法律英语口语试题及答案整理
法律英语口语：诉讼费
法律英语口语：诉讼费1.Costs of the case will be borne by the defendant.2.Costs will be shared equally between the two paties.3.The amount of costs payable by one party to another may be fixed by rules or determined by way of assessment.4.The cost of litigation will be more affordable and predictable.5.The court ordered the costs to be taxed if not agreed.6.The defendants successfully obtained the dismissal ofan appeal but were awarded no costs.7.The judge awarded costs to the defendant.8.The party receiving costs may obtain some of thosecosts at an early stage.9.The paying party is often required to pay the receiving party a sum which is less than the sum the winner has to pay his own legal representative.10.There are two bases upon which the court may assessthe amount of costs recoverable.诉讼费讼案费用由被告承担。
诉讼费由双方当事人平均分担。
法律英语口语：原告和被告
以下是整理的《法律英语⼝语：原告和被告》，希望⼤家喜欢！1.The accused admitted six other offences.2.The accused had no criminal record.3.The accused throughout is presumed to be innocent unless he admits the offence or until he is proved beyond reasonable doubt to be guilty.4.The accused was convicted of murder and will be sentenced next week.5.The accused was found to be innocent.6.The case proceeded notwithstanding the objections of the defendant.7.The defendant applied for an extension of time in which to serve her defense.8.The defendant asked permission to address the court.9.The defendant entered defense of justification.10.The defendant has the right to file a counter-suit.11.The defendant has applied for an adjounment.12.The defendant is in breach of his statutory duty.13.The defendant prevailed in the case.14.The defendant was in court for three hours.15.The defense attorney's objection was overruled by the judge.16.The lack of good will was evidenced by the defendant's behavior in the witness stand.17.The plaintiff is seeking remedy through the courts.18.The relief the plaintiff sought was an injunction and damages.19.The plaintiff's account and defendant's response were filed with a master in chancery.20.The respondent was not acting bona fide.原告和被告被告承认其他六个犯罪⾏为.被告没有前科.在招认犯罪或毫⽆疑义地被证实有罪之前,被告都应被推定⽆罪.被告已被定谋划杀罪并于下周判刑.被告被判⽆罪.尽管被告反对,诉讼照常进⾏.被告申请延长她送答辩状的时间.被告要求允许他在法庭讲话.被告⽤被控⾏为正当为由进⾏辩护.被告有权提起反诉.被告提出休庭申请.被告未履⾏他的法定义务.被告胜诉被告被法庭审了三个⼩时.被告辩护律师提出的反对意见被法官驳回.被告在证⼈席的⾏为显⽰其缺乏善意.原告正通过法院寻求救济.原告请求的救济为强制令和损害赔偿⾦.原告的指控和被告的辩护被提交给了司法衡平法院的主事官.被告的⾏为不真诚.。
法律专业英语试题及答案
法律专业英语试题及答案一、选择题（每题1分，共10分）1. Which of the following is the correct translation of "plaintiff" in English?A. DefendantB. PlaintiffC. LitigantD. Juror2. The term "due process" refers to:A. The process of serving legal documentsB. The right to a fair and impartial trialC. The process of collecting debtsD. The process of issuing a warrant3. In legal terms, "precedent" means:A. A legal documentB. A previous case that can be used to decide a similar caseC. A legal principleD. A legal rule4. The phrase "pro se" is used to describe a person who:A. Represents themselves in courtB. Is a professional lawyerC. Is a legal assistantD. Is a legal expert witness5. Which of the following is not a type of legal document?A. ContractB. DeedC. WillD. Invoice6. The term "bail" refers to:A. A legal obligationB. A sum of money given to ensure the appearance of a defendant in courtC. A legal feeD. A court order7. "Statute of limitations" is a legal term that means:A. The deadline for filing a lawsuitB. The time limit for a court to make a decisionC. The time limit for a defendant to respond to a lawsuitD. The time limit for a witness to testify8. "Probate" is the legal process of:A. Filing a lawsuitB. Administering an estate after someone's deathC. Issuing a court orderD. Enforcing a contract9. The "Bill of Rights" is a term commonly associated with:A. The first ten amendments to the United States ConstitutionB. A list of legal rights in a contractC. A document outlining the rights of defendantsD. A set of rules for a court proceeding10. "Tort" is a legal term that refers to:A. A criminal actB. A civil wrong that can result in compensationC. A legal documentD. A type of contract二、填空题（每题1分，共10分）1. The legal term for a formal accusation against someone is a(n) _______.2. A(n) _______ is a person who has been granted permission to practice law.3. "Injunction" refers to a court order that requires someone to do, or not do, something.4. The process of a court determining the rights and obligations of parties in a dispute is called _______.5. "Affidavit" is a written statement of facts confirmed by the oath of the party making it, which is used as evidence in court.6. A(n) _______ is a legal document that outlines the terms and conditions of an agreement.7. The term "eminent domain" refers to the power of the government to take private property for public use.8. "Misdemeanor" is a(n) _______ crime, less serious than a felony.9. A(n) _______ is a legal document that proves ownership of property.10. "Litigation" is the process of taking a dispute to court to resolve it through a formal hearing.三、简答题（每题5分，共20分）1. Explain the concept of "double jeopardy" in legal terms.2. What are the main differences between civil law and common law systems?3. Describe the role of a judge in a criminal trial.4. What is the purpose of a "plea bargain" in the legal process?四、论述题（每题15分，共30分）1. Discuss the importance of legal ethics in the practice of law.2. Analyze the impact of globalization on the legal profession.五、翻译题（每题5分，共10分）1. 请将以下句子翻译成英文：“在法律面前，人人平等。
法律英语口语资料
Hello,大家好，这是我们宿舍118全体成员吐血整理的英语口语答案，均来自课后习题，如有错误，请自行改正，仅供参考，祝好！Unite1text a1.How was common law established?How was it expended around the world?(p1) (1)Originated in England,royal courts.When the common law unfair and rigid,the court created court of chancery based on many petitions from the subjects to grant relief to mon law is created through the interaction of judges and attorneys in the courtroom,(2)The British empire brought to all countries.Conquer and impose the law on colonies.such as Australia,India.They accept but with adaption to take into account the local customs;economic hegemony,like contracts and international arbitrators. 2.What does the common law include?What are the main characteristics of case law?（1）case law and equity law.Equity is also referred to as cases,which supplement strict rules of law where their application would operate harshly,to achieve natural justice.Most common law remedy is money damages,equity can enter injunctions （2）Based on the law in England;Has it source in previous decisions,legislation as an addition,parol evidence rule,stick to what was written in contract3.How different is the legal system of Louisiana from the rest of the United States? The legal system of Louisiana state is civil law while the other is common law tradition.The civil law was in place before the united states gained jurisdiction. French code influence4.What does civil law mean?How was it established and spread in the world?(p2)(1)literally means the law of the citizens of Rome.(2)originated in Rome,the law of the city of Rome,applied to only a citizen of Rome；Germanic influence canon law;Justinian Code;university of Bologna teaches rome law----sources,more universities following,was received in continental Europe.At first,as private law,codification,the french and german code5.what is the main difference between civil law and common law?There are many differences between civil law system and common law system. First,their original places are different;the civil law system originated in ancient Rome,and the common law system originated in England.Second,the main traditional source of the common law is cases,while the main traditional source of the civil law is legislation.Third,the civil law system pays more attention to substantive law;the common law system pays more attention to procedural rules.Another important difference between them is classification,the civil law is separated into public law and private law,the common law is separated into common law and equity.Civil law is prone to codification,while in common law,single and separate statues and regulations are more common.In common law system,judges are from lawyers,and enjoy highly prestige,while in civil law tradition,the ways to become a judge are different from those of lawyers. The amount of research an attorney must do.In common law,the attorney must research related cases,to see if they can be applied.6.What are the main source of law of the common law countries and civil law countries?Cases-primary source;legislation;but cases more relevant in civil law,and legislation more relevant in common law.7.What different attitudes do the civil law system and the common law system hold toward legislation and case law?Civil law jurists consider the civil code as an all encompassing document,cases are not the source of law;draft in general and abstract terms,the court has more discretion;in common law,legislation as an exception to the case law,the court interpret more restrictively,use specific term.8.Why do civil law students read law doctrine more than cases?Why is law doctrine considered a source of law in civil law countries and a highly respected one?(1)Law doctrine is the writing of law professors on what law is or should be,the source of law,while the case is the source(2)The university reintroduced the civil law in continental Europe,as a long history law professors enjoyed a high prestige,and many of them give helpful suggestion to the legislation and many drafts include the essence of their noble thoughts.9.Who play an important role in defining the law in civil law system,the law professors or the judges?What about the common law system?Law professors;judges10.Can you compare the legal method employed in American legal education and the legal method used in other countries?How do you comment on the case method and Socratic method?(1)In America,starts with the study of cases,legal education is original and unique, while in other countries,case method is not thought of,law is an undergraduate degree,legal education tends to be longer than in the U.S,teaching style:the professor exposes the law to students who take notes and do not intervene in class.(2)Case method,case matching and comparison;students have more interaction with professor,and discuss with their classmates,the clashes and meeting of different thoughts give them a vivid opportunity to lean from other and reflect on themselves. By expressing their own ideas and opinions,they can practice their ability to think, speak and analyses,to put what they have leaned into case analyses to be welled prepared for future career.Unite1text B1.How is case law created?Decisions of judges,or of other officials by the constitution or laws of a political entity to hear and decide controversies create case law,rules of general application. 2.What does a particular decision mean to the parties to a lawsuit,the lawyers, judges,and law students?(1)Immediate outcome,the result the tribunal reaches in their case.Eg,the plaintiff will or will not win the lawsuit and the defendant will or will not pay the damages the plaintiff has asserted.(2)A broader perspective,A source of general applicable case law or authority for determining subsequent controversies.The court will seek guidance from prior,similar te judges and lawyers will look to this specific case for a rule. (3)Classic case will serve a material in textbook for the students to analysis.3.What,why and when creates a legal system of precedent?(1)Past decisions;a mere series of decisions of individual cases does not in itself constitute a system of law.rules of action arise out of the solution of particular problems(2)Habits rooted in people,eg:laziness,saving energy and time; predictability;justice:all men are properly treated alike in like circumstances.(3)When the generalizations built upon past decisions are taken as normative for future disputes.4.What might happen if a court follows the precedent mechanically?A court following the precedent mechanically will at times perpetuate legal rules and concepts that are outlived their usefulness.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.Social system meets infinite changes,the law once applicable may not accommodate the current circumstances,such as gay marriage;or new circumstances arise which the old case has no reference or guidance,such as certain information crime.5.what is the problem remaining in the legal system recognizing past decisions as authoritative sources of law for future cases?Territorial limitation--jurisdiction;only for like cases---factually(material facts)similar,future cases.6.Explain the difference between stare decisis and res judicata?The stare decisis is that the final decision,as a precedent or a potential precedent for future case,has its impact on the legal norm of the conduct.And the courts have never regarded as absolutely binding and can overrule even clear precedents when consideration of public policy requires a change in the case law.Past judicial decisions are formally and generally binding for the disposition of factually similar present controversies.The res judicata is an authoritative settlement of a particular controversy then before the court,it is addresses a decision’s impact in the individual case.and it have the absolutely binding even when the precedents changes,the particular case will not be reversed.The doctrine of res judicata bars a person from ever suing on the same claim again.Eg;the right of privacy.7.what is the doctrine bars a person from ever suing on the same claim again?What is the significance?res judicata,the decision is final and conclusive permanent in its aspect as a settlement of a particular case.may serve as general law for the future.8.Why does the case law process in American courts have comparative law ingredient?All the common law decisions of each state reflect common law principle.9.How does a court of last resort in one state make use of out state decisions?Not bound to follow,but will carefully consider,if reasoning persuasive,make use of as sources of guidance and justification Sometimes they cite and draw upon decisions from out state,these decisions are not full-fledged precedents,but persuasive authority,not binding but have great influence when there is no local precedent or local precedents are conflicting and unclear.An out state case is not authoritative and should not be assigned the same force as a true legal precedent.10.Can you explain the difference between the binding precedent and persuasive precedent?Binding precedent is precedent that a court must follow(it is law).it has legal force.All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent.Binding effect to the parties and judges but can be overruled and reversed if the result is errornus.In contrast,persuasive precedent is precedent that a court need not follow(it is not law,but as the name suggests,may be persuasive because it suggests a line of reasoning).All prior judicial decisions outside of that court's jurisdiction or from a lower court are considered to be persuasive only.11.the difference between overrule and reverse?The court overrules its own precedent,the prior decision continues to bind the parties to it,but the overruled decision is no longer authoritative as to subsequent controversies.A higher court reviews the lower court’s judgment and concludes the lower court has reached an erroneous result in that case,and reverse the decision.the lower court’s judgment is set aside and is no longer effective as to the parties.Unite21.what kinds of cases do the inferior courts deal with?what are some of the limits that are imposed on them?Civil jurisdiction defined in the amount of money in disputes;criminal jurisdiction is defined in term of the maximum jail sentence,maximum fine.Limited to civil suits involving relatively small amounts of money and to minor violations of the criminal law.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,it must be heard in a court empowered to try all kinds of cases,without monetary or subject matter limitation.3.What’s the function of court of last resort?Why are appeals to court of last resort limited?(1)The function of court of last resort is to review the action of the lower judicial tribunals of the state determines with finality review on what particular state’s law is and should be.The scope of judicial review is relatively narrow.It does nor retry the case on the merits or substitute its idea of justice for those of the trial courts.It only reviews the record of the proceedings to determine whether or not the lower court committed error on its procedure or in applying the substantive law to the facts of the case.(2)Appeals to court of last resort are limited.It’s because if every o claim the right of day in court and get appealed,it will lead to a vast increase in appellate litigation,especially in more populous states,and hopeless congestion of the dockets of the court of last resort which has to give its full attention to novel and socially important controversies.4.why are intermediate appellate courts established?What does the screening out function refer to?In response to the great burden of the appellate court and to strain out and dispose of the bulk---cases.It gives the court of last resort wide discretion over the granting of denial of applications for its appellate review.The“screening ort”function refers to make the intermediate appellate court the final tribunal for most cases to decrease the cases which are easy or old appealed to the court of last resort.5.What must be the jurisdiction of a district court based upon?What does the workload of the district court make up?(1)Based upon judicial power of the u.s.Specific,on the character of the controversy(arising under the constitution of the laws of the united states)or on the character of parties to the controversy.(2)6.What limitation are imposed on district court jurisdiction?under what circumstances can a case be removed to the federal court?Why?Limitation in some federal question and all diversity of citizenship cases.The matter in controversy must exceed50,000dolor.,but If the plaintiff file his suit in a state trail court,the defendant may in certain circumstances have the case removed to the federal court for the same district.If brought in the state court of the defendant’s residence,it can not be removed.7.How are trials conducted in the district court?What procedure is applicable? Procedure is uniform throughout the u.s and takes no account of the differences from state to state.the Federal Rules,namely the Rules of civil procedure applicable both to actions at law and cases in equity in district court throughout the country.8.Describe the us courts of appeals.What does en banc mean?The u.s has13judicial circuits each with its own court of appeals.the federal circuit is different in that its jurisdiction is defined in terms of subject matter rather than geography.federal appeals in both civil and criminal cases are heard by panels of threejudges,but for difficult or important cases,the full complement of circuit judges may sit en banc.(2)the legislation authorizes the summoning of district judges to sit temporarily in the courts of appeals when pressure of appellate business requires.All the judges preside over the case sitting in court.9.How can you get appeals reviewed by the Supreme Court?What is the policy underlying the discretionary nature of the supreme court appellate jurisdiction?You must first persuade the Supreme Court that the issues presented by your case are important enough,as issues of general federal law,to justify Supreme Court consideration.A disappointed litigant cannot secure Supreme Court review merely by contending,however persuasively,that the decision handed down against her was wrong.Always reviews by the Supreme Court can be secured only by a“petition for a writ of certiorari”,which the supreme court,in the exercise of the broad discretion conferred upon it by acts of congress,may grant or deny.Petition for a writ of certiorari.If four or more of the nine justices vote to take the case,the court will grant.(2)if appeal to the supreme court were available in all cases,the court will be stuck in overload ordinary appeals and unable to give full consideration to the great cases it must decide with finality as umpire of the federal system,authoritative guardian of the constitutional liberties and final overseer of the justice10.What do you think are the proper ways to supervise and discipline the judges? Under what circumstances the judges needs to be removed from the judgeship?The comment on impeachment of judges?(1)decent salary and good welfare to decrease to urge to corrupt(2)Well-structured procedure,such as avoidance,writ(3)Medias,public supervision(4)Enforceable and practical system of Responsibilities and penalty(5)The senate can impeach the judges,one hand,it indicates the supervision from outside branch,to deter the judges from malpractice,on the other hand,it also sticks to the principle of separation of power,that is the legislation can not dispose a judge directly but just impeachment.11.Can you explain diversity of citizenship?What court have jurisdiction over “diversity of citizenship”?Diversity of citizenship means suits between citizens of different states of the United States.Both federal and state courts have the jurisdiction over“diversity of citizenship”.If a plaintiff files the case in a state court of his own district,the defendant can remove it to a federal court of the same district.But if the plaintiff files it in the court of the defendant’s district,the defendant can’t remove it.It reflects the concern that a citizen of one state may not be fairly treated in its opponents residence12.What kind of case can be reviewed by the Supreme Court?The Supreme Court also considers cases on appeal from(or rejected for appeal by) State supreme courts,provided the case is of national importance and involvesconstitutional or federal law.The justices do not rule on state constitutional issues or state and municipal statutes.The Supreme Court decides to hear a case on three major factors:whether the case was an appeal by the federal court and is in conflict with the decisions of other circuits;the general importance of the case;and whether the lower court's decisions may be wrong in light of the Supreme Court's opinions.Unite3text B1.who has the authority to determine how the constitution is interpreted and applied toa particular case?who are entitled to such authority,which one has the final say?The supreme courts,among which the u.s supreme court has the final say2.Does the constitution vest judicial review on the supreme court?How will article3 be interpreted?No,the interpretation of the power in article3was extended to hear all cases arising under constitution.The provision creates the supreme court not its authority.not a grant of authority to exercise constitutional review in hearing them.3.How was the power of judicial review established?What is the significance of the case madison?By the court’s decision in the1803case of Marbury v.Madison.president adams nominated his secretary of state marshell to be chief justice.On the night before jefferson becoming president,marshell performing the duty of affixing the seal of the commission of new judges.through inadvertence,the commission of marbury,a justice of peace was not delivered to the new office holder and was withhold by the new secretary of state.Marbury sued for his commission,claiming a writ of mandamus in the supreme court,in deciding the case,to avoid the dilemma in it political belief and president’s noncompliance,marshell ruled that his appointment was complete once sighed by the former president,the remedy is mandamus,but the judiciary act is unconstitutional to grant the court to give mandamus,the court have no jurisdiction of the case.The importance of this case is the supreme court’s assumption to itself of the final authority to determine if the acts of congress was constitutional which profoundly enhance the court’s authority.Despite the lack of logical rigor in this case,it was the first strong pronouncement of the principle of judicial review.4.Why did chief justice marshell think the court had the power to review the constitutionality of legislation?People created the constitution to be fundamental supreme.part of the constitutional scheme is the federal government is a government of limited power.The branches exercise the authority people delegated to them in the constitution.Any act contrary to the constitution or beyond the power is void.the court apply the rule to particular cases,must of necessity expound and interpret that rule.To decide which rule to govern the case is of the essence of judicial duty.the constitution is law,court interpret law,then the court interpret the constitution.5.What is the supremacy clause?what will be the result if the court decides that a law is unconstitutional?(1)The federal judicial power included all cases involving constitutional interpretation.The federal judiciary is supreme in the exposition of the law of constitution.(2)Is void and have no binding effects6.What does judicial review means?Why it’s very important constitutional principle in us?Judicial review is established by Supreme Court in the case of Marbury v.Madison. The power of the court to examine legislation and other acts of Congress and to decide their constitutionality.The doctrine of judicial review also embrace the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court.Because a series of Court decisions has affected a change in the way many constitutional clauses are interpreted,without amendment to the actual text of the Constitution.The court system ultimately decides whether or not they are allowable under the Constitution.8.What does checks and balances mean?How do you comment on this principle? Checks and balances is an intricate set to checks and balances the Constitution builds into the system of government.By preventing any one of the three branches from acquiring dominance over the others,these structural and procedural safeguards have preserved a fundamental,albeit not always neat,separation of powers. Comments:Although developed over two centuries ago,checks and balances continue to perform this essential function despite the dramatic societal,technological, economic,and political changes in the United States over the past two centuries.The Framers made the conscious decision of choosing constitutional generality over the overly specific civil codes of the European nations.By so doing,they wisely built in a flexibility to accommodate change to that a living instrument of government could be passed down to succeeding generations.Unit4text a1.list some of the typical forms of punishment what are the differences between civil law and criminal law?(1)Death,imprisonment,fine,removal from public office or disqualification from holding public office,probation,and restitution.(2)A private matter between the parties,a wrong against the society;can drop charge; must be prosecuted by the state;consequences and remedy;subject to prosecute the case.light circumstances and severe circumstances(3)In many cases,a person’s behavior may bring about both criminal and tort liability.2.How are civil damages categorized?When do they apply?General special and punitive.general damages compensate for any specific and demonstrable harm.Special damages involve compensation for conscious pain and suffering.Punitive damages awarded at the discretion of the jury or as required by statue,if it is found that the behavior of the actor was the was the result of an intentional disregard for the well-being of others.3.How do you distinguish between substantive laws from procedural law?Substantive law defines and regulates people's rights,duties,powers and liabilities; the actual rules and principles administered by the court including legislation and common law principles.Procedural laws are body of rules prescribing the manner,form,and order in which matters are dealt with and enforced.Procedure describes the process in which the case should proceed.Substantive law informs society as to what behavior is acceptable or unacceptable, whereas procedural laws direct the state as to the proper methods for apprehension and adjudication.A particular substances law must first be violated before the application of procedure law.4.What kind of legal rights that police must advice the suspect of before any interrogation in us?What’s the significant of the case of Miranda Arizona?(1)The interrogator must advise the suspect of a varieties of legal rights he has and without which an individual can not be lawfully arrested unless the police have probable cause to believe a crime has been or is being committed.Legal rights includes:A.he has a right to retain silent;B.anything he says may be used against him;C.he has a right to a lawyer;D.if he cannot afford a lawyer one will be provided free.It became known as the doctrine of Miranda Warnings later.（miranda warning）(2)Through the case of Miranda v.Arizona,which became a binding precedent,the Miranda Warnings were established.Then an individual cannot be lawfully arrested unless the police have probable cause to believe a crime has been or is being commited:That is,a paticular substantive law must be violated before the state will begin its investigation.5.how are crimes classified?Based on the seriousness of the crime and the subsequent punishment and the place of confinement of the convicted defendant,crime is classified into felony,misdemeanors and infractions.Infractions may never receive jail sentence as punishment,typically, involving violation of the motor vehicle code.6.what is the difference between felonies and misdemeanors?The grounds for distinction often vary from state to state.In some jurisdictions, imprisonment for any period of time only if a felony has been committed.Some state statues simply designate some crimes as felony and other as misdemeanors.(1)The length or place of punishment.more than six months in prison is considered to be a felony(some jurisdiction more than one year.)but,do not be confused,if the judge sentenced to the greatest maximum term imposed by law,even five month,it isa felony.(2)In presence rule.Can not arrest an individual for a misdemeanor unless the misdemeanor is committed in the officer’s presence.For a felony,the officer must arrest the individual if he reasonable believes the crime was committed by that person.(3)A jury trial is not granted to misdemeanor.7.what are the differences between motive and intent?p64(1)(2)the state is not required to prove defendant’s motive,but the proof can help convince the jury that the accused as guilty.fail to establish the motive(the why part) will not lead to acquittal while fall to establish an unlawful intent must result in acquittal.(3)The motives may serve as a justifiable reason for the defendant.(4)Good motive does not necessarily absolve the responsibility.Eg.The killing of a baby by her mother8.Explain the elements establishing criminal liabilityThese elements include mens rea,actus reus and causation.Mens rea,the'fault element'of a crime,attempts to ensure that only those who are morally culpable will be punished by the criminal courts.The actus reus element relates to the“doing”part of the crime.If a person does not have a legal duty to act and in fact does not act,then the person cannot be held legally accountable for the unlawful acts of others.Causation is considered to be the logical coming together of the mens rea and actus reus,resulting in a criminal wrong.9.explain the significance of mens rea,actus reus and causationThe elements of crime;only the three factors are all satisfied,there is a crime, otherwise,it is not.Only by analyses the three factors,can we draw a conclusion of whether a crime was committed or not.Among which,causation is difficult to identify, reeds to consider the intervening factors.eg.Unite6text b1.What should a lawyer do before filing a complaint to the court?First task-ascertain the facts,whether can be proved in court(not easy,because,the。
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。
法律英语口语：公司法Company law
法律英语口语：公司法Company law 十一、公司法Company law1.A company director owes a fiduciary duty to the company.2.A company is regarded by the law as a person：an artificial person.3.An enterprise as a legal person shall conductoperations within the range approved and registered.4.He is director appointed under the articles of the company.5.Prior to application for registration,the share capital must be stipulated in the Articles and all shares must be subscribed.6.The chairman was personally liable for the company's debts.7.The company has complied with the court order.8.The company has fulfilled all the terms of the agreement.9.The company intends to sue for damages.10.The company is controlled by the majority shareholder.11.The company is presumed to be still solvent.12.The company is resisting the takeover bid.13.The company's action was completely legal.14.The domicile of a legal person or other organization is at the place of its principal business establishment.15.The legal adviser recommended applying for an injunction against the directors of the company.16.The major methods used to reconstitute the company are acquisition of companies and merging.17.The profits and losses of the equity joint venture shall be shared by the parties in proportion to their contributions of the registered capital.18.The resolution was invalid because the shareholder's meeting was not quorate.19.The right to vote at shareholder's meetings for the election of directors shall be observed.20.The two companies have merged.公司董事应对公司负责受托人责任。
法律口译期末考试题及答案
法律口译期末考试题及答案一、选择题（每题2分，共20分）1. 法律口译中，以下哪个词的翻译最需要谨慎处理？A. 权利B. 义务C. 责任D. 以上都是2. 口译员在翻译法律文件时，应遵循以下哪项原则？A. 逐字翻译B. 意译C. 直译D. 同声传译3. 在法律口译中，"due process"最恰当的翻译是什么？A. 适当程序B. 法定程序C. 正当程序D. 程序公正4. 法律口译员在翻译合同时，最应避免的是什么？A. 遗漏关键条款B. 增加额外内容C. 改变合同原意D. 以上都是5. 以下哪个术语在法律口译中通常不涉及？A. 证人B. 原告C. 被告D. 会计答案：1. D2. C3. C4. D5. D二、填空题（每空2分，共20分）6. 在法律口译中，"plaintiff"通常翻译为________。
7. "Statute of limitations"在法律上指的是________。
8. "Affidavit"是指________。
9. 法律口译员在翻译时，应保持________，确保信息的准确传达。
10. 在法庭口译中，口译员应避免________，以免影响法庭的公正性。
答案：6. 原告7. 时效法规8. 宣誓书9. 中立性10. 表达个人观点三、简答题（每题10分，共30分）11. 简述法律口译员在法庭口译中的职责。
12. 解释“法律术语的准确性”在口译中的重要性。
13. 描述法律口译员在处理跨文化差异时应注意的事项。
答案：11. 法律口译员在法庭口译中的职责包括准确无误地传达法庭上各方的发言，保持中立，不得添加或遗漏信息，确保法庭程序的顺利进行。
12. “法律术语的准确性”在口译中至关重要，因为法律术语通常具有特定的含义和法律效力，错误的翻译可能导致法律误解，影响案件的判决。
13. 法律口译员在处理跨文化差异时应注意尊重各方的文化背景，避免文化偏见，正确理解不同文化中的法律概念，并准确传达给法庭。
中国政法大学 法律英语口语试题及答案
1. To discuss the differences between the civil law system and the common law s y s t e m.(P4)There are many differences between civil law system and 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.起源地不同，民法起源于古罗马，普通法起源于英格兰Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system.普通法的主要传统渊源是案例法，民法的主要传统渊源是成文法。
因此民法国家用许多成文法典取代普通法国家的不成文法Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.民法法系更多关注实体法，普通法更关注程序规则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.法的分类不同，民法法系分为公法和私法，普通法法系分为普通法和衡平法Ⅴ The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases.法官和学者的作用不同，因为理论和学说在民法法系中的重要性，学者在教授学生法律时十分重要。
人大法学考研复试：英语口语面试题
人大法学考研复试：英语口语面试题一、自我介绍(self-introd uce)1、回答样式一：May I introd uce myself fi rst? So we can get an good relati onshi p amongus. Thankyou very much.So good aftern oon, my respect ful teache rs, it’s my great honor to be here for this interv i ew. Firstl et me introd uce myself—My name is······. I’m a senior studen t and have graduated from school of law, ······university. During my four years’campus life, I am hard-worki n g and have won schola rship s severa l times.English i s the favori te of mine beside s my major .Though the weak basicskills I had when I just went throug h the colleg e gate had been improved much throug h my painst aking effort s, I have a long way to run because I can not use it freely .Beside s, I pass CET Band 4 when I was a freshman，and then CET Band 6 when I was a sophom ore, meanwhile I got an admissi on qualifi cati on of SET of Band 6 at last.When it comesto my free time, I indeed have a lot of hobbie s , for exampl e: 1) Pop music(I like it very much because it can encourage me, comfort me and someti mes relaxme); 2) Readin g novels, I prefer to read novels which can convey the true meanin g of life to me , for exampl e, 《Live》by Y uhua; 3) Swimmi ng. Backst roke[仰泳]and crawl [自由泳] are the common ways I use. When I am in water, the wholebody of mine will feel very comfortable; 4) Kong-fu is my favori te, though I’m only a new-comer. I respect BruceLee very much because he was a patrio t [’peitri et 爱国者] and brokethough the limithe couldstand. Though died many yearsago , he will be a true idol [’aidl 偶像] of mine for ever .My hometo wn is a beauti ful and quiet placenear······. If you have a chance to go there, you wouldbe deeply attracted by its perfect combin ation of city and country ,because you can enjoymodern city life there,and more import antly ,you can live a happyand desira ble country life there—Pure blue sky ,lovely white clouds and vast greengrassl ands.When it comesto my colleg e, I’ll say “I love her ”, from the bottom of my heart. Throug h four years’school life , I learne d a lot from her , not only knowle dge ,but also how to be a real person. I appreci ateher very much , no matter whereI go , no matter how I get along, she’ll be my old school[母校] foreve r .That’s all, thankyou. Wish you a happyday.2、回答样式二：Good mornin g. I am glad to be here for this interv i ew. Firstl et me introd uce myself. My name is······, 24. I come from ······, the capita l of······Provin ce. I gradua ted from the ······depart ment o f······Universityi n July,2001.In the past two years I have been prepareingfor the postgraduat e examin ation whileI have been teachi ng ······in NO.······middle School and I was a head-teache r of a classi n junior gradet wo. Now allmy hard work has got a result sinceI have a chance to be interv i ew by you.I am open-minded, quicki n though t and very fond of history. In my sparetime, I have broadintere sts like many otheryounge rs. I like readin g books, especi allythoseabout······. Frequ e ntlyI exchan ge with other people by making commen ts in the forumon line. In additi on, during my colleg e years, I was once a Net-bar techni c ian. So, I have a comparative good comman d of network applic ation. I am able to operat e the comput er well. I am skillful in searchi ng for information in Intern et. I am a football fan for years. Italia n team is my favori te. Anyway, I feel greatpity for our country’s team.I always believ e that one will easily lag behind unless he keepson learni ng .Of course, i f I am given a chance to study······in this famous University, I will spareno effort to master a good comman d of advance······.备注：自我介绍时，首先简要将自己的姓名、本科所在学校介绍一下，然后要简介陈述自己在本科所在学校的表现（如：得到的荣誉、获得的奖项等，也可谈学习的状况），接着谈自己的爱好（切忌不要谈自己不擅长的，否则到最后真容易弄得“理屈词穷”了），最后要简要谈一下自己的母校（切忌不要在言语间流露出不满和反感情绪，这是大忌）。
英法口语考试题及答案
英法口语考试题及答案一、听力理解（共20分）1. 听录音，选择正确答案。
（1）What time does the train leave?A. 7:00B. 8:00C. 9:00D. 10:00答案：B（2）Where did they go last weekend?A. The cinemaB. The parkC. The beachD. The museum答案：C2. 听录音，回答问题。
（1）How many people are there in the conversation?A. OneB. TwoC. ThreeD. Four答案：B（2）What is the weather like today?A. SunnyB. RainyC. CloudyD. Snowy答案：A二、口语表达（共30分）1. 根据以下情景，用英语或法语回答。
（1）你的朋友邀请你去看电影，你如何回答？答案：Thank you for the invitation, I'd love to go to the cinema with you.（2）你正在一家餐厅，服务员问你想要点什么，你如何回答？答案：Je voudrais un café, s'il vous plaît.2. 描述你最喜欢的季节，并解释原因。
答案：My favorite season is autumn. It's a season of harvest and the weather is neither too hot nor too cold.三、阅读理解（共20分）1. 阅读以下短文，选择正确答案。
（1）What is the main idea of the passage?A. The importance of readingB. The benefits of exerciseC. The advantages of travelD. The joy of learning答案：D（2）Which activity does the author like the most?A. ReadingB. SwimmingC. TravelingD. Cooking答案：A2. 阅读以下短文，回答问题。
法律英语口语：Police警察
法律英语口语：Police警察1.After six hours’ questioning by the police the accused man confessed.2.At this point the police interfered.3.He is wanted by the police.4.The chief Constable applied for an order of mandamusdirecting the justices to rehear the case.5.The confession was extracted under torture by the police.6.The police are close to solving the crime.7.The police were accused of tampering with the evidence.8.The post mortem was carried out or was conducted by the police pathologist.9.The thief surrendered himself to the police.10.When he offered to give information to the police，he was granted immunity from prosecution.警察通过警方六个小时的审咨询，被告供认了犯罪。
如今警方介入进来。
他是被除警方通缉者。
警察局申请获得履行职务令，以命令法官重新审理该案。
供认是警方严刑逼供得到的。
警方马上破案。
警察被指控篡改证词。
由警察病理学家进展验尸。
小偷向警方自首。
当他主动给警察提供信息时，他被免于起诉。
法律英语口语考试题
法律英语口语考试题1) Please discuss the differences between the civil law system and the common law system.2) Please discuss the main features of the American court system.3) Please discuss the significance of jurisdiction.4) Please discuss the main characteristics of case law.5) Please explain a part of the Constitution that impresses you the most.6) Please discuss the significance of the case Marbury vs. Madison.7) Please discuss the main differences between substantive law and procedural law.8) Do you think the death penalty should be abolished?9) Please discuss the Miranda warning.10) Please discuss the function of voir dire.11) On what do you think it is proper for the appellate courts to focus?12) Please discuss the difference between torts and crimes.13) Please discuss the process of the creation of case law.14) Please discuss the difference between the binding precedents and persuasive precedents?15) Do you think it is reasonable to have a dual court system in America?16) Please discuss the different roles of judges and attorneys in court?17) Is it reasonable to choose common people as jurors?18) Please discuss the meaning of the right of judicial review of the court?19) Please discuss the difference between motive and intent?20) Please discuss the difference between information, complaint and indictment.21) Please discuss the difference between verdict, judgment and sentencing.22) Please explain the difference between preponderant evidence and proof beyond a reasonable doubt.23) Please discuss the main characteristics of adversary system.24) Please discuss a lawyer’s work before actually filing a complaint.25) What is trespass? What is the basis for such tort? How to prove it?26) How to prove the existence of false imprisonment?27) How to prove the existence of negligence?28) What is a contract? What are the sources of contract law in America?29) How do you define consideration? Why is it so important to the American contract law?30) What does the Statute of Frauds provide?31) What are the most fundamental requirements of enforceable contracts?32) Discuss the major steps for forming a corporation.33) What is the capital structure of the corporations?34) Why do large corporations choose to be incorporated in the State of Delaware?35) Please describe the internal affairs doctrine.。
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法律英语口语试题及答案整理为什么理应废除死刑有这样几个理由：死刑是一个有缺；9.Todiscusstheimportance；Mirandawarningisawarning；Mirandawarningguranteest；Mirandawarningalsomeanst；thiswarningrestrainsthep；米兰达警告：在刑事犯罪嫌疑人被询问之前，警察将其；米兰达警告为什么理应废除死刑有这样几个理由：死刑是一个有缺陷的机制。
证据表明，刑事司法系统（CJS）充斥着错误、贪官污吏和有缺陷的做法，但这个系统是仍然被授权作为执行死刑的机构。
事实上，很多死囚被宣布无罪，仅在2003年就包括12例，这警示我们该系统需要大修。
从道德的角度来说：在很多情况下，关于死刑的道德争论集中在―以眼还眼‖，或―以命抵命‖的经营理念。
这个论点主张死刑的道义上的公正地惩罚死罪。
不过，真正的道德问题应该是是否有人有资格说应由谁生谁死。
以另一个人的生命通过一种犯罪行为，或者通过死刑是错误的。
在绝大部分情况下，已被判处死刑的罪犯被保留了生命。
不过，具有讽刺意味的是，一个理应重视人的生命社会，却剥夺一个杀人犯的生命，而这个刑事司法系统有可能对无辜的人执行死刑？就费用来说：死囚监狱需要比囚犯监狱最为更昂贵的安全设施。
这种说法是真实的。
预审和审判死刑案件的成本远远大于非死刑案件。
此外，死刑案件的上诉和再审的成本是天文数字。
省下来的钱应该花在预防犯罪方案和教育，重塑，回到发展经济，而不是花费数十亿美元在全国范围内谴责罪犯死刑，判处终身监禁的囚犯。
9. To discuss the importance of Miranda warning (P62)Miranda 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 abouttheir constitutional rights. It includes the right toremain silent; being clearly informed of that anything the personsays 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 attorneywill be provided at no cost to represent her or him.Miranda warning gurantees the constitutional rightscitizens have during the criminal investigating process.Those rights are mainly from the fifth and sixth amendments.Miranda warning also means the confession made by the suspects cannot be used as the evidence in court to make a sentence. Therefore,this warning restrains the police from using illegal methods through undue process to investigate the crime and to get confession from suspects.米兰达警告：在刑事犯罪嫌疑人被询问之前，警察将其羁押时应该告诉他们的宪法权利。
内容包括：有权保持沉默；但其说的每一句话都将作为呈堂证供；有权咨询律师，包括在其被询问的过程中律师也能够在场。
如果嫌疑人没有钱请律师，也会为他免费请代理律师。
米兰达警告保证了公民在刑事犯罪调查过程中的宪法权利，主要是宪法修正案五和修正案六中的权利。
米兰达警告同时也意味着嫌疑人的供述不能作为法庭审判的依据。
所以，米兰达警告限制了警察用非法的诉讼程序去调查犯罪以及从嫌疑人出得到供述。
10. To discuss the function of voir dire （P89）The voir dire is the process used to select a jury.The prospective jurors are questioned about their backgrounds and potential biases before being chosen to siton a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by one or two methods：preemptory challenge and the challenge for cause. Jurors are excluded who1) 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 otherwise considered to be incapable of remaining impartial until the case is presented.There are no limits to the number challenges for cause that either side may employ.Actually one of the unspoken purposes of the voir direfor the attorneys to get a feel for the personalities and likely views of the people on the jury panel.陪审团资格审查程序是用来选择一个合格的陪审团。
在被选择成为一个真正的陪审团成员之前，准陪审员们被询问关于他们的背景和潜在的偏见的问题。
陪审团资格审查程序的功能是选择一个能够被双方当事人接受的陪审团。
排除不符合条件的准陪审员是通过一个或者两个办法，即无因回避和有因回避。
被排除的陪审员是以下几种人：（1）已经形成一个关于控告是否有罪或者无罪的观点的人（2）和本案中任何一方当事人相关系或者法律问题参与者相关系的（3）以前在生理上和精神上受到过伤害的人，从某种水准上来说，这种伤害会干预到他们的决策过程（4从其他方面来说，是那些被认为不能保持公正直到案件被呈报的人。
这里没有限制对于任何一方可能被雇佣的有因回避的数量。
事实上，陪审团资格审查程序不言而喻的目的之一是对于律师来说能够得到一种对于他们的人格和可能的观点被采纳而且出现在陪审团成员的名单中的满足感。
11. on what do you think it is proper for the appellate courts to focus? (p19)(你认为上诉法院应该如何合理行使权力?)The exercise of appellate jurisdiction is to review the action of the lower judicial tribunals of the state. Actually,the scope of judicial review which the court exercises in such cases is relatively narrow;it does notretry 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 or not the lower court committed error on its procedure or in applying the substantive law to the facts of the case.(行使上诉管辖权的法院职责即接收下级州司法审判机关的上诉。
事实上，这些法院在上诉案件上的司法审查权限是相对狭窄的。
它不对上诉案件的事实曲直实行重审，也并不完全*一审法院做出的审判意见；它要所的是检查一审法院的审判记录来判定是否下级法院有在程序和具体案件事实的法律适用上存有错误。
)In my view,it is proper to restrict the functions of appellate court in the law applying and procedureaspects,instead of consuming another period of time to retry the case,which leads to a waste of judicial resources and failure to give its full attention to the novel and socially important controversies.This funtion may also better protect the appellate review right of each individual involved in the case.(在我看来，应该限制上诉法院在法律适用和程序等方面的权限，而非耗费时间实行重新审理，这样会导致司法资源的浪费而忽视新的真正重要的社会矛盾。