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 1

A. defendant F. adjudicate

B. allegation G. review

C. case law H. plaintiff

D. law I. Common Law

E. 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.

( )https://www.360docs.net/doc/9417062928.html,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 2

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A executive branch F devolution

B. federal G. defamation

C. legislation H. legislative branch

D. confederation I. allegation

E. 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, 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 3

A(separate property F. adultery

B(bigamy G. beneficiary

C(custody H. separation

D(heir I. necessaries

E(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.

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( )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 4

A. proprietor F. dividends

B. limited partner G. general partner

C. dissolution H. proxy

D. quorum I. liquidation

E. 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’)

3

Exercise 1

Institution foundation start

provision statute know

code experience jurisdiction

still-survive judicature advocate

as exercise regard

We 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 Court

of_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable of

being__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 the

early 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 at

least the common law of Paris.

Exercise 2

disputes justice pursuit

procedure plaintiff roots

procedural reliance means

adversary jurisdictions claims

judgment parties opposing

In all jurisdictions there is general agreement that the goal of

civil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires

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that 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 3

for court celebrating

later patted rejected

drunk her with

prison searched of

prosecutor declaring both

One 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__ stumble

and 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,

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but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a court

order __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he would

not seriously endanger the community.

III. Vocabulary and Structure

A. Match the words on the left with their definitions on the right.

(8 points)

86. strategy a) a legally registered design naming the original

designer as owner of the design

87. tedious b) the name of a product or sometimes the name of

a company

88. brief e) a memorable sentence used to advertise a

product

89. brand d) not very interesting and often repetitive

90. e) tell someone about something, usually in

shareholder connection with work

91. slogan f) an owner of shares in a business

92. spam g) junk mail

93. patent h) a general plan intended to achieve something

over a period of time

B. 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 of

turn off do without put to go through

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94. 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 arrange

reach enclose require private moreover

study enable would particularly available

46 Potters Lane

Walton

Leicestershire

23 April 2002 Mr Peter Sellers

Director Human Resources

Carney and Denham Consultants

7

2 Cromwell Road

Nottingham NT7 9GH

Dear Mr Sellers

With 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 engineering

in 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 multidisciplined

construction 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 as

possible 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 further

information.

I look forward 115 heating from you.

Yours sincerely

Anne ALexander

Anne Alexander (Ms)

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IV. Read the materials and answer the following questions:

Exercise 1

1. 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 out

about your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly there

is 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 idea

about 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 who

you're not. 116. What is the Exercise mainly concerned with?

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117. 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 2

Despite 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 on

brand-name connotations to product manufacturers looking for a name for

a 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 whose

suitability is then researched further. Names on the shortlists have to pass certain

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tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; that

they 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 and

therefore be more suitable for the mass market, which was the company’s target.

2. Mark statements 121-125 True or False according to the

information 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 3

Material 1: Jurisprudence: An Overview

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The 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. The

first 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 the

social 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 relevant

legal 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 and

natural

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law 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 Philosophy

Jurisprudence 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.

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The 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 be

ascertained by man's exercise of his power to reason. The Stoic school

elaborated on and expanded on the ideas of Aristotle in the third

century B.C. During

gentium (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 thought

into 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. This

position is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism or

analytical 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 legal

positivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) As

a 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 and

H. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law

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faculties 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.