西南科大法律英语期末考试问答形式卷

第一课Introduction

1. What is the definition of contracts?

2. For a contract to be enforceable, what are the requirements?

3. If someone is sued for breach of contract, what are the possible defenses he

4. Explain the concept of capacity in contract law.

第二课Performance and Non-Performance

What problems often arise in the performance stage of a contract?

2. What are the excuses of non-performance?

3. What constitutes a waiver and what are its legal consequences?

4. When is a contractual relationship terminated?

第三课Contract Remedies and Computation of Damages

1. How is expectation interest measured?

2. What is reliance interest?

3. What is restitution interest? In what way is it different from expectation interest?

4. What purpose do nominal damages serve?

5. Under what circumstances are consequential damages awarded?

6. Under what circumstances are punitive damages awarded?

第四课Rights of Third Parties

1. Explain the differences between an intended beneficiary and incidental beneficiary.

2. What is the usual attitude of the court to anti-assignment clauses in the contract?

3. What is a delegation? What makes effective delegation?

4. What duties are delegable?

5. When is the duty of delegating party discharge?

6. What is novation?

第五课Sales Contracts

1. What are the basic obligations of the parties in a sale?

2. What purpose does a documentary exchange serve?

3. What is the nature of a bill of lading?

4. What are the rights of buyer?

第六课The Trial

1.What will the plaintiff’s lawyer say in the opening statement?

2.What is a motion for directed verdict? When can it be made?

3. What is the role of the judge during the examination of the witnesses?

4. What are the contents of jury instruction?

5. What if the jury or the required number of jurors are unable to agree?

第七课Judgment, Enforcement, and Appeal

1. What form will the judgment take if the plaintiff wins the case?

2. What can the plaintiff do to ensure recovery from the defendant if he wins the case?

3. What is the general policy of the Supreme Court of the United

States in selecting cases for review?

4. What are the general principles concerning the scope of review? Under what circumstances will the appellate court reverse the findings of fact of the trial court?

第八课Criminal Process

1. E xplain the principle of “no crime without law”.

2. W hat is meant by “inherent inequality” in criminal cases?

3. Why do most of the defendants plead guilty before court?

4. What is the standard of evidence for a finding of guilty? How about the standard of evidence for a finding of liability in civil cases?

第九课The Institutions of Government

1. What is a constitution?

2. What is the basic content of the U.S Constitution?

3. What are the primary powers of the President of U.S ?

4. What are the primary powers of the U.S Congress?

5. How many justices are there in the Supreme Court? How do they become justices?

第十课Separation of Powers

1. Describe how power is separated and at the same time shared between the president and the congress.

2. How does the constitution ensure the independence of the judiciary?

3. In what ways is the judiciary subject to the control of the congress and the president?

4. Comment on the significance of Marbury v.Madison.