenced to prison for up to six months.B. If found guilty, you go to a federal or state penitentiary.C. If found guilty, you may face the death penalty.D. If found guilty, you may face life imprisonment.Which of the following is not classified in English law as a tort?A. Defamation.B. Negligence.C. Breach of contract.D. NuisanceEunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Y asser because of the Armenian genocide, but is a friend of Eunice’s, whose present is known to him, draws ascimitar and threatens to behead Yasser. Eunice, who is five months pregnant, suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarriage, Eunice will:A. Lose, because Jacques did not know Eunice was pregnant.B. Win, because it is highly probable that Jacques’extreme and outrageous conduct would inflect emotional distress on Eunice.C. Lose, since Jacques’s tortuous acts were aimed against Yasser, so only Yasser can recover for emotional distress.D. Win, because she is Yasser’s wife.Intent is:A. A factor required to sustain a tort.B. Strict liability.C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.D. Where desert nomads liveFalse imprisonment is:A. Placing a convicted defendant in a maximum security prison.B. A description of when a judge and jury disagree over a sentence.C. A criminal imprisonment for civil wrong.D. The intentional, unlawful confinement of a person against that person’s will.1. Which of the following is/are required in order to hav e a “tender” of goods?A. The seller must put and hold conforming goods at the buyer’s disposal.B. The seller must give notice to the buyer that the goods are available.C. The seller must give notice to the buyer and hold the goods for a reasonable time.D. All of the above are required for tender.2. Rescission may be defined as:A. The substitution of one contract party for another.B. The revision of a contract’s terms to reflect trade usage.C. The full performance of a contract.D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.3. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discover later that the dog is not worth $800, but only $400, can you have the contract rescinded or canceled based on your mistake?A. Yes, if the owner knew the dog was clearly not worth $800.B. Yes, because you had a duty to investigate.C. Probably not, because you made a mistake about the dog’s value, not a mistake of a material fact.D. Probably so, because you made a mistake of an immaterial fact.4. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficient?A. No, because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.B. No, because this kind of bargain violates public policy.C. Yes, based on the clear lack of any bargain.D. Yes, because Liz has promised something of value5. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun, an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk, Reggie tells Hortense, “You have done really good lately. If you can keep it up unti l Christmas, you will get a $500 bonus.” Reggie’s promise could be best characterized as:A. Valid consideration.B. An illusory promise.C. An output contract.D. A requirements contract6. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications:A. Vercingetor ix may not reject Eddy’s performance because Eddy has substantially performed.B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.D. Verci ngetorix may reject Eddy’s performance because it was not precisely what their agreement demanded7. Andronicus, an international dog dealer, offers to pay Justinian, an professional dog breeder, $40,00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”, to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st, Andronicus repudiates. Justinian’s cause of action against Andronicus will accrue:A. Immediately on August 1st.B. Anytime between July 12th and August 12th.C. Either A and B.D. August 12th8. With regard to corporations:A. They may be held liable for crimes, just as individuals may be.B. They may never be held liable for crimes.C. They do not really exist, so they cannot be liable for crimes, only for torts.D. They may only be held liable for crimes if they are privately owned.9. A person may be found not guilty of committing a crime if that person:A. Is over the age of 18.B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.C. Is voluntarily intoxicated.D. Made a mistake of law10. Negligence is:A. Forgetfulness.B. Willful and wanton misconduct.C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.”D. A tort that will impose liability for a breath of a duty that proximately causes an injury11. Immunity is:A. A statutory defense available only to sovereign governments.B. A possible defense to tort liability.C. The right of students in law school to participate in political demonstrations.D. The invulnerability of a trial court judge.12. Kriekor leases an apartment from Methuselah. In this situation, Methuselah is known as:A. The lessor.B. The lessee.C. The tenant.D. The debtor.13. The famous “swoosh” design on the side of NIKE sneakers is an example of:A. A copyright.B. A patent.C. A trademark.D. A trade secret14. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”, you ar e looking at:A. A certification mark.B. A strong mark.C. A patent.D. A licensor15. Suppose that Jami invents and patents his new weeding machine, but never sells it. Louisa borrows the machine from Jami, pulls it apart, copies it, and then sells it. Louisa:A. Has done nothing wrong; competition is a part of our market economy.B. Has not infringed a patent because the product was not “in commerce.”C.Has infringed Jami’s patent rights.D. Has behaved immorally, but not illegally16. One of the ways t o make use of another’s trademark, copyright, patent, or trade secret, while avoiding litigation, is to obtain:A. A cyber mark.B. A business process patent.C. An easement. 地役权D. A license.。
法律英语卷
法律英语卷第 1 页共 3 页成都学院(成都大学)考试试卷课程名称:T est of Legal EnglishA 卷(开卷)2014-2015学年第一学期(适用于法学本2012级1、3班)I. Match each of the following definitions with the terms in the list .( 共10小题,每小题1分,计10分)A. adjudicationB. suitC. answer(n.)D. attorneyE. plaintiffF. jury G . defendant H. evidence I. witness J. subpoena1. ( )case in a law court2. ( )person with legal authority to act for another in business or law3. ( )person who gives evidence in a law court4. ( )a judgment or decision given by the law court5. ( )reply in a law suit6. ( )written order requiring a person to appear in a law court7. ( )person who brings an action at law8. ( )person against whom a legal action is brought9. ( )body of persons who swear to give a decision on issues of fact in a court.10.( )anything that gives reason for believing something, that makes clear or proves something.II. Translate the following into Chinese ( 共20小题,每小题1分,计20分)1. arraignment2. specific performance3. cross-examination4. Proof beyond reasonable doubt5. capital punishment6. Equitable remedy7. adversary system 8. criminal sanction9. preponderant evidence 10. sustain an objection11. request for admission 12. summary judgment motion13. the rule of double jeopardy 14. hung jury15. the attorney-client privilege 16. indictment17. the privilege against self-incrimination 18. deposition19. presumption of innocence 20. binding interpretationIII. Choose a proper word from the list given below foreach of the following blanks, and change the form where necessary . ( 共15小题,每小题1分,计15分)Procedural, common law, procedure, precedent, substantive, code, inquisitorial, hearsay, parties, admissibility, sanctions, prosecutor, in personam , allegation, in rem1. Today England, together with the United States and other former British colonies, follows the .2. _ _law refers to anybody of law creating, defining and regulating rights and obligations within the framework of a single subject.3. Law is concerned with the enforcement of substantive law in a court of law.4. The rules of are intended to promote justice and are to be interpreted flexibly and broadly, in the interest of fairness.5. The common law emphasizes precedent; civil law emphasizes the wording of the applicable.6. The “constitution ” of England is unwritten and is largely based on; hence it is a true creation of the common law.7. The socialist criminal- procedure sys-tem is essentially _ in nature.8.testimony may be admissible as evidence only if the best evidence is unavailable.9. The free of evidence is coupled with the principle of free evaluation of evidence by the judge:10. Under the prevailing socialist law, in interest are not regarded as witnesses in their own case.11. Civil law, like criminal law, is effective mainly because of the which the law imposes upon those who commit violations.12. A is one who takes charge of case and performs functionof trial lawyer for the people.13. A material in a pleading is one essential to the claim or defense.14. An action is a proceeding that takes no cognizance of owner but deter-mines right in specific property against all of the world.15. A judgment brings about a merger of the original cause of action into the judgment and thereafter the action is upon the judgment and not on the original cause of action.第 2 页共 3 页IV . Translate the following sentences into Chinese ( 共5小题,每小题6分,计30分)1. Nevertheless, the reference to the historical development is important because, on the onehand, it explains the origin and significance of many contemporary legal concepts (for instance the division of title in the law of property) and, on the other hand, it is still relevant for the decision of such questions whether, for instance, there is a right to a trial by jury (only in the case of common law suits, in other cases only before the judge).2. Privileged matter is excluded to protect the privacy of individuals in certain relationships (e.g.,doctor-patient, lawyer-client). Persons in a privileged relationship need not reveal any communications that occurred between them. The law places a greater value on preserving the sanctity of those relationships than on the need to find truth based on all the possible evidence.3. You have the right to remain silent. Anything you say can and will be used against you in acourt of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you .4. The adversary process has long been subject to various legal safeguards designed to ensurethat the state will not win a case simply because it has more money, more lawyers, and the superior investigative authority of the government at its disposal .V . Reading the following passages and then do theexercise that comes after ( 共5小题,每小题5分,计25分) Plea Bargaining (辩诉交易)great majority of felony cases carried forward by theprosecutor are This means that convictions generally result from guilty pleas for a variety of reasons. In minor cases, for instance, the likely early stages is influenced by the expectation of bargaining, and the represents one form of plea-bargaining. Explicit plea-bargaining bargain, in which the prosecutor reduces the defendant’s potential a gui lty plea to lesser ones. The latter may be charges already in bring some charges that they have little intention of is the prosecutor’s sentence bargain. Here the prosecutor gives the第 3 页共 3 页学院________________专业________________班级________________学号________________姓名________________——————————————密——————————封—————————线—————————————答题不得超过此线defendant some assurance about the sentence that a judge will hand down. Most commonly, the prosecutor agrees to recommend a particular sentence, with the expectation that the judge will follow that recommendation. The judge, however, is not obliged to do so, and judge sometimes reject bargains where they deem the terms to be adequate.The final category is the judge’s sentence bargain. A judge may indicate the likely sentence that would follow a guilty plea, and the defendant pleads guilty on the assumption that this sentence will actually be imposed. This is almost surely the least common form of bargaining in felony cases, and its legitimacy is not fully accepted.Multiple forms of bargains sometimes are combined in a particular case. For instance, a prosecutor may reduce the charges against a defendant and offer to recommend a particularsentence in exchange for a guilty plea.Explaining the prevalence of plea bargainingWhy is plea bargaining so common? Perhaps the best explanation lies in the motivations of those who participate in plea bargaining.One basic motivation for plea bargaining is the desire of lawyers and judges to save time. Of course, time is required to reach bargains and ratify them in serious cases. This difference is fundamental to plea bargaining. Indeed, historical research suggests that bargaining became popular partly because trial became more time consuming.Besides, for its participants, plea bargaining serves purposes that go beyond speed. Most important, plea bargains are a means for both the prosecution and the defense to secure acceptable results in cases, thus eliminating the possibility of highly undesirable outcomes.At last, the people who make up the core of the courtroom work group---attorneys and judges —tend to develop close working relationships through their constant interaction and interdependence. Indeed, as one lawyer observed of public defenders and prosecutors, “it’s li ke prison guards and prisoners; they’re all locked in together.” Plea bargaining is facili tated by these relationships, which foster the development of regular bargaining procedures and tacit understandings about feasible terms under particular circumstances.Comprehension Questions:1. Why are defendants willing to plead guilty instead of a jury trial in criminal cases?2. In what way are most felony cases resolved?3. What are the three categories of explicit plea bargaining?4. Why do prosecutors over-charge the accused at the stage of plea bargaining?5. How can the knowledge that a case was not settled by a bargain influence the sentence decisions of the judge?。
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.。
【VIP专享】12法律英语三习题题库
武昌理工学院三习题题库系别英语系课程名称法律英语授课教师谭宗燕总学时36教学班级法学1201,1202班教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月21日 文法与外语学院制法律英语三习题汇总Lesson One Legal System预习题1.What are the major legal systems in the world?2.What is the characteristic of the American Legal System?3.How could people obtain justice, if not in the common law courts?复习题mon law vs. equity law2.Characteristics of American legal systemmon legal terms练习题I. Answer the following questions according to the text:1.What law is the basis of law in English-speaking countries?2.Why did the English call their system the common law?3.How are cases decided in common law countries?4.What is the important factor in understanding the legal environment in civil or common law countries?5.In what way is common law system different from the civil law system? II.Translate the following sentences:1.美国和英国是普通法国家的代表。
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2013-2014学年第二学期华侨大学法学院期末考试试卷考试科目:法律英语考核类型:A卷考试时间:120 分钟学号姓名授课教师骆旭旭(注意:所有的答案(包括选择题)应做在空白答题纸上)Exercise 1: Translate the following sentence into Chinese.(30%)The dominant purpose in starting the public enterprises had been public good and profit motive was secondary; however, of late the scenario has changed. With the liberalisation of markets the public undertakings are in direct competition with the private players and have to have profit motive in mind. If not, there have been criticisms by industry on the unequal treatment meted out to the private players. Here it is important to note the definition of "enterprise" under the Competition Act. It makes no distinction between a private and a public enterprise/undertaking. In fact it even includes a department of the Government which does not perform a "sovereign function".Functionally, the public undertakings have been broadly classified into four heads:•Financial Institutions, such as Life Insurance Corporation of India, Reserve Bank of India, Export Credit and Guarantee Corporation Ltd, Film Finance Corporation Ltd, Unit Trust of India, Industrial Reconstruction Bank, etc.•Promotional and Development Undertakings, such as Rehabilitation Housing Corporation Ltd, National Research Development Corporation Ltd, Food Corporation of India, Central Warehousing Corporation, National Small Industries Corporation Ltd, etc.•Commercial and Industrial Undertakings, such as State Trading Corporation, Hindustan Machine Tools Ltd, Indian Airlines Corporation, Air India, etc.•Public Utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim.Exercise 2: Translate the following sentence into Chinese.(30%)At the height of the global financial bubble in 2007, approximately two-thirds of U.S. investors owned securities of non-U.S. companies; the U.S. gross trading activity in foreign securities alone was $7.5 trillion; and foreign trading activity in U.S. securities exceeded $33 trillion. The statistical comparison of the global trade in “U.S. securities” and “foreign securities” suggests that sec urities are homogeneous globally when, in fact, the concept, meaning, regulatory treatment, and use of the term “securities” varies significantly between countries and, more ascetically, between the United States and other major global securities markets. Quintessential securities, such as stocks and bonds, still dominate the global trade in securities, but the definition and regulatory treatment of these securities and myriad other financial activities differ considerably across the globe depending on how the financial sector is structured and regulated in each country. Thus, this Article analyzes the disparate global concepts and definitions of a “security” by comparing the scope of the U.S. federal securities laws definition of a security with its counterparts in a subjective sample of four major global and regional financial centers: the United Kingdom, Australia, India, and South Africa (collectively, Selected Countries).Securities are unique in that they developed and operate globally without global securities treaties, legally binding or coordinated global securities rules, or even global consensus on what they are or how best to regulate them globally. The global disparities in securities laws are, therefore, as old as global finance itself. Nonetheless, the global disparities in securities laws assumed greater significance during and immediately after the 2007-2008 global financial crisis, as the world grappled with the exponential growth of global finance in the last three decades and the need to regulate it. Traditional banks and non-banking financial institutions, like hedge funds and private equity funds, operate globally, and markets for financial activities are global. For example, the total global issuance of collateralized debt obligations (CDOs)--re-securitizations of other forms of debt--peaked in 2007 at $179 billion. Moreover, the recent global financial crisis originated in the U.S. subprime mortgage and other securitized debt markets, but it quickly spread globally, because U.S. financial institutions--fueled partly by foreign capital--globally issued, held, and sold toxic CDOs, Residential-Mortgage Backed Securities (RMBSs), Credit Default Swaps (CDSs), and other securitized debt. These toxic securities that supported the U.S. housing mar ket were purchased by “foreign countries, their central banks, and their commercial banks” as well as other investors.Exercise 3: Translate the following Chinese into English.(40%)大宗商品现货交易与期货交易具有相同的起源,是商品交易从简单的民事属性向金融属性发展的不同阶段的产物。