法律英语答案1

法律英语答案1
法律英语答案1

Section I Blank Filling

Read the following business letter and fill in each blank with appropriate word available in the glossary given below and mark the corresponding number on the ANSWER SHEET (10 points).

To whom it may :

With regards to the involved, We, SEC Co., LTD, as the consignee [收货人] under the captioned [所列] contract of carriage and/or legitimate [合法的,正当的] holder of the captioned Bill of Lading,

do certify that we have agreed to assign and transferred to SVT Co., LTD ( referred to as

SVT) all our

rights, title [权利] and interest rendered in the captioned cargo which suffered damage/loss during the voyage, and all our rights in the captioned insurance policy [保险单]. SVT has the rights to claim against all concerned parties for the cargo damage/loss, and the insurer(s) who have obligation to pay the proceeds [款项], and has the right to receive the insurance proceeds and/or any

payment of compensation.

on the 1st day of Dec,2008.

1. executed

2. concern

3. said

4. rendered

5. hereinafter

6. issues

7. liable

8. relevant

9. hereby 10. wherefrom

Section II Monomial Choice Questions

Directions:

Read the following text. Choose the best word for each underlined blank and mark A, B, C or D on

the ANSWER SHEET (20 points)

1. Please find enclosed a copy of circular [n.函件、通知] no. No. IT-G (2)-6/2005 dated 16.11.2005

(amended up to 18.11.2005) issued by this department on the aforesaid subject.

[A] hereof [B] hereby

[C] herewith [D] hereto

2. The plaintiff lost the case as there was no evidence in support of his complaints.

[A]adequate [B]enough

[C]sufficient [D]full

3. Some contractual provisions protect information contained in the contract as confidential.

[A]specific [B]typical

[C]particular [D]unique

4. In case the minor’s age exceeds 15 years, the extra average insurance premium [保险费] thus incurred

shall be

by the Seller.

[A]made [B]rendered

[C]donated [D]borne

5. anything to the contrary herein,Licensee [被许可人] shall not manufacture,sell or dispose of

any articles covered by this license after its expiration.

[A]although [B]except

[C]notwithstanding [D]despite

6. The Seller shall not be liable for failure or delay in delivery of the entire lot or a portion of the

goods under this Sales Contract in consequence of any Force Majeure [不可抗力] incidents.

[A]regarded [B]held

. [C]considered [D]thought

7. There are two forms of the right of silence, one is right, the other is implied.

[A]obvious [B]distinct

[C]outspoken [D]express

8. The jury was that the defendant was guilty and therefore reached a unanimous verdict.

[A]assured [B]convinced

[C]ensured [D]affirmed

9. In its most general sense, the of law involves giving legal advice to clients [当事人,客户] , drafting legal documents for clients, and representing clients in legal negotiations and court proceedings[诉讼]such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister[大律师,出庭律师], solicitor[小律师,事务律师], or civil law notary[民事公证人].

[A]conduct [B]engage

[C]exercise [D]practice

10. When a promise is entirely with the promisor [要约人], it is said to be illusory [虚幻的,随意的,

不确定的] and, therefore, lacking consideration and unenforceable.

[A]choice [B]optional

[C]selective [D]alternative

Section III Translation from English into Chinese

Directions:

Read the following passages. Translate them into Chinese. Write your answers on ANSWER

SHEET (30 points).

Passage 1

In witness whereof the Company has duly signed and executed this Agreement by its officers authorized

on its behalf.

Passage 2

In case of any discrepancy in the meaning of wording between the English text and the Chinese text, the

Chinese text shall prevail.

Passage 3

All quotations (报价) are subject to our final confirmation unless otherwise stated.

Passage 4

This Agreement shall be deemed to be made under and shall be construed [解释] in accordance with the laws of the People’s Republic of China without regard to principles of conflicts of law.

Passage 5

The waiver [弃权] by either party of a breach by the other party of any provision of this agreement shall not operate or be construed as a waiver of any subsequent [后来的] breach. No waiver, modification or amendment of any of the terms of this agreement shall be effective unless made in writing and signed by

the contract parties.

Passage 6

If any terms hereof or the application thereof to any person or circumstance shall be determined to be null and void, ineffectual, invalid or unenforceable by any competent[有权限的]tribunal [裁判机构], the remaining terms hereof or the application of such term to Persons or circumstances other than to those

which were determined to be invalid or unenforceable shall not be affected thereby and shall continue in

full force and effect.

Section IV Translation from Chinese into English

Directions:

Read the following two passages. Translate them into English. Write your answers on ANSWER

SHEET (40 points).

1.仲裁费用,除本合同另有规定外,由败诉一方负担。

2.在任何情况下,双方均无权违反本合同。

3.本合同一式两份,由双方各执一份,具有同等法律效力。

4.房屋婚后增值部分应视为夫妻(spouse)共同财产(asset)。

5.根据双方的书面协议,买方应在9月1日支付价款;卖方应在其后10日内履行其交货义务。

6. 如因一方违约造成合同目的无法达到的, 另一方有权根据合同规定解除本合同。

7. 不论何种原因,如借款人未按期还款,对未还款本金( principal ),从逾期还款之日起,借款人应在本合

同第九条规定的利率基础上另加每日0.05 %的罚息。

8.在本协议履行过程中,如产生任何争议,双方应通过友好协商解决。若未能达成一致的,则该纠纷应提交中国国际贸易促进委员会对外贸易仲裁委员会(Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade,简称CIETAC),根据该会仲裁程序规定进行仲裁。该委

员会决定是终局的,对双方均具有约束力。

Section VII Additional Exercise

Directions:

Read the following passage. Translate it into Chinese. This exercise is not compulsory although it will be helpful for the elevation of your total score. Please write your answer on ANSWER

SHEET (5 points).

If, before the Time for Completion of the whole of the Works or, if applicable, any Section, a Taking-Over Certificate has been issued for any part of the Works or of a Section, the liquidated damages for delay in completion of the remainder of the Works or of that Section shall, for any period of delay after the date stated in such Taking-Over Certificate, and in the absence of optional provisions in the Contract, be

reduced in the Proportion which the value of the Part so certified bears to the value for the whole of the

Works or Section, as applicable.

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