法律英语试题套
法律英语试题（2套）
1 A buyer can accept goods by:A. Stating an intention to take them.B. Failing to reject them.C. Treating the goods as if the buyer owned them.D. All of the above.2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.In order for someone to be convicted of a crime, which of the following elements must be present?A. The defendant had a socially maladjusted childhood.B. The defendant had no intent to commit the act.C. The defendant performed a prohibited act.D. The defendant performed a morally questionable act.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:A. Robbery.B. Embezzlement.C. Misappropriation.D. Conversion.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of:A. Battery.B. Larceny.C. Arson.D. ForgeryA homicide committed without malice towards the victim is known as:A. First-degree murder.B. Manslaughter.C. A misdemeanor.D. ExtortionIf you are charged with a crime, you might be able to defend yourself and escape liability if you:A. Committed a prohibited act.B. Were voluntarily intoxicated at the time of the crime.C. Were over the age of sixty-five at the time of crime.D. Were involuntarily intoxicated at the time of crime.One morning in the Laundromat, Duneberry approached Kirksey and said, “If you don’t pay me $ 500 by July 2nd, I’ll beat you to a pulp.” A week later, on July 2nd, Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money, Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law, Duneberry will most likely be found guilty of which of the following crimes:A. Extortion and battery.B. Extortion and robbery.C. Assault and battery.D. Assault and robberyWhich of the following does NOT describe a felony?A. If found guilty, you are sentenced to prison for up to six months.B. If found guilty, you go to a federal or state penitentiary.C. If found guilty, you may face the death penalty.D. If found guilty, you may face life imprisonment.Which of the following is not classified in English law as a tort?A. Defamation.B. Negligence.C. Breach of contract.D. NuisanceEunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Yasser because of the Armenian genocide, but is a friend of Eunice’s, whose present is known to him, draws a scimitar and threatens to behead Yasser. Eunice, who is five months pregnant, suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarriage, Eunice will:A. Lose, because Jacques did not know Eunice was pregnant.B. Win, because it is highly probable that Jacques’ extreme and outrageous conduct would inflect emotional distress on Eunice.C. Lose, since Jacques’s tortuous acts were aimed against Yasser, so only Yasser can recover for emotional distress.D. Win, because she is Yasser’s wife.Intent is:A. A factor required to sustain a tort.B. Strict liability.C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.D. Where desert nomads liveFalse imprisonment is:A. Placing a convicted defendant in a maximum security prison.B. A description of when a judge and jury disagree over a sentence.C. A criminal imprisonment for civil wrong.D. The intentional, unlawful confinement of a person against that person’s will.1. Which of the following is/are required in order to have a “tender” of goods?A. The seller must put and hold conforming goods at the buyer’s disposal.B. The seller must give notice to the buyer that the goods are available.C. The seller must give notice to the buyer and hold the goods for a reasonable time.D. All of the above are required for tender.2. Rescission may be defined as:A. The substitution of one contract party for another.B. The revision of a contract’s terms to reflect trade usage.C. The full performance of a contract.D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.3. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discover later that the dog is not worth $800, but only $400, can you have the contract rescinded or canceled based on your mistake?A. Yes, if the owner knew the dog was clearly not worth $800.B. Yes, because you had a duty to investigate.C. Probably not, because you made a mistake about the dog’s value, not a mistake of a material fact.D. Probably so, because you made a mistake of an immaterial fact.4. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficient?A. No, because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.B. No, because this kind of bargain violates public policy.C. Yes, based on the clear lack of any bargain.D. Yes, because Liz has promised something of value5. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun, an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk, Reggie tells Hortense, “You have done really good lately. If you can keep it up until Christmas, you will get a $500 bonus.” Reggie’s promise could be best characterized as:A. Valid consideration.B. An illusory promise.C. An output contract.D. A requirements contract6. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications:A. Vercingetorix may not reject Eddy’s performance because Eddy has substantially performed.B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.D. Vercingetorix may reject Eddy’s performance because it was not precisely what their agreement demanded7. Andronicus, an international dog dealer, offers to pay Justinian, an professional dog breeder, $40,00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”, to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st, Andronicus repudiates. Justinian’s cause of action against Andronicus will accrue:A. Immediately on August 1st.B. Anytime between July 12th and August 12th.C. Either A and B.D. August 12th8. With regard to corporations:A. They may be held liable for crimes, just as individuals may be.B. They may never be held liable for crimes.C. They do not really exist, so they cannot be liable for crimes, only for torts.D. They may only be held liable for crimes if they are privately owned.9. A person may be found not guilty of committing a crime if that person:A. Is over the age of 18.B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.C. Is voluntarily intoxicated.D. Made a mistake of law10. Negligence is:A. Forgetfulness.B. Willful and wanton misconduct.C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.”D. A tort that will impose liability for a breath of a duty that proximately causes an injury11. Immunity is:A. A statutory defense available only to sovereign governments.B. A possible defense to tort liability.C. The right of students in law school to participate in political demonstrations.D. The invulnerability of a trial court judge.12. Kriekor leases an apartment from Methuselah. In this situation, Methuselah is known as:A. The lessor.B. The lessee.C. The tenant.D. The debtor.13. The famous “swoosh” design on the side of NIKE sneakers is an example of:A. A copyright.B. A patent.C. A trademark.D. A trade secret14. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”, you are looking at:A. A certification mark.B. A strong mark.C. A patent.D. A licensor15. Suppose that Jami invents and patents his new weeding machine, but never sells it. Louisa borrows the machine from Jami, pulls it apart, copies it, and then sells it. Louisa:A. Has done nothing wrong; competition is a part of our market economy.B. Has not infringed a patent because the product was not “in commerce.”C. Has infringed Jami’s patent rights.D. Has behaved immorally, but not illegally16. One of the ways to make use of another’s trademark, copyright, patent, or trade secret, while avoiding litigation, is to obtain:A. A cyber mark.B. A business process patent.C. An easement. 地役权D. A license.。
法律英语试题与答案
法律英语考查试题及答案一、英译汉1.general jurisdiction 一般管辖2.bar examination 律师考试3.ripeness 案件成熟度4.substantive law 实体法5.no contest pleas 不辩护也不认罪的答辩二、汉译英1.巡回法院 circuit courts2.模拟法庭 moot court3.案件决议度 mootness4.起诉书 complaint5.被上诉人 appellee三、翻译短文1.No two legal systems,then,are exactly alike.Each is specific to its country or its jurisdiction.This does not mean,of course,that every legal system is entirely different from every other legal system.Not at all.When two countries are similar in culture and tradition,their legal systems are likely to be similar as well.No doubt the law of E1Salvador is very much like the Law of Honduras.The laws of Australia and New Zealand are not that far apart.没有两个法系是恰好相似的。
每一种法系对于它的国家和它的管辖范围是特定的。
当然，这并不意味着每一种法系是完全不同于其它任何一种法系。
当两个国家在文化和传统上相似的时候，他们的法系也很可能相似。
难怪萨尔瓦多的法律和洪都拉斯的法律异常相似。
澳大利亚的法律和新西兰的法律也不是相差甚远。
法律英语试题与答案
法律英语试题与答案法律英语试题与答案一、单项选择题（每题的备选项中，只有1个最符合题意）1、王某贩卖盗版光碟被文化局查处，罚款1000元。
王某不服申请行政复议，但是复议机关也维持了处罚决定。
王某逾期不履行维持原具体行政行为的行政复议决定，应当如何处理？（）A．由作出原具体行政行为的行政机关依法强制执行，或者申请人民法院强制执行B．由行政复议机关依法强制执行C．由行政复议机关申请人民法院强制执行D．由作出原具体行政行为的行政机关或行政复议机关依法强制执行，或者申请人民法院强制执行2、对复议机关的复议决定不服，是否可以向复议机关的上级机关申请再复议？（）A．不能申请再复议，因为我国行政复议实行一级复议制B．一般情况下，不能申请复议，但法律另有规定时，可以在经过一级复议后申请再复议C．一般情况下，不能申请复议，但行政法规另有规定时，可以在经过一级复议后申请再复议D．一般情况下，不能申请复议，但规章另有规定时，可以在经过一级复议后申请再复3、对某市某县公安局派出所以该县公安局的名义作出的具体行政行为不服申请的复议，应由下列哪项所述机关管辖？（）A．该县公安局B．该派出所C．该县人民政府或某市公安局D．某市人民政府4、对复议前置的案件，行政复议机关决定不予受理或者超期不作答复的，申请人可以依法（）。
A．向上级机关申诉B．向上级行政机关申请复议C．向人民法院提起行政诉讼D．无法提起行政诉讼5、A市某县土地管理局以刘某非法占地建住宅为由，责令其限期拆除建筑，退还所占土地。
刘某不服，申请行政复议。
下列哪种说法是正确的?( )A．复议机关只能为A市土地管理局B．若刘某撤回复议申请，则无权再提起行政诉讼C．刘某有权委托代理人代为参加复议D．若复议机关维持了某县土地管理局的决定，刘某逾期不履行的，某县土地管理局可以自行强制执行6、为了加强治安管理，某治安联防队受公安机关的委托维持当地的社会治安，在一次巡逻中，因发现王某一伙人有结伙殴斗的危险，遂对王某等人进行了警告，但王某不服提出复议，那么此案，应以谁为被申请人？( )A．治安联防队B．公安机关C．治安联防队和公安机关D．不能申请复议，谈不上以谁为被申请人7、熊某与李某同为某乡农民，2004年12月6日，两人因宅基地的事发生争执，李某乘熊某不备向其腰间踢了一脚，熊某被送往医院，经诊断后认定肋骨骨折，但后果并非特别严重，未构成犯罪，乡派出所对此事进行调查后对李某作出罚款1000元的行政处罚。
法律英语试卷
1. To discuss the differences between the civil law system and the common law system.ⅠThe original places are different. The civil law system originated in ancient Rome, and the commonlaw system originated in England.ⅡThe main traditional source of the common law is cases, while the main traditional source of thecivil law is legislation.ⅢThe civil law system pays more attention to substantive law; the common law system pays moreattention to procedural rules.ⅣThe classification of law is different. The civil law is separated into public law and private law, thecommon law is separated into common law and equity.ⅤSince theory and doctrines is important in legal education of civil law system, professor plays animportant role in legal education. on the contrary, cases is the main source of common law, thus thejudge's decision is more important.ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take arelatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the powerto investigate the case and inquire the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teaching.ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree. ⅡThe teaching methodIn USA, the teaching method is case method or Socratic method, students instead of theprofessors play an active role in the class.In China, the professor exposes the law to his students, who take notes and do not intervene inclass.ⅢCases vs. DoctrinesIn the USA, students' textbook contains lots of cases and decisions made by the judges.In China, The textbook involves many doctrines, concepts and theories.3.To discuss the main features of the American court systemThere are fifty-two court systems in the U.S. each state has its own system of courts, one for theDistrict of Columbia and a federal system.In the state court systems, court structures vary from state to state. But they all exhibit ahierarchical structure; decisions of lower courts may be reviewed by higher courts. A state systemincludes:1) Trial courts of inferior jurisdiction2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil litigations involving small amounts of money andminor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds ofcases.Every case should first be heard at the trial court. Then it can be appealed to the appellate court.Every state has its court of last resort.The structure of the federal system is similar. There are three levels of courts:(1) U.S. district courts(2) U.S. courts of appeals(3) the United States Supreme Court. Not like the other courts in federal systems which arecreated by congress, the Supreme Court is created by Constitution. There are a few specializedfederal courts4.To discuss the significance of jurisdiction.First, it can enable the participants to institute a legal proceeding in a specific way.Next, it makes justice understand the whole case easily. It is convenient for the parties take part in6/ 1the litigation.Finally, save legal resources and smooth the legal proceedings.5. To discuss the main characteristics of case law.it can ensure the consistence of decisions .Known also as the principle of stare dicisis. Past judicial decisions are formally and generallybinding for similar cases.Some precedents have greater weight than others. The weight of precedent is affected by theranking of court that decided it.Once a prior decision has been overruled, it continues to bind the particular parties; it is no longerauthoritative to the subsequent cases.a court is not bound to follow another state's precedents, but it will consider the outstatedecisions and, if their reasoning is persuasive, it can make use of them.6. To discuss the significance of case Marbury vs. Madison.it is a landmark case in the United States. It formed the basis for the exercise of judicial review.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to theplaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediateconcerns of the Republicans and sidestepped the controversy, but the great significance of the caselay in the Court's assumption that it has the final authority to determine whether any act isconstitutional., thus, profoundly enhancing the Court's authority.the case was the first strong pronouncement of the principle of judicial review, which is the powerof the Court to examine legislation and other acts of Congress.In a word, the case established the principle of judicial review , which has been a permanent andindispensable feature of United States constitutional system.So the constitutional scholars, by consensus, regard the case as the most important case theSupreme Court ever has decided.7. The main differences between substantive law and procedural law. Procedural law define the form and method by which legal rights are enforced. While substantivelaw define the legal rights themselves.The differences are as follows:ⅠThey contain different rules and substances.Substantive law provides for the rules about duties or rights. While procedural law sets rules aboutform or method.ⅡAlthough “pure”substantive rules and “pure”procedural rules exist, many rules are a mixture ofboth substance and procedure. Some rules seem to be procedural are adopted for substantivereasons; likewise, some rules seem to be substantive are adopted for procedural reasons. Ⅲprocedural law generally have more efficiency considerations.8. Whether the death penalty should be abolished in America.The Court points out that the use of the death penalty has a long history of acceptance both in theUS and in England , and it is apparent from the Constitution that the existence of capital punishmentwas accepted by the Framers. In the mean time we should assure that death penalty will not bewantonly imposed.it can be justified from the following grounds:(i) as a means of retribution against severe crimes(ii) as a deterrent to others;(iii) to prevent the criminal from re-offending;(iv) it's cheaper than keeping people in prison. It is not humanitarian . Opponents may argue:(i) killing someone is always wrong, and two wrongs can never make a right; 6/ 2(v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong .9. To discuss the importance of Miranda warningMiranda warning is a warning that is required to be given by police in the United States to criminalsuspects in police custody before they are interrogated to inform them about their constitutional rightsIt includes the right toremain silent; being clearly informed of that anything the person says will beused against that person in court; the right to consult with an attorney and to have that attorneypresent during questioning, if he or she is indigent, an attorney will be provided at no cost to representher or him.1.Miranda warning guarantees the constitutional rights of suspects during the criminalinvestigation. Those rights are mainly from the fifth and sixth amendments. 2.Due to this warning , suspects are well aware of their rights ,therefore, they can prevent thepolice from harming their legal rights.3.Miranda warning also help the suspects understand that he does not havethe responsibility toself-incriminate.4.It guarantees that an indigent suspect has access to the help of an attorney. In this sense,whether the suspects are poor or not, they will receive equitable treatment. 10. To discuss the function of voir direThe voir dire is the process used to select a jury.The prospective jurors are questioned about their backgrounds and potential biases before beingchosen into a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by twomethods: peremptory challenge: exclude a juror without having to specify a reason.and the challenge for cause.: we must demonstrate that the individual cannot be impartial orcannot handle the responsibility of making a rational decision.Jurors can be excluded by these reasons:1)have already formed an opinion about the guilt or innocence of the accused;2)are related to any of the parties or legal actors in the case;3)are physically or mentally impaired to the extent that the impairment will interfere with theirdecision-making process or4) are considered to be incapable of remaining impartial until the case is presented.11. To discuss what the appellate courts focus on and whether it is properAppellate courts review the action of the lower judicial tribunals. Actually, the scope of judicialreview is relatively narrow; it does not retry the case on the merits, and it does not substitute its idea ofjustice for those of the trial court; what it does is to review the record of the proceedings to determinewhether the lower court committed error on its procedure or in applying the substantive law to the factsof the case.They will only look at such documents: the pleadings, the transcript of testimony, the exhibitsentered into trial and the trial court's decisions. No additional testimony is taken. No new evidence issubmitted.In most states, there are two kinds of appellate court, the intermediate appellate court and thecourt of last resort. If everyone appeals their cases to a higher court, the appellate courts'workload will be tremendous, therefore, it is necessary to set up an intermediate appellate court.In my opinion, it is necessary to restrict the scope of judicial review. If the appellate courts retryevery case, it would be a waste of judicial resources and make them unable to give their full attentionto the novel and socially important controversies.12. What's the differences between the torts and crimes? ⅠNatureA crime is considered to be a wrong against the whole society, whereas a tort is a wrong againstan individual.6/ 3ⅡThe persons who actually prosecute the case.When crimes occur, State prosecutors/district attorneys. For tort claims, the injured party willprosecute the case. ⅢPunishmentsOne who commits a crime may be subject to such punishments as death penalty, imprisonment,forfeiture and fines. Except for fines, the above remedies are not available in tort law; compensatorydamages and punitive damages are the most common punishments. However, some acts or omissions may be both criminal offenses and tortious ones. For instance, ifone individual intentionally punches somebody, a crime may be committed, and the injured party willsue the defendant in a civil action.13. To discuss the process of the creation of case lawAs the name “case law”suggests, a collection of particular decisions, generate rules of generalapplication, namely case law.From the point of view of parties to a lawsuit, what matters is the immediate outcome. However, inthe view of judges, lawyers, the decisions take on broader perspective. Later judges will look to prior,similar decisions.It is a feature of the common law system that past judicial decisions are formally and generallybinding for the disposition of similar present controversies. However, if a former decision has beenoverruled by a higher court, it is no longer authoritative to subsequent cases.A series of decisions of former cases does not of course in itself constitute a system of law. Butrules of law arise sooner or later out of such decisions. When such rules are taken as normative forfuture disputes, we have a legal system of precedent.There is also another factor affecting this process: sense of justice requires that all men aretreated alike in like circumstances.14. To discuss the differences between the binding precedents and persuasive precedentsBinding precedent is the precedent that a court must follow (it is law). There are two requirementsmust be met: these former decisions are in the same jurisdiction as that court. And the courts whichrendered these decisions are in the same level as that court or higher.In contrast, persuasive precedent is precedent that a court need not follow (it is not law, maybe persuasive because it suggests a line of reasoning and can be made use of as guidance andjustification). All prior judicial decisions outside of that court's jurisdiction or from a lower court areconsidered to be persuasive only.15. To discuss the different roles of judge and attorneys in courtFirst of all, judges have authority to decide questions of law and fact in civil law system and onlyquestion of law in common law system. Attorneys only have right to show their evidence to convincethe judges, but can't decide cases at last.Second, the status is different. Judges have educational background, experiences and power todecide cases finally. So judges are more respectable and get more honor in court. Attorneys are legalpractitioner, only can advise judge and jury how to decide cases. So they are inferior to judges incourt.16. To discuss whether it is reasonable to choose common people as jurorsIt is reasonable to choose common people as jurors.With the participation of common people, the trial will become more impartial, because it's moredifficult to bribe the jurors than the judges.We can avoid the professional prejudice of the judges in the trial, which is formed in the long-termadjudication.It also reflects the democratization in the judicial system.But common people may be too emotional and sensitive. These will affect their judgments about a6/ 4specific case.Compared with experts, they are easier to be misled by lawyers.17. To discuss the differences between motive and intentMotive and intent have different legal meanings.ⅠMotive is the cause or reason that moves the will and induces action. It represents the stimulus forbehavior. Intent relates to the state of mind at the time of the commission of the unlawful act.Ⅱthe prosecutor is not required to prove the defendant's motive for behavior and the failure to do sodoes not mean the jury will vote for acquittal.And failures to establish an unlawful intent almost certainly result in acquittal.Ⅲthe motive may help to establish a justifiable reason for the illegal behavior. But a good motive doesnot necessarily acquit the suspect.18. To discuss the significance of the case Furman vs. GeorgiaIt is a mile stone in American history of death penalty. Before this case, capital punishment waswidely accepted. After this case, roughly two-thirds of the states promptly redrafted their capitalsentencing statutes.As the justice Marshall pointed out, the burden of capital punishment falls upon the poor, theunderprivileged people, who are least able to voice their complaint. After this case, situation haschanged; it is a big stride towards equity.As we all know, death penalty differs from other punishments because of its severity and it isirrevocable.Although the U.S. did not abolish the death penalty, this case makes the capital punishmentimposed in a strict way.The death penalty can no longer be imposed in an arbitrary or capricious manner.19. To discuss the importance of due process in criminal procedure.Due process means that accused person in criminal cases must be accorded certain rights and theywill be tried according to legal procedures.Importance:1.it is based on such a premise that freedom is so valuable, we must protect it from illegal invasion.2. protect the defendants against having to self-incriminate, being subjected to double jeopardy.Guarantee the trial is evenhanded to a large extent.3. as we know, it is better to free guilty persons than to convict innocent ones. Safeguarding the rightsof the citizenry.4. it's helpful to establish an elaborate legal system in order to minimize wrongful results.5.place limitations on government's power to investigate and apprehend persons suspected ofcommitting crimes.20. To discuss the difference between information, complaint and indictment.the bill of information is an accusation presented directly by the prosecutor without a grand juryindictment. . If the magistrate accepts the information, the defendant is bound over for trial.The complaint, a legal document in which the plaintiff gives the facts and reasons for the suit..An indictment is a formal accusation that identifies the specific charges against a suspect.Difference:Compared with information, complaint is often associated with misdemeanor criminal chargespresented by the prosecutor without the grand jury process.2. Both information and complaint are presented by prosecutors, who file a charging documentdirectly with the court, while indictment must be made by grand jury.21. To discuss the difference between verdict , judgment and sentencingFirst of all, verdict is used to solve substantive issues; judgment can solve both substantive andprocedural issues.6/ 5second，in one case, there is only one judgment , but maybe many verdicts, besides, judgment can only be rendered in written, however, written and oral verdict are bothappropriate.if the accused is found guilty, the sentencing stage follows.22. to explain the difference between the proof by preponderance of evidence and proofbeyond a reasonable doubtPreponderance of evidence is based on all of the evidence presented. On this standard, we mayestablish such belief that it is more likely than not that the individual has committed a crime.This standard is used in some jurisdictions for preliminary hearing and issuance of information.However, proof beyond a reasonable doubt considers all evidence. On this standard, we believethat the individual is clearly guilty; we can use the evidence to convict a suspect.23. To discuss the main characteristics of adversary system1. requires the parties to begin the lawsuit, define the issues, develop proof in support of theirpositions, present that proof to a court.2.the parties try to present their evidence in the best possible light and the opponent's evidence inthe worst possible light.3.this system assumes that parties will develop and present their cases more efficiently than apublic agent with no interest in the outcome.wyers act as advocates for the parties.5.it also assumes that the financial resources available to each side are relatively equal.6.the judge's role is reactive. He play a limited, nonintrusive role in the investigation and litigation.Defect:7.but the parties may tend to mislead the judge8.different lawyers have different competence.24. To discuss a lawyer's work before actually filing a complaintThe “client,”when he first comes to a lawyer, does not have a case; he has a problem. Thelawyer's first task is to ascertain “the facts.”This task is crucial, and it is not as easy as it sounds, evenin simple situations. Clients are prone to misunderstanding, misimpression, and faulty recollection.Sometimes clients lie, and even when they aim at the truth.Next, you will need to determine if these facts state a claim under the applicable law. In manyinstances, the existence of a legal violation will be clear. But in other cases, it is not.At last, if you are satisfied that the facts can be proved, and they constitute a legal violation ,youwill now have to determine in what court you will “bring your action.”6/ 6。
法律英语试卷B卷
一、将下列英文单词和词语翻译成汉语(共15小题,每小题2分,共30分)。
1、legal system2、appellant3、bar examination4、burden of proof5、buy-sell agreement6、civil law7、common law8、complete grant of power9、contract law10、convey11、corporation law12、creating contract13、death penalty14、family court15、husband-wife relation二、将下列词和词语翻译成英语(共15小题,每小题2分,共30分)。
1、国际经济法2、投资证券3、法理学4、法律职业5、婚姻法6、谋杀7、过失杀人(罪)8、推翻9、合伙10、检察官11、证据规则12、制定法13、提请注意14、起诉书15、诉讼请求三、将下列英文句子翻译成汉语(共2小题,每小题10分,共20分)。
1、Forbid transfers of shares without the consent of other shareholders.2、“Judicial officers" refers to persons who exercise the functions of investigation, prosecution, adjudication and supervision and control.四、将下列英文短文翻译成汉语(1小题,共20分)。
Congress shall make no law（5分） respecting an establishment of religion, or prohibiting the free exercise thereof; （5分） or abridging the freedom of speech, or of the press; （5分）or the right of the people peaceably to assemble, and to petition the government for a redress of grievances。
本科法学英语4试题及答案
本科法学英语4试题及答案一、选择题（每题2分，共20分）1. Which of the following is NOT a basic principle of contract law?A. Offer and acceptanceB. ConsiderationC. Legality of the subject matterD. Presence of a written document2. In the context of criminal law, what is the term "mens rea" referring to?A. The actus reusB. The guilty actC. The guilty mindD. The burden of proof3. Which of the following is a fundamental human right?A. The right to privacyB. The right to own propertyC. The right to voteD. All of the above4. What is the legal term for a person who is not a party toa lawsuit but whose rights may be affected by the outcome?A. PlaintiffB. DefendantC. Third partyD. Witness5. In which area of law does the concept of "actus reus" apply?A. Property lawB. Contract lawC. Criminal lawD. Family law6. What is the term used to describe the legal responsibility for one's actions?A. Vicarious liabilityB. Joint liabilityC. Personal liabilityD. Contributory negligence7. Which of the following is a requirement for a valid will?A. It must be in writingB. It must be signed by two witnessesC. It must be notarizedD. The testator must be of sound mind8. What is the legal term for a dispute between parties that is resolved through a formal hearing?A. LitigationB. ArbitrationC. MediationD. Negotiation9. Who has the authority to interpret the constitution in a country?A. The parliamentB. The executiveC. The judiciaryD. The citizens10. Which of the following is NOT considered a form of intellectual property?A. TrademarksB. CopyrightsC. PatentsD. Trade secrets二、填空题（每题1分，共10分）11. The ________ rule in criminal law states that there must be a direct causal link between the defendant's actions and the criminal offense.12. A contract is said to be void if it is based on ________ or illegality.13. The right to a fair trial is protected under the ________ of the Universal Declaration of Human Rights.14. In property law, the term "easement" refers to a right to use someone else's land for a specific purpose without possessing it.15. A ________ is a legal document issued by a court that orders a person to do or refrain from doing a certain act. 16. The principle of "innocent until proven guilty" is a cornerstone of ________ law.17. A person who is not a citizen but is allowed to live and work in a country is known as a(n) ________.18. The doctrine of "stare decisis" is a fundamentalprinciple of ________ law.19. A "tort" is a civil wrong that causes a claimant tosuffer loss or harm, for which the law provides a remedy inthe form of ________.20. The process by which a higher court reviews the decisionof a lower court is known as ________.三、简答题（每题5分，共20分）21. Explain the concept of "due process" in legal proceedings.22. What are the elements of a valid contract?23. Describe the difference between a "public" and a "private" law.24. What are the rights of a suspect during a criminal investigation?四、案例分析题（共30分）25. Mr. Smith is the owner of a small factory. One day, afire breaks out in the factory, which is suspected to have been caused by a faulty electrical system. The fire spreadsto neighboring properties, causing significant damage.Analyze the legal implications for Mr. Smith under both criminal and civil law. (10分)26. Ms. Johnson is a renowned author who recently published a novel that has become a bestseller. However, another author, Mr. Brown, claims that Ms. Johnson's novel is a copy of his unpublished manuscript. Mr. Brown decides to sue Ms. Johnson for copyright infringement. Discuss the legal principles that would apply in this case and the possible outcomes. (10分) 27. A company is facing a class action lawsuit for selling a product that allegedly causes health issues. The company's defense is that they were not aware of the product's harmful effects. Discuss the legal concept of "negligence" and how it might apply to this case. (10分)五、论述题（共20分）28. Discuss the importance of international law in the context of global trade and diplomacy.答案：一、选择题1-5 D C D C。
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。
法律英语与国际合同考核试卷
2.如果合同中规定了______条款，那么在特定条件下，一方可以因为对方的违约行为而取消合同。
（）
3.合同的______条款通常规定了合同终止后哪些条款仍然有效。
（）
4.在国际货物销售合同中，______是指卖方将货物交给承运人并承担运输风险的时间点。
（）
5.当一方在合同中做出______时，意味着他们保证某个陈述是真实的，并且如果该陈述不真实，可能导致合同被取消。
C. Unlimited liability
D. Shared liability
11.以下哪个词表示“赔偿”在法律英语中？( )
A. Indemnity
B. Compensation
C. Damages
D. Remedy
12.关于合同条款的解释，以下哪个原则通常适用？( )
A. Literal interpretation
7.保密协议只在一方泄露了另一方的商业秘密时才生效。（）
8.合同的修改必须以书面形式进行，口头修改无效。（）
9.国际合同中的“汇率风险”通常由卖方承担。（）
10.在法律英语中，“waiver”和“estoppel”是相同的概念，都指一方放弃了追究对方违约责任的权利。（）
五、主观题（本题共4小题，每题5分，共20分）
20.以下哪个词汇在法律英语中指代“保险”？( )
A. Assurance
B. Indemnity
C. Insurance
D. Coverage
（请注意，本试卷的答案及评分标准需由专业人士根据实际教学要求制定。）
二、多选题（本题共20小题，每小题1.5分，共30分，在每小题给出的四个选项中，至少有一项是符合题目要求的）
A.合同目的实现
法律英语证书(LEC)全国统一考试样题试卷一
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 aremedy.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 i n 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 his preparation 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 citizen of 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 knownto 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 followingtort(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 ofNew 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。
法律英语考试试题及答案
法律英语考试试题及答案Introduction:Legal English plays a crucial role in the legal profession, as it requires a comprehensive understanding of legal concepts, terms, and vocabulary in both English and the specific legal system. This article will provide a detailed analysis of various legal English exam questions and their corresponding answers. Through this examination, readers will gain a deeper understanding of legal English and enhance their proficiency in this field.Question 1: Explain the term "due diligence" in the context of contract law.Answer:Due diligence refers to the careful and thorough examination or investigation undertaken by a party before entering into a contract. It involves a comprehensive analysis of the terms, conditions, and obligations set forth in the contract. The purpose of due diligence is to ensure that both parties have a clear understanding of their rights and responsibilities, as well as to identify any potential risks or liabilities associated with the contract. By conducting due diligence, parties can make informed decisions and minimize the possibility of disputes or legal issues arising in the future.Question 2: Discuss the concept of "force majeure" in international law.Answer:Force majeure, also known as an "act of God" or "superior force," refers to an unforeseeable event or circumstance that prevents a party fromfulfilling its contractual obligations. These events are typically beyond the control of the party involved and cannot be reasonably anticipated or avoided. Examples of force majeure events may include natural disasters, wars, riots, or government actions. In international law, force majeure clauses are commonly included in contracts to protect parties from the consequences of unforeseen events. These clauses typically provide relief or exemption from contractual obligations in the event that a force majeure event occurs, allowing the affected party to suspend or terminate their obligations under the contract.Question 3: Define the term "judicial precedent" in common law systems.Answer:Judicial precedent, also known as stare decisis, is a fundamental principle in common law systems. It refers to the legal doctrine in which the decisions made by higher courts become binding on lower courts within the same jurisdiction. Under this principle, lower courts must follow the legal reasoning and interpretations of the higher courts in previous cases that are similar in nature. Judicial precedent ensures consistency, predictability, and stability in the legal system, as it allows for the uniform application of the law and the development of legal principles over time. However, it is important to note that judicial precedent can be overruled or distinguished when there are significant differences in factual circumstances or legal principles involved.Question 4: Explain the concept of "vicarious liability" in tort law.Answer:Vicarious liability is a legal principle that holds one party responsible for the actions or omissions of another party, even if they themselves did not commit any wrongdoing. This concept often arises in employer-employee relationships, where employers can be held liable for the actions of their employees performed within the scope of their employment. Vicarious liability is based on the idea that employers have a duty of care to ensure that their employees act responsibly and do not cause harm to others. By imposing vicarious liability, the law aims to provide a remedy for victims and encourage employers to exercise proper control and supervision over their employees.Conclusion:Understanding legal English is crucial for professionals in the legal field, as it enables effective communication and interpretation of legal concepts and principles. This article has provided an insightful analysis of various legal English exam questions, encompassing contract law, international law, common law systems, and tort law. By gaining a comprehensive understanding of these topics, aspiring legal professionals can enhance their knowledge and proficiency in legal English, thus paving the way for successful careers in the legal industry.。
法律英语模拟试题及答案
法律英语模拟试题及答案一、选择题（每题1分，共10分）1. Which of the following is NOT a legal document?A. ContractB. WillC. DeedD. Memo2. The term "pro se" refers to a person who represents themselves in a legal matter without the assistance of an attorney. What is the equivalent term in Latin?A. Per seB. Ex parteC. Pro seD. Ad hoc3. In legal terms, "res ipsa loquitur" means:A. The thing speaks for itself.B. The case is closed.C. The matter is settled.D. The evidence is clear.4. What is the term for a legal principle that allows a court to consider the facts of a case to determine the law?A. Stare decisisB. PrecedentC. Judicial noticeD. Fact-finding5. Which of the following is NOT a type of legal system?A. Common lawB. Civil lawC. Religious lawD. Equitable law6. The phrase "habeas corpus" is used to challenge:A. The legality of detention.B. The validity of a contract.C. The jurisdiction of a court.D. The admissibility of evidence.7. The term "actus reus" in criminal law refers to:A. The guilty mind.B. The guilty act.C. The motive for the crime.D. The opportunity for the crime.8. In the context of a legal dispute, "burden of proof" refers to:A. The responsibility to prove a claim or defense.B. The responsibility to pay legal fees.C. The responsibility to provide evidence.D. The responsibility to show up in court.9. "Caveat emptor" is a legal principle that means:A. Let the buyer beware.B. Let the seller beware.C. The contract is void.D. The transaction is complete.10. The term "precedent" in legal terms means:A. A legal principle or rule established in a previous legal case.B. A legal document that sets a standard.C. A legal agreement between parties.D. A legal decision that is final.二、填空题（每题1分，共5分）11. A legal document that outlines the terms and conditions of a sale is called a(n) ______.12. The legal principle that states that a person is innocent until proven guilty is known as ______.13. The term "eminent domain" refers to the power of the state to take private property for ______.14. In legal terms, "estoppel" is a principle that prevents a person from denying the truth of a previous ______.15. A "plea bargain" is an agreement in a criminal case where the defendant agrees to plead guilty to a lesser charge in exchange for a ______.三、简答题（每题5分，共20分）16. Define the term "due process" in the context of legal proceedings.17. Explain the concept of "joint and several liability" in the context of a legal claim.18. What is the purpose of a "cease and desist" letter in legal disputes?19. Describe the role of a "guardian ad litem" in a legal case involving a minor.四、案例分析题（每题15分，共30分）20. A company is being sued for copyright infringement. The company claims that they were not aware of the infringement and that it was an honest mistake. Discuss the possible defenses the company might raise and the likelihood of their success.21. A landlord is suing a tenant for unpaid rent. The tenant claims that the apartment was uninhabitable due to a leaking roof and poor heating. Analyze the tenant's potential defenses and the possible outcomes of the case.五、论述题（15分）22. Discuss the importance of understanding legal English in the context of international business transactions. Include examples of common legal terms and their implications in contracts.答案：一、选择题1-5: D C A D C6-10: A B B A A二、填空题11. Contract12. Presumption of innocence13. public use14. representation15. reduced sentence三、简答题16. Due process refers to the fundamental, constitutionalright of all individuals to receive fair treatment by the justice system. It includes the right to notice, the right to be heard, and the right to a fair and impartial tribunal. 17. Joint and several liability means that in a legal claim, each party responsible for the harm caused can be held liable for the entire amount of the damages, regardless of their individual contribution to the harm.18. A cease and desist letter is a formal warning sent by one party to another, demanding that the recipient stop an。
法考英语试题及答案
法考英语试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a basic principle of the rule of law?A. Equality before the lawB. Legal supremacyC. Arbitrary powerD. Legal certainty2. The legal system of China is based on:A. The ConstitutionB. The Criminal LawC. The Civil LawD. The Administrative Law3. In the context of legal proceedings, which of the following is a fundamental right of the defendant?A. The right to remain silentB. The right to a fair trialC. The right to appealD. All of the above4. According to the principle of "innocent until proven guilty," the burden of proof lies with:A. The defendantB. The prosecutionC. The judgeD. The jury5. What is the term for the legal process of formally charging a person with a crime?A. ConvictionB. IndictmentC. SentencingD. Appeal二、填空题（每题1分，共10分）6. The ________ is the highest legislative body in China.7. The ________ is the basic law of the People's Republic of China.8. A legal contract is valid when it meets the requirements of ________, capacity, and form.9. The principle of ________ means that the law applies toall individuals equally.10. The ________ is the process of formally accusing someone of a crime in a court of law.三、简答题（每题5分，共20分）11. Explain the concept of "due process of law."12. What are the key elements of a valid contract?13. Describe the role of a public prosecutor in the criminal justice system.14. Discuss the importance of the presumption of innocence ina criminal trial.四、案例分析题（每题15分，共30分）15. Case Study: A man is accused of theft. He is arrested and detained without being informed of his rights. Discuss the potential legal issues with the arrest and detention process.16. Case Study: A company enters into a contract with a supplier, but the supplier fails to deliver the goods as agreed. Analyze the possible legal remedies available to the company.五、论述题（每题30分，共30分）17. Discuss the significance of the rule of law in a democratic society, including its impact on individual rights and the functioning of the government.答案：一、选择题1. C2. A3. D4. B5. B二、填空题6. National People's Congress7. Constitution8. legality9. equality10. prosecution三、简答题11. Due process of law refers to the legal procedures that must be followed in legal proceedings to ensure fairness and justice.12. Key elements of a valid contract include offer, acceptance, consideration, and mutual assent.13. The role of a public prosecutor includes investigating crimes, bringing charges against suspects, and presenting evidence in court.14. The presumption of innocence is crucial in a criminaltrial as it places the burden of proof on the prosecution and ensures that the accused is treated fairly.四、案例分析题15. The arrest and detention without informing the suspect of his rights may violate the principle of due process and the suspect's right to be informed of the charges against him. 16. Legal remedies for the company may include seeking specific performance, claiming damages, or rescinding the contract.五、论述题17. The rule of law is essential in a democratic society as it ensures that all individuals and institutions are subject to and equal before the law. It protects individual rights by providing a framework for resolving disputes and governs the actions of the government, preventing abuse of power and promoting accountability.。
法律英语试卷试题及答案
法律英语试卷试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a legal term?A. ContractB. TortC. EquityD. Agreement2. The term "pro se" refers to a person who represents themselves in a legal proceeding without the assistance of an attorney. True or False?3. What does the abbreviation "LLC" stand for in the context of business law?A. Limited Liability CompanyB. Large Legal ContractC. Local Legal CouncilD. Legal Liability Certificate4. Which of the following is a type of legal document?A. MemorandumB. Memorandum of Understanding (MOU)C. Both A and BD. Neither A nor B5. The principle of "stare decisis" is most closely associated with which legal system?A. Civil lawB. Common lawC. Religious lawD. International law6. What is the term for the legal process of resolving disputes outside the court system?A. LitigationB. MediationC. ArbitrationD. Negotiation7. In the context of intellectual property law, "patent" refers to:A. A right to exclude others from making, using, or selling an inventionB. A document that grants ownership of a work of literature or artC. A legal document that protects a brand name or logoD. A license to practice a profession8. Which of the following is a fundamental principle of criminal law?A. Presumption of innocenceB. Right to a fair trialC. Both A and BD. Neither A nor B9. The term "precedent" in legal English refers to:A. A legal principle or rule established in a previous case that is binding in courtB. A document that outlines the facts of a caseC. A legal agreement between partiesD. A formal request for a court to review a case10. What does the term "actus reus" mean in criminal law?A. The guilty mindB. The wrongful actC. The criminal intentD. The legal defense二、填空题（每空1分，共10分）11. In legal English, "due process" refers to the fundamental legal rights that must be observed to ensure a fair trial.- The term "due process" is derived from the Latin phrase "due process of law."12. A "writ" is a formal written order issued by a court, typically directed to someone other than the parties in a case.- An example of a writ is a "writ of _habeas corpus_."13. The term "negligence" in tort law refers to the failure to exercise the degree of care that a reasonable person would exercise in the same situation to prevent harm to others.- In order to establish negligence, a plaintiff must prove the defendant's duty of care, breach of that duty, causation, and _damages_.14. "Probate" is the legal process by which a will is proved to be valid or invalid.- The court that oversees probate proceedings is known as the _probate court_.15. "Jurisdiction" refers to the authority of a court to hear and decide cases.- There are different types of jurisdiction, including_personal jurisdiction_, subject matter jurisdiction, and territorial jurisdiction.三、简答题（每题5分，共20分）16. Define "actus reus" and "mens rea" in the context of criminal law.17. Explain the concept of "joint and several liability" in tort law.18. What is the difference between "specific performance" and "damages" as remedies in contract law?19. Describe the process of "discovery" in civil litigation.四、案例分析题（每题15分，共30分）20. Case Study: A company has been accused of patent infringement. The company argues that they were not aware of the patent and therefore should not be held liable. Discuss the legal principles that may apply to this case and the possible outcomes.21. Case Study: A tenant has been evicted from their apartment without proper notice. The tenant claims that the eviction was unlawful. Analyze the relevant legal provisions and discuss the tenant's potential remedies.五、论述题（共20分）22. Discuss the role of language in legal interpretation and the challenges it presents. Provide examples to support your argument.参考答案：一、选择题1-5: D T A B B6-10: B C A B B二、填空题11. "due process of law"。
法律英语试题
法律英语试题库说明：法律英语试题库共分两部分，第一部分为普通法律英语部分，侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。
第二部分为涉外法律英语部分，侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。
Part One：普通法律英语部分I．Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit).( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 2A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution( )11. Laws or written rules which are passed by Parliament and implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, and adjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carrying laws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A．separate property F. adulteryB．bigamy G. beneficiaryC．custody H. separationD．heir I. necessariesE．nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriage during a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate to an incompetent person's station in life, yet not available or provided by parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone other than the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.。
法律英语试题库及答案
法律英语试题库及答案一、单选题（每题2分，共20分）1. Which of the following is the correct translation of "plaintiff" in legal English?A. 被告B. 原告C. 证人D. 律师答案：B2. The term "due diligence" in legal context typically refers to:A. 尽职调查B. 尽责调查C. 尽职尽责调查D. 尽职尽责尽责调查答案：A3. In legal English, "contract" is often used to refer to:A. 合同B. 契约C. 协议D. 协议书答案：A4. The phrase "in consideration of" is commonly used in legal documents to mean:A. 鉴于B. 考虑到C. 由于D. 因为答案：B5. Which of the following is not a type of intellectual property?A. 商标B. 专利C. 版权D. 商业秘密答案：D6. The term "tort" in legal English refers to:A. 侵权行为B. 犯罪行为C. 合同违约D. 民事纠纷答案：A7. "Jurisdiction" in legal English means:A. 管辖权B. 审判权C. 执行权D. 立法权答案：A8. The abbreviation "LLC" stands for:A. Limited Liability CompanyB. Limited Legal CompanyC. Legal Liability CompanyD. Legal Limited Company答案：A9. "Probate" in legal English refers to the process of:A. 遗嘱认证B. 遗嘱执行C. 遗嘱公证D. 遗嘱登记答案：A10. "Statute" in legal English is used to denote:A. 法规B. 法律C. 法令D. 条例答案：B二、填空题（每题2分，共20分）1. The legal term for a formal written statement submitted toa court is a(n) _____________.答案：brief2. A(n) _____________ is a legal document that outlines the terms and conditions of a contract.答案：agreement3. The process of challenging the validity of a will is known as _____________.答案：contest4. A(n) _____________ is a legal professional who represents clients in court.答案：attorney5. The term _____________ refers to the legal principle that no one may profit from their own wrongdoing.答案：unclean hands6. A(n) _____________ is a legal document that grants a person the authority to act on behalf of another.答案：power of attorney7. The legal term for a formal written request to a court is a(n) _____________.答案：petition8. A(n) _____________ is a legal document that provides evidence of a debt.答案：promissory note9. The legal term for a formal written order from a court is a(n) _____________.答案：decree10. A(n) _____________ is a legal document that outlines the terms and conditions of a sale of real estate.答案：deed三、判断题（每题2分，共20分）1. The term "lien" in legal English refers to a legal claim on property to secure the payment of a debt. (对/错)答案：对2. "Negligence" in legal English means the failure to exercise reasonable care, resulting in harm to another. (对/错)答案：对3. "Indemnity" in legal English refers to the right to be compensated for a loss or damage suffered. (对/错)答案：对4. A "writ" is a legal document issued by a court that ordersa person to do or refrain from doing a specific act. (对/错) 答案：对5. "Affidavit" in legal English is a written statement of facts voluntarily made by a person under oath. (对/错)答案：对6. "Misdemeanor" in legal English refers to a less serious crime than a felony. (对/错)答案：对7. "Arbitration" is a form of alternative dispute resolution where a neutral third party makes a binding decision. (对/错) 答案：对8. "Eminent domain" refers to the power of the government to take private property for public use without compensation. (对/错)答案：错9. "Venue" in legal English refers to the geographical location where a legal action is brought. (对/错)答案：对10. "Custody" in。
《法律英语》试卷
《法律英语》考试卷（A）（2020 ----2021学年第一学期）考试形式闭卷使用学生00916班考试时间90分钟出卷时间2021年1 月 5 日说明：考生应将全部答案都写在答题纸上，否则作无效处理。
I. Write out the legal English terminology matching with the following Chinese phrases.写出与下列汉语词语相对应的法律英语术语（10分）1.原告plaintiff； 2.被告defendant； 3.上诉人appellant； 4.陪审员Juror； 5.仲裁arbitration； 6.上诉appeal；7.维持原判Uphold the original verdict；8.最高院Supreme Court；9.法律冲突Conflict of laws；10.普通法系Common law systemII. Case analysis.案例分析（40分）ommissions including Marbury in 1800. The later sues Madison to Federal Supreme Court. The chief Madison as a new secretary of state , hearing new president Jefferson’s order, detains 17 judge cjudge Marshall deal the dispute wisely. Although Marbury hasn’t got any relief from court, Madison’s illegal action receives no punishment, and Federal Supreme Court hasn’t trial the case, the case is the most important one in America judicial system, especially to the establishment of three powers’check and balance system and to great America constitution. Analyze the case and show your own opinion.III.System comparing. 制度比较（25分）write the main actions and tasks which a judge should do in a trial in American court. And comparing the judge’s work between common law system and civil law system.写出美国法院审判中，法官所做的行为和索要完成的主要任务。
法律英语试卷
1. To discuss the differences between the civil law system and the common law system.Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation.Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.Ⅴ Since theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judge’s decision is more important.ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses.2. To discuss the main differences between American and Chinese law school teaching.ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree.Ⅱ The teaching methodIn USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class.In China, the professor exposes the law to his students, who take notes and do not intervene in class.Ⅲ Cases vs. DoctrinesIn the USA, students’ textbook contains lots of cases and decisions made by the judges.In China, The textbook involves many doctrines, concepts and theories.3.To discuss the main features of the American court systemThere are fifty-two court systems in the U.S. each state has its own system of courts, one for the District of Columbia and a federal system.In the state court systems, court structures vary from state to state. But they all exhibit a hierarchical structure; decisions of lower courts may be reviewed by higher courts. A state system includes:1) Trial courts of inferior jurisdiction2) trial courts of general jurisdiction3) appellate courtsThe trial courts of inferior jurisdiction hear civil litigations involving small amounts of money and minor violations of the criminal law. While the trial courts of general jurisdiction can hear all kinds of cases.Every case should first be heard at the trial court. Then it can be appealed to the appellate court. Every state has its court of last resort.The structure of the federal system is similar. There are three levels of courts:(1) U.S. district courts(2) U.S. courts of appeals(3) the United States Supreme Court. Not like the other courts in federal systems which are created by congress, the Supreme Court is created by Constitution. There are a few specialized federal courts4.To discuss the significance of jurisdiction.First, it can enable the participants to institute a legal proceeding in a specific way.Next, it makes justice understand the whole case easily. It is convenient for the parties take part inthe litigation.Finally, save legal resources and smooth the legal proceedings.5. To discuss the main characteristics of case law.it can ensure the consistence of decisions .Known also as the principle of stare dicisis. Past judicial decisions are formally and generally binding for similar cases.Some precedents have greater weight than others. The weight of precedent is affected by the ranking of court that decided it.Once a prior decision has been overruled, it continues to bind the particular parties; it is no longer authoritative to the subsequent cases.a court is not bound to follow another state’s precedents,but it will consider the outstate decisions and, if their reasoning is persuasive, it can make use of them.6. To discuss the significance of case Marbury vs. Madison.it is a landmark case in the United States. It formed the basis for the exercise of judicial review.In this case, Chief Justice Marshall ruled that the Supreme Court could not grant relief to the plaintiff Marbury because it did not has the jurisdiction of the case. This satisfied the immediate concerns of the Republicans and sidestepped the controversy, but the great significance of the case lay in the Court’s assumption that it has the final authority to determine whether any act is constitutional., thus, profoundly enhancing the Court’s authority.the case was the first strong pronouncement of the principle of judicial review, which is the power of the Court to examine legislation and other acts of Congress.In a word, the case established the principle of judicial review , which has been a permanent and indispensable feature of United States constitutional system.So the constitutional scholars, by consensus, regard the case as the most important case the Supreme Court ever has decided.7. The main differences between substantive law and procedural law.Procedural law define the form and method by which legal rights are enforced. While substantive law define the legal rights themselves.The differences are as follows:ⅠThey contain different rules and substances.Substantive law provides for the rules about duties or rights. While procedural law sets rules about form or method.ⅡAlthough “pure” substantive rules and “pure” procedural rules exist, many rules are a mixture of both substance and procedure. Some rules seem to be procedural are adopted for substantive reasons; likewise, some rules seem to be substantive are adopted for procedural reasons.Ⅲprocedural law generally have more efficiency considerations.8. Whether the death penalty should be abolished in America.The Court points out that the use of the death penalty has a long history of acceptance both in the US and in England , and it is apparent from the Constitution that the existence of capital punishment was accepted by the Framers. In the mean time we should assure that death penalty will not be wantonly imposed.it can be justified from the following grounds:(i) as a means of retribution against severe crimes(ii) as a deterrent to others;(iii) to prevent the criminal from re-offending;(iv) it's cheaper than keeping people in prison. It is not humanitarian .Opponents may argue:(i) killing someone is always wrong, and two wrongs can never make a right;(v) mistakes are bound to happen, if you kill someone innocent , you can never correct this wrong . 9. To discuss the importance of Miranda warningMiranda warning is a warning that is required to be given by police in the United States to criminal suspects in police custody before they are interrogated to inform them about their constitutional rights It includes the right toremain silent; being clearly informed of that anything the person says will be used against that person in court; the right to consult with an attorney and to have that attorney present during questioning, if he or she is indigent, an attorney will be provided at no cost to represent her or him.1.Miranda warning guarantees the constitutional rights of suspects during the criminal investigation. Those rights are mainly from the fifth and sixth amendments.2.Due to this warning , suspects are well aware of their rights ,therefore, they can prevent the police from harming their legal rights.3.Miranda warning also help the suspects understand that he does not have the responsibility to self-incriminate.4.It guarantees that an indigent suspect has access to the help of an attorney. In this sense, whether the suspects are poor or not, they will receive equitable treatment.10. To discuss the function of voir direThe voir dire is the process used to select a jury.The prospective jurors are questioned about their backgrounds and potential biases before being chosen into a jury. The function is to select a jury acceptable to both sides. Jurors are excluded by two methods: peremptory challenge: exclude a juror without having to specify a reason.and the challenge for cause.: we must demonstrate that the individual cannot be impartial or cannot handle the responsibility of making a rational decision.Jurors can be excluded by these reasons:1)have already formed an opinion about the guilt or innocence of the accused;2)are related to any of the parties or legal actors in the case;3)are physically or mentally impaired to the extent that the impairment will interfere with their decision-making process or4) are considered to be incapable of remaining impartial until the case is presented.11. To discuss what the appellate courts focus on and whether it is properAppellate courts review the action of the lower judicial tribunals. Actually, the scope of judicial review is relatively narrow; it does not retry the case on the merits, and it does not substitute its idea of justice for those of the trial court; what it does is to review the record of the proceedings to determine whether the lower court committed error on its procedure or in applying the substantive law to the facts of the case.They will only look at such documents: the pleadings, the transcript of testimony, the exhibits entered into trial and the trial court’s decisions. No additional testimony is taken. No new evidence is submitted.In most states, there are two kinds of appellate court, the intermediate appellate court and the court of last resort. If everyone appeals their cases to a higher court, the appellate courts’ workload will be tremendous, therefore, it is necessary to set up an intermediate appellate court.In my opinion, it is necessary to restrict the scope of judicial review. If the appellate courts retry every case, it would be a waste of judicial resources and make them unable to give their full attention to the novel and socially important controversies.12. What’s the differences between the torts and crimes?Ⅰ NatureA crime is considered to be a wrong against the whole society, whereas a tort is a wrong against an individual.Ⅱ The persons who actually prosecute the case.When crimes occur, State prosecutors/district attorneys. For tort claims, the injured party will prosecute the case.Ⅲ PunishmentsOne who commits a crime may be subject to such punishments as death penalty, imprisonment, forfeiture and fines. Except for fines, the above remedies are not available in tort law; compensatory damages and punitive damages are the most common punishments.However, some acts or omissions may be both criminal offenses and tortious ones. For instance, if one individual intentionally punches somebody, a crime may be committed, and the injured party will sue the defendant in a civil action.13. To discuss the process of the creation of case lawAs the name “case law” suggests, a collection of particular decisions, generate rules of general application, namely case law.From the point of view of parties to a lawsuit, what matters is the immediate outcome. However, in the view of judges, lawyers, the decisions take on broader perspective. Later judges will look to prior, similar decisions.It is a feature of the common law system that past judicial decisions are formally and generally binding for the disposition of similar present controversies. However, if a former decision has been overruled by a higher court, it is no longer authoritative to subsequent cases.A series of decisions of former cases does not of course in itself constitute a system of law. But rules of law arise sooner or later out of such decisions. When such rules are taken as normative for future disputes, we have a legal system of precedent.There is also another factor affecting this process: sense of justice requires that all men are treated alike in like circumstances.14. To discuss the differences between the binding precedents and persuasive precedentsBinding precedent is the precedent that a court must follow (it is law). There are two requirements must be met: these former decisions are in the same jurisdiction as that court. And the courts which rendered these decisions are in the same level as that court or higher.In contrast, persuasive precedent is precedent that a court need not follow (it is not law, may be persuasive because it suggests a line of reasoning and can be made use of as guidance and justification). All prior judicial decisions outside of that court's jurisdiction or from a lower court are considered to be persuasive only.15. To discuss the different roles of judge and attorneys in courtFirst of all, judges have authority to decide questions of law and fact in civil law system and only question of law in common law system. Attorneys only have right to show their evidence to convince the judges, but can’t decide cases at last.Second, the status is different. Judges have educational background, experiences and power to decide cases finally. So judges are more respectable and get more honor in court. Attorneys are legal practitioner, only can advise judge and jury how to decide cases. So they are inferior to judges in court.16. To discuss whether it is reasonable to choose common people as jurorsIt is reasonable to choose common people as jurors.With the participation of common people, the trial will become more impartial, because it’s more difficult to bribe the jurors than the judges.We can avoid the professional prejudice of the judges in the trial, which is formed in the long-term adjudication.It also reflects the democratization in the judicial system.But common people may be too emotional and sensitive. These will affect their judgments about aspecific case.Compared with experts, they are easier to be misled by lawyers.17. To discuss the differences between motive and intentMotive and intent have different legal meanings.Ⅰ Motive is the cause or reason that moves the will and induces action. It represents the stimulus for behavior. Intent relates to the state of mind at the time of the commission of the unlawful act.Ⅱ the prosecutor is not required to prove the defendant’s motive for behavior and the failure to do so does not mean the jury will vote for acquittal.And failures to establish an unlawful intent almost certainly result in acquittal.Ⅲ the motive may help to establish a justifiable reason for the illegal behavior. But a good motive does not necessarily acquit the suspect.18. To discuss the significance of the case Furman vs. GeorgiaIt is a mile stone in American history of death penalty. Before this case, capital punishment was widely accepted. After this case, roughly two-thirds of the states promptly redrafted their capital sentencing statutes.As the justice Marshall pointed out, the burden of capital punishment falls upon the poor, the underprivileged people, who are least able to voice their complaint. After this case, situation has changed; it is a big stride towards equity.As we all know, death penalty differs from other punishments because of its severity and it is irrevocable.Although the U.S. did not abolish the death penalty, this case makes the capital punishment imposed in a strict way.The death penalty can no longer be imposed in an arbitrary or capricious manner.19. To discuss the importance of due process in criminal procedure.Due process means that accused person in criminal cases must be accorded certain rights and they will be tried according to legal procedures.Importance:1.it is based on such a premise that freedom is so valuable, we must protect it from illegal invasion.2. protect the defendants against having to self-incriminate, being subjected to double jeopardy. Guarantee the trial is evenhanded to a large extent.3. as we know, it is better to free guilty persons than to convict innocent ones. Safeguarding the rights of the citizenry.4. it’s helpful to establish an elaborate legal system in order to minimize wrongful results.5.place limitations on government’s power to investigate and apprehend persons suspected of committing crimes.20. To discuss the difference between information, complaint and indictment.the bill of information is an accusation presented directly by the prosecutor without a grand jury indictment. . If the magistrate accepts the information, the defendant is bound over for trial.The complaint, a legal document in which the plaintiff gives the facts and reasons for the suit..An indictment is a formal accusation that identifies the specific charges against a suspect. Difference:Compared with information, complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process.2. Both information and complaint are presented by prosecutors, who file a charging document directly with the court, while indictment must be made by grand jury.21. To discuss the difference between verdict , judgment and sentencingFirst of all, verdict is used to solve substantive issues; judgment can solve both substantive and procedural issues.second， in one case, there is only one judgment , but maybe many verdicts,besides, judgment can only be rendered in written, however, written and oral verdict are both appropriate.if the accused is found guilty, the sentencing stage follows.22. to explain the difference between the proof by preponderance of evidence and proof beyond a reasonable doubtPreponderance of evidence is based on all of the evidence presented. On this standard, we may establish such belief that it is more likely than not that the individual has committed a crime.This standard is used in some jurisdictions for preliminary hearing and issuance of information.However, proof beyond a reasonable doubt considers all evidence. On this standard, we believe that the individual is clearly guilty; we can use the evidence to convict a suspect.23. To discuss the main characteristics of adversary system1. requires the parties to begin the lawsuit, define the issues, develop proof in support of their positions, present that proof to a court.2.the parties try to present their evidence in the best possible light and the opponent’s evidence in the worst possible light.3.this system assumes that parties will develop and present their cases more efficiently than a public agent with no interest in the outcome.wyers act as advocates for the parties.5.it also assumes that the financial resources available to each side are relatively equal.6.the judge’s role is reactive. He play a limite d, nonintrusive role in the investigation and litigation.Defect:7.but the parties may tend to mislead the judge8.different lawyers have different competence.24. To discuss a lawyer’s work before actually filing a complaintThe “client,” when he fir st comes to a lawyer, does not have a case; he has a problem. The lawyer’s first task is to ascertain “the facts.” This task is crucial, and it is not as easy as it sounds, even in simple situations. Clients are prone to misunderstanding, misimpression, and faulty recollection. Sometimes clients lie, and even when they aim at the truth.Next, you will need to determine if these facts state a claim under the applicable law. In many instances, the existence of a legal violation will be clear. But in other cases, it is not.At last, if you are satisfied that the facts can be proved, and they constitute a legal violation ,you will now have to determine in what court you will “bring your action.”。
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?。
法律英语试题及答案
法律英语试题及答案一、单项选择题（每题2分，共10题，满分20分）1. Which of the following is not a legal term?A. PlaintiffB. DefendantC. LitigationD. Negotiation答案：D2. In legal English, "due process" refers to:A. A fair and just legal procedureB. A quick legal procedureC. A legal procedure without any delayD. A legal procedure with minimal paperwork答案：A3. The term "precedent" in law means:A. A previous case that sets a legal principleB. A document that records a legal decisionC. A legal principle that is not bindingD. A case that is not relevant to current legal issues 答案：A4. Which of the following is not a type of contract?A. Sales contractB. Employment contractC. Marriage contractD. Insurance contract答案：C5. "Tort" in legal English refers to:A. A civil wrongB. A criminal actC. A legal documentD. A legal remedy答案：A6. "Probate" is the legal process of:A. Dividing an estate after deathB. Filing a lawsuitC. Registering a trademarkD. Drafting a will答案：A7. "Jurisdiction" in law refers to:A. The authority to make legal decisionsB. The location of a courtC. The type of law being appliedD. The legal profession答案：A8. "Affidavit" is a legal document that:A. Is signed by a judgeB. Is a sworn statement of factsC. Is a request for a court orderD. Is a legal opinion答案：B9. "Statute" is a type of law that is:A. Created by judgesB. Passed by a legislative bodyC. Based on common lawD. Enforced by the executive branch答案：B10. "Moot" in legal context means:A. Unimportant or irrelevantB. A legal argumentC. A type of lawsuitD. A legal document答案：A二、填空题（每题2分，共5题，满分10分）1. A legal dispute that is not resolved by negotiation or mediation may proceed to ________.答案：litigation2. The ________ of a contract is the formal agreement between parties.答案：execution3. A ________ is a person who has been granted the authorityto act on behalf of another.答案：agent4. The ________ is the highest court in many legal systems.答案：supreme court5. A ________ is a legal document that outlines the terms ofa contract.答案：deed三、阅读理解题（每题3分，共3题，满分9分）阅读以下段落，并回答问题。
法律英语试卷
1. To discuss the differences between the civil law system and the common law system.Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.Ⅱ The main traditional source of the common law is cases，while the main traditional source of the civil law is legislation.Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.Ⅳ The classification of law is different. The civil law is separated into public law and private law，the common law is separated into common law and equity。
Ⅴ Since theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law，thus the judge’s decision is more important。
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1 A buyer can accept goods by:A. Stating an intention to take them.B. Failing to reject them.C. Treating the goods as if the buyer owned them.D. All of the above.2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.In order for someone to be convicted of a crime, which of the following elements must be presentA. The defendant had a socially maladjusted childhood.B. The defendant had no intent to commit the act.C. The defendant performed a prohibited act.D. The defendant performed a morally questionable act.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:A. Robbery.B. Embezzlement.C. Misappropriation.D. Conversion.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of:A. Battery.B. Larceny.C. Arson.D. ForgeryA homicide committed without malice towards the victim is known as:A. First-degree murder.B. Manslaughter.C. A misdemeanor.D. ExtortionIf you are charged with a crime, you might be able to defend yourself and escape liability if you:A. Committed a prohibited act.B. Were voluntarily intoxicated at the time of the crime.C. Were over the age of sixty-five at the time of crime.D. Were involuntarily intoxicated at the time of crime.One morning in the Laundromat, Duneberry approached Kirksey and said, “If you don’t pay me $ 500 by July 2nd, I’ll beat you to a pulp.”A week later, on July 2nd, Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money, Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law, Duneberry will most likely be found guilty of which of the following crimes:A. Extortion and battery.B. Extortion and robbery.C. Assault and battery.D. Assault and robberyWhich of the following does NOT describe a felonyA. If found guilty, you are sentenced to prison for up to six months.B. If found guilty, you go to a federal or state penitentiary.C. If found guilty, you may face the death penalty.D. If found guilty, you may face life imprisonment.Which of the following is not classified in English law as a tortA. Defamation.B. Negligence.C. Breach of contract.D. NuisanceEunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Y asser because of the Armenian genocide, but is a friend of Eunice’s, whose present is known to him, draws ascimitar and threatens to behead Yasser. Eunice, who is five months pregnant, suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarriage, Eunice will:A. Lose, because Jacques did not know Eunice was pregnant.B. Win, because it is highly probable that Jacques’extreme and outrageous conduct would inflect emotional distress on Eunice.C. Lose, since Jacques’s tortuous acts were aimed against Yasser, so only Yasser can recover for emotional distress.D. Win, because she is Yasser’s wife.Intent is:A. A factor required to sustain a tort.B. Strict liability.C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.D. Where desert nomads liveFalse imprisonment is:A. Placing a convicted defendant in a maximum security prison.B. A description of when a judge and jury disagree over a sentence.C. A criminal imprisonment for civil wrong.D. The intentional, unlawful confinement of a person against that person’s will.1. Which of the following is/are required in order to have a “tender” of goodsA. The seller must put and hold conforming goods at the buyer’s disposal.B. The seller must give notice to the buyer that the goods are available.C. The seller must give notice to the buyer and hold the goods for a reasonable time.D. All of the above are required for tender.2. Rescission may be defined as:A. The substitution of one contract party for another.B. The revision of a contract’s terms to reflect trade usage.C. The full performance of a contract.D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.3. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discover later that the dog is not worth $800, but only $400, can you have the contract rescinded or canceled based on your mistakeA. Yes, if the owner knew the dog was clearly not worth $800.B. Yes, because you had a duty to investigate.C. Probably not, because you made a mistake about the dog’s value, not a mistake of a material fact.D. Probably so, because you made a mistake of an immaterial fact.4. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficientA. No, because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.B. No, because this kind of bargain violates public policy.C. Yes, based on the clear lack of any bargain.D. Yes, because Liz has promised something of value5. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun, an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk, Reggie tells Hortense, “You have done really good lately. If you can keep it up u ntil Christmas, you will get a $500 bonus.” Reggie’s promise could be best characterized as:A. Valid consideration.B. An illusory promise.C. An output contract.D. A requirements contract6. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications:A. Vercingetorix may not reject Eddy’s performance because Eddy has substantially performed.B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.D. Vercingetorix may reject Eddy’s performance because it was not precisely what their agreement demanded7. Andronicus, an international dog dealer, offers to pay Justinian, an professional dog breeder, $40,00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”, to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st, Andronicus repudiates. Justinian’s cause of action against Andronicus will accrue:A. Immediately on August 1st.B. Anytime between July 12th and August 12th.C. Either A and B.D. August 12th8. With regard to corporations:A. They may be held liable for crimes, just as individuals may be.B. They may never be held liable for crimes.C. They do not really exist, so they cannot be liable for crimes, only for torts.D. They may only be held liable for crimes if they are privately owned.9. A person may be found not guilty of committing a crime if that person:A. Is over the age of 18.B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.C. Is voluntarily intoxicated.D. Made a mistake of law10. Negligence is:A. Forgetfulness.B. Willful and wanton misconduct.C. A n intentional tort that can be brought for “wrongful birth” or for “wrongful death.”D. A tort that will impose liability for a breath of a duty that proximately causes an injury11. Immunity is:A. A statutory defense available only to sovereign governments.B. A possible defense to tort liability.C. The right of students in law school to participate in political demonstrations.D. The invulnerability of a trial court judge.12. Kriekor leases an apartment from Methuselah. In this situation, Methuselah is known as:A. The lessor.B. The lessee.C. The tenant.D. The debtor.13. The famous “swoosh” design on the side of NIKE sneakers is an example of:A. A copyright.B. A patent.C. A trademark.D. A trade secret14. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”, you are looking at:A. A certification mark.B. A strong mark.C. A patent.D. A licensor15. Suppose that Jami invents and patents his new weeding machine, but never sells it. Louisa borrows the machine from Jami, pulls it apart, copies it, and then sells it. Louisa:A. Has done nothing wrong; competition is a part of our market economy.B. Has not infringed a patent because the product was not “in commerce.”C.Has infringed Jami’s patent righ ts.D. Has behaved immorally, but not illegally16. One of the ways to make use of another’s trademark, copyright, patent, or trade secret, while avoiding litigation, is to obtain:A. A cyber mark.B. A business process patent.C. An easement. 地役权D. A license.。