法律英语考试LEC考试美国法基础知识
LEC考试卷一复习方法
本人报考了12月份的LEC考试，复习已经有三个月之久了，刚拿到教材时还真是不知从何学起，尤其是卷一的美国部门法。
后来在学习的过程中慢慢的摸索到了一些学习方法，跟备考的朋友们分享一下吧，也期待大家发表意见。
一、教材第一部分教材第一章是法律英语基础，包括法律英语发展史、法律英语特点、法律英语术语和规则、法律文件引注等内容。
第一卷中常用的法律术语解释问题占有较大分值，这部分试题的形式类似于英译英，即给出一个常用法律术语，选项中有一项是对该术语的正确理解。
考生需对美国各部分法的常用词汇有正确的理解，包括一些常用的拉丁文。
二、教材第二部分第二章美国法律体系，包括法院体系、陪审团制度、对抗制度、上诉法院、上诉法官，法院判决和判例摘要等联邦政府（哥伦比亚特区）和每一个州都有自己的法院系统。
主要的联邦法院由三个不同级别的法院组成：区域法院、上诉法院和美国最高法院。
它们也被称为宪法第三款法院，因为它们是依据美国宪法的第三条所创建。
除这些普遍管辖的法院之外，一些特别的联邦法院也存在，比如破产法院和税务法院。
除了特殊的联邦法院以外，区域法院是联邦系统的审判法院。
当事人首先把他们的争议提交到区域法院并且提供证人和提交证据。
在很多案件中，当事人可以要求陪审团进行审判。
大多数案件是由区域法院的法官独任审判，尽管有一些类型的案件是由三个法官组成的合议庭审判。
如果当事人对于区域法院的判决不服，他们可以就这个判决上诉到联邦上诉法院。
在全国一共有十三个。
此外，联邦上诉法院，也听取来自一些特殊法院的上诉，例如国际贸易法院、或者是来自联邦特区法院的一些专门问题，比如专利法问题。
上诉法院并不进行新的审判，它通过先前区域法院呈堂的证据来进行判决。
由原告和被告要提交书面摘要给法院来解释为什么要支持或者推翻区域法院的判决。
上诉法院通常允许当事人双方在法庭面前进行口头辩论。
上诉法院主要是通过三位法官组成的合议庭作出的。
重要的案件要通过巡回法院的全体法官听审并且作出合议。
LEC法律英语复习方法
LEC法律英语复习方法LEC 法律英语复习方法1、如何阅读推荐教材？请考生首先通过阅读《法律英语证书LEC考试大纲》了解考试内容、题型及难度。
考试大纲附录一的样卷能够帮助考生测试自己的法律英语水平，考生可以根据测试结果，制定合理的复习计划。
《法律英语综合教程》针对LEC考试第一卷的内容，帮助大家系统地学习美国法的基本知识，考生需反复细心研读。
在阅读《法律英语写作》一书时，请考生重点掌握律师信函、法律备忘录和案件辩论书的写作格式。
这三本书是备考LEC的重点。
法律翻译能力和案例阅读能力是一个长期积累的过程，考生可以通过多做练习来提高。
我们建议考生多做一些标准法律文本的翻译练习，以及多阅读一些英文案例的原文。
在做翻译和阅读练习的同时，加强法律专业词汇的积累。
专业词汇的积累反之能够促进法律翻译和案例阅读水平的提高。
以上是我们在对考生答题情况进行分析总结的基础上，为考生如何阅读教材提供的一些建议，也希望考生能够通过不断学习总结出适合自己的法律英语学习方法。
2、如何安排复习时间？复习时间的长短因考生的法律英语基础不同而不同。
法律英语区别于普通英语，具有较强的专业性。
考生需多长时间备考取决于考生的专业背景。
我们认为具有法律专业背景、英语水平较好的考生，更容易通过考试。
3、是否需要参加培训课程？考生可以通过阅读教材，自己复习。
也可以有选择的参加法律英语培训课程，以提高复习效率。
LEC统考委应广大考生的要求，在网站上设立了培训信息一栏，供考生参考。
若您选择参加考前培训，我们建议您在选择培训机构及培训课程时可以考虑如下因素：1、课程的设置是否紧扣LEC考试大纲？2、课时安排是否科学合理？3、师资状况。
4、关注考试日程表了解考试时间安排将帮助您以良好的心态参加考试，我们建议您随时关注LEC考试官方网站，并经常浏览您在报名时留下的邮箱，以了解LEC最新考试动态，做好充分准备。
法律英语证书(LEC)全国统一考试样题(含试卷一&试卷二)
法律英语证书（LEC）全国统一考试样题试卷一本题为单项选择题，限时180分钟。
1. Bill of Rightsa. Domestic federal legislation.b. Legal protection against interference of rights by private individuals.c. A popular name given to the first ten amendments to the U.S. Constitution.d. The federal constitutional provision which grants rights to state governments.2. Standinga. Abbreviation of “notwithstanding”b. The ability to bring a lawsuit because of a party’s actual injury for which the court can provide a remedy.c. The ripeness of a case or controversy.d. The status of a person, group, or organization appearing as a “friend of the court.”3. Considerationa. Process of judicial deliberation before rendering a decision in a contested case.b. The lengthy recitals of “boilerplate”language appearing in many contracts.c. The inducement to enter a contract, and a necessary element to prove the validity of a contract.d. The detrimental reliance of an offeree.4. Promissory Estoppela. A failure to prosecute a civil or criminal action.b. Power to make an offer to the public rather than a specific individual.c. Equitable doctrine recognized as substitute for consideration in some cases.d. Ability of an agent to bind a principal in matters beyond the scope pf agency.5. Punitive Damagesa. Damages to compensate for injury .b. Civil damages meant to punish the wrongdoer for causing injury.c. “Nominal”or minimal damages.d. Non-monetary damages, such as an injunction (injunctive relief) or”specific injunction (injunctive relief) or “specific performance”of a contract obligation.6. When airplanes fly over your home, are your property rights violated?a. No, never.b. Normally, no, unless the flights are low and frequent.c. Yes, because you own all the air above your home, into outer space.d. Normally, no, based on your right to quiet use and enjoyment of the property.7. Venuea. The street or avenue where a courthouse can often be found.b. Diversity of citizenship.c. The dates of a trial.d. The location of a trial.8. Depositiona. A tool of discovery used before trial.b. Statements made by a witness on the witness stand during trial (also known as “trial testimony”).c. The position a defendant is placed in while waiting for a trial.d. The court’s resolution of a case.9. Generally speaking, a limited partnership may be dissolved by which of the following events or occurrences?a. By the filing of a certificate of limited partnership.b. By a relocation of the partnership.c. By the marriage of a limited partner.d. By the bankruptcy of a general partner.10. A corporation is a legal entity:a. created by the local government.b. created and recognized by an entrepreneurial agency.c. managed internally by the federal government.d. created and recognized by state law in most cases.11. Jurisdictiona. A geographic area, used primarily for determining eligibility to vote.b. The presence of a defendant in a state where he or she can be served with a summons or a subpoena.c. The power of the executive branch to enforce the judgments of the courts.d. The power and authority of a court or other body to render judgment in a case.12.Paralegala. A secondary source of law.b. A lawyer’s assistant.c. One who holds an advanced law degree.d. A law student.13. Kirby Construction Co. in preparing its bid for the construction a new hospital received a quotation of $120,000 from Kat’s Interiors Inc．who offered to do the kitchen work in the new hospital．This bid was $30，000 lower than Kirby’s next lowest bid for the kitchen work．As a result，Kirby lowered his bid by $20，000 before submitting it to the hospital board．After Kirby was awarded the construction bid，and had accepted Kat's offer, Kat’s president discovered that in hispreparation of the quotation he had overlooked some subsidiary kitchen installments required by the plans．Immediately thereafter, Kat’s Interiors brings suit for rescission of the contract．They should(A)succeed，because of the unilateral mistake(B)not succeed，unless Kirby knew or should have known of Kat's error(C)succeed，because the mistake was an essential element of the bargain(D)not succeed，since the computation mistake was antecedent to acceptance of the bid14. In disputes over whether a partnership exists, which of the following is NOT considered to be an essential element?(A) An equal right in the management of the business.(B) The sharing of profits or losses.(C) The consultation on business strategy.(D) Joint ownership in the business.15. This jurisdiction makes suicide a crime. Jilly, a day trader, is despondent over a failed marriage and catastrophic financial losses during the recent 2,000 point drop in the Nasdaq stock exchange. Jilly went up to the roof of her fourth story apartment building and decided to jump off. She landed on top of two pedestrians, Alex and Jean Pietro, who cushioned her fall and saved her life. Unfortunately, Alex and Jean Pietro were seriously injured when Jilly crashed on top of them.Jilly is guilty of(A) battery(B) attempted murder(C) attempted manslaughter(D) reckless endangerment16. The Commonwealth of Delmarva has passed a law that provides that only residents of Delmarva who are citizens of the United States can own agricultural land in the state. Delp, a citizenof the United States who resides in the neighboring state of Agoura, has contracted with Barerra to purchase the latter’s farm which is located in Delmarva. Barrera, who is a resident of Delmarva, has been informed by his attorney that his sales agreement with Delp is null and void under state law.Which of the following is the best constitutional argument to contest the validity of the Delmarva statute?(A) The Contract Clause prohibition against a state from enacting any law that will impair the obligation of contracts.(B) The Privileges and Immunities Clause of the Fourteenth Amendment.(C) The Privileges and Immunities Clause under Article IV, Section 2.(D) The national property power provision under Article IV, Section 3.17. Alice is sitting on her front porch watching her husband Bruce，who is mowing the lawn．Carl，who hates Bruce but is a friend of Alice’s，whose presence is known to him，draws a pistol and threatens to kill Bruce．Alice，who is pregnant，Suffers severe emotional distress as a result of the trauma and soon afterwards has a miscarriage．In an action by Alice against Carl for mental anguish resulting in her miscarriage，Alice will(A)lose，because Carl did not know that Alice was pregnant(B)win，because it is highly probable that Carl’s extreme and outrageous conduct would cause emotional distress to Alice(C)lose，because Carl's actions were directed against Bruce，so only Bruce may recover for emotional distress(D)win，because she is Bruce's wife18. Clyde Cooch, a prominent judge, lived next door to Lester Biggs．Recently Judge Cooch had sentenced Lester Biggs' son, Dopey, to six months in prison on a narcotics charge．One afternoon while judge Cooch was mowing his lawn，Lester decided to avenge his son's conviction．Lester set up his water sprinkler behind some shrubbery separating their adjoining properties．As the judge was mowing his lawn and came within reach of the water sprinkler, Lester turned on the sprinkling device，and doused the judge with water．Judge Cooch would be able to recover against Lester for which of the following tort(s)：(A) negligence(B) battery(C) assault and battery(D) battery and trespass19. Cassie and her four-year-old son，Noah，were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manhattan．F.A.O. Schwartz，which operates one of New York's largest retail toy stores，sells a complete array of toys，games，dolls，hobbies and crafts．The iterns were displayed on a variety of tables and shelves which were easily accessible to the customers．While Cassie was walking down one of the aisles，her attention became focused on a "Howdy Doody”doll that was prominently exhibited on an overhead display shelf．When Cassie approached the doll display, she reached up to grab the "Howdy Doody" doll．As she did so, Cassie failed to see a “Buffalo Bob”doll lying on the floor．She tripped over the doll and fell down, fracturing her hip．If Cassie asserts a claim against F.A.O. Schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy store's liability?(A)Yes，because Cassie was a business invitee on the premises of the toy store．(B)Yes，because F.A.O. Schwarfz was in control of the premises at the time of the accident．(C)No, because the "Buffalo Bob" doll may have been dislodged by another customer．(D)No，unless the “Buffalo Bob”doll had been displayed on the edge of the shelf in a negligent manner by one of F.A.O. Schwartz's employees．20. Amos is the owner in fee simple of Blackacre. a 7-acre tract, on which he maintains a dwelling house for himself and his family．Adjoining Blackacre is Whiteacre，a 10-acre tract，owned by Andy．In order to gain access to the highway, Amos has an easement to cross over Whiteacre．Amos has recently purchased Greenacre，a 12-acre tract，which abuts Whiteacre but is not appurtenant to Blackacre. Amos has begun constructing a farmhouse on Greenacre and is using the existing easement (across Whiteacre) to gain access to the 12-acre tract．Amos has never received permission from Andy to use the road across Whiteacre to gain access to Greenacre．In an appropriate action by Andy to enjoin Amos from using the existing easement to gain access to Greenacre，the plaintiff will most likely(A)succeed，because Amos is making use of the servient tenement beyond the scope and extent of the easement as it was originally created(B)succeed，because Amos has no right to use the servient tenement in connection with a tract of land which is not part of the dominant tenement(C)not succeed，because Amos has an easement by necessity(D)not succeed，because Amos has a right to use the easement in a manner not inconsistent with the rights of the owner of the servient tenement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。
法律英语证书(LEC)考试简介
随着中国入世和对外开放的逐步深入，法律英语的重要性日渐凸现。
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 Englis h Certificate，简称LEC）考试由教育部主管、中国职业技术教育学会主办、法律英语证书全国统一考试委员会具体组织，目的是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。
法律英语证书考试试题由其专家委员会成员共同研究、开发，专家委员会由来自国内外的50名法律英语专家、学者、著名律师组成。
该考试的题型、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。
考试分试卷一和试卷二，各需三个小时完成。
试卷一为多项选择题，包括美国法基本知识和逻辑推理，内容涉及美国宪法、财产法、知识产权法、侵权法、商事组织法、民事程序法、刑法及刑事程序法等，重点考察合同法、商事组织法、侵权法、知识产权法及财产法的知识；试卷二是主观题，包括案件阅读、翻译和法务写作三项，其中法务写作将重点考察office memo, case brief 及律师信函的写作格式及写作内容。
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；高等院校法律专业、英语专业学生以及社会上一切有志于从事涉外法务的人员均可以参加法律英语证书（LEC）考试。
法律英语证书考试属水平考试，满分为200分。
130分以上，且主、客观两卷得分分别不低于60分为及格标准；170分以上，且主、客观两卷得分分别不低于80分为优秀。
该考试证书是从事涉外法律服务工作人员的专业英语水平权威证明；该考试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，目前只设中国政法大学一个考点。
律英语证书全国统一考试试题分析报告
第二次法律英语证书（LEC）全国统一考试试题分析报告第二次法律英语证书(LEC)全国统一考试于2008年12月27日在北京、上海、广州三大城市举行。
该试题分析报告旨在促进法律英语的学习以及LEC试题的研究。
本文首先将本次考题与第一次考题进行对比分析，其后将重点分析卷一，卷二的命题特点以及试题解析。
一、两次试题比较及命题趋势分析与第一次试题相比，本次试卷一的题型及考查内容基本保持不变，仍为100道单项选择题，考查美国部门法基础知识，试题难度略有提高，各部门法所占比例为：宪法16道题，合同19道题，财产法7道题，侵权法13道题，知识产权法4道题，诉讼程序法11道题，证据法13道题，刑法9道题，商法3道题，还有5道逻辑推理。
考试平均成绩为106分，卷一平均成绩为53分，卷一最高分为82分。
第二卷题型稍有变化，第一次考查了法律文书翻译，包括中译英，英译中，以及follow-up letter，memo和brief 三篇法律文书的写作。
在第一题法律翻译中，英译中部分选取了一段字数为300多个单词的欺诈条例。
中译英部分选取了我国合同法第四百二十四条至四百二十七条的居间合同。
所选的这两段翻译材料都具有较强的实用性。
第二题写一封follow-up letter，题目给出双方的邮寄地址及事由——在中国建立合资企业。
要求考生假设作为律所律师，给客户写一封自荐信。
第三题是一个关于解除房屋买卖合同的案例，题目要求考生以律师助理的身份，就此事用英文给高级律师写一封office memo. 本题案例有400多个单词，要求考生具有一定的英文阅读能力。
第四题要求考生写一篇brief. 题目给出State Law的一个条例，并提供四个小案例对这一条例做出解释。
题目阅读量为400个单词，也对考生阅读英文案例的熟练程度提出了较高的要求。
第二次法律英语证书（LEC）考试，卷二的题型稍作调整，法律翻译继续作为考查重点，英译中摘选于美国宪法中关于选举美国总统，副总统的有关规定。
lec考试词汇brief及相关资料
法律英语词汇学习文章来源：本站点击数：11482 更新时间：2009-3-3 9:14:58 1、具有特殊法律含义的常用词在英语语言的发展过程中，词义的演变十分复杂。
总体来说，英语词义是在“共时性变化”和“历时性变化”的交替变化中发展演变的。
法律英语词汇自然而然地从多义的普通英语词汇中分离出来。
有些词语具有特色很强的法律英语词义，明显独立于普通英语，有些词语在普通英语中具有某种含义，而在法律英语中则具有另一种含义，也就是说，有些词语对法律工作者和对普通读者具有截然不同的含义。
下列常用词语是人们所熟知的一些单词或词组，然而在法律语言中他们却具有独特的含义，完全不同于在普通语言中的含义。
例如，单词“action”在法律中的含义是“诉讼”；“damage”是造成的“损坏”而“damages”为“损害赔偿金”；“demise”(死亡）在法律中的含义是“转让，遗赠”，这个词经常出现在出租、赠与这类场合，例如：“demise premises”(遗赠房产)。
“consideration”通常指“考虑”“体贴”，而在法律英语中的含义是“对价”“约因”；“instrument”（器具）在法律中的含义是“法律文件”；“present”一词在法律中的含义是“这个法律文件”，当表示提交一份法律文件时，“presents”通常出现在短语“know all men by these presents”中，“by these Presents”的意思是“通过这份法律文件”。
“provided”一词在法律文件中通常表示加入了限制性的条件，例如，在一个长句的结尾部分使用“provided ,however, that...(但是....)”。
词组“without prejudice”的含义与偏见无关系，它的意思是“使合法权利受到损害”。
法律英语词汇的词义是在英语的发展历史过程中逐步从英语多义词中分离出来的，这类词汇需要一定语境或上下文才能确定词义。
法律英语证书(LEC)全国统一考试评测标准
法律英语证书（LEC）全国统一考试评测标准优秀（80—100）Excellent基础知识Fundamental Knowledge成绩优秀考生的能力表现如下：Test takers who receive scores at the Excellent level，typically 1. 对重要法律英语术语和基本法律概念有很好的掌握。
Have a good command of important legal English terms and basic legal concepts.2. 对美国法律知识有很好的掌握，擅长合同法、商法、知识产权法和民事侵权法案例的分析。
Have a good command of American legal knowledge and excel in analyzing cases on contract law，business law，intellectual property law and torts. 3. 能够确定复杂案例的关键问题，做出合理分析并得出正确结论。
Be able to define key issues of complex cases，analyze accordingly and then make correct conclusions.阅读、翻译和写作Case Reading，Translation and Writing成绩优秀考生的能力表现如下：Test takers who receive scores at the Excellent level，perform well in 1. 阅读Case Reading⑴充分解读案例Complete understanding⑵英语运用恰当、精确Good command of English with appropriate and accurate diction 2. 翻译Translation ⑴译文能真实反映原文，即使在词汇、句法、标点和拼写方面有一两处错误。
浅析LEC 考试逻辑推理题的解答策略（上）
理解：树林中树叶的形状各异，树的种类多种多样，没有一片树叶可以完全
代表整片树林中的树木。具体到例子中，体现为仅依赖某一条件的存在就
认定该事件成立或不成立，没有全面地考虑到其他可能影响事件发展的情
况。例如：某一体育周报通过调查问卷了解到，球星 A 在某一地区知名度很高，
非常受粉丝拥护 。由此得到的结论是：该国公民都知道球星 A。这一推理
思维需要通过语言来展现，而法律英语是法律逻辑思维的重要体现， 法律英语证书（LEC）全国统一考试（下文简称“LEC 考试”）是科学衡量 法律从业人员专业英语水平的权威考核。在 LEC 考试中，除了考查特定的 部门法知识以外，还会以选择题的形式重点考查法律逻辑推理能力，每道 题需用不同推理技巧找到逻辑漏洞并选择适当选项。本文将基于 LEC 考试 大纲以及真题，总结法律逻辑推理题考查的能力，按照不同的推理类型归 纳法律逻辑推理问题的种类，进而结合真题分析解题技巧。
考虑到，喜欢的情绪不一定会传导，即 C 身上可能有 A 不喜欢的特质，不
能因为 B 喜欢 C 就简单认定为 A 也喜欢 C。
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2022·11 英语世界
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最后，高效且准确地完成法律逻辑推理问题，需要特别训练某项专注能
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英语世界 2022·11
116 法律英语
力——专注于题干中特定任务，不能迷失在与任务无关的结论和原因的细节
之中。须弄清题干要求如何应对错误，围绕题干找到应对错误的方法和规律，
野车，看过调查后认为只要将越野车换成小轿车，就可以从本质上降低发
LEC模拟题+解析
LEC法律英语证书考试模拟题+答案解析1.Donald is the plant manager for the local sneaker manufacturing plant of Disneak,Inc.The child labor laws in this jurisdiction provide,“It is a violation of the law for anyone to employ a person under17years of age for full-time labor.”Donald, unaware of the law and believing the Disneak’s policy was to rely on a youthful workforce,hired several16-year-olds to work at the plant full time.He did not ask their ages and they did not disclose them.Had Donald chosen to discover their ages he could have done so by asking for identification.If the statute is interpreted to create strict liability,Donald is most likely:A.Not guilty,because Disneak,not Donald,is the employer of the children.B.Guilty,because he should have inquired as to the ages of the children.C.Not guilty,because he believed he was following company policy and was unaware of the law.D.Guilty,because he hired the children.2.UnconscionabilityA.Contract negotiations usually made when a person is drunk or unconscious.B.Doctrine that allows courts to protect the weaker party in a contract.C.Unjust enrichment.D.A confession of judgment,such as the admission of debt by debtor.3.Smith owns a house,and agrees to lease it to Jones.The lease states that it willcommence on July4,2004,but provides no termination date.Rent reserved is $1,000per month.How can the tenant or the landlord terminate the lease?A.Either party can terminate by giving the other party one-month’s notice.B.Either party can terminate at the end of the one-year lease term.C.The tenant may terminate the lease at any time.D.The landlord may terminate the lease at any time.4.In which of the following cases is specific performance most likely to beavailable?A.For the sale of land.B.For construction of a large shopping mall.C.For the painting of a portrait.D.For the sale of goods.5.Which of the following provisions of the Bill of Rights have been incorporated?I.The Free Speech Clause II.The Cruel and Unusual Punishment Clause III.The Excessive Fines Clause IV.The Takings ClauseA.I,II,III and IV.B.I and II only.C.I,II and IV only.D.II only.6.The reason behind a decision is called the_______.A.res ipsa loquiturB.obiter dictaC.de factoD.ratio decidendi7.Unilateral ContractA.A contract for the sale of only a single item or service.B.An unenforceable contract.C.A contract where there is no"meeting of the minds".D.A contract which one party promises to do or refrain from doingsomething in return for actual performance by the other party.8.Which of the following is the correct answer for the excuses for nonperformanceunder a contract?A.impossibilitymercial impracticabilityC.frustrationD.all of the above9.Leslie,Kelly,and Blair wanted to form a business.Which of the followingbusiness entities does not require the filing of organization document with the state?A.Limited partnership.B.Joint venture.C.Limited liability company.D.Subchapter S corporation.A Subchapter S corporation is a corporation,which meets the requirements for and has made a proper election to be taxed under Subchapter S of the Internal Revenue Code.10.Smith leases Tanacre to Jones.The ten-year lease has the following expressprovision:“the premises must be used for residential purposes as an apartment building”.By year eight,the entire surrounding neighborhood has become commercial,and Jones is unable to find residential tenants.Jones asks Smith if he convert the building into a hotel.Smith refuses,and threatens to terminate the lease,and sue for the rent for the remaining term.What would be Jones’s best argument in defense?A.Impossibility of performance.mercial frustration.C.Breach of the implied warranty of suitability.D.Breach of the implied warranty of habitability.11.Smith,an amateur photographer who occasionally sells his travel photos to friendswho frame them,recently returned from an“Around the World in80days Cruise”.He immediately went to his local camera store to get his dozen roles of film developed,and printed.The clerk gave him a receipt for the film.A week later, Smith returned to the camera store,but the clerk was unable to find prints,the negatives or the exposed film.What legal relationship was created between Smith and camera store?A.Trust.B.Bailment.C.Gift.D.Conversion.12.At common law,what interest was created when Smith conveyed Tanacre to Jonesin the following manner:“to Jones forever”?A.A fee simple absolute.(to Jones and his heirs)B.A fee simple determinable.(use limitation)C.A life estate.D.A fee tail.(limitation to Jones and the heirs of her body)13.Due ProcessA.Procedures established only under the Administrative Procedure Act.B.The rights of non-citizens before immigration officers.C.The legal requirement that the state must respect all of the legal rights that are owed to a person.D.The principle that all persons are equal before the law.14.Banks conveys Tanacre as follows:“to Smith for life,then to his daughter Amyfor life,then to her children and their heirs”.Smith dies.What impact does that have on the state of the title?A.Amy’s life estate vests.B.Amy’s life estate becomes a present possessory interest.C.Amy takes Tanacre in fee simple absolute.D.None of the above.15.Plea BargainA.A meeting of the criminal minds.e of federal sentencing guidelines.C.A reduced court filing fee for filing pleadings.D.A defendant's agreement to plead guilty in exchange for a reduced charge or other special treatment.16.Smith conveys Tanacre“to Amy and her brother Boris with right of survivorship”.What estate is created?A.A joint tenancy.B.A tenancy by the entirety.C.A tenancy in common.D.Concurrent life estates,with reversion to Smith at the death of the first to die.17.What duty of care is owed to undiscovered trespassers?A.(Very high standard of care)Liable for slight negligence-If plaintiff is apassenger or guest.B.None-they can never recover on negligence claim againstlandowner/possessor.C.Reasonable cost of repair,or if property nearly destroyed the FMV(fairmarket value)at time of accident.D.At common law,completely barred plaintiff’s right to recovery,unless lastclear chance applies.18.Suppose after renting and living in the apartment for eight months,the airconditioner no longer functions.Room temperature hovers around90degrees.Tenants inform the landlord Smith Enterprises,but they fail to repair.Which of the following would Tenants have to prove to prevail?A.That the failure to fix the air conditioning was an obligation under the lease.B.That the lack of air conditioning rendered the premises unfit for human habitation.C.That Jones moved out in a reasonable time.D.All of the above19.Promissory EstoppelA.A failure to prosecute a civil or criminal action.B.Power to make an offer to the public in general rather than a specific individual.C.Equitable doctrine recognized as a substitute for consideration in some cases.D.Ability of an agent to bind a principal in matters beyond the scope of agency.20.All of the following statements are true regarding a partnership except__________.A.each partner's liability is limited to the amount he or she contributed to the partnership.B.partners pay personal income tax on their share of the partnership's income.C.if the partnership agreement does not specify otherwise,profits will be shared equally by the partners.D.a new partnership agreement is required whenever a new partner enters or leaves the partnership.21.Seller publishes a catalog listing prices for various office supplies.Buyer mails anorder for100boxes of paper clips at the catalog price.Seller ships the clips upon receiving the order.Ten days later,Seller sends an invoice to the Buyer,billing the Buyer according to the terms in the catalog.Which of the following is true?A.The catalog constitutes an offer.B.Buyer’s order was an offer.C.Seller’s shipment was an offer.D.Seller’s shipment was a rejection and counteroffer.22.A physician says to his patient,Gwen,“I guarantee you a100%good hand aftersurgery.”Gwen had suffered from a bad hand for years because of an injury.The physician had talked to Gwen over the course of several months,suggesting the surgery to her because it involved a kind of surgery of particular interest to the physician.Through his negligence,the physician makes the hand even worse after surgery that it was before.He is liableA.In tort.B.On an express contract.C.On an implied contract.D.All of the above.23.Joy and Todd reach an oral agreement about each of the following.Which of themis unenforceable?A.The sale of a new car.B.A lease of an apartment for9months.C.A six-month loan of$1000.D.None of the above.merce clauseA.The constitutional provision giving the U.S.Congress power to legislate over all matters that affect"interstate commerce."B.The recognized power of the U.S.Congress to legislate over matters that occur outside of the United States.C.The power of the President to regulate banks because of national economic and security considerations.D.The power of the President to regulate air traffic because of public safety issues.25.By letter dated February1,a farmer offers to deliver to buyer100tons of grain onApril15,for a price of$250per ton,payment to be made two weeks before delivery.Buyer accepts by letter dated February5.On March1,Seller sends Buyer a fax saying,“Due to labor action by agricultural workers,we may not be able to deliver until April22.”Buyer would be best advised toA.Send a letter to Seller stating that Seller is in breach and Buyer will not pay untilafter delivery.B.Telephone the Seller as soon as possible to notify Seller of possible damages.C.Send Seller a letter asking for an assurance that Seller will perform by the contract date.D.Wait and see what happens on the delivery date.26.ConsiderationA.Process of judicial deliberation before rendering a decision in a contested caseB.Early attention given to contract negotiating strategiesC.Something of value given by one party in return for the promises of the other party to the contractD.Reliance27.Which of the following statements is correct regarding both debt and commonshares of a corporation?mon shares represent an ownership interest in the corporation,but debt holders do not have an ownership interest.mon shareholders and debt holders have an ownership interest in the corporation.mon shares typically have a fixed maturity date,but debt does not.mon shares have a higher priority on liquidation than debt.28.Intentional infliction of emotional distress(IIED)A.A cause of action that allows for recovery after a person is insulted.B.The grief a child will bring upon his parents,C.A tort claim for intentional conduct that results in extreme emotional distress.D.Striking another person intentionally.29.Which of the following statements concerning corporation is NOT corrrect?A.A shareholder is not liable for any corporate obligation personally guaranteed.B.The shareholder’s liability for the corporation’s debts does not extend beyond the amount of their investment.C.Under certain circumstances a shareholder may be personally liable.D.The shareholders have limited liabilities for the corporation’s debt.30.Philip was an epileptic.Philip loved to drive his automobile.Although Philip wastold by several physicians that he was subject to,and would have,epileptic seizures he nevertheless continued to drive his automobile.Two weeks ago Philip left the shopping mall and was on his way home when he suffered an epileptic seizure.His car careened into a hamburger stand and killed six people.Eight others were wounded.Philip may properly be convicted ofA.murderB.felony murderC.voluntary manslaughterD.involuntary manslaughter31.Sandy and Wendy are neighbors in an apartment building.Sandy hates Wendybecause she learns that Wendy,a single woman,is having an affair with her husband.One day Sandy found that Wendy and her husband went together to the cinema.She flew into a rage.She waited outside Wendy’s house and,when Wendy and her husband kissed goodbye,she rushed out and struck three quick blows to Wendy’s head with a crescent wrench.Wendy dies before the ambulance arrives.Sandy may properly be convicted ofA.murderB.felony murderC.voluntary manslaughterD.involuntary manslaughter32.Owen and Willa make a contract in which Willa is to work for two weeks,andOwen is to pay her at the end of the second week.A.Payment and doing the work are concurrent conditions.B.Payment is a condition precedent.C.Payment is a condition subsequent.D.Doing the work is a condition precedent.33.Andrew throws a baseball towards Barry,with whom he is playing pitch and catch.Andrew’s aim is bad and the ball hits Cassandra,who is walking nearby.A.Andrew has committed battery against Cassandra because his intention to hit Barry with the ball is transferred to CassandraB.Andrew has not committed battery against Cassandra because he did not intend to harm herC.Andrew has committed battery against Cassandra because he intended to throw the ball,which hit herD.Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it34.Smith,a second-hand book dealer,purchased a used four-volume set ofBlackstone’s Commentaries from Jones for$200.Jones inherited the book from his Uncle John.Inside the book,he came across a War Bond made out in the name of Ulysses Wescott,Sergeant,U.S.Army Quartermaster Corp.,with a face value of$100.The date of maturity is January1,1950.Even though the bond has matured a half-century ago,the ernment continues to be obligated to pay $100.Smith finds out that the value of the bond to collectors is$5,000.To whom should the bond be awarded?A.SmithB.JonesC.Wescott if he is alive;his heirs if he is notD.The ernment.35.In considering the differences and similarities between state courts and federalcourts,A.only state court judges are appointed for life.B.states judges and federal judges are both appointed by the executive branch.C.both types of courts have the power of judicial review.D.only the federal court system has a court of last resort.36.Diversity JurisdictionA.The contemporary requirement that a jury should be comprised of persons of different national backgrounds in order to reflect the diversity of society.B.The jurisdiction in a federal court when the parties are from different states and the amount in controversy exceeds$75,000.C.The power of the federal courts to hear"federal questions."D.The English translation of the French legal treatise,Diversitédes courts.37.Which of the following are considered to lack capacity to contract?A.minorsB.persons suffering from mental illnessC.intoxicated personsD.all of the above38.Which right(or rights)is(or are)NOT provided by the Supreme Court’s decisionin Miranda v.Arizona(1966)?A.The right to be informed that police must cut off questioning if the defendant asksfor a lawyer.B.The right to make one phone call to speak to a lawyer.C.The right for a lawyer to be able to make contact with an arrested person.D.All of the above.39.Mark received a citation for driving65in a50m.p.h.zone,punishable by a$250fine.Which could be a defense?A.He reasonably thought the speed limit was65m.p.h.B.His speedometer was broken.C.He just received a call from his wife informing him that a brush fire had started near his home.D.Both A and B.40.Which of the following is least likely to serve as the underlying felony in aprosecution for felony murder?A.ManslaughterB.ArsonC.RapeD.Burglary41.A copyright is considered to be__________.A.propertyB.contractC.a copyD.an original42.Smith is the owner of5acres square tract of undeveloped rural land.Unbeknownst to Smith,Jane has used the property each summer as campsite during her month long vacation for the past25years.In1990,ten years after Jane entered on to the land,Smith entered the land and told her to get off his land, which she did.The next day he posted“No Trespassing”signs.Jane returned the following week,and continued her use for the period largely unmolested(not interfered with/disturbed)by Smith,though Smith occasionally entered the land in succeeding autumns.Has Jane fulfilled the requirements for adverse possession?Assume that the state has a twenty-year statute of limitations.A.No,Smith’s entry is no longer adverse.B.Yes,Smith’s entry is insufficient to interrupt the continuous requirement.C.No,Smith’s use of the land no longer renders her use exclusive.D.Yes,Smith’s use of the land is minimal and therefore her use remains exclusive.43.Mary is a defendant charged with the federal crime of violating federal postalregulations by sending out mail from her office with unauthorized“metered mail”markings.This federal crime is punishable by a maximum fine of$10,000or six months in jail.When Mary is arraigned she tells the federal judge that she is indigent,but the judge says,“I’m not planning to give you any jail time if you are convicted.This is a petty offense.So we don’t need to bother with a lawyer for you.”Mary is convicted and sentenced to pay a fine of$500.Mary appeals and because she is indigent,she receives an appointed lawyer on her federal appeal.Her lawyer argues that the trial judge’s actions violated Mary’s constitutional rights.Which of the following arguments WILL be made by Mary’s defense counsel on appeal?A.That Mary has a Due Process Fourteenth Amendment right to the appointment ofcounsel on a case-by-case basis,as long as she can show that she has special circumstances in her case that demonstrate her need for counsel.B.That Mary has a per se Due Process Fourteenth Amendment right to theappointment of counsel.C.That Mary has a Sixth Amendment right to the appointment of counsel because jailis an authorized penalty for the crime with which she is charged.D.That Mary has a per se Sixth Amendment right to the appointment of counsel.44.Which of the following will ordinarily support a legally binding contract?A.Past consideration.B.Moral consideration.C.Nominal consideration.D.None of the above.45.Trade secret protection is acquired when__________.A.the idea or information is createdB.permission is granted to use the secretC.the secret is written downD.the secret is videotaped46.As interpreted by the Supreme Court in Marbury,which of the followingstatements can be made about Art.III,Section2?A.The original jurisdiction of the Supreme Court is set by the Constitution; Congress can neither add to it nor subtract from it.B.Congress can add to the Supreme Court's original jurisdiction,but it can't subtract from it.C.Congress can subtract from the Supreme Court's original jurisdiction,but it can't add to it.D.Congress can make"any exceptions"to the Supreme Court's jurisdiction it desires.47.Prima facie cause of actionA.What a defendant must prove to establish liability for a cause of action.B.What a plaintiff must prove to establish liability for a cause of action.C.The first element of a tort that can bring rise to a cause of action.D.The instructions given to the jury at the close of trial.plaintA.Statement made to the professor about the temperature in the classroom.B.A document setting forth the basis of a claim and the relief sought.C.Another name for the"plaintiff."D.The instructions which a judge will give to the jury at the end of a civil trial.49.Leading questionA.A question that suggests its answer.B.The first in a series of questions.C.A dispute over dancing partners.D.An important public issue.50.HearsayA.Process of selecting a juryB.A type of evidence that is often excluded,unless it falls within an accepted category.C.Evidence that is not admissible in court under any circumstances.D.Evidence that is always admissible in court under all circumstances.51.Double-jeopardyA.Prohibition against being sued in civil court after being charged with a criminaloffense.B.Being placed on trial twice for the same offense by the same sovereign.C.Being unable to serve a summons.D.Insufficient evidence to bring before a grand jury.52.Preponderance of the EvidenceA.The burden of proving a fact"beyond a reasonable doubt."B.The burden of proving a fact with"substantial evidence."C.The burden of proving that the existence of a fact is more probable than itsnon-existence.D.The assumption that a fact is true for purposes of reviewing a motion to dismissfor failure to state a cause of action.53.Which of the following statements is the best definition of real property?A.Real property is only land.B.Real property is all tangible property including land.C.Real property is land and intangible property in realized form.D.Real property is land and everything permanently attached to it.54.Assume that you are a prosecutor and you are about to start jury selection in adeath penalty case in state court.You are worried that your case might not be given a fair hearing by a jury panel.The defendant is African-American and the victim was white.Given your experience you expect at least half of the prospective jurors to be African-American.In addition,you are trying the case in a county that has a good number of citizens who are against capital punishment.You anticipate that defense counsel will want to question all prospective jurors, especially those that are white,about racial biases.You are planning to object and hope to limit this line of questioning.Your objections will probably be:A.Overruled,because there are no limitations to voir dire in capital cases.B.Sustained,if race is not relevant to the case beyond the fact that the victim and defendant are of different races.C.Sustained,because the court has almost total discretion with regard to what to allow during the voir dire.D.Overruled,because in capital cases where the victim and defendants are ofdifferent races,the defendant has a constitutional right to ask prospective jurors about possible racial biases.55.A technique used by the court to establish whether there is a causal link betweenthe defendant's breach and the plaintiff's loss is called the:A.All of the aboveB.‘What if’testC.‘Cause’testD.‘But for’test56.Which of the following is most likely to be held void(as opposed to voidable)?An apparent agreement vitiated byA.infancyB.incapacityC.duress by forceD.A and C57.AcceptanceA.An exception to a general rule of contract lawB.A counteroffer that changes the terms made by the offerorC.Surrender to the terms of the offerorD.A manifestation of assent by the offeree to be bound to the terms of the offeror58.Directed verdictA.A ruling by the judge upon finding that the evidence so favors one party that it is not even necessary for the jury to make a decision.B.A judgment against the directors of a corporation.C.A wrongful verdict by a jury.D.A large monetary award for the plaintiff.59.Finest Product Company and Great Goods,Inc.,use the mark“Good Housekeep”to certify their own products.Finest and Great are not in business together and do not own the mark.The mark is________.A.collective markB.certification markC.service markD.trade dress60.Alberto likes mushrooms.He buys the book The Encyclopaedia of Mushroomsand goes mushroom hunting,relying on the descriptions in the book.He picks, cooks and eats some wild mushrooms,which turn out to be poisonous.Alberto gets acute food poisoning.He sues the publisher of the encyclopaedia.Which of the following most accurately states the likely outcome?A.The publisher is not liable because the information in the book is not a “product”for the purposes of strict liability.B.The publisher is not liable because it could not reasonably have expected that readers would fall ill as a result of relying on the information in the bookC.The publisher is strictly liable because the information in the book was a defective product.D.The publisher is strictly liable because the book is a product and the book caused Alberto harm.61.The Penal Code of the state provides that:“A person is guilty of burglary if,withpurpose to commit a crime therein,the person enters a building or occupied structure that the person is not licensed,privileged,or invited to enter.”If Robin were charged with burglary as defined in the statute,which of the following would be his best argument for acquittal?A.There was no breaking.B.He had consent of the owner.C.He reasonably believed he was entering his own house.D.he found the window unlocked.62.Assuming Bob committed arson,which of the following is the best evidence thatDarrin aided and abetted that arson?A.Darrin was reckless with respect to Bob’s intentions.B.Darrin gave Bob his lighter.C.Darrin did nothing to stop Bob once he suspected his purpose.D.Bob trusted Darrin not to try to stop him.63.Alan is an invitee on Paul's land.Therefore,Paul owes Alan a duty__________A.to exercise reasonable care to protect him against dangerous on-premisesconditions that Paul knows about,or reasonably should know aboutB.only to warn him of dangerous on-premises conditions that he is not likely todiscoverC.only not to willfully and wantonly injure him on the propertyD.None of the above64.Which of the following are excuses for nonperformance under a contract?A.Impossibilitymercial impracticabilityC.frustration of ventureD.all of the above65.Which of the following is not a defense to a negligence claim?A.contributory negligenceparative negligencest clear chanceD.assumption of risk66.Under which of the following situations does strict liability apply?A.keeping naturally dangerous wild animalsB.manufacture or sale of defective and unreasonably dangerous productsC.both A and BD.Neither A and B67.Which of the following statements regarding trial courts is false?A.Cases involving significant dollar amounts usually begin at the trial court level.B.Trial courts keep detailed records of their proceedings.C.Determination of the applicable law is the trial judge's responsibility.D.The trial court's fact-finding function is always handled by the jury.68.Which of the following constitutional provisions apply against state governments?I.The privilege against self-incrimination.II.The right to a jury in most civil trials.III.The right to be free of double jeopardy.IV.The right not to be tried for a criminal offense in the absence of an indictment.A.I and III only.B.III only.C.I,III and IV only.D.I,II,III and IV.69.Which of the following might be protected by trademark law?A.Product or container shapesB.ColorsC.SoundsD.All of the above70.Marry works in a doughnut shop.Her supervisor accuses her of stealing from thetill and asks her to accompany him to his office at the back of the shop for questioning.Martin does so and remains in the office for half an hour.She says she felt compelled to do so in order to clear her name.She later brings an action alleging false imprisonment.Which of the following most accurately describes the proper result?A.Marry was falsely imprisoned because she was not free to leave.B.Marry was falsely imprisoned because she felt compelled to stay.C.Marry was not falsely imprisoned because moral compulsion to stay isinsufficient without some physical compulsion(or threat of it).D.Marry was not falsely imprisoned because she entered the office voluntarily.71.Victor administers poisonous drug to Mary to cause miscarriage.It is found that。
法律英语证书(LEC)考试试题库
法律英语证书（LEC）考试试题库法律英语试题库说明:法律英语试题库共分两部分～第一部分为普通法律英语部分～侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。
第二部分为涉外法律英语部分～侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。
Part One:普通法律英语部分I(Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit). ( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 21A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution. Laws or written rules which are passed by Parliament and ( )11 implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, andadjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carryinglaws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A(separate property F. adulteryB(bigamy G. beneficiaryC(custody H. separationD(heir I. necessariesE(nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriageduring a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.2( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate toan incompetent person's station in life, yet not available or providedby parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone otherthan the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.II. Choose the right word from the list given below for each blank. Change the form of the word if necessary. (15’)3Exercise 1Institution foundation startprovision statute knowcode experience jurisdictionstill-survive judicature advocateas exercise regardWe are about to pass into a world governed by _41__; and a few words will not be out of place as to the way in which codes are__42_in the countries where they form the __43__of the national law. In the first place a code is supposed, in theory at least, to provide a fresh__44_in all those parts of the law with which it deals. It is not conceived as resting upon a presupposed and__45_common law, but as standing upon its own foundations, _46__does, for example with us, a__47_introducing a novel principle, such as Workmen's Compensation. We shall not find in a continental code such language as that used in the Supreme Courtof_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable ofbeing__50_ by, all or any of the courts following ..." It was the intention of the authors of the French Civil Code that it should be interpreted only in the light of its own__51_and definitions. One of theearly commentators, Bugnet, said: “know nothing of civil law; I only teach the Code Napoleon."A very short__52_, however, was enough to show that this idea was impossible of realization. The judges and _53__, to say nothing of the not less important legal authors, whose task it was to expound and to apply the new Code, could not have done their work had they not been familiar with the old technical terms it adopted, and with the_54__which in substance it reproduced. Whatever pretence they might make of looking only to the text of the Code, they could not empty their minds of a large body of relevant professional knowledge, _55__ of something which we may, without great error, call the common law of France -- or atleast the common law of Paris.Exercise 2disputes justice pursuitprocedure plaintiff rootsprocedural reliance meansadversary jurisdictions claimsjudgment parties opposingIn all jurisdictions there is general agreement that the goal ofcivil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires4that the law of procedure provides some _59_ for performing each of the following basic functions: notifying the defendant that the _60_ is bringing suit, informing each party of the _61_ and contentions of the other, determining the nature of the dispute and the issues between the _62_, ascertaining the facts, deciding which principles of law govern the case, applying the law to the facts to reach a _63_, giving the judgment effect in some practical way, and having the official actions of lower courts checked by higher courts. With very few exceptions, the differences that exist in the _64_laws of the various_65_ are only differences with respect to the means chosen to perform one or more of these functions. In addition, American rules of procedure, with the exception of those in effect in Louisiana, have their _66_ in the early English common law. Consequently, most differences are not differences in kind; they are differences in the degree of evolution from early common law concepts. Finally, in all of our jurisdictions much _67_ is placed on the assumption that if each of the_68_ parties takes the steps and advances the propositions that appear to him or her to best serve his or her own cause, truth and _69_ will emerge. Because of this characteristic, our system is often referred to as the _70_ system.Exercise 3for court celebratinglater patted rejecteddrunk her withprison searched ofprosecutor declaring bothOne evening police officers saw a man and woman running down a street. The police __71__ them. The woman had a bag of money in her hand and a bulge in __72__jacket. They patted her down and found a gun. Then they __73__ down her companion; they found nothing. They took __74__ to the station, booked them and arrested them for armed robbery. Back on patrol __75__ that night they saw a group of rowdy college students__76__ a football victory. The group was in a quiet neighborhood. The two officers told the youths to “keep quiet”. Still later, they saw a __77__ stumbleand fell down; they took him to a nearby shelter.A few days later, a __78__ charged the two armed robbery suspects__79__ robbery, according to the state's criminal code. The woman went to __80__ ;the jury acquitted her because the only eyewitness died__81__ a heart attack the morning of the trial. After charging her companion, the prosecutor offered the male suspect a “deal.” In exchange __82__a plea of guilty, the prosecutor would reduce the charge to simple theft and ask the judge for a sentence to a newly instituted home confinement program instead of to prison. The man accepted the deal and pleaded guilty,5but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a courtorder __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he wouldnot seriously endanger the community.III. Vocabulary and StructureA. Match the words on the left with their definitions on the right.(8 points)86. strategy a) a legally registered design naming the originaldesigner as owner of the design87. tedious b) the name of a product or sometimes the name ofa company88. brief e) a memorable sentence used to advertise aproduct89. brand d) not very interesting and often repetitive90. e) tell someone about something, usually inshareholder connection with work91. slogan f) an owner of shares in a business92. spam g) junk mail93. patent h) a general plan intended to achieve somethingover a period of timeB. Complete the following sentences, using the appropriate phrasal verbs from the box below. Remember to put the verbs in the correct form. You should refer to the company structure of ABM plc for questions 1-3.(7 points)report to take off set up see to consist ofturn off do without put to go through694. ABM plc ______ four departments.95. Helen Grey ______ to the Personnel Manager.96. John Ross _______ the Maintenance Section.97. _______ the gas before you inspect the back of the cooker. 98. After inheriting a lot of money he decided to ______ his own business.99. I would like to _______ the sales figures with you and find out where the mistakes are.100. We really can't ________ his expert knowledge. Well have to reschedule the meeting to suit him.(三)Choose a word from the box for each space in the Exercise below. Remember to put the words in the correct form.manage post reference to arrangereach enclose require private moreoverstudy enable would particularly available46 Potters LaneWaltonLeicestershire23 April 2002 Mr Peter SellersDirector Human ResourcesCarney and Denham Consultants72 Cromwell RoadNottingham NT7 9GHDear Mr SellersWith 101 to your advertisement in the Independent on 21 April, I would like to apply for the 102 of Project Manager with your company.I am 35 years old and 1 have considerable experience in engineeringin both the public and 103 sector managing overseas construction projects. 104 , I have recently completed a course on Management and Communication and I am currently 105 for an MA degree in Engineering Management. This experience bas 106 me to develop the necessary leadership and Communication skills to 107 multidisciplinedconstruction teams. I am 108 interested in the position you are offering as I 109 like to become more involved with building refurbishment projects.I would be grateful if you could 110 an interview as soon aspossible as I am going abroad next month. I can Be 111 at the above address. I am 112 to start work from I June. Please find 113 my CV.Please do not hesitate to contact me if you 114 any furtherinformation.I look forward 115 heating from you.Yours sincerelyAnne ALexanderAnne Alexander (Ms)8IV. Read the materials and answer the following questions:Exercise 11. Read the following text and answer questions 116-120.Sometimes you might be asked to go to a selection or assessment centre. This is an extended interview which is made up of a series of group activities, rests and presentations. You will be assessed throughout the day by assessors who will be looking to see how well you work in a ream, whether your communication skills are good and whether you can work to deadlines. Team work is important. You don't do yourself any favors by trying to take over the group, but at the same time, don't sit back and let everyone else do the work.Don’t panic if you're asked to do a presentation on something you don't know much about as the way you give the presentation is often more important than the content itself. You should practice beforehand so you know how long the presentation takes. The best advice on dealing with a selection centre is to give it your best shot. If you sit timidly in the corner, the assessor cannot make any judgment about you.When you take a personality test, which is designed to find outabout your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly thereis usually no right or wrong answers. Answer the questions honestly and positively. There is no point in trying to give the answers you think the employer will want because firstly you might have the wrong ideaabout what the employer is looking for, and secondly, you don't want 1o gel tile job and spend the ensuing months trying to be someone whoyou're not. 116. What is the Exercise mainly concerned with?9117. How should you behave during the day at the selection centre? 118. How should applicants approach giving presentations?119. Does it matter if you answer questions incorrectly in a personality test? Why?120. What does the author say about lying in a personality test?Exercise 2Despite the attention paid within advertising agencies to the whole business targeting specific groups, there have been some spectacular failures to get it right when companies have tried to go international or global with their products. This has been for a variety of reasons. Sometimes, the brand name of the product has unfortunate associations when translated into foreign languages. Looking at this area can illustrate how powerful the operation of connotation is --the way in which words can call up associations in our minds. Because of the way we make connections between words and particular ideas, feeling and experiences, brand names are crucial for advertisers. They are very economic, acting as little concentrated capsules of meaning. Where advertisers get it right, readers will do the work to generate all the intended connotations.There are whole companies who specialize in offering research onbrand-name connotations to product manufacturers looking for a name fora new product, or looking at how best to market an existing product to new, foreign audiences. These companies—for example Inter-brand, and The Brand-naming Company typically organize brainstorming sessions where they ask groups of people to let their imaginations ‘roam free’, from which meetings they arrive at shortlists of names whosesuitability is then researched further. Names on the shortlists have to pass certain10tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; thatthey have the right connotations. The latter, however, is a complex area. Even within one language, connotations can be about quite subtle distinctions. For example, when Pickfords Travel merged with Hogg Robinson two years ago, the shortlist for the new company had two main contenders: 'Destinations' ,arid 'Going Places'. The new company chose the latter, deciding that 'destinations' tended to suggest long haul flights to farflung places travel for the privileged. 'Going Places', on the other hand, was thought to describe all sorts of travel andtherefore be more suitable for the mass market, which was the company’s target.2. Mark statements 121-125 True or False according to theinformation provided in the text above.121. This Exercise is mainly about how to choose names for companies wishing to go global.122. Good names make the right connection between words and ideas. 123. ‘Going Places' is used as an example to show how hard it is to choose a name for a company.124. ‘Destinations' is likely to appeal to wealthy travelers. 125. One technique brand name consultants often use is to invite people to freely suggest any names on their mind.Exercise 3Material 1: Jurisprudence: An Overview11The word jurisprudence derives from the Latin term jurisprudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. Thefirst and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and thesocial sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as what is law? How do judges (properly) decide cases?Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevantlegal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist andnatural12law schools of thought. Positivists argue that there is no connection between law and morality and the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy; religion, human reason and individual conscience are also integrating parts of the law.There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think about jurisprudence as a continuum.The above-mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.Material 2: Legal PhilosophyJurisprudence is the philosophy of law and of the legal system.There are many ways of classifying legal philosophy or jurisprudence. The four major schools of thought are natural law, positive law, sociological jurisprudence and legal realism.The natural law school of thought feels that the legal system should model the relationships found in nature and believe in the innate goodness of man.13The natural law school of thought began during the fifth century B.C. and states that there exists a sense of what is just and right in nature separate and distinct from the rules that may be developed by a state.Aristotle asserted that law existed in nature and could beascertained by man's exercise of his power to reason. The Stoic schoolelaborated on and expanded on the ideas of Aristotle in the thirdcentury B.C. Duringgentium (the law of nations) was the Roman period the concept of jus similar to the earlier Greek natural law theories.St. Thomas Aquinas combined the Greek and Roman schools of thoughtinto a Christian view that God reveals natural law to man through man's ability to reason. John Locke argued that man had a "bundle" of rights, only some of which he surrendered to the state in order to live in an organized society. According to Locke, the individual retained the remaining rights in the bundle. This view is recognized in the Tenth Amendment to the United States Constitution. The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.Beginning with the nineteenth century, there was a move away from reliance on natural law toward the concept of positive law. Natural law takes the position that law is based on fundamental truths. Thisposition is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism oranalytical jurisprudence) believe that law should be more scientific and less reliant on blind faith. Thus, positive law deals with axioms and attempts to develop a legal system based on logic rather than on beliefs.Legal positivism originally developed in Europe. The legalpositivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) Asa result, positive law can be distinguished from morality because morality does not come from the sovereign, while law is, or at least should be, handed down by the sovereign. There are four basic components of legal positivism:1. Law consists of rules.2. Law is different from morals.3. The sovereign establishes the rules.4. Legal rules carry sanctions.Legal positivism is best exemplified in the views of Hans Kelsen andH. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law14faculties of many European universities before immigrating to the United States in 1940. Kelsen viewed the law as being self-supporting and not dependent on any external values. He said, "A norm becomes a legal norm only because it has been constituted in a particular fashion, born of a definite procedure and definite rule. Law is valid only as positive law, that is, statute (constituted) law". In Kelsen's view, therefore, all the actions of any given government are valid so long as those actions are recognized as valid by statute within that country. Hart, on the other hand, expands this somewhat narrow view. Hart rays that the law must treat all like cases alike. He argues that legal positivism stands for the proposition that law does not necessarily have to relate to morality. To Hart, rules of law are more important than the process of how courts decide cases.The natural law proponents seem to have a "justification by faith" approach to jurisprudence. The advocates of legal realism have a seemingly coldhearted rationalism that rests on the effects of the law, with little apparent concern for what the law should be. A third school of legal thought adopts a position somewhat between these two previous schools of thought. This third school --sociological jurisprudence -- is concerned with the effects of law, but it is also concerned with the justifications and reasons that underlie the enactment of the law. Its supporters observe, analyze, and justify both the justifications for the law and the effects of the law by applying the modern tools of psychology, sociology, and anthropology. Proponents of sociological jurisprudence believe that a law must be properly justified and have an appropriate effect in the society, based on the societal values andgoals of the given populace.The American legal philosophy can best be described as legal realism. Legal realism can be viewed as being on the opposite end of thepolitical spectrum from legal positivism. Legal realism has its roots in natural law, but it tries to take the "human element" into account, rather than relying on the innate nature of the universe as ajustification or explanation for the legal system. Natural law consists of four basic elements:1、 Law is based on the nature of man.2. Legal rights can be discovered by the exercise of reason.3. Law is constant.4. Legal principles must be just and fight.Legal realists have a somewhat more open view of the law, feeling that law reflects what "is" and not what it "ought" to be. Accordingly, legal realism can be viewed as consisting of two parts:1. The law is a social process, not a body of "rules".152. Law is what legal decision makers actually do about the statutes and rules.Legal realists concentrate on natural law than on rules. Legalrealists believe that law is based on the nature of man, but they also recognize that law is a social process based on logic, so thatlegal rules need to be just and fight.Each of the four schools has strong proponents and each has strong opponents. An application of each theory to the same set of facts leads to several different results. An understanding of the philosophy of law in any region allows one to understand the government of that region and basic attitudes commonly held by people within that region.Answer the questions according to the given materials:126. Is there any difference between jurisprudence and legal philosophy?Why?127. How many schools of jurisprudence as you know? What?are the main legal ideas of the natural legal school? 128. What129. What are the main legal ideas of the positive legal school?。
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。
LEC_考试备考重点
第一步 找出问题中的问题 [issue] 在法律备忘录中，需要注意的是，question presented 中的问题（question） 和 IRAC 中提出的问题（issue）是不同的，前者（question）是基于客户的 困难或疑惑提出来的法律问题，整个备忘录将以该问题为主线进行分析和 研究；而后者（issue）是在对 question presented 中的法律问题进一步分析时 发现的争议焦点，即所谓的“问题中的问题”。为区别这两种问题，本文将 question presented 中提出的问题叫作“法律问题”，将 IRAC 中提出的问题 （issue）叫作“争议问题”。 在上述虚拟案例中，妹妹（Carol）想知道自己能否获得 300 美元。从 法律角度来解决妹妹的问题，在 question presented 部分，可以提出这样的问
烟、不喝酒、不赌博，将给付 将给付妹妹 300 美元。
其 5000 美元。 Reasoning 侄子放弃一定的权利（习惯、自 与 Harmer v. Sidway 一案的事实
最新LEC备考策略(整理)
2019年5月LEC备考策略（2018年12月15日星期六）一．LEC考试详情1.考试包括哪些内容？2.答：考试分试卷一和试卷二，各需三个小时完成。
试卷一为选择题。
试卷二是主观题，包括案例阅读、翻译和法务写作三项。
3.试卷（一），客观题（单项选择题），共100题，每题1分。
4.本部分试题有以下两部分内容组成：美国法基本知识（90-95%）和逻辑推理（5-10%）5.难易程度比例设置：容易题目占50%，中等难度试题占30%，高难度试题占20%。
6.(1)、美国基本法知识各部门法所占比例设置：合同法10-15%；宪法5-10%；侵权法10-15%；证据法10-15%；财产法10-15%；刑法和刑事程序法10-15%；知识产权法5-10%；法律术语与文化 10-15%。
7.(2)、逻辑推理（5-10%）8.试卷（二），主观题，有案例阅读、法律翻译和法务写作三部分，每部分各占25分、40分和35分。
9.难易程度比例设置：中等难度试题占80%，高难度试题占20%。
10.(1)、案例阅读（Case Reading and Comprehension）共25分11.本部分试题包括一篇美国真实案例。
要求应试者在准确、快速阅读案例后，根据获得的案例中的信息简略回答有关问题。
(2)、法律翻译（Legal Translation）共40分12.本部分试题有两节，SectionA 和Section B。
Section A是中译英，Section B 是英译中，各占20分。
13.(3)、法务写作（Legal Writing）共35分14.本部分试题要求应试者根据题目给出的信息，用英文撰写一封律师函、起草意向书或写一篇法律备忘录（Law Office Memo）；或根据题目所提供的信息或案例，代表某一方写一篇律师辩论书（Brief）。
15.LEC考试划定的分数线是多少？16.答：LEC试卷总分200分。
主、客观两卷得分分别不低于60分，且总分达130分以上为及格；主、客观两卷得分分别不低于80分，且总分达170分以上为优秀。
法律英语考试大纲
考试大纲考试分试卷一和试卷二，各需三个小时完成。
试卷一为选择题。
试卷二是主观题，包括案件阅读、翻译和法务写作三项。
现将试卷结构列出以供参考：试卷（一），客观题（单选题），共100道小题，每题1分。
本部分试题有以下两部分内容组成：美国法基本知识（90-95%）和逻辑推理（5-10%）. 难易程度比例设置：容易题目占50%，中等难度试题占30%，高难度试题占20%。
(1)、美国基本知识各部门法比例设置： 1 合同法 10-15% 2 宪法 2-4% 3 侵权法 10-15% 4 证据法 5-7% 5 民事程序法 2-4% 6 刑事程序法 2-4% 7 知识产权法 5-7% 8 商事组织法 10-15% 9 证券法 5-7% 10 财产法 10-15% 11 票据法 2-4% 12 刑法 10-15% (2)、逻辑推理（5-10%）试卷（二），主观题，有案件阅读、翻译和法务写作三部分组成。
各部分分数分别为25分、40分和35分。
难易程度比例设置：中等难度试题占80%，高难度试题占20%(1)、案件阅读（case reading and comprehension）共25分本部分试题包括一篇美国真实案例。
要求应试者在准确、快速阅读案例后，根据获得的案例中的信息简略回答有关问题。
(2)、翻译（Translation）共40分本部分试题有两节，Section A 和Section B。
Section A 是中译英，Section B 是英译中，各占20分。
(3)、法务写作（Legal Writing）共35分要求应试者根据所给信息，用英文撰写一封律师函，或写一篇法律备忘录（Law Office Memo）;或根据所提供的案例，代表某一方写一篇案件辩论书（Brief）。
收费标准法律英语证书（LEC）全国统一考试收费标准为880元。
考试用书法律英语证书（LEC）全国统一考试大纲编著者：法律英语证书（LEC）全国统一考试委员会编出版社：法律出版社内容简介：本书共分为五部分，第一部分为考试说明。
法律英语lec考试真题及解析
法律英语LEC考试真题及解析
真题示例
Which of the following is NOT a feature of contract law?
A. Mutuality of obligation
B. Consideration
C. Absolute rights
D. Freedom of contract
In criminal law, the term "actus reus" refers to:
A. The mental state of the accused
B. The physical act committed by the accused
C. The legal definition of the crime
D. The punishment imposed on the accused
解析
【答案】C
【解析】合同法的特点包括双方义务的相互性（Mutuality of obligation）、对价（Consideration）、合同自由（Freedom of contract）。
而绝对权利（Absolute rights）不是合同法的特点，它通常与财产权等权利相关，不受合同法的约束。
因此，正确答案是C。
【答案】B
【解析】在刑法中，“actus reus”指的是被告人所实施的身体行为。
它与被告人的心理状态（mens rea）相对应。
因此，选项B“被告人所实施的身体行为”是正确的解释。
选项A是被告人的心理状态，选项C是犯罪的法律定义，而选项D是对被告人的处罚，都与“actus reus”的定义不符。
LEC_考试备考重点
英语世界 2022·01
6. Conclusion（结论）
结论部分是在对案件涉及的一系列法律问题做出回答的基础上给出的
最终法律意见。对案件所涉法律问题逐个分析并回答后，需要结合客户的
具体情形进行分析和方案选择，给出一个较为合理的法律意见供客户决策
时参考。
结论部分的意见要和客户的问题相对应。如果客户的问题是从多个方
案中选择一个，那么结论部分就需要对多个方案进行利弊分析、横向比较，
二、legal memo 的写作结构 法律写作是法律思维的重要载体，不同类型的法律文书有着不同的
组织结构。许多大型律师事务所和法学院都制定自己的法律备忘录格式。 虽然目前没有统一标准的 legal memo 写作规范，但通常会包括以下六部 分：Heading、Question(s) Presented、Brief Answer(s)、Statement of Facts、 Discussion 和 Conclusion。
本题要求考生论述 communication 方式的变化。communication 有多种
* 上海外国语大学国际新闻硕士，讲师，专注大学英语写作教学十余年。
〔承前页〕
于当前案例，即体现出普通法系的 stare decisis（遵循先例原则）。这里要
处理各种“逻辑关系”，既需要 deductive reasoning（演绎推理），也需要
120 法律英语
LEC 考试备考重点： 如何撰写 legal memo（上）
文 / 汤文华
一、了解 legal memo 及其作用 legal memo（法律备忘录，亦称 legal memorandum、law office memo）
是美国律师处理事务时最常见的一种法律文书，它是起草人在研究和分析 的基础上，对某一法律问题做出书面解释、提出意见的法律文件。在中国 的红圈所和精品所中，多数项目都涉及与外国客户打交道，所以撰写 legal memo 自然成为涉外业务必不可少的一部分。
法律英语学习-美国证据规则
法律英语学习| 美国证据规则美国的证据规则（或证据法）是关于证据的可采性(admissibility)、相关性(relevancy)、价值量(weight)和充分性(sufficiency)以及证明责任(Burden of Proof)等问题的法律原则和规则的总称。
证据的可采性处于核心的地位。
确定一个证据是否可以采用，主要应考察其实质性(materiality)、证明性(probativeness)和有效性(competency)。
而实质性和证明性合在一起即构成了相关性。
由于美国律师们在就对方证据提出反对时经常使用无相关性（irrelevant）、无实质性(immaterial)、无有效性（incompetent）这三个概念，所以证据的可采性规则也被概况为“三无”规则（”three I’s”）。
按照美国的传统法律，证据有两种基本类型(types of evidence)和三种基本形式(forms of evidence)。
两种基本类型包括直接证据(direct evidence)和间接证据(indirect evidence)或旁证(circumstantial evidence)。
三种基本形式包括言词证据(testimonial evidence)、实物证据(tangible evidence)和司法认知(judicial notice)。
其中，言词证据(testimonial evidence)是指为证人公开在法庭上所作的宣誓证词(sworn statements)。
广义而言，这类证据包括证人在宣誓后所作的口头和书面陈述，以及警察在审讯期间从证人、受害者或嫌疑犯取得的证词。
实物证据(tangible evidence)是指案件中的“展示物品”(physical exhibit)，它包括实在证据(real evidence)和示意证据(demonstrative evidence)。
前者指案件中“实实在在的东西”，如杀人用的枪、伪造的支票等；后者只能表明案件中某些情况的视听材料，如现场模型、图示等。
法律翻译Lessonnbsp 1
我们美利坚合众国的人民，为了组织一个更完善 的联邦，树立正义，保障国内的安宁，
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法律英语
13
Answer
provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
建立共同的国防，增进全民福利和确保我们自己 及我们后代能安享自由带来的幸福，乃为美利坚 合众国制定和确立这一部宪法。
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法律英语
14
Problems
1 拼写和语法错误 2 省译、增译、和望文生义 3 术语翻译不妥 4 译文文体不当 5 对原文的理解不透 6 语言修养欠佳 7 法律文化差异引起的错误
ordain and establish this Constitution for the United States of America.
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法律英语
12
Answer
Preamble 序言
We, the people of the United States, in order to form a more perfect Union,establish justice, insure domestic tranquility,
justice, insure domestic tranquility, provide for the common defense, promote the
法律英语考试之美国法基础
法律英语考试之美国法基础A FEDERAL LEGAL SYSTEM：OverviewThe American legal system has several layers， more possibly than in most other nations. One reason is the division between federal and state law. To understand this， it helps to recall that the United States was founded not as one nation，but as a union of 13 colonies， each claiming independence from the British Crown. The Declaration of Independence （1776） thus spoke of＂the good People of these Colonies＂ but also pronounced that ＂these United Colonies are， and of Right ought to be，FREE AND INDEPENDENT STATES.＂ The tension between one people and several states is a perennial theme in American legal history. As explained below，the U.S. Constitution （adopted 1787， ratified 1788） began a gradual and at times hotly contested shift of power and legal authority away from the states and toward the federal government. Still， even today states retain substantial authority. Any student of the American legal system must understand how jurisdiction is apportioned between the federal government and the states.The Constitution fixed many of the boundaries between federal and state law. It also divided federal power among legislative， executive，and judicial branches of government （thus creating a ＂separation of powers＂between each branch and enshrining a system of ＂checks-and-balances＂to prevent any one branch from overwhelming the others）， each of which contributes distinctively to the legal system. Within that system， the Constitution delineated the kinds of laws that Congress might pass.As if this were not sufficiently complex， U.S. law is more than the statutes passed by Congress. In some areas，Congress authorizes administrative agencies to adopt rules that add detail to statutoryrequirements. And the entire system rests upon the traditional legal principles found in English Common Law. Although both the Constitution and statutory law supersede common law，courts continue to apply unwritten common law principles to fill in the gaps where the Constitution is silent and Congress has not legislated.。
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法律英语考试LEC考试美国法基础知识
Sources of law
In the United States， the law is derived from four sources. These four sources are constitutional law，statutory law，administrative regulations， and the common law （which includes case law）。
The most important source of law is the United States Constitution. All other law falls under， and is subordinate to，that document. No law may contradict the Constitution. For example， if Congress enacts a statute that conflicts with the Constitution，the Supreme Court may find that law unconstitutional， and declare it invalid.
Notably， a statute does not disappear automatically merely because it has been found unconstitutional； it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However， under the principle of stare decisis，no sensible lower court will enforce an unconstitutional statute，and any court that does so will be reversed by the Supreme Court. Conversely， any court that refuses to enforce a constitutional statute （where such constitutionality has been expressly
established in prior cases） will risk reversal by the Supreme Court.。