2-12法律英语三习题题库

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12法律英语三习题题库

12法律英语三习题题库mportant in your view?4.If a lawyer knows much about law but very little about anything els e, will he be a good lawyer?复习题1.the process of engaging a lawyer2.the classification of Lawyers in America练习题✶Translate the following legal terms:Legal Profession✶Multistate Bar Exam✶federal courts✶boards of directors✶Judge✶Attorney General✶Chief Justice✶Barristers✶Solicitors✶Attorney✶practice of law✶Lawyers in private practice✶single practitioner✶house Counsel✶corporate counsel✶public prosecutor✶Federal prosecutor✶district attorney✶Congress of the United States✶The United States Department of JusticeLesson Three Legal Education预习题1. What is the only way to prepare for membership in the legal profession in the US?2. What are the main functions of law schools in the US?3. What are the merits and demerits of case method in teaching law?4. What does legal hierarchy mean?复习题1. To be clear about the curriculum of American legal education2. To distinguish the case method from lecture method3. What are the merits and demerits of case method in teaching law? 练习题翻译P4 PARA 8& P12-13 PARA5-7Lesson Four Judicial System预习题1. How many court systems are there in the United States? And what are they?2. How many judges generally are there in a federal district court?3. How are state court judges usually selected?复习题1. About the American court system and English court system2. Distinguish between trial courts and appellate courts3. about the position of the Judges in court练习题1. Translation. •The Supreme Court, •Courts of Appeals, •District Courts, • Special courts, •Three-tiered model: Trail Court, Circuit Court, Appellate Court, Court of Appeals, Supreme Court2. Dictation P43.Lesson 5 Constitution预习题1. What was the first American Constitution?2. How to understand constitutional supremacy?3. What are the three branches of US? Government and how to understand separation of powers?4. What is the impeachment policy and how many presidents areimpeached?5. How to change the Constitution?6) What is the checks and balances policy?复习题1.the feature of the US Constitution2.the fundamental principles of government3.the provisions for amendment练习题1. What do you think about the separation of powers in the United States?2. How much do you know about the process of impeachment?3. What’s your view on the U.S. citizens’ right to bear arms?Lesson Six Administrative Law预习题1.What is administrative law?2.What is the scope of administrative law?3.What is agency action?4.What are the models of administrative law?复习题1. The definition of “agency” in the Federal Administrative Procedure2. The functions of regulatory agencies and non-regulatory agencies 练习题1. Questions about the text P69.2. DictationLesson 7 Criminal Law预习题1.What kinds of crimes do you know?2.How much do you know about killing?3.What is capital punishment?4.Who gives a sentence to the criminals?复习题1. What’s your viewpoint of the insanity defense? Should an insane person be liable for his killing of a victim?2. Do you think abortion is justifiable or not? Should we label the killing of a fetus murder?3. Should death penalty be abolished in China?练习题Translation of the legal terms.Lesson 9 Contract Law预习题1.What is a contract?2.What can people do with contracts?复习题1 .What is a contract?2. What acts are criminal but not tortious?3.What acts are tortious but not criminal?练习题Translation of the legal terms.Lesson 10 Tort Law预习题⏹What is tort law?⏹What is an intentional tort?⏹How to decide the liability for negligence?⏹What is the No-Fault Principle?复习题Intentional tortsLiability for negligence练习题1.What is the common characteristic of the behaviors defined as civil wrongs?2. Which category of civil wrongs has not grown rapidly in the 20th century?3. As for the product liability, to whom the court judgments are favorable in the 20th century?4. According to the text, what is the fundamental concept of tort law?。

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。

法律英语练习题答案

法律英语练习题答案法律英语练习题答案在学习法律英语的过程中，练习题是不可或缺的一部分。

通过解答练习题，我们可以巩固对法律英语的理解，提高自己的语言能力和专业知识。

下面是一些常见的法律英语练习题及其详细答案，希望对大家的学习有所帮助。

练习题一：请解释以下法律术语的含义：1. Tort2. Plaintiff3. Defendant4. Liability5. Jurisdiction答案一：1. Tort：指的是民事侵权行为，即一方在未经对方同意的情况下，通过自己的行为或不作为，侵犯了对方的合法权益，给对方造成了损害。

常见的侵权行为包括人身伤害、财产损失等。

2. Plaintiff：原告，指的是在民事诉讼中提起诉讼的一方，即受到侵权行为损害的一方。

3. Defendant：被告，指的是在民事诉讼中被控告的一方，即被指控犯有侵权行为的一方。

4. Liability：责任，指的是法律上的义务或责任。

在民事诉讼中，责任通常指的是被告对原告所造成的损害承担赔偿责任。

5. Jurisdiction：管辖权，指的是法院对案件的审理权限。

不同的法院有不同的管辖权，根据案件的性质、金额等因素来决定哪个法院有权审理该案件。

练习题二：请将以下英文法律名词翻译成中文：1. Contract2. Arbitration3. Injunction4. Intellectual property5. Negligence答案二：1. 合同2. 仲裁3. 禁令4. 知识产权5. 过失练习题三：请解释以下法律原则的含义：1. Presumption of innocence2. Due process3. Burden of proof4. Reasonable doubt5. Double jeopardy答案三：1. Presumption of innocence：无罪推定，指的是在刑事诉讼中，被告在未被证明有罪之前，应被认定为无罪。

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。

法律英语教程课后练习题含答案

法律英语教程课后练习题含答案本文是法律英语教程课后练习题的答案文档，共计包含6道练习题，每个练习题都要求以英语书写，旨在提高法律英语的水平。

练习题1What is the difference between litigation and arbitration?答案Litigation involves a lawsuit in a court of law, where a judge or a jury decides the outcome of the dispute. Arbitration, on the other hand, is a process in which two parties agree to have a neutral third party hear their dispute and render a decision. The decision is binding and may not be appealed.练习题2What is a contract?答案A contract is a legally binding agreement between two or moreparties that creates obligations that are enforceable by law. Each party in a contract agrees to perform certn obligations in exchange for some form of consideration.练习题3What is a tort?A tort is a civil wrong that causes harm or injury to another person or property. Examples of torts include negligence, defamation, invasion of privacy, and intentional infliction of emotional distress.练习题4What is intellectual property?答案Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. The law protects intellectual property through patents, trademarks, and copyrights.练习题5What is a trademark?答案A trademark is a symbol, word, phrase, or design that identifies and distinguishes the goods or services of one party from those of another. Trademarks are protected by law and can be registered with the government.练习题6What is the difference between a felony and a misdemeanor?A felony is a serious crime that is punishable by imprisonment in a state or federal prison for more than a year. Examples of felonies include murder, robbery, and drug trafficking. A misdemeanor, on the other hand, is a less serious crime that is punishable by a fine or imprisonment in a local jl for up to a year. Examples of misdemeanors include traffic violations, disorderly conduct, and petty theft.以上是本文的6道法律英语练习题及答案，希望对您的法律英语学习有所帮助。

2024年司法考试卷三样题及详解英文版

2024年司法考试卷三样题及详解英文版2024 Judicial Exam Paper Three Sample Questions and Detailed Explanation1. Discuss the principle of judicial review in the context of constitutional law.2. Analyze the elements of a valid contract under contract law.3. Explain the concept of vicarious liability in tort law and provide examples.4. Evaluate the role of precedent in the common law system and its impact on judicial decisions.5. Critically examine the doctrine of separation of powers and its significance in maintaining a democratic society.6. Compare and contrast the adversarial and inquisitorial systems of legal proceedings.7. Discuss the ethical considerations that lawyers must keep in mind when representing clients in court.8. Explore the concept of strict liability in criminal law and its application in various legal cases.9. Analyze the factors that contribute to a conflict of interest in the legal profession and how to address them.10. Examine the role of alternative dispute resolution mechanisms in reducing the burden on the judicial system.These sample questions cover a range of legal topics and require a comprehensive understanding of different areas of law. Prepare thoroughly by studying relevant case law and legal principles to succeed in the 2024 judicial exam.。

法律英语练习题

法律英语练习题IntroductionLegal English plays a crucial role in the global legal industry as it facilitates effective communication between lawyers, judges, and legal professionals from different jurisdictions. To enhance our understanding and proficiency in this specialized language, this article presents a series of legal English practice exercises. Each exercise focuses on key concepts and terminologies commonly used in various legal contexts. Let's delve into the exercises without further ado.Exercise 1: Contract Law1. Define the term "consideration" in contract law.2. Differentiate between an offer and an invitation to treat.3. Explain the doctrine of privity of contract.4. Identify and discuss the essential elements of a valid contract.Exercise 2: Criminal Law1. Define the term "mens rea" in criminal law.2. Distinguish between murder and manslaughter.3. Discuss the concept of strict liability in criminal law.4. Explain the defense of "duress" in criminal cases.5. Outline the steps of the criminal trial process.Exercise 3: Intellectual Property Law1. Explain the difference between copyright and trademark.2. Define the term "patent" in intellectual property law.3. Discuss the criteria for obtaining trademark protection.4. Identify and explain the rights granted by a copyright.Exercise 4: International Law1. Define the principle of state sovereignty in international law.2. Explain the concept of jus cogens.3. Discuss the role of the United Nations in international law.4. Describe the process of treaty formation and ratification.Exercise 5: Constitutional Law1. Define the term "separation of powers" in constitutional law.2. Explain the doctrine of judicial review.3. Discuss the protections provided by the First Amendment.4. Identify and describe the branches of government in a constitutional system.Exercise 6: Legal Research and Writing1. Explain the concept of legal precedent.2. Discuss the importance of legal citation in legal writing.3. Identify the components of a legal memorandum.4. Outline the steps of legal research.ConclusionMastering legal English is essential for anyone pursuing a career in the legal field. These practice exercises have provided a glimpse into various areas of law and enhanced our understanding of key legal concepts. By continually improving our legal language skills, we can effectively engage in cross-border legal communication and thrive in the global legal industry. Keep practicing and enhancing your legal English proficiency!。

法律英语课后练习题含答案 (2)

法律英语课后练习题含答案第一部分词汇练习1.Defendant （被告人）是指一名被控犯罪的人。

2.Accomplice （同谋者）是指协助犯罪的人。

3.Conspiracy （阴谋）是指两个或两个以上的人为了进行非法行为而达成的协议。

4.Indictment （起诉书）是指检察官起诉犯罪嫌疑人的文件。

5.Arrgnment （传讯）是指被告人在法庭上听取指控并回答是否有罪的过程。

6.Plea bargn （认罪协议）是指被告人同意认罪以换取更轻的刑罚的协议。

7.Verdict （判决）是指陪审团对案件的结论。

8.Appeal （上诉）是指对一项判决不满意并请求更高级别法院重新审判的过程。

第二部分语法练习1.使用适当的时态填空：a.The defendant was being questioned by the police when hislawyer arrived.b.The prosecution will present its case tomorrow.c.The judge has already made his decision in this case.2.使用适当的介词填空：a.The lawyer was confident in his client’s innocence.b.The defendant was charged with murder.c.The prosecution presented strong evidence agnst thedefendant.3.选择合适的词填空：a.The defense attorney argued that the prosecution did nothave ____ (sufficient / efficient) evidence to prove their case.b.The judge declared a ____ (mistrial / mistrust) due to jurymisconduct.c.The defendant decided to plead guilty in exchange for a ____(lighter / lighter) sentence.第三部分阅读理解For many years, a defendant’s right to a speedy trial has been an important part of the American legal system. This right is guaranteed by the Sixth Amendment to the Constitution, which states that。

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1分，共10分）1. Which of the following is NOT a legal document?A. ContractB. WillC. DeedD. Memo2. The term "pro se" refers to a person who represents themselves in a legal matter without the assistance of an attorney. What is the equivalent term in Latin?A. Per seB. Ex parteC. Pro seD. Ad hoc3. In legal terms, "res ipsa loquitur" means:A. The thing speaks for itself.B. The case is closed.C. The matter is settled.D. The evidence is clear.4. What is the term for a legal principle that allows a court to consider the facts of a case to determine the law?A. Stare decisisB. PrecedentC. Judicial noticeD. Fact-finding5. Which of the following is NOT a type of legal system?A. Common lawB. Civil lawC. Religious lawD. Equitable law6. The phrase "habeas corpus" is used to challenge:A. The legality of detention.B. The validity of a contract.C. The jurisdiction of a court.D. The admissibility of evidence.7. The term "actus reus" in criminal law refers to:A. The guilty mind.B. The guilty act.C. The motive for the crime.D. The opportunity for the crime.8. In the context of a legal dispute, "burden of proof" refers to:A. The responsibility to prove a claim or defense.B. The responsibility to pay legal fees.C. The responsibility to provide evidence.D. The responsibility to show up in court.9. "Caveat emptor" is a legal principle that means:A. Let the buyer beware.B. Let the seller beware.C. The contract is void.D. The transaction is complete.10. The term "precedent" in legal terms means:A. A legal principle or rule established in a previous legal case.B. A legal document that sets a standard.C. A legal agreement between parties.D. A legal decision that is final.二、填空题（每题1分，共5分）11. A legal document that outlines the terms and conditions of a sale is called a(n) ______.12. The legal principle that states that a person is innocent until proven guilty is known as ______.13. The term "eminent domain" refers to the power of the state to take private property for ______.14. In legal terms, "estoppel" is a principle that prevents a person from denying the truth of a previous ______.15. A "plea bargain" is an agreement in a criminal case where the defendant agrees to plead guilty to a lesser charge in exchange for a ______.三、简答题（每题5分，共20分）16. Define the term "due process" in the context of legal proceedings.17. Explain the concept of "joint and several liability" in the context of a legal claim.18. What is the purpose of a "cease and desist" letter in legal disputes?19. Describe the role of a "guardian ad litem" in a legal case involving a minor.四、案例分析题（每题15分，共30分）20. A company is being sued for copyright infringement. The company claims that they were not aware of the infringement and that it was an honest mistake. Discuss the possible defenses the company might raise and the likelihood of their success.21. A landlord is suing a tenant for unpaid rent. The tenant claims that the apartment was uninhabitable due to a leaking roof and poor heating. Analyze the tenant's potential defenses and the possible outcomes of the case.五、论述题（15分）22. Discuss the importance of understanding legal English in the context of international business transactions. Include examples of common legal terms and their implications in contracts.答案：一、选择题1-5: D C A D C6-10: A B B A A二、填空题11. Contract12. Presumption of innocence13. public use14. representation15. reduced sentence三、简答题16. Due process refers to the fundamental, constitutionalright of all individuals to receive fair treatment by the justice system. It includes the right to notice, the right to be heard, and the right to a fair and impartial tribunal. 17. Joint and several liability means that in a legal claim, each party responsible for the harm caused can be held liable for the entire amount of the damages, regardless of their individual contribution to the harm.18. A cease and desist letter is a formal warning sent by one party to another, demanding that the recipient stop an。

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

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.。

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。

法律英语试题答案

法律英语试题答案1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court社会主义法socialist law 众议院House of representative 行使exercise1司法审查judicial review 起诉资格standing 事实上的损害injury in fact行政协定executive decision共同决议common decision 分权separation of powers制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny伪证罪perjury1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation3dose not have the ''prolixity"/dose not provide a ready solution4congress though its "power of the purse" /power as commander -in- chief5c hecks and balances provided for in the constitution6and effects against unreasonable searches and seizures7has no standing to challenge 8the policy of elimination of racial discriminationIn places of accommodation/and ending the badges of servitude1it is punishable by sanctions 2Most crimes or identified in statutes3punished through imposition penalities 4violation of a misdemeanor5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction10one can be held criminally liable 1 it is to tell the defendant that2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law8applying substantive law to real disputes 9 on part is entitled to judgment10common law remedy/ equitable remedies。

法律英语课后练习题含答案

法律英语课后练习题含答案1. 填空题1.The plntiff has to _____________ the burden ofproof.Answer: bear2.The _______________ of the court is final andbinding.Answer: judgement3.The _______________ holds the power to make laws. Answer: legislature4.The _______________ is the legal document thatoutlines the terms of an agreement.Answer: contract5.The _______________ is responsible for theprosecution in a criminal case.Answer: prosecutor6.A _______________ is a person who is accused of acrime.Answer: defendant7.The _______________ is a court order that prohibitsa certn action.Answer: injunction8.The _______________ is the legal process ofresolving a dispute between parties outside of court. Answer: arbitration9.The _______________ is a legal principle thatstates that an accused person is innocent until proven guilty.Answer: presumption10.The _______________ is the process ofselecting a jury for a trial.Answer: voir dire2. 选择题1.Which of the following is not a type of law?A. Criminal lawB. Civil lawC. Natural lawD. International lawAnswer: C2.Which type of law involves disputes betweenindividuals or organizations?A. Criminal lawB. Civil lawC. Constitutional lawD. Administrative lawAnswer: B3.Which of the following is not a right protected bythe First Amendment of the United States Constitution?A. Freedom of speechB. Freedom of religionC. Right to bear armsD. Freedom of the pressAnswer: C4.Which branch of government is responsible forinterpreting the law?A. Executive branchB. Legislative branchC. Judicial branchD. Administrative branchAnswer: C5.What is the purpose of the Miranda warning?A. To inform defendants of their right to remn silent and their right to an attorneyB. To inform defendants of the charges agnst themC. To inform defendants of their sentencing optionsD. To inform defendants of their right to a speedy trialAnswer: A3. 简答题1.What is the difference between civil law andcriminal law?Answer: Civil law deals with disputes between individuals or organizations, while criminal law deals with crimes committed agnst society.2.What is a contract?Answer: A contract is a legal document that outlines the terms of an agreement between two or more parties.3.What is the role of a prosecutor in a criminaltrial?Answer: The prosecutor is responsible for presenting the case agnst the defendant in a criminal trial and trying to prove that the defendant is guilty.4.What is the purpose of an injunction?Answer: An injunction is a court order that prohibits a certn action, usually in order to prevent harm to an individual or organization.5.What is the presumption of innocence?Answer: The presumption of innocence is a legal principle that states that an accused person is innocent until proven guilty.。

法律英语考查复习题

法律英语考查复习题一、单选题型1. Wherever people live together in communities,Aa. there will always be disputes.b. there will not always be disputes.c. there will not be anydispute.d. There are some general federal homicide laws.2. Among animals, conflicts result in victory fora. the weaker or slowerb. the stronger or quickerc. the longer or shorterd. the bigger or smaller3. Human beings believe that in a dispute the onea.who is fault should winb. who is strong should winc. who is right should wind.who is weak should win4.Sometimes thedispute is so complicated that it can be settleda. only in a law court.b. only in a fight.c. only in a negociation.d. only in murder.5. A law court is a meeting place set up bya. the companyb. the armyc. the governmentD. the firm6. A law court is a meeting place fora. the unjust and unpeaceful settlement of disputesb. the unjust and peaceful settlement of disputesc. the just and unpeaceful settlement of disputesd. the just and peaceful settlement of disputes7. Over the centuries the changes courts and methodsfor justicea.have not been very great.b.have been very great.c. have been little great.d. have been some great.8. In the past, people in Europe often settled disputes in ways that seem extremlya. civil and fair.b. cruel but fair.c. cruel and unfair.d. civil but unfair.9. As we know the cold-water ordeal means:a. the accused person was tied and put into hot water.b.if the accused person sank, he was considered guilty and was punished.c. if the accused person floated , he was considered innocent.d. if the accused person sank, he was considered innocent.10．As we know the hot-water ordeal means:a. the accused person put his hand in cold water and pulled out a stone.b.if hand of the accused person showed no injury , he was considered innocent.c. if hand of the accused person showed injury, he was considered innocent.d. if hand of the accused person showed no injury , he wasconsidered guilty.11. In the past, courts handle two kinds of disputes:a.civil and criminal,b. economical and criminal,c. civil and economicald.constitutional and administrational12.It is not always easy to tell the difference betweena.civil and criminal disputes,b. economical and criminal disputes,c. civil and economical disputesd.constitutional and administrational disputes13. In general, a civil case is a dispute betweena. three private citizens.b. many private citizens.c. two private citizens.d. all private citizens.14. A criminal case is a dispute betweena. an individual and the other people.b. a group and the whole communty.c. an individual and the whole communty.d. apart of the people and the whole communty.15. A crime means that someonea. has not broken a law and harms the communityb. has broken a law but does not harm the communityc. has broken a law and harms the communityd. has broken all the law and harms the community16. Laws are rules that define people’s rights and responsibilitiesa. towards the government.b. towards the society.c. towards his friends.d. towards his family.17. Laws are madea. official by societyb. official by governments.c. official by themayor.d. official by thepresident.18. Some people look on laws witha. interested or funnyb. interested or happyc. funny or interestedd. fear or hatred.19. Laws seem to limit a person’ sa. interestb. freedomc. happyd. money20. Law stop others from doing things that mighta. trouble us.b. affect us.c. encourage us.d. help us21. , Many law schools are university-baseda. In the Langdell traditionb. In Reed’s interdisciplinary approachc. In Frank’s clinical modeld. In Marx’s tradition22. In the U.S.A, law education isa.very cheapb. rather expensivec. not so expensived. as cheap as other countries22. In the U.S.A ,there is in every state.a. a few appellate courtb.many appellate courtsc. at least one appellate courtd. at least two appellate courts23.There are levels of courts in the federal court structure.a.oneb. twoc.threed.four24.Whether a district court is manned by a single judge or by several depends upona.the cases of the district.b.the areas of the district.c. the population of the district.d. the rate of men and womem of the district.25. on the averageof appeals are subject to further review in the Supreme Court of the United States.a. Less than three percentb. Less than five percentc. Less than seven percentd. Less thaneight percent二、阅读理题型Direction: There are four passages in this part. Each passage is followed by some questions. For each question there are four suggested answers marked a. , b., c. and d. You should choose one best answer and taken the corresponding letter on the ANSWER SHEET with a pen.(1)There are many different legal systems in the world. In fact, every nation’s legal system has its own characteristics. However, the degree of difference varies, with some systems bearing more resemblance to others. As a result, the world can be divided into several legal families. Without doubt, the Common Law Legal Family and the Roman Law legal family are the most important legal families in the world. The former is also called the English Law Legal Family or the English-American Law Legal family, while the later is also called the Civil Law Legal Family or the Continental law legal family.1. There aren’t many different legal systems in the world, are there?a. Yes, there are.b. No, there aren’t.c. Yes, there is.d. No, there isn’t2. Which of the following express is true?a. The degree of difference among the legal systems in the world varies.b. There is not any degree of difference among the legal systems in the world.c. The world can be divided into two legal families.d. The English Law Legal Family and Chinese Law Legal Family are the most important legal families in the world.(2)The Supreme Court is the highest court of the United States and the onlyspecifically created by the Constitution. A decision of the Supreme Court cannot be appealed to any other court. Congress has the power to fix the number of judges sitting onthe Court and, within limits, decided what kind of the casesit may bear, but it cannot change the powers given to the Supreme Court by the Constitution itself.3. Which is the only court specifically created by the Constitution?a. The federal courtb. The Supreme Courtc. The district courtd. The state’s court4. Which of the following express is true?a. U.S congress has the power to change the Supreme Court’s decision.b. U.S congress has the limited power to decide what kind of the cases it may bear.c. U.S congress the no power to fix the number of judges sitting on the Court.d. A decision of the Supreme Court can be appealed to the U.S congress.三、翻译题复习On March 30, 1981, a young man, John, shot President Ronald Reagan in Washington D.C.. John was arrested after the shooting by the local police officers and the Secret Service Agents. John was first taken to the WashingtonD.C. police headquarters, and transported to the FBI field office later. He was formally arrested for violation of the Presidential assassination Statute. However, John Hinckley was acquittal at last because the trial jury found that he was insane.1981年3月30号，一个名叫约翰的年轻人，在华盛顿特区枪击罗纳德里根总统。

法律英语课后习题大全

法律英语课后习题大全重点的课文：(1AB 2A 3B 4A 5B 6B)Unit1A1. How was common law established?Answer:the common law tradition originated in England. a new legal order was established as early as 1066 by the Norman conquest, but the common law did not exist in 1066.William the conqueror did not abolish the local customs and the local courts. Local courts continued to apply local customs. There was no law common to the whole kingdom. The king did however establish some royal courts at Westminster. Their jurisdiction was at first very limited but eventually expanded to the point where the local courts fell into disuse. The decisions of the royal courts became the law common to the whole kingdom, the common law.1.What does the common law tradition include according to the text? Answer: according to the text, the common law tradition includes law and equity.2.How different is the legal system of Louisiana from the rest of the United States?Answer: the common law was "received" in many countries such as United States, but the Louisiana excepted, because where the civil law was in place before the United States gained jurisdiction.4．What does “civil law ”mean?Answer: The expression “civil law ”,in Latin ju s civilis, literally meansthe law of the citizens of Rome. It is the law of the city of Rome, the law applied to a citizen (in Latin, civis) of Rome as opposed to the law applied to a non-citizen.5.What is the main difference between the civil law system and common law system?Answer: First and foremost, cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory. Civil law jurist will consider the civil code as an all encompassing document, but in common law jurisdictions legislation tends to be considered as an exception to the case law.6.What different attitudes do the civil law system and the common law system hold towards case law?Answer: Cases are usually considered to be the primary source of law in common law countries, but in civil law countries, cases are simply not a source of law---at least in theory, but cases are becoming more and more relevant in civil law countries, but the attitudes of civilians and common lawyers toward legislation and cases differ greatly.7.What is significant about the American legal education? How is law school teaching different from ours?Answer: American legal education is very original and in many respects unique. Legal education tends to be longer than other common lawcountries; law is a postgraduate degree in the U.S.The teaching style is magisterial----the professor exposes the law to his or her students, who take notes and do not intervene in class.8. Is law degree an undergraduate degree in the U.S.? How do people get a law degree in the U.S.?Answer: no, the law degree is a master degree in the U.S., the students must have at least a bachelor's degree in some area of study, and then to study the law and get the law degree.9. Can you compare the legal method employed in the American legal education and the legal method used in other countries?Answer: American legal education is a very original and in many respects unique. The case method or Socratic method is peculiar to this country .it must be clear to you by now that the "case" method could not have been thought of in a civil law country. In those countries (as in the case in England) law is an undergraduate degree. Legal education tends to be longer than in the United States. The teaching style is magisterial-the professor exposes the law to his or her students, who take notes and do not intervene in class.10. Who play an important role in defining the law in civil law system, law professors or judges? What about the common law system? Answer: law professors, because Civil law students will read "law doctrine" more than cases. The "doctrine" is the cumulated writings oflaw professors on what the law is or should be. In civil law the "doctrine" is considered to be a source of law and a highly respected one. You have to remember that the university, not the courts, reintroduced the civil law in Continental Europe. It is therefore not surprising that law professors still have an import role in defining the law. Common law professors generally do not enjoy a similar prestige within their own jurisdiction. Here the judges get most of the prestige.Unit 1 B1.How is case law created?The decisions of judges, or of other officials empowered by the constitution or laws of a political entity to hear and decide controversies, create case law.2.What dose a particular decision mean to the parties to a lawsuit?To the lawyers, judges, and law students?1)From the point of view of parties to a lawsuit or other contestedcontroversy, what matters is the immediate outcome, the result the tribunal reaches in their case. It means wether the aggrieved party or damaged party will obtain a remedy.2)In the view of judges, lawyers and law students, however, the decisiontakes on broader perspective. The decision becomes a possible source of general applicable case law.3.According to Professor Llwellyn, what creates a legal system ofprecedent? Why and when?1)Those generalizations contained in, or built upon, past decisionscreate a legal system of precedent.2)Because as rules of action arise out of the solution of particularproblems, in any judicial system rules of law arise sooner or later out of such decisions of cases, weather or not such formulations are desired, intended or consciously recognized.3)When those generalizations are taken as normative for future dispute,a legal system of precedent created.4.What might happen if a court follows the precedentsmechanically?A court that follows precedent mechanically or too strictly will at times perpetuate legal rules and concepts5. What is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?The continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases is how to maintain an acceptable accommodation of the competing values of stability in a law, served by adherence to precedent, and responsiveness to social change, which may call for the abandonment of an outworn legal doctrine.6. Explain these two Latin terms: “stare decisis” and “res judicata”?“Stare decisis”is an important principle in common law. It reflects the effect of a final decision of an appellate as precedent, or potential precedent for future cases, and it addresses the impact on the legal norm of conduct.“res judicata”is another important principle in common law. It reflects the effect of a final decision of an appellate as an authoritative settlement of a particular controversy then before the court. In other words, it addresses a decision’s impact in the individual case.7. What doctrine bars a person from ever suing on the same claim again?The doctrine “res judicata”bars a person from ever suing on the same claim again.8. Why does the case law process in American courts thus have a considerable comparative-law ingredient?A judicial decision is a precedent in the full sense only within the same jurisdiction. However, American appellate courts frequently cite and draw upon decisions from other jurisdictions.Such outstate decisions are not full-fledged precedents, butthey are accorded the status and weight of persuasive authority and especially in cases where there is no local precedent or the local precedents are conflicting or unclear.9. How does a court of last resort in one state usually make use of outstate decisions?A court of last resort in one state does not consider itself bound to followanother state’s case law rules , but it will carefully consider the outstate decisions and ,if it finds their reasoning persuasive , make use of them as sources of guidance and justification.10. Can you explain the difference between the binding precedents and persuasive precedents?The major difference between the binding precedents and persuasive precedents may be the authority to the case.The binding precedents are fully authoritative and generally binding, but persuasive precedents just persuasive authority.Because of the difference in degree of influence, persuasive precedents are not as authoritative and should not be assigned the same force as the binding precedents.UNIT 2A1. What kinds of cases do the inferior courts deals with? What are some of the limits that are imposed on them?Every state has its inferior trial courts with jurisdiction limited to civil suits involving relatively small amounts of money and to minor violations of the criminal law. The civil jurisdiction of an inferior court is usually defined in terms of the amount of money in dispute: the jurisdiction of an “inferior” criminal court is likely to be defined in terms of the maximum jail sentence.2. What kinds of cases are the trial courts of general jurisdiction empowered to try？If a civil claim or criminal prosecution involves an amount of money,or a potential criminal sentence, beyond the jurisdiction of an “inferior” trial court , it must be filed and heard om a “trial court of general jurisdiction .” that is , a court empowered to try all kinds of cases, without monetary or subject matter limitation.3. What is the function of the “court of last resort” of each state? Every state has its “co urt of last resort，” the appellate court at the top of the judicial hierarchy and the one which determines with finality what particular state’s law is and shoul d be . The function is to review the action of the lower judicial tribunals of the state.4. Why are appeals to the courts of last resort limited? What does the “screening out” function refer to?Answer: Because a vast increase in appellate litigation, particularly in the more populous states, led to hopeless congestion of the dockets of the state courts of last resort The “screening out” function refers to that intermediate appellate courts could empower to strain out and finally dispose of the bulk of appellate litigation, so that the court of the last resort can give its full attention to novel and socially important controversies.5. What is the significance of the statute passed by the first Congress on September 24, 1789, according to the author?In the evolution of the federal judicial system, the statute was a landmark. The statute embodied the first Congress’s decision on the issuewhether there should be federal trial courts as well as a Supreme Court or whether the interpretation and enforcement of federal law should be left entirely to the existing state trial andappellate courts, subject to review by the Supreme Court of the United States.6. What is the number of judges presiding over the trials in a District Court?In a District Court, trials are presided over normally by a single judge, but in a few situations, chiefly cases in which injunctions are sought on federal constitutional grounds against the enforcement of state or federal statute, three-judge court must be convened.7. What must be the jurisdiction of a District Court based upon? What does the workload of the District Court make up?The jurisdiction of a District Court of the US must be based either on the character of the controversy (for example, that it is a case “arising under this Constitution or the laws of the US”) or on the character of parties to the controversy (for ex ample, that it is a controversy“to which the US shall be a party”or one “between citizens of different States”).Most of the cases which make up the workload of the District Court are within one or another of three categories: (1) cases to which the United States is a party, which includes both civil cases and all prosecutions for violation of federal criminal statutes; (2) cases involving a “federal question,” which means a question involving the interpretationor effect of a provision of the Constitution or of a federal statute or regulation; and(3) cases involving “diversity of citizenship,” that is, suits between citizens of different states of the United States.8. Which court has jurisdiction over “diversity of citizenship” cases, a federal court, or a state court? Why?Generally speaking, a federal District Court has jurisdictionover such cases, according to Article Ⅱ, Section 2 of the Constitution and Judiciary Act of 1789. However, existing federal legislation impose a further limitation on Di strict Court jurisdiction in some “federal question” and all “diversity of citizenship” case: “the matter in controversy must exceed﹩50,000”.That’s because the D istrict Court will be swamped if very small matters in controversy are able to be accepted by the District Court.9. How can people get their appeals reviewed by the U.S. Supreme Court?A disappointed litigant cannot secure Supreme Court review merely by contending that the decision handed down against him was wrong. He must first persuade the Supreme Court that the issue presented by his case is important enough, as issues of general law, to justify Supreme Court consideration. Second, almost all the reviewing of judgments of federal and state appellate courts are secured by a petition for “a wri t of certiorari”.10. What is the policy underlying the discretionary nature of the Supreme Court appellate jurisdiction?The policy is, if appeal to the SC were available in all cases, the C would be swamped with ordinary appeals and unable to give full and deliberate consideration to the great cases it must decide.Unit3 B1.Who has the authority to determine how the constitution isinterpreted and applied to a particular case? Among those who are entitled to such authority; which one has the final say?The Court has the final say on what the Constitution meansand how it applies in a particular case, every court, federal and state, has the responsibility and the authority to render decisions on constitutional issues, but all of those other decisions can ultimately be reviewed by the U.S. Supreme Court.2.Does the Constitution vest judicial review on the Supreme Court?How to interpret Article Ⅲ of the Constitution?The power of judicial review is not given to the Supreme Court in the Constitution itself .Although Article Ⅲ states that “The judicial power of the United States , shall be vested in one Supreme Court , and in such inferior courts as the Congress may fro m time to time ordain and establish, ” and it extends that power to “all cases , in Law and Equity , arising under this Constitution” and to other categories .Butthe “Supreme ”means only “highest,” designating a place in the hierar chy but not the court’s authority . The power to hear cases arising under the Constitution is likewise a grant of jurisdiction to hear certain kinds of cases, but not a grant of authority to exercise constitutional review in hearing them.3.In which case was the power of judicial review established? Marbury VS Madison4. Why does Chief Justice Marshall think that the court had the power to review the constitutionality of legislation? What is his syllogism?The Constitution is law. Courts interpret law. Therefore courts interpret the Constitution.5. What is the supremacy clause?(需要老师解答)The Supreme Court is the only authority to interpret Constitution. The interpretation and mandate made by the Supreme Court are superior to any other judicial power.Unit 4 A1. List some of the typical forms of punishment mentioned in the text. Do you know any other forms of punishment used in the U.S.? Typical forms of punishment include death, imprisonment, fine, removal from public office or disqualification from holding public office, probation, and restitution.For example, jail sentences and execution.2. What are the differences between civil law and criminal law?Civil violations are often referred to as torts. There are four distinctions between crimes and torts.Firstly, a crime is considered to be a wrong against all of society, whereas a tort is considered to be a private matter between the parties directly involved.Secondly, the persons who actually prosecute the case differ.A specially designated state prosecutor of federal official directs the proceedings when crimes are involved .However, in tort actions the individual against whom the wrong has been committed generally hires an attorney to process the claim.Third, when one commits a crime, punishments such as probation, jail sentences, removal from public office and even execution are readily available. However, these remedies are not available in tort law. Tort restitution relies primarily on monetary compensation.Finally, compensation paid individuals who have sued others in civil courts is called damages.3. How are civil damages categorized? When do they apply?Civil damages are categorized as general, special, and punitive. General damages compensate for any specific and demonstrable harm that has been caused .Special damages involve compensation for “conscious pain and suffering.”Punitive damages are awarded at the discretion of the jury, or as required by statute, if it is found that the behavior of the actor was the result of an intentional disregard for the safety or well-being of others.4: What are the differences between substantive law and procedurallaw?The two broad areas of law are readily distinguished as substantive law and procedural law.Substantive criminal law defines crimes and establishes punishments. These laws are commonly found in statutes and ordinances that are written by local, state, or federal legislature. Criminal procedural law outlines the procedures that must be followed during the investigation of crimes, in the apprehension of offenders, and in the determination of the individual’s innocence or guilt.Thus, substantive law informs the society as to what behavior is acceptable or unacceptable, whereas procedural law directs the state as to the proper methods for apprehension and adjudication.5: What kinds of legal rights that the police must advice the suspect of before any interrogation?The police must advise the suspect of their legal rights before any interrogation. Such legal rights are included, the right to remain silent, the right to have an attorney present during interrogation. Though the suspect may waive these rights, a waiver must be knowingly and voluntary. What is the significance of the case Miranda vs. Arizona?The case of Miranda v. Arizona establishes that criminal defendants have a right to know their rights under theconstitution prior to questioning by law enforcement. Prior to this, police officers did not have to advise a suspect about his rights. This is the right to remain silent, to have a lawyer present during questioning, and to have a lawyer provided if you cannot afford one.6. How are the crimes classified?The crimes are classified into felonies, misdemeanors and infractions. The distinction between them centers on the seriousness of the crime committed, the subsequent punishment allowed by law and/or the place of confinement of the convicted defendant.The grounds for distinction often vary considerably from state to state. However, a review of the applicable state statutes reveals a more common test: the length or place of punishment often distinguishes a felony form a misdemeanor. Any crime generally punishable by more than six months in prison is considered to be a felony, whereas a crime requiring punishment of less than six months is a misdemeanor. As with misdemeanors, a jury trial is not guaranteed if an infraction has been committed, and the person committing infractions may never receive a jail sentences as punishment.And infractions are considered to be to “petty” offenses.7. How are felonies distinguished from misdemeanors?The distinction between felonies and misdemeanors generally centers on the seriousness of the crime committed, the subsequent punishment allowed by law and/or the place of confinement of the convicted defendant. There are two common ways to distinguish them.The first one is the length or place of punishment. Any crime generally punishable by more than six months in prison isconsidered to be a felony, whereas a crime requiring punishment of less than six months is a misdemeanor. However, it is important not to be confused by the length of the sentence given by the judge or jurors. For example, assume a judge sentences the defendant to five months imprisonment. If the greatest maximum sentence was five months, it is a misdemeanor. However, if thejudge had the discretion to sentence the individual to six months or more imprisonment, a felony has been committed.The second way is by the so-called in presence rule. A police officer cannot arrest an individual for a misdemeanor unless the misdemeanor is committed in the officer’s presence, or more reasonably, with the corroboration by a witness or the signing of a complaint and the issuance of an arrest warrant. When the offense is a felony, however, the police office must arrest the individual if he or she reasonably believes the crime was committed by that person, even though the transgression was committed out of the presence of the officer.8.Are motive and intent the same? If not, what are the differences between them?No. They have completely different legal meanings.Motive is defined as the “cause or reason that moves the will and induces action.” It represents the stimulus for behavior. Thus, one may kill another because of hatred, jealousy, or even love. But the fact that one may have the motive to kill another does not necessarily mean that one harbors the intent to injure or kill.Intent relates to the state of mind at the time of the commission of the unlawful act.Failure to establish the “why” of the crime does notnecessarily mean the jury will vote for acquittal. However, with the exception of strict liability offenses, failure to establish an unlawful intent must result in acquittal. 9. What are the elements establishing the criminal liability?The elements are referred as mens rea, actus reus and causation.10. Explain the significance of mens rea, actus reus and causation. Mens rea stands for the state of mind at the time of the commission of the unlawful act. The mere fact that harm occurs does not necessarily mean a crime has been committed. If the accused was criminally negligent in his belief and behavior, the law may conclude that the unlawful mens rea was present.The actus reus element relates to the “doing” part of the crime. Thus, if a person does not have a legal duty to act and in fact does not act, then that person cannot be held legally accountable for the unlawful acts of others.Finally, causation is considered to be the logical coming together of the mens rea and actus reus, resulting in a criminal wrong. If the harm is not the logical result of the intention and the action, the causation does not exist, and there is no criminal liability.Unit5 Criminal Procedure B1. Do you agree with statement that “it is better to free guilty persons than to convict innocent ones”?Yes .Because if the offender who is missed, can be seized later, but if a person was killed by mistake, the victim could not revived2. Who files the bills of information, the prosecutor or the grand jury? How does a grand jury decide whether or not to return a “true bill”? After conducting typically extensive background investigations in corroboration with local and evenfederal law enforcement, prosecutors may file what are called bill of information.If a majority of the grand jury members believe a crime has been committed, then a “true bill” is returned, and the accused is bound over for trial.3. When does an arrest occur? What does it result from?An arrest occurs when a peace or police officer takes a suspect into custody for the purposes of charging the individual with a crime.The arrest may result from the police officer’s own perception that a crime has been or is about to be committed.4. What factor may effect the decision to prosecute, according to the passage?The decision to prosecute largely depend s on the strength of state’s case against the accused. Besides the attitude of the victim, the cost to the system, harm to the suspect, adequate alternate procedure available, and suspect’s willingness to cooperate with law enforcement may also affect the decision to prosecute.5. Who conduct a preliminary hearing?The magistrate or preliminary hearing jury conduct a preliminary hearing. What must they decide after the presentation of the case?They must decide whether the state had probable cause to arrest the accused.6.Why is the arraignment important?Because in the arraignment the accused played a relatively active role thatthey must make a plea. Besides, it is important that the defendant is again informed of charges, counsel is appointed (ifthe defendant is indigent), and bail is established.7. What is the function of voir dire? Do you know the difference between peremptory challenge and the challenge for cause?The voir dire is the process used to select a jury. A random cross-selection of persons in the community in which the trial is to occur is summoned to the courtroom.Peremptory challenge allows either side to have prospective jurors excused without having to specify a particular reason and is typically limited to six in non serious cases and twelve in felony or capital cases. The challenge for cause allows for the exclusion of a juror only if the excluding party (defense or prosecution ) demonstrates that the individual cannot be impartial or cannot otherwise handle the responsibility of making a rational decision and no limits to be the number of challenge for cause that either side may employ.8. Why are the" form" instructions designed to be simple?In order to understand yet complete enough to avoid any potential reversible errors on appeal.9. What would happen if a mistrial occurs?The defendant may be required to go through the entire process again, since a retrial resulting from a mistrial does not constitute double。

高二英语SBII-Unit-12(3)

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[单选]我国有权对宪法进行解释的机关是()。A．全国人大B．全国人大常委会C．最高法院D．国务院 [多选]消防控制设备对自动喷水和水喷雾灭火系统应有（）等控制、显示功能。A.控制系统的启、停B.显示消防水泵的工作、故障状态C.末端试水出口压力D.显示水流指示器、安全信号阀的工作状态E.报警阀 [单选]完全脱位牙再植的最佳时机是（）A.60分钟内B.70分钟内C.30分钟内D.40分钟内E.50分钟内 [名词解释]美学的含义 [单选]肛裂病人最突出的临床表现是（）A.排便时及排便后肛门剧烈疼痛B.反复便秘C.便血D.肛门瘙痒E.反复脓肿形成 [填空题]国际法上的承认，主要有对()的承认和对()的承认两种。 [单选]培养婴儿二便习惯要（）。A、抓准间隔时间提前提醒B、提早训练C、以家长的威严制服婴儿D、用食物逗引婴儿 [填空题]浮世绘是日本17世纪兴起的一种艺术，它将民间日常生活作为创作题材，主要通过（）的形式表现出来。 [单选,A2型题,A1/A2型题]胰腺疾病伴发的精神障碍的描述，错误的是（）A.胰腺癌所致精神障碍以妄想障碍为主B.急性胰腺炎所致精神障碍主要表现为抑郁状态、幻觉妄想状态、意识障碍C.急性胰腺炎幻觉妄想状态以被害妄想、评论性幻听为主D.慢性胰腺炎精神障碍与胆道疾病和饮酒有关E.急性胰障碍时，慎重抗精神病药 [单选]完成活动A所需的时间，悲观（P）的估计需36天，最可能（ML）的估计需21天，乐观（O）的估计需6天。活动A在16-26天内完成的概率是（）。A.55.70%B.68.26%C.95.43%D.99.73% [单选]乙烯装置气密试验时，下列说法正确的是（）。A．管道焊缝不需做气密B．调节阀可以不做气密C．闸阀不做气密D．各焊缝及连接处均要气密 [判断题]储蓄存款凭证（存单、折）挂失分为书面挂失和口头挂失，不记名的存款凭证（存单、折）可以向开户营业机构申请挂失。A.正确B.错误 [单选]织物经丝光后对染料的吸附量增加是由于丝光后纤维（）A、结晶区增加B、无定形区增加C、结晶区和无定形区都增加 [单选]建筑总平面图是表示新建建筑物总体布置的（），是用来确定建筑与环境关系的图样。A、水平投影图B、立面图C、剖面图D、大样图 [单选,A2型题,A1/A2型题]下列需进行外科手消毒的是（）A.无菌操作前B.接触病人体液后C.脱手套后D.外科手术前E.戴口罩前 [单选]Therewasaninclinationtotreatgeographyasalessimportantsubject.A.pointB.tendencyC.resultD.finding [单选]在进行区域构造背景研究时，工程场地周围300km的范围（远场区）应进行（）级大地构造单元划分。A.ⅠB.ⅡC.Ⅰ、ⅢD.Ⅱ、Ⅲ [问答题,简答题]登革热诊断标准 [单选,A1型题]患者男，40岁。排便后肛门处剧烈疼痛。于肛门口见一椭圆形肿块，有明显触痛，应考虑为（）A.直肠息肉脱出B.血栓性外痔C.前哨痔D.内痔脱出嵌顿E.肛周脓肿 [单选]基站与BSC间采用不同阻抗传输线时，下列（）单板的拨码开关需要调整。A.UEIU、UELPB.UELP、GTMUC.UPEU、UEIUD.GTMU、GATM [单选]雪屋记（明杜琼）吴有儒曰徐孟祥氏，读书绩文，志行高洁，家光福山中。相从而学问者甚夥，其声名隐然于郡国。缙绅大夫游于西山，必造其庐焉。孟祥尝结庐数椽，覆以白茅，不事华饰，惟粉垩其中，宛然雪屋也。既落成，而天适雨雪，遂以"雪屋"名之。范阳卢舍人为古隶以扁之，缙于孟祥者，为诗以歌咏之，征予为之记。夫玄冥司令，草木消歇闭塞，成冬之时，天地积阴之气，湿而为雨，寒而为雪，缓缓而下，一白千里，遍覆于山林大地，万物埋没无所见，其生意不几息乎？熟知生意反愚于其中也。故冬至之节，居小雪之后，大雪之前，而一阳已生于五阴之下矣。由雪，则来有生意弭灾之功在焉。太古之人，或巢于木，或处于穴，木处而颠，土处而病也。圣人为屋（）居，冀免（）二者（）患而已矣，初未尝有后世华侈之饰也，孟祥读书学古，结茅为屋，不事华侈，其古者与？今又雪，岂亦表其高洁之志行也欤？宁独是邪？孟祥之匿于深山而不为世用穷而在下如冰雪冱寒之穷冬也及其以善及人而有成物之心其不为果哉者则又如雪之有生物弭灾之功也，以屋名雪，讴不韪欤？至若启斯屋而观夫雪之态度，则见于诸作者之形容，予不暇多记也。（选自《金兰集》，中华年版）将文言虚词依次填入文中括号内，最恰当的一组是：圣人为屋（）居，冀免（）二者（）患而已矣A、而因之B、则为所C、以乎之D、且于所 [多选]省级卫生行政部门确认发生以下哪些情形时，应当于24小时内上报至卫生部？（）A、10例以上医院感染暴发B、5例以上疑似医院感染暴发C、5例以上医院感染暴发D、由于医院感染暴发直接导致患者死亡E、由于医院感染暴发导致3人以上人身损害后果 [单选]骨的形态分类不包括（）A．圆骨B．长骨C．扁骨D．短骨E．不规则骨 [单选,A2型题,A1/A2型题]伴有高血压的消化性溃疡患者不宜用（）A.制酸剂B.甲氰咪胍C.生胃酮D.抗胆碱能药E.硫糖铝 [单选]对骨折患者不应做的检查是（）。A.直接压痛B.间接压痛C.X线拍片D.肢体测量E.骨擦感或骨擦音 [填空题]杜甫“即事名篇”的新题乐府，白居易的“（）”等，都是沿着曹操直面现实人生的写实方向发展的。 [单选]开放式基金的基金份额持有人未选择将所获分配的现金利润按照基金合同有关基金份额申购的约定转为基金份额的，基金管理人应当（）。A．支付现金B．劝其转为基金份额C．协商支付D．不分配利润 [单选]某超市LSH啤酒的日需求量为800罐，提前期随机变化且服从均值为5天，标准差为1天的正态分布，如果客户服务水平达到90%，即安全系数为1.29，那么这种啤酒的安全库存量不能低于（）罐。A.986B.1012C.1024D.1032 [问答题,简答题]运动性公园的规划设计原则及各按什么要素来分区？ [单选,A1型题]硝酸甘油口服，经肝门静脉入肝，再进入体循环的药量约10%左右，这说明该药（）A.活性低B.效能低C.首关消除显著D.排泄快E.首关代谢不显著，排泄慢 [单选,A1型题]下列哪项不符合慢性根尖周脓肿的病理改变（）A.根尖瘘管形成B.根尖大片钙化C.根尖肉芽组织形成D.根尖牙槽骨吸收E.根尖牙骨质破坏 [单选]用离子选择电极法测定水中氟化物时，（）干扰测定。A.三价铁离子B.钙离子C.钠离子 [单选]对于多发性骨髓瘤具有决定性诊断意义的是（）A.血沉加快B.骨髓内有大量浆细胞C.血清钙增高D.X线示广泛骨质疏松E.血清中出现异常免疫球蛋白 [填空题]气质的影响因素有_________、_________、_________。 [单选]桑葚胚由多少个细胞组成（）A.4个B.6个C.16个D.18个E.10个

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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54教学班级法学12级教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月20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 l e n v i r o n m e n t i nc 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。

这两个国家的法律有许多相同的地方。

2.世界上主要有两大法系，一个是以美，英为代表的普通法系，另一个是以法，德为代表的大陆法系。

3.现在大陆法系与普通法系的差别正在缩小。

4.在英国和美国等普通法国家，案件的裁决是以传统，惯常做法和对成文法的解释为依据。

5.C i v i l o r c o d e l a w c o u n t r i e s h a v e a s t h e i r p r e m i s e t h e w r i t i n g o f c o d e s o f c o n d u c t t h a t a r e i n c l u s i v e o f a l l f o r e s e e a b l e a p p l i c a t i o n o f l a w.6. Common law countries do not attempt to anticipate all areas in the application of a law by writing it to cover every foreseeable situation.7.M o s t c o u n t r i e s u s e e i t h e r c o m m o n o r c o d e l a w a s t h e b a s i s f o r t h e i r l e g a l s y s t e m,b u t t h e y r e l y o n a c o m b i n a t i o n o f t h e t w o i n a p p l y i n g t h e l e g a l s y s t e m t o a c t u a l d i s p u t e s.8.P e r h a p s t h e b e s t e x a m p l e o f h o w c o m m o n a n d c o d e l a w d i f f e r i s i n t h e r e c o g n i t i o n o f i n d u s t r i a l p r o p e r t y r i g h t s.Lesson Two Legal Profession预习题1. How many types of lawyers are there in America? What are they?2. What kind of lawyer do you want to be? (If you are a lawyer)What kind of work do you do?3.What roles do lawyers play in society? Which of them is the most impo rtant in your view?4.If a lawyer knows much about law but very little about anything else, will he be a good lawyer?复习题1.the process of engaging a lawyer2.the classification of Lawyers in America练习题✶Translate the following legal terms:Legal Profession✶Multistate Bar Exam✶federal courts✶boards of directors✶Judge✶Attorney General✶Chief Justice✶Barristers✶Solicitors✶Attorney✶practice of law✶Lawyers in private practice✶single practitioner✶house Counsel✶corporate counsel✶public prosecutor✶Federal prosecutor✶district attorney✶Congress of the United States✶The United States Department of JusticeLesson Three Legal Education预习题1. What is the only way to prepare for membership in the legal profession in the US?2. What are the main functions of law schools in the US?3. What are the merits and demerits of case method in teaching law?4. What does legal hierarchy mean?复习题1. To be clear about the curriculum of American legal education2. To distinguish the case method from lecture method3. What are the merits and demerits of case method in teaching law?练习题翻译P4 PARA 8& P12-13 PARA5-7Lesson Four Judicial System预习题1. How many court systems are there in the United States? And what arethey?2. How many judges generally are there in a federal district court?3. How are state court judges usually selected?复习题1. About the American court system and English court system2. Distinguish between trial courts and appellate courts3. about the position of the Judges in court练习题1. Translation. •The Supreme Court, • Courts of Appeals, •District Courts, •Special courts, •Three-tiered model: Trail Court, Circuit Court, Appellate Court, Court of Appeals, Supreme Court2. Dictation P43.Lesson 5 Constitution预习题1. What was the first American Constitution?2. How to understand constitutional supremacy?3. What are the three branches of US? Government and how to understand separation of powers?4. What is the impeachment policy and how many presidents are impeached?5. How to change the Constitution?6) What is the checks and balances policy?复习题1.the feature of the US Constitution2.the fundamental principles of government3.the provisions for amendment练习题1. What do you think about the separation of powers in the United States?2. How much do you know about the process of impeachment?3. What’s your view on the U.S. citizens’ right to bear arms?Lesson Six Administrative Law预习题1.What is administrative law?2.What is the scope of administrative law?3.What is agency action?4.What are the models of administrative law?复习题1. The definition of “agency” in the Federal Administrative Procedure2. The functions of regulatory agencies and non-regulatory agencies练习题1. Questions about the text P69.2. DictationLesson 7 Criminal Law预习题1.What kinds of crimes do you know?2.How much do you know about killing?3.What is capital punishment?4.Who gives a sentence to the criminals?复习题1. What’s your viewpoint of the insanity defense? Should an insane person be liable for his killing of a victim?2. Do you think abortion is justifiable or not? Should we label the killing of a fetus murder?3. Should death penalty be abolished in China?练习题Translation of the legal terms.Lesson 9 Contract Law预习题1.What is a contract?2.What can people do with contracts?复习题1 .What is a contract?2. What acts are criminal but not tortious?3.What acts are tortious but not criminal?练习题Translation of the legal terms.Lesson 10 Tort Law预习题⏹What is tort law?⏹What is an intentional tort?⏹How to decide the liability for negligence?⏹What is the No-Fault Principle?复习题Intentional tortsLiability for negligence练习题1.What is the common characteristic of the behaviors defined as civil wrongs?2. Which category of civil wrongs has not grown rapidly in the 20th century?3. As for the product liability, to whom the court judgments are favorable in the 20th century?4. According to the text, what is the fundamental concept of tort law?。