法律英语试卷

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法律英语试题与答案

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。

2023年考研英语二真题试卷+参考答案及解析【详细版】全

2023年考研英语二真题试卷+参考答案及解析【详细版】全

2023年全国硕士研究生招生考试(英语二)参考答案及解析Section Ⅰ Use of EnglishHere’s a common scenario that any number of entrepreneurs face today: you’re the CEO of a small business and though you're making a nice 1 , you need to find a way to take it to the next level. what you need to do is 2 growth by establishing a growth team. A growth team is made up of members from different departments within your company, and it harnesses the power of collaboration to focus 3 on finding ways to grow.Let's look at a real-world 4 . Prior to forming a growth team, the software company BitTorrent had 50 employees.Working in the 5 departments of engineering, marketing and product development. This brought them good results until 2012, when their growth plateaued. The 6 was that too many customers were using the basic, free version of their product. And 7 improvements to the premium, paid version, few people were making the upgrade.Things changed, 8 , when an innovative project marketing manager came aboard, 9 a growth team and sparked the kind of 10 perspective they needed. By looking at engineering issues from a marketing point of view, it became clear that the 11 of upgrades wasn't due to a quality issue. Most customers were simply unaware of the premium version and what it offered.Armed with this 12 , the marketing and engineering teams joined forces to raise awareness by prominently 13 the premium version to users of the free version. 14 ,upgrades skyrocketed, and revenue increased by 92 percent.But in order for your growth, team to succeed, it needs to a have a strong leader. It needs someone who can 15 the interdisciplinary team and keep them on course for improvement.This leader will 16 the target area, set clear goals and establish a time frame for the 17 of these goals. This growth leader is also 18 for keeping the team focus on moving forward and steer them clear of distractions. 19 attractive, new ideas can be distracting, the team leader must recognize when these ideas don’t 20 the current goal and need to be put on the back burner.1.A. purchase B. profit C. connection D. bet2.A. define B. predict C. prioritize D. appreciate3.A. exclusively B. temporarily C. potentially D. initially4.A. experiment B. proposal C. debate D. example5.A. identical B. marginal C. provisional D. traditional6.A. rumor B. secret C. myth D. problem7.A. despite B. unlike C. through D. besides8.A. moreover B. however C. therefore D. again9.A. inspected B. created C. expanded D. reformed10.A.cultural B. objective C. fresh D. personal11.A. end B. burden C. lack D. decrease12.A. policy B. suggestion C. purpose D. insight13.A. contributing B. allocating C. promoting D. transferring14.A. As a result B. At any rate C. By the way D. In a sense15.A. unite B. finance C. follow D. choose16.A. share B. identify C. divide D. broaden17.A. announcement B. assessment C. adjustment D. accomplishment18.A. famous B. responsible C. available D. respectable19.A. Before B. Once C. While D. Unless20.A. serve B. limit C. summarize D. alter【1】B. profit 原文提到“小公司的CEO也挣到了大钱”。

法律英语考试试题及答案

法律英语考试试题及答案

法律英语考试试题及答案Introduction:Legal English plays a crucial role in the legal profession, as it requires a comprehensive understanding of legal concepts, terms, and vocabulary in both English and the specific legal system. This article will provide a detailed analysis of various legal English exam questions and their corresponding answers. Through this examination, readers will gain a deeper understanding of legal English and enhance their proficiency in this field.Question 1: Explain the term "due diligence" in the context of contract law.Answer:Due diligence refers to the careful and thorough examination or investigation undertaken by a party before entering into a contract. It involves a comprehensive analysis of the terms, conditions, and obligations set forth in the contract. The purpose of due diligence is to ensure that both parties have a clear understanding of their rights and responsibilities, as well as to identify any potential risks or liabilities associated with the contract. By conducting due diligence, parties can make informed decisions and minimize the possibility of disputes or legal issues arising in the future.Question 2: Discuss the concept of "force majeure" in international law.Answer:Force majeure, also known as an "act of God" or "superior force," refers to an unforeseeable event or circumstance that prevents a party fromfulfilling its contractual obligations. These events are typically beyond the control of the party involved and cannot be reasonably anticipated or avoided. Examples of force majeure events may include natural disasters, wars, riots, or government actions. In international law, force majeure clauses are commonly included in contracts to protect parties from the consequences of unforeseen events. These clauses typically provide relief or exemption from contractual obligations in the event that a force majeure event occurs, allowing the affected party to suspend or terminate their obligations under the contract.Question 3: Define the term "judicial precedent" in common law systems.Answer:Judicial precedent, also known as stare decisis, is a fundamental principle in common law systems. It refers to the legal doctrine in which the decisions made by higher courts become binding on lower courts within the same jurisdiction. Under this principle, lower courts must follow the legal reasoning and interpretations of the higher courts in previous cases that are similar in nature. Judicial precedent ensures consistency, predictability, and stability in the legal system, as it allows for the uniform application of the law and the development of legal principles over time. However, it is important to note that judicial precedent can be overruled or distinguished when there are significant differences in factual circumstances or legal principles involved.Question 4: Explain the concept of "vicarious liability" in tort law.Answer:Vicarious liability is a legal principle that holds one party responsible for the actions or omissions of another party, even if they themselves did not commit any wrongdoing. This concept often arises in employer-employee relationships, where employers can be held liable for the actions of their employees performed within the scope of their employment. Vicarious liability is based on the idea that employers have a duty of care to ensure that their employees act responsibly and do not cause harm to others. By imposing vicarious liability, the law aims to provide a remedy for victims and encourage employers to exercise proper control and supervision over their employees.Conclusion:Understanding legal English is crucial for professionals in the legal field, as it enables effective communication and interpretation of legal concepts and principles. This article has provided an insightful analysis of various legal English exam questions, encompassing contract law, international law, common law systems, and tort law. By gaining a comprehensive understanding of these topics, aspiring legal professionals can enhance their knowledge and proficiency in legal English, thus paving the way for successful careers in the legal industry.。

法律英语模拟试题及答案

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。

法律英语试题

法律英语试题

法律英语试题 Revised at 2 pm on December 25, 2020.广东外语外贸大学国际商务英语学院“法律英语”2005-2006学年下学期期末考试试卷(A)考核对象:法律英语系(2004级)考试时间:2小时班级:学号:姓名:分数:PartⅠMatch the words and phrases in Column A with the corresponding definitions or relevant information in Column B.(10%)A Ba. assumpsit 1. the addition of labor to the chattel of another, without thelatter’s consent, which so changes the chattel that the title toit is transferred to the laborerb. chattel 2. a writ form a higher court to a lower one requesting a transcriptof the proceedings of a case for reviewc. amicus curiae 3. a legal action to enforce or recover damages for breach of asimple contractd. verdict 4. a court order prohibiting a party from a specific course ofactione. accession 5. an article of personal, movable propertyf. injunction 6. to file an indictment with the court before an accused standstrialg. acquittal 7. friend of the courth. grand jury 8. the deliberate, willful giving of false, misleading, or incompletetestimony under oathi. certiorari 9. the final decision of a jury concerning a matter of factsubmitted to it by the court for determination10. one party’s major evidence and argumentsj. unilateralcontractk. tort 11. the state of being found or proved not guiltyl. mala in se 12. the unlawful appropriation of another’s propertym. case-in-chief 13. a civil wrong other than a breach of contract or a breach oftrustn. perjury 14. a promise is exchanged for an act of performanceo. conversion 15. actions that are intrinsically immoralp. petit jury written statement charging a party with the commission of acrime or other offense, drawn up by a prosecuting attorney andfound and presented by a grand jury .q. trust system whereby the defense can challenge up to 3 jurors withoutgiving any reasons.challenge of twelve citizens duly qualified to serve on juries, impaneled andsworn to try one or more issues of facts submitted to them andto give a judgment respecting the same, which is called averdict.s. hung jury confidence reposed in a trustee when giving the trustee legal titleto property to administer for another, together with the trustee'sobligation regarding that property and the beneficiaryt. indictment jury which is unable to reach a verdictPart II Translate the following sentences and paragraphs. (30%)1.(5%) The term "Information" does not include any information which at the time ofdisclosure or thereafter is (i) generally available to or known by the public (other than asa result of its disclosure by A Company or its Representatives), (ii) available to ACompany on a non-confidential basis from a source other than the Company or itsadvisors, or (iii) independently acquired or developed by A Company without violating any of its obligations under this Agreement.2.(5%) “Tort” is an elusive concept. It has defied a number of attempts to formulate a useful definition.The dilemma is that any definition which is sufficiently comprehensive to encompass all torts is so general as to be almost meaningless.The one common element of all torts is that someone has sustained a loss or harm as the result of some act or failure to act by another. Virtually all of the infinitely diverse forms of human activity—driving a vehicle, engaging in business, speaking, writing, owning and using real or personal property —may be a source of harm and therefore of tort liability. This diversity of conduct resists broad generalizations, and so does the tort liability on which it is based.3. (5%) This Agreement is drawn up in English and translated into Chinese. Each Party acknowledgesthat notwithstanding the Chinese translation of this Agreement which is also signed by the Parties, in the event there is a conflict, inconsistency or discrepancy between the Chinese and English text, the latter shall prevail.4. (3%) 一名成功的出庭律师能够迅速地在行业中脱颖而出,并经司法大臣任命成为皇家律师。

法律英语试卷试题及答案

法律英语试卷试题及答案

法律英语试卷试题及答案一、选择题(每题2分,共20分)1. Which of the following is not a legal term?A. ContractB. TortC. EquityD. Agreement2. The term "pro se" refers to a person who represents themselves in a legal proceeding without the assistance of an attorney. True or False?3. What does the abbreviation "LLC" stand for in the context of business law?A. Limited Liability CompanyB. Large Legal ContractC. Local Legal CouncilD. Legal Liability Certificate4. Which of the following is a type of legal document?A. MemorandumB. Memorandum of Understanding (MOU)C. Both A and BD. Neither A nor B5. The principle of "stare decisis" is most closely associated with which legal system?A. Civil lawB. Common lawC. Religious lawD. International law6. What is the term for the legal process of resolving disputes outside the court system?A. LitigationB. MediationC. ArbitrationD. Negotiation7. In the context of intellectual property law, "patent" refers to:A. A right to exclude others from making, using, or selling an inventionB. A document that grants ownership of a work of literature or artC. A legal document that protects a brand name or logoD. A license to practice a profession8. Which of the following is a fundamental principle of criminal law?A. Presumption of innocenceB. Right to a fair trialC. Both A and BD. Neither A nor B9. The term "precedent" in legal English refers to:A. A legal principle or rule established in a previous case that is binding in courtB. A document that outlines the facts of a caseC. A legal agreement between partiesD. A formal request for a court to review a case10. What does the term "actus reus" mean in criminal law?A. The guilty mindB. The wrongful actC. The criminal intentD. The legal defense二、填空题(每空1分,共10分)11. In legal English, "due process" refers to the fundamental legal rights that must be observed to ensure a fair trial.- The term "due process" is derived from the Latin phrase "due process of law."12. A "writ" is a formal written order issued by a court, typically directed to someone other than the parties in a case.- An example of a writ is a "writ of _habeas corpus_."13. The term "negligence" in tort law refers to the failure to exercise the degree of care that a reasonable person would exercise in the same situation to prevent harm to others.- In order to establish negligence, a plaintiff must prove the defendant's duty of care, breach of that duty, causation, and _damages_.14. "Probate" is the legal process by which a will is proved to be valid or invalid.- The court that oversees probate proceedings is known as the _probate court_.15. "Jurisdiction" refers to the authority of a court to hear and decide cases.- There are different types of jurisdiction, including_personal jurisdiction_, subject matter jurisdiction, and territorial jurisdiction.三、简答题(每题5分,共20分)16. Define "actus reus" and "mens rea" in the context of criminal law.17. Explain the concept of "joint and several liability" in tort law.18. What is the difference between "specific performance" and "damages" as remedies in contract law?19. Describe the process of "discovery" in civil litigation.四、案例分析题(每题15分,共30分)20. Case Study: A company has been accused of patent infringement. The company argues that they were not aware of the patent and therefore should not be held liable. Discuss the legal principles that may apply to this case and the possible outcomes.21. Case Study: A tenant has been evicted from their apartment without proper notice. The tenant claims that the eviction was unlawful. Analyze the relevant legal provisions and discuss the tenant's potential remedies.五、论述题(共20分)22. Discuss the role of language in legal interpretation and the challenges it presents. Provide examples to support your argument.参考答案:一、选择题1-5: D T A B B6-10: B C A B B二、填空题11. "due process of law"。

西南政法大学 法律英语考试真题及答案

西南政法大学 法律英语考试真题及答案

西南政法大学法律英语考试真题及答案全文共3篇示例,供读者参考篇1Southwest University of Political Science and Law Legal English Exam Questions and AnswersPart I: Translation (20 points, 10 points each)Translate the following sentences into English:1. 我们必须遵守国际法规。

We must comply with international laws and regulations.2. 在法庭上他用英语进行了辩护。

He defended himself in English in court.3. 该条例规定了对未成年人犯罪行为的处罚。

The regulation stipulates the penalties for juvenile criminal behavior.4. 这份文件需要在截止日期之前提交。

This document needs to be submitted before the deadline.5. 该公司违反了环保法规,将面临巨额罚款。

The company will face hefty fines for violating environmental regulations.6. 他的律师成功地为他争取了辩护权。

His lawyer successfully fought for his right to defense.7. 请您签署此文件以确认接受以上条款。

Please sign this document to confirm acceptance of the above terms.8. 知识产权是一种无形资产,需要保护。

Intellectual property is an intangible asset that needs protection.9. 请尽快提供更多证据以支持您的主张。

法律英语试题库及答案

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。

法律英语试卷【范本模板】

法律英语试卷【范本模板】

1. To discuss the differences between the civil law system and the common law system。

ⅠThe original places are different. The civil law system originated in ancient Rome,and the common law system originated in England。

Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation。

Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules。

Ⅳ The classification of law is different。

The civil law is separated into public law and private law,the common law is separated into common law and equity。

Ⅴ Since theory and doctrines is important in legal education of civil law system,professor plays an important role in legal education. on the contrary,cases is the main source of common law, thus the judge’s decision is more important。

《法律英语》试卷

《法律英语》试卷

《法律英语》考试卷(A)(2020 ----2021学年第一学期)考试形式闭卷使用学生00916班考试时间90分钟出卷时间2021年1 月 5 日说明:考生应将全部答案都写在答题纸上,否则作无效处理。

I. Write out the legal English terminology matching with the following Chinese phrases.写出与下列汉语词语相对应的法律英语术语(10分)1.原告plaintiff; 2.被告defendant; 3.上诉人appellant; 4.陪审员Juror; 5.仲裁arbitration; 6.上诉appeal;7.维持原判Uphold the original verdict;8.最高院Supreme Court;9.法律冲突Conflict of laws;10.普通法系Common law systemII. Case analysis.案例分析(40分)ommissions including Marbury in 1800. The later sues Madison to Federal Supreme Court. The chief Madison as a new secretary of state , hearing new president Jefferson’s order, detains 17 judge cjudge Marshall deal the dispute wisely. Although Marbury hasn’t got any relief from court, Madison’s illegal action receives no punishment, and Federal Supreme Court hasn’t trial the case, the case is the most important one in America judicial system, especially to the establishment of three powers’check and balance system and to great America constitution. Analyze the case and show your own opinion.III.System comparing. 制度比较(25分)write the main actions and tasks which a judge should do in a trial in American court. And comparing the judge’s work between common law system and civil law system.写出美国法院审判中,法官所做的行为和索要完成的主要任务。

法律英语试卷

法律英语试卷

1. To discuss the differences between the civil law system and the common law system.Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation.Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.Ⅴ Since theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judge’s decision is more important.ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system(纠问式诉讼), in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teaching.ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree.Ⅱ The teaching methodIn USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class.In China, the professor exposes the law to his students, who take notes and do not intervene in class.Ⅲ Cases vs. DoctrinesIn the USA, students’ textbook contains lots of cases and decisions made by the judges.In China, The textbook involves many doctrines, concepts and theories.3.To discuss the main features of the American court systemThere are fifty-two court systems in the U.S. each state has its own system of courts, one for the District of Columbia and a federal system.In the state court systems, court structures vary from state to state. But they all exhibit a hierarchical structure; decisions of lower courts may be reviewed by higher courts. A state system includes:1) Trial courts of inferior jurisdiction2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil litigations involving small amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases.Every case should first be heard at the trial court. Then it can be appealed to the appellate court. Every state has its court of last resort.The structure of the federal system is similar. There are three levels of courts:(1) U.S. district courts(2) U.S. courts of appeals(3) the United States Supreme Court. Not like the other courts in federal systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts4.To discuss the significance of jurisdiction.First, it can enable the participants to institute a legal proceeding in a specific way.Next, it makes justice understand the whole case easily. It is convenient for the parties take part inthe litigation.Finally, save legal resources and smooth the legal proceedings.5. To discuss the main characteristics of case law.it can ensure the consistence of decisions .Known also as the principle of stare dicisis. Past judicial decisions are formally and generally binding for similar cases.Some precedents have greater weight than others. The weight of precedent is affected by the ranking of court that decided it.Once a prior decision has been overruled, it continues to bind the particular parties; it is no longer authoritative to the subsequent cases.a court is not bound to follow another state’s precedents,but it will consider the outstate decisions and, if their reasoning is persuasive, it can make use of them.6. To discuss the significance of case Marbury vs. Madison.it is a landmark case in the United States. It formed the basis for the exercise of judicial review.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to the plaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediate concerns of the Republicans and sidestepped the controversy, but the great significance of the case lay in the Court’s assumption that it has the final authority to determine whether any act is constitutional., thus, profoundly enhancing the Court’s authority.the case was the first strong pronouncement of the principle of judicial review, which is the power of the Court to examine legislation and other acts of Congress.In a word, the case established the principle of judicial review , which has been a permanent and indispensable feature of United States constitutional system.So the constitutional scholars, by consensus, regard the case as the most important case the Supreme Court ever has decided.7. The main differences between substantive law and procedural law.Procedural law define the form and method by which legal rights are enforced. While substantive law define the legal rights themselves.The differences are as follows:ⅠThey contain different rules and substances.Substantive law provides for the rules about duties or rights. While procedural law sets rules about form or method.ⅡAlthough “pure” substantive rules and “pure” procedural rules exist, many rules are a mixture of both substance and procedure. Some rules seem to be procedural are adopted for substantive reasons; likewise, some rules seem to be substantive are adopted for procedural reasons.Ⅲprocedural law generally have more efficiency considerations.8. Whether the death penalty should be abolished in America.The Court points out that the use of the death penalty has a long history of acceptance both in the US and in England , and it is apparent from the Constitution that the existence of capital punishment was accepted by the Framers. In the mean time we should assure that death penalty will not be wantonly imposed.it can be justified from the following grounds:(i) as a means of retribution against severe crimes(ii) as a deterrent to others;(iii) to prevent the criminal from re-offending;(iv) it's cheaper than keeping people in prison. It is not humanitarian .Opponents may argue:(i) killing someone is always wrong, and two wrongs can never make a right;(v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong . 9. To discuss the importance of Miranda warningMiranda warning is a warning that is required to be given by police in the United States to criminal suspects in police custody before they are interrogated to inform them about their constitutional rights It includes the right toremain silent; being clearly informed of that anything the person says will be used against that person in court; the right to consult with an attorney and to have that attorney present during questioning, if he or she is indigent, an attorney will be provided at no cost to represent her or him.1.Miranda warning guarantees the constitutional rights of suspects during the criminal investigation. Those rights are mainly from the fifth and sixth amendments.2.Due to this warning , suspects are well aware of their rights ,therefore, they can prevent the police from harming their legal rights.3.Miranda warning also help the suspects understand that he does not have the responsibility to self-incriminate.4.It guarantees that an indigent suspect has access to the help of an attorney. In this sense, whether the suspects are poor or not, they will receive equitable treatment.10. To discuss the function of voir direThe voir dire is the process used to select a jury.The prospective jurors are questioned about their backgrounds and potential biases before being chosen into a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by two methods: peremptory challenge: exclude a juror without having to specify a reason.and the challenge for cause.: we must demonstrate that the individual cannot be impartial or cannot handle the responsibility of making a rational decision.Jurors can be excluded by these reasons:1)have already formed an opinion about the guilt or innocence of the accused;2)are related to any of the parties or legal actors in the case;3)are physically or mentally impaired to the extent that the impairment will interfere with their decision-making process or4) are considered to be incapable of remaining impartial until the case is presented.11. To discuss what the appellate courts focus on and whether it is properAppellate courts review the action of the lower judicial tribunals. Actually, the scope of judicial review is relatively narrow; it does not retry the case on the merits, and it does not substitute its idea of justice for those of the trial court; what it does is to review the record of the proceedings to determine whether the lower court committed error on its procedure or in applying the substantive law to the facts of the case.They will only look at such documents: the pleadings, the transcript of testimony, the exhibits entered into trial and the trial court’s decisions. No additional testimony is taken. No new evidence is submitted.In most states, there are two kinds of appellate court, the intermediate appellate court and the court of last resort. If everyone appeals their cases to a higher court, the appellate courts’ workload will be tremendous, therefore, it is necessary to set up an intermediate appellate court.In my opinion, it is necessary to restrict the scope of judicial review. If the appellate courts retry every case, it would be a waste of judicial resources and make them unable to give their full attention to the novel and socially important controversies.12. What’s the differences between the torts and crimes?Ⅰ NatureA crime is considered to be a wrong against the whole society, whereas a tort is a wrong against an individual.Ⅱ The persons who actually prosecute the case.When crimes occur, State prosecutors/district attorneys. For tort claims, the injured party will prosecute the case.Ⅲ PunishmentsOne who commits a crime may be subject to such punishments as death penalty, imprisonment, forfeiture and fines. Except for fines, the above remedies are not available in tort law; compensatory damages and punitive damages are the most common punishments.However, some acts or omissions may be both criminal offenses and tortious ones. For instance, if one individual intentionally punches somebody, a crime may be committed, and the injured party will sue the defendant in a civil action.13. To discuss the process of the creation of case lawAs the name “case law” suggests, a collection of particular decisions, generate rules of general application, namely case law.From the point of view of parties to a lawsuit, what matters is the immediate outcome. However, in the view of judges, lawyers, the decisions take on broader perspective. Later judges will look to prior, similar decisions.It is a feature of the common law system that past judicial decisions are formally and generally binding for the disposition of similar present controversies. However, if a former decision has been overruled by a higher court, it is no longer authoritative to subsequent cases.A series of decisions of former cases does not of course in itself constitute a system of law. But rules of law arise sooner or later out of such decisions. When such rules are taken as normative for future disputes, we have a legal system of precedent.There is also another factor affecting this process: sense of justice requires that all men are treated alike in like circumstances.14. To discuss the differences between the binding precedents and persuasive precedentsBinding precedent is the precedent that a court must follow (it is law). There are two requirements must be met: these former decisions are in the same jurisdiction as that court. And the courts which rendered these decisions are in the same level as that court or higher.In contrast, persuasive precedent is precedent that a court need not follow (it is not law, may be persuasive because it suggests a line of reasoning and can be made use of as guidance and justification). All prior judicial decisions outside of that court's jurisdiction or from a lower court are considered to be persuasive only.15. To discuss the different roles of judge and attorneys in courtFirst of all, judges have authority to decide questions of law and fact in civil law system and only question of law in common law system. Attorneys only have right to show their evidence to convince the judges, but can’t decide cases at last.Second, the status is different. Judges have educational background, experiences and power to decide cases finally. So judges are more respectable and get more honor in court. Attorneys are legal practitioner, only can advise judge and jury how to decide cases. So they are inferior to judges in court.16. To discuss whether it is reasonable to choose common people as jurorsIt is reasonable to choose common people as jurors.With the participation of common people, the trial will become more impartial, because it’s more difficult to bribe the jurors than the judges.We can avoid the professional prejudice of the judges in the trial, which is formed in the long-term adjudication.It also reflects the democratization in the judicial system.But common people may be too emotional and sensitive. These will affect their judgments about aspecific case.Compared with experts, they are easier to be misled by lawyers.17. To discuss the differences between motive and intentMotive and intent have different legal meanings.Ⅰ Motive is the cause or reason that moves the will and induces action. It represents the stimulus for behavior. Intent relates to the state of mind at the time of the commission of the unlawful act.Ⅱ the prosecutor is not required to prove the defendant’s motive for behavior and the failure to do so does not mean the jury will vote for acquittal.And failures to establish an unlawful intent almost certainly result in acquittal.Ⅲ the motive may help to establish a justifiable reason for the illegal behavior. But a good motive does not necessarily acquit the suspect.18. To discuss the significance of the case Furman vs. GeorgiaIt is a mile stone in American history of death penalty. Before this case, capital punishment was widely accepted. After this case, roughly two-thirds of the states promptly redrafted their capital sentencing statutes.As the justice Marshall pointed out, the burden of capital punishment falls upon the poor, the underprivileged people, who are least able to voice their complaint. After this case, situation has changed; it is a big stride towards equity.As we all know, death penalty differs from other punishments because of its severity and it is irrevocable.Although the U.S. did not abolish the death penalty, this case makes the capital punishment imposed in a strict way.The death penalty can no longer be imposed in an arbitrary or capricious manner.19. To discuss the importance of due process in criminal procedure.Due process means that accused person in criminal cases must be accorded certain rights and they will be tried according to legal procedures.Importance:1.it is based on such a premise that freedom is so valuable, we must protect it from illegal invasion.2. protect the defendants against having to self-incriminate, being subjected to double jeopardy. Guarantee the trial is evenhanded to a large extent.3. as we know, it is better to free guilty persons than to convict innocent ones. Safeguarding the rights of the citizenry.4. it’s helpful to establish an elaborate legal system in order to minimize wrongful results.5.place limitations on government’s power to investigate and apprehend persons suspected of committing crimes.20. To discuss the difference between information, complaint and indictment.the bill of information is an accusation presented directly by the prosecutor without a grand jury indictment. . If the magistrate accepts the information, the defendant is bound over for trial.The complaint, a legal document in which the plaintiff gives the facts and reasons for the suit..An indictment is a formal accusation that identifies the specific charges against a suspect. Difference:Compared with information, complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process.2. Both information and complaint are presented by prosecutors, who file a charging document directly with the court, while indictment must be made by grand jury.21. To discuss the difference between verdict , judgment and sentencingFirst of all, verdict is used to solve substantive issues; judgment can solve both substantive and procedural issues.second, in one case, there is only one judgment , but maybe many verdicts,besides, judgment can only be rendered in written, however, written and oral verdict are both appropriate.if the accused is found guilty, the sentencing stage follows.22. to explain the difference between the proof by preponderance of evidence and proof beyond a reasonable doubtPreponderance of evidence is based on all of the evidence presented. On this standard, we may establish such belief that it is more likely than not that the individual has committed a crime.This standard is used in some jurisdictions for preliminary hearing and issuance of information.However, proof beyond a reasonable doubt considers all evidence. On this standard, we believe that the individual is clearly guilty; we can use the evidence to convict a suspect.23. To discuss the main characteristics of adversary system1. requires the parties to begin the lawsuit, define the issues, develop proof in support of their positions, present that proof to a court.2.the parties try to present their evidence in the best possible light and the opponent’s evidence in the worst possible light.3.this system assumes that parties will develop and present their cases more efficiently than a public agent with no interest in the outcome.wyers act as advocates for the parties.5.it also assumes that the financial resources available to each side are relatively equal.6.the judge’s role is reactive. He play a limite d, nonintrusive role in the investigation and litigation.Defect:7.but the parties may tend to mislead the judge8.different lawyers have different competence.24. To discuss a lawyer’s work before actually filing a complaintThe “client,” when he fir st comes to a lawyer, does not have a case; he has a problem. The lawyer’s first task is to ascertain “the facts.” This task is crucial, and it is not as easy as it sounds, even in simple situations. Clients are prone to misunderstanding, misimpression, and faulty recollection. Sometimes clients lie, and even when they aim at the truth.Next, you will need to determine if these facts state a claim under the applicable law. In many instances, the existence of a legal violation will be clear. But in other cases, it is not.At last, if you are satisfied that the facts can be proved, and they constitute a legal violation ,you will now have to determine in what court you will “bring your action.”。

2013.11法律英语LEC模拟题卷二

2013.11法律英语LEC模拟题卷二

2013.11法律英语LEC模拟题卷二法律英语证书(LEC)模拟考试题试卷二2013年11月17日提示:本试卷为阅读、翻译、写作题。

请将各题答案书写在答题纸的对应位置上,勿在卷面上直接作答。

Part I: Case Reading Comprehension (25 points)Read the case carefully and answer the questions followed briefly:LEFKOWITZ v. GREAT MINNEAPOLISSURPLUS STORE, INC.86 NW 2d 689MURPHY, Justice.This is an appeal from an order of the Municipal Court of Minneapolis denying the motion of the defendant for amended findings of facts, or, in the alternative, for a new trail. The order for judgment awarded the plaintiff the sum of $138.50 as damages for breach of contract.This case grows out of the alleged refusal of the defendant to sell to the plaintiff a certain fur piece which it had offered for sale in a newspaper advertisement. It appears from the record that on April 6, 1956, the defendant published the following advertisement in a Minneapolis newspaper:Saturday 9 A.M. Sharp 3 Brand New Fur Coats Worth to $100.00.First Come First Served $1 Each.On April 13, the defendant again published another advertisement in the same newspaper, as follows:Saturday 9 A.M. 2 Brand New Pastel Mink 3-Skin ScarfsSelling for $89.50Out they go Saturday. Each ... $1.001 Black Lapin Stole Beautiful, worth $139.50 ... $1.00First Come First ServedOn each of the Saturdays following the publication of the above-described ads the plaintiff was the first to present himself at the appropriate counter in the defendant’s store and on each occasion demanded the coat and the stole so advertised and indicated his readiness to pay the sale price of $1. On both occasions, the defendant refused to sell the merchandise to the plaintiff, stating on the first occasion that by a “house rule” the offer was intended for women only and sales would not be made to men, and on the second visit that plaintiff knew defendant’s house rules.The trial court properly disallowed plaintiff’s claim for the value of the fur coats since the value of these articles was speculative and uncertain. The only evidence of value was the advertisement itself to the effect that t he coats were “Worth to $100.00”, how much less being speculative especially in view of the price for which they were offered for sale. With reference to the offer of the defe ndant on April 13, 1956, to sell the “1 Black Lapin Stole …worth $139.50” the trial court held that the value of this article was established and granted judgment in favor of the plaintiff for that amount less the $1 quoted purchase price.The defendant contends that a newspaper advertisement offering items of me rchandise for sale at a named price is a “unilateral offer” which may be withdrawn without notice. He relies upon authorities which hold that, where an advertiser publishes in a newspaper that he has a certain quantity or quality of goods which he wants to dispose of at certain prices and oncertain terms, such advertisements are not offers which become contracts as soon as any person to whose notice they may come signifies his acceptance by notifying the other that he will take a certain quantity of them. Such advertisements have been construed as an invitation for an offer of sale on the terms stated, which offer, when received, may be accepted or rejected and which therefore does not become a contract of sale until accepted by the seller; and until a contract has been so made, the seller may modify or revoke such prices or terms. Montgomery Ward & Co. v. Johnson, 95 N.E. 290 (Mass. 1911); Nickel v. Theresa Farmers Co-op. Ass’n, 20 N.W.2d 117 (Wis. 1945); Lovett v. Frederick Loeser & Co., 207 N.Y.S. 753 (N.Y. Mun. Ct. 1924); Schenectady Stove Co. v. Holbrook, 4 N.E. 4 (N.Y. 1885); Georgian Co. v. Bloom, 108 S.E. 813 (Ga. Ct. App. 1921); Craft v. Elder & Johnson Co., 38 N.E.2d 416 (Ohio Ct. App. 1941).The defendant relies principally on Craft v. Elder & Johnston Co., supra. In that case, the court discussed the legal effect of an advertisement offering for sale, as a one-day special, an electric sewing machine at a named price. The view was expressed that the advertisement was “not an offer made to any specific person but was made to the public generally. Thereby it would be properly designated as a unilateral offer and not being supported by any consideration could be withdrawn at will and without not ice.” It is true that such an offer may be withdrawn before acceptance. Since all offers are by their nature unilateral because they are necessarily made by one party or on one side in the negotiation of a contract, the distinction made in that decision between a unilateral offer and a unilateral contract is not clear. On the facts before us we are concerned with whether the advertisement constituted an offer, and, if so, whether theplaintiff’s conduct constituted an acceptance.There are numerous authorities which hold that a particular advertisement in a newspaper or circular letter relating to a sale of articles may be construed by the court as constituting an offer, acceptance of which would complete a contract. J.E. Pinkham Lumber Co. v. C.W. Griffin & Co., 102 So. 689 (Ala. 1925); Seymour v. Armstrong & Kassebaum, 64 P. 612 (Kan. 1901); Payne v. Lautz Bros. & Co., 166 N.Y.S. 844 (N.Y. City Ct. 1916), aff’d, 168 N.Y.S. 369 (N.Y. Sup. Ct.), aff’d, 171 N.Y.S. 1094 (N.Y. App. Div. 1918); Arnold v. Phillips, 1 Ohio Dec. Reprint 195 (Ohio Ct. Common Pl. 1846); Oliver v. Henley, 21 S.W.2d 576 (Tex. Civ. App. 1929).The test of whether a binding obligation may originate in advertisements addressed to the general public is “whether the facts show that some performance was promised in positive terms in return for something requested.” 1 W ILLISTON, CONTRACTS § 27 (Rev. ed. 1936).The authorities above cited emphasize that, where the offer is clear, definite, and explicit, and leaves nothing open for negotiation, it constitutes an offer, acceptance of which will complete the contract. The most recent case on the subject is Johnson v. Capital City Ford Co., 85 So. 2d 75 (La. Ct. App. 1955), in which the court pointed out that a newspaper advertisement relating to the purchase and sale of automobiles may constitute an offer, acceptance of which will consummate a contract and create an obligation in the offeror to perform according to the terms of the published offer.Whether in any individual instance a newspaper advertisement is an offer rather than an invitation to make an offer depends on the legal intention of the parties and the surrounding circumstances. We are of the view on the factsbefore us that the offer by the defendant of the sale of the Lapin fur was clear, definite, and explicit, and left nothing open for negotiation. The plaintiff having successfully managed to be the first one to appear at the seller’s place o f business to be served, as requested by the advertisement, and having offered the stated purchase price of the article, he was entitled to performance on the part of the defendant. We think the trial court was correct in holding that there was in the conduct of the parties a sufficient mutuality of obligation to constitute a contract of sale.The defendant contends that the offer was modified by a “house rule” to the effect that only women were qualified to receive the bargains advertised. The advertisement contained no such restriction. This objection may be disposed of briefly by stating that, while an advertiser has the right at any time before acceptance to modify his offer, he does not have the right, after acceptance, to impose new or arbitrary conditions not contained in the published offer. Payne v. Lautz Bros. & Co., 166 N.Y.S. 844, 848 (N.Y. City Ct. 1916); Mooney v. Daily News Co., 133 N.W. 573 (Minn. 1911).AFFIRMED.Questions to be answered:1. Did the trial court allow the plaintiff’s claim for the values of both articles? And Why?2. What is the rule of law for an advertisement to be an offer?3. What’s the defendant’s contention?4. What is the legal effect of an invitation for an offer in a sales contract?5. What’s the issue?Part II: Translation (40 points)Question 1. Translate the following paragraphs into Chinese:1. § 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes andPolicies: Applicability of Supplemental Principles of Law.(a)[The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1)to simplify, clarify, and modernize the law governing commercial transactions; (2)to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3)to make uniform the law among the various jurisdictions.(b)Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.2. § 1-105. Severability.If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable.3. "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which theseller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goodsin a transfer in bulk or as security for or in total or partial satisfaction of a money debt.Question 2. Translate the following Chinese into English:4. 第二章劳动合同的订立第七条用人单位自用工之日起即与劳动者建立劳动关系。

法律英语试题及答案

法律英语试题及答案

法律英语试题及答案一、单项选择题(每题2分,共10题,满分20分)1. Which of the following is not a legal term?A. PlaintiffB. DefendantC. LitigationD. Negotiation答案:D2. In legal English, "due process" refers to:A. A fair and just legal procedureB. A quick legal procedureC. A legal procedure without any delayD. A legal procedure with minimal paperwork答案:A3. The term "precedent" in law means:A. A previous case that sets a legal principleB. A document that records a legal decisionC. A legal principle that is not bindingD. A case that is not relevant to current legal issues 答案:A4. Which of the following is not a type of contract?A. Sales contractB. Employment contractC. Marriage contractD. Insurance contract答案:C5. "Tort" in legal English refers to:A. A civil wrongB. A criminal actC. A legal documentD. A legal remedy答案:A6. "Probate" is the legal process of:A. Dividing an estate after deathB. Filing a lawsuitC. Registering a trademarkD. Drafting a will答案:A7. "Jurisdiction" in law refers to:A. The authority to make legal decisionsB. The location of a courtC. The type of law being appliedD. The legal profession答案:A8. "Affidavit" is a legal document that:A. Is signed by a judgeB. Is a sworn statement of factsC. Is a request for a court orderD. Is a legal opinion答案:B9. "Statute" is a type of law that is:A. Created by judgesB. Passed by a legislative bodyC. Based on common lawD. Enforced by the executive branch答案:B10. "Moot" in legal context means:A. Unimportant or irrelevantB. A legal argumentC. A type of lawsuitD. A legal document答案:A二、填空题(每题2分,共5题,满分10分)1. A legal dispute that is not resolved by negotiation or mediation may proceed to ________.答案:litigation2. The ________ of a contract is the formal agreement between parties.答案:execution3. A ________ is a person who has been granted the authorityto act on behalf of another.答案:agent4. The ________ is the highest court in many legal systems.答案:supreme court5. A ________ is a legal document that outlines the terms ofa contract.答案:deed三、阅读理解题(每题3分,共3题,满分9分)阅读以下段落,并回答问题。

法律英语证书(LEC)全国统一考试【简介】【说明】【考试大纲】【评测标准】

法律英语证书(LEC)全国统一考试【简介】【说明】【考试大纲】【评测标准】

法律英语证书(LEC)全国统一考试【简介】【说明】【考试大纲】【评测标准】法律英语证书(LEC)全国统一考试【简介】外语能力一直是衡量法律职业者素质和专业水平的一个重要方面,特别是经济全球化和我国对外开放不断深入的新形势对法律工作者的英语能力提出了更高的要求。

然而,由于法律英语的特殊性,国内一直没有一个科学的考核指标衡量法律从业人员专业英语的掌握程度。

法律英语证书(Legal English Certificate,简称LEC)全国统一考试的推出填补了国内相关领域的空白。

法律英语证书(LEC)全国统一考试指导委员会依托中国政法大学和北京外国语大学具体组织考试工作,旨在为从事涉外业务的企业、律师事务所提供招募国际性人才的客观标准,同时督促国内法律从业人员提高专业英语水平。

法律英语证书考试的题型、考察内容与美国的律师资格考试相近,同时又突出了法律英语语言运用的特色,并结合中国的实际增加了法律英语翻译测试。

公检法机关和企事业单位从事涉外法务工作人员;从事涉外法务的律师,公司法律部门的从业人员;高等院校法律、英语、经贸等专业学生;愿意从事法律英语教学的教师以及社会上一切法律英语爱好者均可参加法律英语证书(LEC)考试。

该考试证书是从事涉外法律服务工作人员专业英语水平权威证明,通过考试并取得LEC证书也是赴美攻读法学专业及取得美国律师职业资格的可靠保证。

法律英语证书考试每年举行两次,分别在5月份和12月份的最后一个周六举行,目前已在北京、上海、广州等城市设主考点,法律英语证书(LEC)全国统一考试指导委员会全面负责组考工作。

考试不受年龄、性别、职业、地区、学历等限制,持本人有效身份证件即可报名参加考试。

法律英语证书(LEC)全国统一考试【说明】一、法律英语证书(LEC)考试实行全国统一大纲、统一命题、统一考试制度。

欲了解考试相关信息,考生可随时登陆法律英语证书(LEC)全国统一考试官方网站.二、法律英语证书(LEC)全国统一考试指导委员会下设专家指导委员会,其主要职责是指导考试工作,提出理论学术新观点,参加全国统考委主办的学术研讨及座谈会议,负责制定法律英语证书(LEC)全国统一考试的考试大纲、研究开发考题、编写教材及考试辅导资料等。

法律英语证书(LEC)全国统一考试样题试卷二

法律英语证书(LEC)全国统一考试样题试卷二

法律英语证书(LEC)全国统一考试样题试卷二本题包括翻译、写作两部分,共限时180分钟1 Translation(1)Please translate the following paragraph into English根据中国银监会的资料,截至2004年12月31日,中国境内共有12家持有全国性银行执照的股份制商业银行。

截至同一日期,就总资产规模而言,本银行是这些银行中最大的。

一般而言,股份制商业银行的股东架构各不相同,包括(但不限于)当地政府实体及国有企业。

这些股份制商业银行大多数是在八十年代后期和九十年代初期组建,整体市场份额逐年增加,而四大银行的市场份额逐年下降。

根据中国银监会的资料,截至2004年12月31日,这些银行占中国金融机构总资产约14.9%。

(2) Please translate the following paragraph into Chinese2-202. Final Written Expression: Parol or Extrinsic Evidence.Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented(a) by course of dealing or usage of trade (Section 1-205) or by course of performance (Section 2-208); and(b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement .2 WritingSuppose you were Marie Lin, a lawyer of SHICHENG LAW FIRM, you have known that Max Chen wants to retain a legal consulting firm from afriend. Now, please write a letter to Max Chen, persuade him to choose your law firm. You also send him your firm brochure.Max Chen’s address: ABC corporation, Cyber Tower, Suite 119, Haidian, Beijing, China.Please pay more attention to format of your letter.。

大学法律英语期末考试的试题

大学法律英语期末考试的试题

大学法律英语期末考试的试题对于大学生来说,法律知识是影响正确三观的重要因素,同时也是弘扬和建设国家的方式之一,而对于法律专业的学生来说,不仅要学习中文的法律,还要学习外语版的法律知识。

下面是店铺为你整理的大学法律英语期末试卷,希望对你有用!大学法律英语期末试卷缩略词1. AGM=Annual General Meeting年度股东大会2. AKA=also known as俗称3. Am=ante meridiem上午4. Pm=post meridiem下午5. cc=carbon copy抄送,副本6. CEO=chief executive officer首席执行官7. cf=compared with8. CIF=cost, insuranceand freight到岸价格9. COD=cash on delivery货到付款10. eg=exempli gratia举个例子11. enc=enclosed附上12. etc.=et cetera等等13. FBI=Federal Bureau of Investigation美国联邦调查局14. FDI=Foreign Direct Investment外商直接投资15. FOB=free on board离岸价格16. GATT=General Agreement on Tariffs and Trade关贸总协定17. GMT=Greenwich mean time格林威治标准时间18. GDP=gross domestic product国内生产总值19. GNP= gross national product国民生产总值20. Ibid=ibidem 同上(出处)21. ie=id est换句话说(that is to say)22. IOU=I owe you借条23. IPO=initial public offering公开发售要约24. ASAP=as soon as possible25. BTW=by the way26. FYI=for your information供您参考27. POV=point of view28. FTA=Free Trade Agreement/Area自由贸易协定/区29. NAFTA= North American Free Trade Agreement 北美自由贸易协定30. pp=per procurationern代理人(签收信件)31. ps=post script附言,页面描述语言32. pto=please turn over请翻过来33. QED=quod erat demonstrandum谨以此作答34. VAT=value added tax增值税35. AOB= any other business 其他事大学法律英语期末试卷翻译题1“Affiliate”, in relation to a Party, means an entity that directly or indirectly controls, or is controlled by, or is under common control with, that Party. For the purpose of this definition, “control” means the ow nership, directly or indirectly, of 50% or more of the voting shares, registered capital or other interests in such entity, or the possession, directly or indirectly, of the power to appoint a majority of the members of the management, management committee or board of directors or similar decision-making body of such entity, whether through the ownership of voting shares, by contract or otherwise.1当涉及一方时,关联企业是指直接或间接控制一方,或被一方控制,或处于一方共同控制之下的实体。

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1. To discuss the differences between the civil law system and the common law system.ⅠThe original places are different. The civil law system originated in ancient Rome, and the commonlaw system originated in England.ⅡThe main traditional source of the common law is cases, while the main traditional source of thecivil law is legislation.ⅢThe civil law system pays more attention to substantive law; the common law system pays moreattention to procedural rules.ⅣThe classification of law is different. The civil law is separated into public law and private law, thecommon law is separated into common law and equity.ⅤSince theory and doctrines is important in legal education of civil law system, professor plays animportant role in legal education. on the contrary, cases is the main source of common law, thus thejudge's decision is more important.ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take arelatively passive role. Inquisitorial system(纠问式诉讼), in civil law countries , judges have the powerto investigate the case and inquire the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teaching.ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree. ⅡThe teaching methodIn USA, the teaching method is case method or Socratic method, students instead of theprofessors play an active role in the class.In China, the professor exposes the law to his students, who take notes and do not intervene inclass.ⅢCases vs. DoctrinesIn the USA, students' textbook contains lots of cases and decisions made by the judges.In China, The textbook involves many doctrines, concepts and theories.3.To discuss the main features of the American court systemThere are fifty-two court systems in the U.S. each state has its own system of courts, one for theDistrict of Columbia and a federal system.In the state court systems, court structures vary from state to state. But they all exhibit ahierarchical structure; decisions of lower courts may be reviewed by higher courts. A state systemincludes:1) Trial courts of inferior jurisdiction2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil litigations involving small amounts of money andminor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds ofcases.Every case should first be heard at the trial court. Then it can be appealed to the appellate court.Every state has its court of last resort.The structure of the federal system is similar. There are three levels of courts:(1) U.S. district courts(2) U.S. courts of appeals(3) the United States Supreme Court. Not like the other courts in federal systems which arecreated by congress, the Supreme Court is created by Constitution. There are a few specializedfederal courts4.To discuss the significance of jurisdiction.First, it can enable the participants to institute a legal proceeding in a specific way.Next, it makes justice understand the whole case easily. It is convenient for the parties take part in6/ 1the litigation.Finally, save legal resources and smooth the legal proceedings.5. To discuss the main characteristics of case law.it can ensure the consistence of decisions .Known also as the principle of stare dicisis. Past judicial decisions are formally and generallybinding for similar cases.Some precedents have greater weight than others. The weight of precedent is affected by theranking of court that decided it.Once a prior decision has been overruled, it continues to bind the particular parties; it is no longerauthoritative to the subsequent cases.a court is not bound to follow another state's precedents, but it will consider the outstatedecisions and, if their reasoning is persuasive, it can make use of them.6. To discuss the significance of case Marbury vs. Madison.it is a landmark case in the United States. It formed the basis for the exercise of judicial review.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to theplaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediateconcerns of the Republicans and sidestepped the controversy, but the great significance of the caselay in the Court's assumption that it has the final authority to determine whether any act isconstitutional., thus, profoundly enhancing the Court's authority.the case was the first strong pronouncement of the principle of judicial review, which is the powerof the Court to examine legislation and other acts of Congress.In a word, the case established the principle of judicial review , which has been a permanent andindispensable feature of United States constitutional system.So the constitutional scholars, by consensus, regard the case as the most important case theSupreme Court ever has decided.7. The main differences between substantive law and procedural law. Procedural law define the form and method by which legal rights are enforced. While substantivelaw define the legal rights themselves.The differences are as follows:ⅠThey contain different rules and substances.Substantive law provides for the rules about duties or rights. While procedural law sets rules aboutform or method.ⅡAlthough “pure”substantive rules and “pure”procedural rules exist, many rules are a mixture ofboth substance and procedure. Some rules seem to be procedural are adopted for substantivereasons; likewise, some rules seem to be substantive are adopted for procedural reasons. Ⅲprocedural law generally have more efficiency considerations.8. Whether the death penalty should be abolished in America.The Court points out that the use of the death penalty has a long history of acceptance both in theUS and in England , and it is apparent from the Constitution that the existence of capital punishmentwas accepted by the Framers. In the mean time we should assure that death penalty will not bewantonly imposed.it can be justified from the following grounds:(i) as a means of retribution against severe crimes(ii) as a deterrent to others;(iii) to prevent the criminal from re-offending;(iv) it's cheaper than keeping people in prison. It is not humanitarian . Opponents may argue:(i) killing someone is always wrong, and two wrongs can never make a right; 6/ 2(v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong .9. To discuss the importance of Miranda warningMiranda warning is a warning that is required to be given by police in the United States to criminalsuspects in police custody before they are interrogated to inform them about their constitutional rightsIt includes the right toremain silent; being clearly informed of that anything the person says will beused against that person in court; the right to consult with an attorney and to have that attorneypresent during questioning, if he or she is indigent, an attorney will be provided at no cost to representher or him.1.Miranda warning guarantees the constitutional rights of suspects during the criminalinvestigation. Those rights are mainly from the fifth and sixth amendments. 2.Due to this warning , suspects are well aware of their rights ,therefore, they can prevent thepolice from harming their legal rights.3.Miranda warning also help the suspects understand that he does not havethe responsibility toself-incriminate.4.It guarantees that an indigent suspect has access to the help of an attorney. In this sense,whether the suspects are poor or not, they will receive equitable treatment. 10. To discuss the function of voir direThe voir dire is the process used to select a jury.The prospective jurors are questioned about their backgrounds and potential biases before beingchosen into a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by twomethods: peremptory challenge: exclude a juror without having to specify a reason.and the challenge for cause.: we must demonstrate that the individual cannot be impartial orcannot handle the responsibility of making a rational decision.Jurors can be excluded by these reasons:1)have already formed an opinion about the guilt or innocence of the accused;2)are related to any of the parties or legal actors in the case;3)are physically or mentally impaired to the extent that the impairment will interfere with theirdecision-making process or4) are considered to be incapable of remaining impartial until the case is presented.11. To discuss what the appellate courts focus on and whether it is properAppellate courts review the action of the lower judicial tribunals. Actually, the scope of judicialreview is relatively narrow; it does not retry the case on the merits, and it does not substitute its idea ofjustice for those of the trial court; what it does is to review the record of the proceedings to determinewhether the lower court committed error on its procedure or in applying the substantive law to the factsof the case.They will only look at such documents: the pleadings, the transcript of testimony, the exhibitsentered into trial and the trial court's decisions. No additional testimony is taken. No new evidence issubmitted.In most states, there are two kinds of appellate court, the intermediate appellate court and thecourt of last resort. If everyone appeals their cases to a higher court, the appellate courts'workload will be tremendous, therefore, it is necessary to set up an intermediate appellate court.In my opinion, it is necessary to restrict the scope of judicial review. If the appellate courts retryevery case, it would be a waste of judicial resources and make them unable to give their full attentionto the novel and socially important controversies.12. What's the differences between the torts and crimes? ⅠNatureA crime is considered to be a wrong against the whole society, whereas a tort is a wrong againstan individual.6/ 3ⅡThe persons who actually prosecute the case.When crimes occur, State prosecutors/district attorneys. For tort claims, the injured party willprosecute the case. ⅢPunishmentsOne who commits a crime may be subject to such punishments as death penalty, imprisonment,forfeiture and fines. Except for fines, the above remedies are not available in tort law; compensatorydamages and punitive damages are the most common punishments. However, some acts or omissions may be both criminal offenses and tortious ones. For instance, ifone individual intentionally punches somebody, a crime may be committed, and the injured party willsue the defendant in a civil action.13. To discuss the process of the creation of case lawAs the name “case law”suggests, a collection of particular decisions, generate rules of generalapplication, namely case law.From the point of view of parties to a lawsuit, what matters is the immediate outcome. However, inthe view of judges, lawyers, the decisions take on broader perspective. Later judges will look to prior,similar decisions.It is a feature of the common law system that past judicial decisions are formally and generallybinding for the disposition of similar present controversies. However, if a former decision has beenoverruled by a higher court, it is no longer authoritative to subsequent cases.A series of decisions of former cases does not of course in itself constitute a system of law. Butrules of law arise sooner or later out of such decisions. When such rules are taken as normative forfuture disputes, we have a legal system of precedent.There is also another factor affecting this process: sense of justice requires that all men aretreated alike in like circumstances.14. To discuss the differences between the binding precedents and persuasive precedentsBinding precedent is the precedent that a court must follow (it is law). There are two requirementsmust be met: these former decisions are in the same jurisdiction as that court. And the courts whichrendered these decisions are in the same level as that court or higher.In contrast, persuasive precedent is precedent that a court need not follow (it is not law, maybe persuasive because it suggests a line of reasoning and can be made use of as guidance andjustification). All prior judicial decisions outside of that court's jurisdiction or from a lower court areconsidered to be persuasive only.15. To discuss the different roles of judge and attorneys in courtFirst of all, judges have authority to decide questions of law and fact in civil law system and onlyquestion of law in common law system. Attorneys only have right to show their evidence to convincethe judges, but can't decide cases at last.Second, the status is different. Judges have educational background, experiences and power todecide cases finally. So judges are more respectable and get more honor in court. Attorneys are legalpractitioner, only can advise judge and jury how to decide cases. So they are inferior to judges incourt.16. To discuss whether it is reasonable to choose common people as jurorsIt is reasonable to choose common people as jurors.With the participation of common people, the trial will become more impartial, because it's moredifficult to bribe the jurors than the judges.We can avoid the professional prejudice of the judges in the trial, which is formed in the long-termadjudication.It also reflects the democratization in the judicial system.But common people may be too emotional and sensitive. These will affect their judgments about a6/ 4specific case.Compared with experts, they are easier to be misled by lawyers.17. To discuss the differences between motive and intentMotive and intent have different legal meanings.ⅠMotive is the cause or reason that moves the will and induces action. It represents the stimulus forbehavior. Intent relates to the state of mind at the time of the commission of the unlawful act.Ⅱthe prosecutor is not required to prove the defendant's motive for behavior and the failure to do sodoes not mean the jury will vote for acquittal.And failures to establish an unlawful intent almost certainly result in acquittal.Ⅲthe motive may help to establish a justifiable reason for the illegal behavior. But a good motive doesnot necessarily acquit the suspect.18. To discuss the significance of the case Furman vs. GeorgiaIt is a mile stone in American history of death penalty. Before this case, capital punishment waswidely accepted. After this case, roughly two-thirds of the states promptly redrafted their capitalsentencing statutes.As the justice Marshall pointed out, the burden of capital punishment falls upon the poor, theunderprivileged people, who are least able to voice their complaint. After this case, situation haschanged; it is a big stride towards equity.As we all know, death penalty differs from other punishments because of its severity and it isirrevocable.Although the U.S. did not abolish the death penalty, this case makes the capital punishmentimposed in a strict way.The death penalty can no longer be imposed in an arbitrary or capricious manner.19. To discuss the importance of due process in criminal procedure.Due process means that accused person in criminal cases must be accorded certain rights and theywill be tried according to legal procedures.Importance:1.it is based on such a premise that freedom is so valuable, we must protect it from illegal invasion.2. protect the defendants against having to self-incriminate, being subjected to double jeopardy.Guarantee the trial is evenhanded to a large extent.3. as we know, it is better to free guilty persons than to convict innocent ones. Safeguarding the rightsof the citizenry.4. it's helpful to establish an elaborate legal system in order to minimize wrongful results.5.place limitations on government's power to investigate and apprehend persons suspected ofcommitting crimes.20. To discuss the difference between information, complaint and indictment.the bill of information is an accusation presented directly by the prosecutor without a grand juryindictment. . If the magistrate accepts the information, the defendant is bound over for trial.The complaint, a legal document in which the plaintiff gives the facts and reasons for the suit..An indictment is a formal accusation that identifies the specific charges against a suspect.Difference:Compared with information, complaint is often associated with misdemeanor criminal chargespresented by the prosecutor without the grand jury process.2. Both information and complaint are presented by prosecutors, who file a charging documentdirectly with the court, while indictment must be made by grand jury.21. To discuss the difference between verdict , judgment and sentencingFirst of all, verdict is used to solve substantive issues; judgment can solve both substantive andprocedural issues.6/ 5second,in one case, there is only one judgment , but maybe many verdicts, besides, judgment can only be rendered in written, however, written and oral verdict are bothappropriate.if the accused is found guilty, the sentencing stage follows.22. to explain the difference between the proof by preponderance of evidence and proofbeyond a reasonable doubtPreponderance of evidence is based on all of the evidence presented. On this standard, we mayestablish such belief that it is more likely than not that the individual has committed a crime.This standard is used in some jurisdictions for preliminary hearing and issuance of information.However, proof beyond a reasonable doubt considers all evidence. On this standard, we believethat the individual is clearly guilty; we can use the evidence to convict a suspect.23. To discuss the main characteristics of adversary system1. requires the parties to begin the lawsuit, define the issues, develop proof in support of theirpositions, present that proof to a court.2.the parties try to present their evidence in the best possible light and the opponent's evidence inthe worst possible light.3.this system assumes that parties will develop and present their cases more efficiently than apublic agent with no interest in the outcome.wyers act as advocates for the parties.5.it also assumes that the financial resources available to each side are relatively equal.6.the judge's role is reactive. He play a limited, nonintrusive role in the investigation and litigation.Defect:7.but the parties may tend to mislead the judge8.different lawyers have different competence.24. To discuss a lawyer's work before actually filing a complaintThe “client,”when he first comes to a lawyer, does not have a case; he has a problem. Thelawyer's first task is to ascertain “the facts.”This task is crucial, and it is not as easy as it sounds, evenin simple situations. Clients are prone to misunderstanding, misimpression, and faulty recollection.Sometimes clients lie, and even when they aim at the truth.Next, you will need to determine if these facts state a claim under the applicable law. In manyinstances, the existence of a legal violation will be clear. But in other cases, it is not.At last, if you are satisfied that the facts can be proved, and they constitute a legal violation ,youwill now have to determine in what court you will “bring your action.”6/ 6。

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