11法律英语阅读模拟试卷
法律英语练习题答案
法律英语练习题答案1. 选择题：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：B. 原告2. 填空题：In legal English, "contract" refers to an agreement with a legal binding force, which is usually established by the mutual consent of the parties involved. The term "contract" can also be referred to as a(n) ______.答案：agreement3. 判断题：The term "tort" in legal English refers to a civil wrong that can be compensated by monetary damages.- True- False答案：True4. 简答题：What is the difference between "statute" and "common law" in legal English?答案：In legal English, "statute" refers to a law enactedby a legislative body, whereas "common law" refers to the body of law derived from judicial decisions of courts and similar tribunals.5. 翻译题：请将以下句子翻译成英文。
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。
美国法学院入学考试LSAT阅读真题11(含答案)
美国法学院入学考试LSAT阅读真题11（含答案）SECTION IIITime 35 minutes 26 QuestionsDirections: Each passage in this section is followed by a group of questions to be answered on the basis of what is stated or implied in the passage. For some of the questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question, and blacken the corresponding space on your answer sheet.Immigrants’adoption of English as their primary language is one measure of assimilation into the larger United States society. Generally languages define social groups and provide justification for social structures. Hence, a distinctive language sets a cultural group off from the dominant language group. Throughout United States history this pattern has resulted in one consistent, unhappy consequence, discrimination against members of the cultural minority. Language differences provide both a way to rationalize subordination and a ready means for achieving it.Traditionally, English has replaced the native language of immigrant groups by the second or third generation. Some characteristics of today’s Spanish-speaking population, however, suggest the possibility of a departure from this historical pattern. Many families retain ties in Latin America and move back and forth between their present and former communities. This “revolving door”phenomenon, along with the high probability of additional immigrants from the south, means that large Spanish-speaking communities are likely to exist in the United States for the indefinite future.This expectation underlies the call for national support for bilingual education inSpanish-speaking communities’public schools. Bilingual education can serve different purposes, however. In the 1960s, such programs were established to facilitate the learning of English so as to avoid disadvantaging children in their other subjects because of their limited English. More recently, many advocates have viewed bilingual education as a means to maintain children’s native languages and cultures. The issue is important for people with different political agendas, from absorption at one pole to separatism at the other.To date, the evaluations of bilingual education’s impact on learning have been inconclusive. The issue of bilingual education has, nevertheless, served to unite the leadership of the nation’s Hispanic communities. Grounded in concerns about status that are directly traceable to the United States history of discrimination against Hispanics, the demand for maintenance of the Spanish language in the schools is an assertion of the worth of a people and their culture. If the United States is truly a multicultural nation—that is, if it is one culture reflecting the contributions of many—this demand should be seen as a demand not for separation but for inclusion.More direct efforts to force inclusion can be misguided. For example, movements to declare English the official language do not truly advance the cohesion of a multicultural nation. They alienate the twenty million people who do not speak English as their mother tongue. They are unnecessary since the public’s business is already conducted largely in English. Further, given the present state of understanding about the effects of bilingual education on learning, it would beunwise to require the universal use of English. Finally, it is for parents and local communities to choose the path they will follow, including how much of their culture they want to maintain for their children.1. It can be inferred from the passage that one of the characteristics of immigrant groups to the United States has traditionally been that, after immigration, relatively few members of the group(A) became politically active in their new communities(B) moved back and forth repeatedly between the United States and their former communities(C) used their native languages in their new communities(D) suffered discrimination in their new communities at the hands of the cultural majority(E) sought assimilation into the dominant culture of the new communities they were entering2. The passage suggests that one of the effects of the debate over bilingual education is that it has(A) given the Hispanic community a new-found pride in its culture(B) hampered the education of Spanish-speaking students(C) demonstrated the negative impact on imposing English as the official United States language(D) provided a common banner under which the Spanish-speaking communities could rally(E) polarized the opinions of local Spanish-speaking community leaders3. In lines 38-39, the phrase “different political agendas”refers specifically to conflicting opinions regarding the(A) means of legislating the assimilation of minorities into United States society(B) methods of inducing Hispanics to adopt English as their primary language(C) means of achieving nondiscriminatory education for Hispanics(D) official given responsibility for decisions regarding bilingual education(E) extent to which Hispanics should blend into the larger United States society4. In lines 64-65 the author says that “It would be unwise to require the universal use of English.”One reason for this, according to the author, is that(A) it is not clear yet whether requiring the universal use of English would promote or hinder the education of children whose English is limited(B) the nation’s Hispanic leaders have shown that bilingual education is most effective when it includes the maintenance of the Spanish language in the schools(C) requiring the universal use of English would reduce the cohesion of the nation’s Hispanic communities and leadership(D) the question of language in the schools should be answered by those who evaluate bilingual education, not by people with specific political agendas(E) it has been shown that bilingual education is necessary to avoid disadvantaging in their general learning children whose English is limited5. In the last paragraph, the author of the passage is primarily concerned with discussing(A) reasons against enacting a measure that would mandate the forced inclusion of immigrant groups within the dominant United culture(B) the virtues and limitations of declaring English the official language of the United States(C) the history of attitudes within the Hispanic community toward bilingual education in theUnited States(D) the importance for immigrant groups of maintaining large segments of their culture to pass on to their children(E) the difference in cultures between Hispanics and other immigrant groups in the United States参考答案：1-5 BDEAAThe refusal of some countries to extradite persons accused or convicted of terrorist act has focused attention on the problems caused by the political offense exception to extradition. Extradition is the process by which one country returns an accused or convicted person found within its borders to another country for trial or punishment. Under the political offense exception, the requested state may, if it considers the crime to be a “political offense,”deny extradition to the requesting state.Protection of political offenses is a recent addition to the ancient practice of extradition. It is the result of two fundamental changes that occurred as European monarchies were replaced by representative governments. First, these governments began to reject what had been a primary intent of extradition, to expedite the return of political offenders, and instead sought to protect dissidents fleeing despotic regimes. Second, countries began to contend that they had no legal or moral duty to extradite offenders without specific agreements creating such obligations. As extradition laws subsequently developed through international treaties, the political offense exception gradually became an accepted principle among Western nations.There is no international consensus, however, as to what constitutes a political offense. For analytical purposes illegal political conduct has traditionally been divided into two categories. “Pure”political offenses are acts perpetrated directly against the government, such as treason and espionage. These crimes are generally recognized as nonextraditable, even if not expressly excluded from extradition by the applicable treaty. In contrast, common crimes, such as murder, assault, and robbery, are generally extraditable. However, there are some common crimes that are so inseparable from a political act that the entire offense is regarded as political. These crimes, which are called “relative”political offenses, are generally nonextraditable. Despite the widespread acceptance of these analytic constructs, the distinctions are more academic than meaningful. When it comes to real cases, there is no agreement about what transforms a common crime into a political offense and about whether terrorist acts fall within the protection of the exception. Most terrorists claim that their acts do fall under this protection.Nations of the world must now balance the competing needs of political freedom and international public order. It is time to reexamine the political offense exception, as international terrorism eradicates the critical distinctions between political offenses and nonpolitical crimes. The only rational and attainable objective of the exception is to protect the requested person against unfair treatment by the requesting country. The international community needs to find an alternative to the political offense exception that would protect the rights of requested persons and yet not offer terrorists immunity from criminal liability.6. In the passage, the author primarily seeks to(A) define a set of terms(B) outline a new approach(C) describe a current problem(D) expose an illegal practice(E) present historical information7. According to the passage, when did countries begin to except political offenders from extradition?(A) when the principle of extraditing accused or convicted persons originated(B) when some nations began refusing to extradite persons accused or convicted of terrorist acts(C) when representative governments began to replace European monarchies(D) when countries began to refuse to extradite persons accused or convicted of common crimes(E) when governments began to use extradition to expedite the return of political offenders8. Given the discussion in the passage, which one of the following distinctions does the author consider particularly problematic?(A) between common crimes and “relative”political offense(B) between “pure”political offenses and common crimes(C) between “pure”political offenses and “relative”political offenses(D) between terrorist acts and acts of espionage(E) between the political offense exception and other exceptions to extradition9. According to the author, the primary purpose of the political offense exception should be to(A) ensure that terrorists are tried for their acts(B) ensure that individuals accused of political crimes are not treated unfairly(C) distinguish between political and nonpolitical offenses(D) limit extradition to those accused of “pure”political offenses(E) limit extradition to those accused of “relative”political offenses10. It can be inferred from the passage that the author would agree with which one of the following statements about the political offense exception?(A) The exception is very unpopular.(B) The exception is probably illegal.(C) The exception is used too little.(D) The exception needs rethinking.(E) The exception is too limited.11. When referring to a balance between “the competing needs of political freedom and international public order”(lines 54-55) the author means that nations must strike a balance between(A) allowing persons to protest political injustice and preventing them from committing political offenses(B) protecting the rights of persons requested for extradition and holding terrorists criminally liable(C) maintaining the political offense exception to extradition and clearing up the confusion over what is a political offense(D) allowing nations to establish their own extradition policies and establishing anagreed-upon international approach to extradition(E) protecting from extradition persons accused of “pure”political offenses and ensuring the trial of persons accused of “relative”political offenses12. The author would most likely agree that the political offense exception(A) has, in some cases, been stretched beyond intended use(B) has been used too infrequently to be evaluated(C) has been a modestly useful weapon again terrorism(D) has never met the objective for which it was originally established(E) has been of more academic than practical value to political dissidents13. Which one of the following, if true, would give the author most cause to reconsider her recommendation regarding the political offence exception (lines 62-66)?(A) More nations started refusing to extradite persons accused or convicted of terrorist acts.(B) More nations started extraditing persons accused or convicted of treason, espionage, and other similar crimes.(C) The nations of the world sharply decreased their use of the political offense exception protect persons accused of each of the various types of “pure”political offenses.(D) The nations of the world sharply decreased their use of the political offense exception to protect persons accused of each of the various types of “relative”political offenses.(E) The nations of the world started to disagree over the analytical distinction between “pure”political offenses and “relative”political offenses.参考答案：6-13 CCABDBADAs is well known and has often been described, the machine industry of recent times took its rise by a gradual emergence out of handicraft in England in the eighteenth century. Since then the mechanical industry has progressively been getting the upper hand in all the civilized nations, in much the same degree in which these nations have come to be counted as civilized. This mechanical industry now stands dominant at the apex of the industrial system.The state of the industrial arts, as it runs on the lines of the mechanical industry, is a technology of physics and chemistry. That is to say, it is governed by the same logic as the scientific laboratories. The procedure, the principles, habits of thought, preconceptions, units of measurement and of valuation, are the same in both cases.The technology of physics and chemistry is not derived from established law and custom, and it goes on its way with as nearly complete a disregard of the spiritual truths of law and custom as the circumstances will permit. The realities with which this technology is occupied are of another order of actuality, lying altogether within the three dimensions that contain the material universe, and running altogether on the logic of material fact. In effect it is the logic of inanimate facts.The mechanical industry makes use of the same range of facts handled in the same impersonal way and directed to the same manner of objective results. In both cases alike it is of the first importance to eliminate the “personal equation,”to let the work go forward and let the forces at work take effect quite objectively, without hindrance or deflection for any personal end, interest, or gain. It is the technician’s place in industry, as it is the scientist’s place in the laboratory, to serve as an intellectual embodiment of the forces at work, isolate the forces engaged from all extraneous disturbances, and let them take full effect along the lines of designed work. The technician is an active or creative factor in the case only in the sense that he is the keeper of the logic which governs the forces at work.These forces that so are brought to bear in mechanical industry are of an objective, impersonal, unconventional nature, of course. They are of the nature of opaque fact. Pecuniarygain is not one of these impersonal facts. Any consideration of pecuniary gain that may be injected into the technician’s working plans will come into the case as an intrusive and alien factor, whose sole effect is to deflect, retard, derange and curtail the work in hand. At the same time considerations of pecuniary gain are the only agency brought into the case by the businessmen, and the only ground on which they exercise a control of production.14. The author of the passage is primarily concerned with discussing(A) industrial organization in the eighteenth century(B) the motives for pecuniary gain(C) the technician’s place in mechanical industry(D) the impersonal organization of industry(E) the material contribution of physics in industrial society15. The author of the passage suggests that businessmen in the mechanical industry are responsible mainly for(A) keeping the logic governing the forces at work(B) managing the profits(C) directing the activities of the technicians(D) employing the technological procedures of physics and chemistry(E) treating material gain as a spiritual truth16. Which one of the following, if true, would contradict the author’s belief that the role of technician is to be “the keeper of the logic”(lines 45-46)?(A) All technicians are human beings with feelings and emotions.(B) An interest in pecuniary gain is the technician’s sole motive for participation in industry.(C) The technician’s working plans do not coincide with the technician’s pecuniary interests.(D) Technicians are employed by businessmen to oversee the forces at work.(E) Technicians refuse to carry out the instructions of the businessmen.17. The author would probably most strongly agree with which one of the following statements about the evolution of the industrial system?(A) The handicraft system of industry emerged in eighteenth-century England and was subsequently replaced by the machine industry.(B) The handicraft system of industrial production has gradually given rise to a mechanistic technology that dominates contemporary industry.(C) The handicraft system emerged as the dominant factor of production ineighteenth-century England but was soon replaced by mechanical techniques of production.(D) The mechanical system of production that preceded the handicraft system was the precursor of contemporary means of production.(E) The industrial arts developed as a result of the growth of the mechanical industry that followed the decline of the handicraft system of production.18. Which one of the following best describes the author’s attitude toward scientific techniques?(A) critical(B) hostile(C) idealistic(D) ironic(E) neutral参考答案：14-18 DBBBE(This passage was originally published in 1905)The word democracy may stand for a natural social equality in the body politic or for a constitutional form of government in which power lies more or less directly in the people’s hand. The former may be called social democracy and the later democratic government. The two differ widely, both in origin and in moral principle. Genetically considered, social democracy is something primitive, unintended, proper to communities where there is general competence and no marked personal eminence. There be no will aristocracy, no prestige, but instead an intelligent readiness to lend a hand and to do in unison whatever is done. In other words, there will be that most democratic of governments—no government at all. But when pressure of circumstances, danger, or inward strife makes recognized and prolonged guidance necessary to a social democracy, the form its government takes is that of a rudimentary monarchy established by election or general consent. A natural leader emerges and is instinctively obeyed. That leader may indeed be freely criticized and will not be screened by any pomp or traditional mystery; he or she will be easy to replace and every citizen will feel essentially his or her equal. Yet such a state is at the beginnings of monarchy and aristocracy.Political democracy, on the other hand, is a late and artificial product. It arises by a gradual extension of aristocratic privileges, through rebellion against abuses, and in answer to restlessness on the people’s part. Its principle is not the absence of eminence, but the discovery that existing eminence is no longer genuine and representative. It may retain many vestiges of older and less democratic institutions. For under democratic governments the people have not created the state; they merely control it. Their suspicions and jealousies are quieted by assigning to them a voice, perhaps only a veto, in the administration. The people’s liberty consists not in their original responsibility for what exists, but merely in the faculty they have acquired of abolishing any detail that may distress or wound them, and of imposing any new measure, which, seen against the background of existing laws, may commend itself from time to time to their instinct and mind.If we turn from origins to ideals, the contrast between social and political democracy is no less marked. Social democracy is a general ethical ideal, looking to human equality and brotherhood, and inconsistent, in its radical form, with such institutions as the family and hereditary property. Democratic government, on the contrary, is merely a means to an end, an expedient for the better and smoother government of certain states at certain junctures. It involves no special ideals of life; it is a question of policy, namely, whether the general interest will be better served by granting all people an equal voice in elections. For political democracy must necessarily be a government by deputy, and the questions actually submitted to the people can be only very large rough matters of general policy or of confidence in party leaders.19. The author suggests that the lack of “marked personal eminence”(line 11) is an important feature of a social democracy because(A) such a society is also likely to contain the seeds of monarchy and aristocracy(B) the absence of visible social leaders in such a society will probably impede the development of a political democracy(C) social democracy represents a more sophisticated form of government than political democracy(D) a society that lacks recognized leadership will be unable to accomplish its culturalobjectives(E) the absence of visible social leaders in such a community is likely to be accompanied by a spirit of cooperation20. Which one of the following forms of government does the author say is most likely to evolve from a social democracy?(A) monarchy(B) government by deputy(C) political democracy(D) representative democracy(E) constitutional democracy21. The author of the passage suggests that a political democracy is likely to have been immediately preceded by which one of the following forms of social organization?(A) a social democracy in which the spirit of participation has been diminished by the need to maintain internal security(B) an aristocratic society in which government leaders have grown insensitive to people’s interests(C) a primitive society that stresses the radical equality of all its members(D) a state of utopian brotherhood in which no government exists(E) a government based on general ethical ideals22. According to the passage, “the people’s liberty”(line 42) in a political democracy is best defined as(A) a willingness to accept responsibility for existing governmental forms(B) a myth perpetrated by aristocratic leaders who refuse to grant political power to their subjects(C) the ability to impose radically new measures when existing governmental forms are found to be inadequate(D) the ability to secure concessions from a government that may retain many aristocratic characteristics(E) the ability to elect leaders whom the people consider socially equal to themselves23. According to the author of this passage, a social democracy would most likely adopt a formal system of government when(A) recognized leadership becomes necessary to deal with social problems(B) people lose the instinctive ability to cooperate in solving social problems(C) a ruling monarch decides that it is necessary to grant political concessions to the people(D) citizens no longer consider their social leaders essentially equal to themselves(E) the human instinct to obey social leaders has been weakened by suspicion and jealousy24. According to the passage, which one of the following is likely to occur as a result of the discovery that “existing eminence is no longer genuine and representative”(lines 35-36)?(A) Aristocratic privileges will be strengthened, which will result in a further loss of the people’s liberty.(B) The government will be forced to admit its responsibility for the inadequacy of existing political institutions.(C) The remaining vestiges of less democratic institutions will be banished from government.(D) People will gain political concessions from the government and a voice in the affairs ofstate.(E) People will demand that political democracy conform to the ethical ideals of social democracy.25. It can be inferred from the passage that the practice of “government by deputy”(line64) in a political democracy probably has its origins in(A) aristocratic ideals(B) human instincts(C) a commitment to human equality(D) a general ethical ideal(E) a policy decision26. Which one of the following statements, if true, would contradict the author’s notion of the characteristics of social democracy?(A) Organized governmental systems tend to arise spontaneously, rather than in response to specific problem situations.(B) The presence of an organized system of government stifles the expression of human equality and brotherhood.(C) Social democracy represents a more primitive form of communal organization than political democracy.(D) Prolonged and formal leadership may become necessary in a social democracy when problems arise that cannot be resolved by recourse to the general competence of the people.(E) Although political democracy and social democracy are radically different forms of communal organization, it is possible for both to contain elements of monarchy.参考答案：19-26 EABDADEA。
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2分，共20分）1. Which of the following is NOT a fundamental principle of contract law?A. Offer and acceptanceB. ConsiderationC. Promissory estoppelD. Mistake of fact2. The term "tort" refers to:A. A breach of contractB. A civil wrongC. A criminal actD. A legal document3. In the context of criminal law, "actus reus" refers to:A. The guilty mindB. The criminal actC. The harm causedD. The punishment imposed4. Which of the following is a type of intellectual property?A. A patentB. A copyrightC. A trademarkD. All of the above5. "Jurisdiction" in legal terms means:A. The power to make a legal decisionB. The area over which the law appliesC. The process of suing someoneD. The legal profession6. A "fiduciary duty" is an obligation that arises when:A. A contract is breachedB. A crime is committedC. A trust is establishedD. A lawsuit is filed7. The doctrine of "res ipsa loquitur" is used to establish:A. The defendant's intentB. The plaintiff's negligenceC. The defendant's negligenceD. The plaintiff's damages8. "Precedent" in legal terms refers to:A. A previous legal decision that can be used to decide similar casesB. A legal principle that is universally acceptedC. A legal document that sets out the facts of a caseD. A legal argument that has been accepted by a court9. A "class action" is a lawsuit brought by:A. A single plaintiff on behalf of a group of peopleB. A group of plaintiffs on behalf of a single personC. A group of plaintiffs on behalf of themselves and othersD. A single plaintiff on behalf of themselves only10. "Probate" is the legal process of:A. Filing a lawsuitB. Administering an estate after deathC. Determining the validity of a willD. Both B and C二、填空题（每题1分，共10分）11. The legal term "_____" refers to the act of formally charging someone with a crime.12. A "_____" is a legal document that outlines the terms and conditions of an agreement between parties.13. "_____" is the legal principle that states that a person cannot be tried or punished twice for the same offense.14. "_____" is a legal remedy that requires the defendant to perform a specific act or to stop performing a certain act.15. "_____" is the process by which a person is released from prison before the end of their sentence, usually under supervision.16. "_____" refers to the legal responsibility to act primarily for the benefit of another person or entity.17. "_____" is a legal term for the right to use a public way for specific purposes, such as crossing another's land.18. "_____" is the legal principle that a person is innocent until proven guilty.19. "_____" is a legal document that provides evidence of a person's identity and citizenship.20. "_____" is the legal process of formally ending a marriage.三、简答题（每题5分，共30分）21. Define "due diligence" in the context of a legaltransaction.22. Explain the concept of "estoppel" in contract law.23. What is the difference between "assault" and "battery" in criminal law?24. Describe the purpose of a "non-compete agreement" in employment law.四、案例分析题（每题5分，共20分）25. John offers to sell his car to Mary for $10,000. Mary agrees to buy the car but later discovers that the car has a serious engine problem that John knew about but did not disclose. Analyze the situation using the principles of contract law.26. Alice is walking her dog in a public park. A stranger, Bob, suddenly throws a rock at the dog, causing it to run away. Alice sues Bob for the emotional distress she suffered as a result. Discuss the legal issues involved in this case.27. Company X is accused of patent infringement by Company Y. Company X claims that they were not aware of the patent and had conducted a thorough search before developing their product. What legal defense might Company X use?28. Jane is a minor who signed a contract with a company to star in a television show. Later, Jane decides she does not want to participate and wants to void the contract. Whatlegal considerations might apply to Jane's situation?五、论述题（每题15。
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.。
2017考研英语阅读暑期训练：法学类(11)
2017考研英语阅读暑期训练：法学类（11）暑期集训来了，如何在暑期两个月创造出双倍的价值是每个考生想要达到的目标。
这就需要加倍的努力和科学的规划了。
英语方面的复习，大家要持续性背单词，阅读、写作及翻译要多加练习，总结方法技巧，活学活用。
下面凯程在线和大家分享法学类的阅读模拟题，大家不妨集中练习，提升阅读速度和做题技巧。
2017考研英语阅读暑期训练：法学类（11）Since 1975 advocates of humane treatment of animals have broadened their goals to oppose the use of animals for fur，leather，wool and food.They have moaned protests against all forms of hunting and the trapping of animals in the wild.And they have joined environmentalists in urging protection of natural habitats from commercial or residential development.The occasion for these added emphases was the publication in 1975 of Animal Liberation：A New Ethics for Our Treatment ofAnimals by Peter Singer，formerly a professor ofphUosophy at Oxford University in England.This book gave a new impetus to the animal rights movement.The post 1 975 animal rights activists are far more vocal than theirpredecessors，and the organizations to which they belong are generally more radical.Many new organizations are formed.The tactics of the activists are designed to catch the attention of the public.Since the mid 1 980s there have been frequent newsreports about animal rights organizations picketing stores that sell furs，harassing hunters in the wild，or breaking into laboratories to free animals.Some of the more extreme organizations advocate the use of assault，armed terrorism，and death threats to make their point.Aside from making isolated attacks on people who wear fur coats or trying to prevent hunters from killing animals，most of the organizations have directed their tactics at institutions.The results of the protests and other tactics have been panies are reducing reliance on animal testing.Medical research has been somewhat curtailed by legal restrictions and the reluctance of younger workers to use animals in research.New tests have been developed to replace the use of animals.Some well—known designers have stopped using fur.While the general public tends to agree that animals should be treated humanely，most people are unlikely to give up eating meat or wearing goods made from leather and wool. Giving up genuine fur has become less of a problem，since fibers used to makefake fur such as the Japanese invention Kanecaron can look almost identical to real fur.Some of the strongest opposition to the animal rights movement has come from hunters and their organizations.But animal rights activists have succeeded in marshaling public opinion to press for state restrictions on hunting in several parts of the nation.1.1 975 was an important year in the history of animal treatment because[A]many people began to call for humane treatment of animals that year[B]a new book was published that broadened the animal rights movement[C]the environmentalists began to show interest in animal protection[D]the trapping of animals began to go wild all through the world2.Some animal rights organizations advocate the use of extreme means in order to[A]wipe out cruel people [B]stop using animals in the laboratory[C]attack hunters in the wild [D]catch full public attention3.By saying“the results ofthe protests and other tactics have been mixed”(Line 1，Para.3)，the author means[A]the protest and other tactics have produced desired effects[B]the protest and other tactics almost amounted to nothing[C]the protest and other tactics have some influence on the public[D]the protest and other tactics have proved to be too radical4.The word“marshaling”(Line 5，Para.4)probably means[A]conducting [B]popularizing [C]changing [D]outraging5.It seems that the author ofthis article[A]is strongly opposed to the animal rights movement[B]is in favor ofthe animal rights movement[C]supports the use of violence in animal protection[D]hatestheuse offakefurfor clothes核心词汇advocate n.提倡者philosophy n.哲学predecessor n.前辈tactics n.策略identical adj.同样的oppose vt.反对impetus.促进radicaladj.激进的reliance n.依赖publication .出版vocaladj.有声的assault n.攻击fake adj.假的号召人道对待动物的倡导者们从1975年起将自己的目标扩大到反对利用动物来获取毛皮、皮革、毛织品和食品的行为。
法律英语核心教程 (第一册)unit-11
Unit 11Criminal LawTextⅠCrime and PunishmentDictionary Workoffence, omission, prosecute, compensate, concurrently, plead, felony, incarceration, mala in se, mala prohibita, inherently, fornication, sodomy, heritage, espouse (v.), notwithstanding, perpetrator, justifiable, proclaim, adhere toPre-reading Questions1.What is a crime?2.How many classifications of the crime are there as far as you know?3.What is the relationship between criminal law and punishment?Definition1For many countries one of the most serious domestic problem is crime. What is a crime? How to give it a definition?It varies from country to country and from time to time. A crime or offence is an illegal act, omission or event, whether or not it is also a tort, a breach of contract or a breach of trust, the principal consequence of which is that the offender, if he is detected and it is decided to prosecute, is prosecuted by or in the name of the State, and if he is found guilty is liable to be punished whether or not he is also ordered to compensate his victim.2 A wrong is a breach of a rule; it may be moral or legal according to whether the rule is one of morality or law. Legal wrongs may be civil or criminal, and this distinction depends upon that between civil and criminal law. The civil law is primarily concerned with the rights and duties of individuals among themselves, whereas the criminal law defines the duties which a person owes to society, but a legal wrong may be both civil and criminal.3Sometimes, the same conduct may be both a civil wrong and a crime. There are many cases in which one who commits a tort is also guilty of a crime. Assaults and collisions between vehicles are two out of numerous examples. Where a crime is also a civil wrong, criminal and civil proceedings may usually take place concurrently and the one is normally no bar to the other.4The only exception to this rule of any general importance is that, where criminal proceedings are taken in a magistrates’ court in respect of a common assault or battery by or on behalf of the party aggrieved, the defendant is released from all other proceedings, civil or criminal, for the same cause, if he obtains the magistrates’ certificate of the dismissal of the complaint or undergoes the punishment inflicted upon him. A certificate of dismissal must be issued if the magistrates decide that the offence is not proved, or if proved is so trifling as not to merit any punishment. Thepower to dismiss a case even though the offence is proved, which is peculiar to the above off ences, depends on there having been a hearing “on the merits” and this will not have occurred if the accused pleaded guilty.Criminal Law Classifications5Criminal law classifies crimes according to various criteria, including (1) the nature and degree of p enalty attached, (2) the nature and degree of “evil” involved, and (3) the kind of social harm.Felony, Misdemeanor, and Violation6 The past influences present criminal law. The great legal historian Frederic William Maitland maintained that the reasons for old classifications may have long since died, but their ghost ruel us from the grave. He meant that even when classifications have outlived their usefulness, they influence present practice. The classification that divides crimes into felonies and misdemeanors represents one example of the past ruling us from the grave. Historically, felonies were crimes punishable by death. Present law divides felonies into capital felonies and ordinary felonies. Therefore, the category includes both serial killers such as Ted Bundy at one extreme and individuals who steal £500 at the other. The breadth of its scope makes the classification largely meaningless in any sociological sense. It serves mainly as an administrative device to determine who gets the death penalty, life imprisonment, or incarceration in a state prison.7 Misdemeanors include crimes punishable either by fines or up to one year in jail. Common misdemeanors include simple assaults and battery, prostitution, and disorderly conduct. Most jurisdictions divide misdemeanors into gross misdemeanors.A third category of crime is violation. Traffic offenses fall into this group..Mala in se and Mala Prohibita8Another legal classification sorts crimes according to their perceived “evil.” This old arrangement overlaps the felony, misdemeanor, and violation categories and defines some crimes as inherently bad (the Latin mala in se). Crimes such as murder and rape fall into this category. Other behavior constitutes a crime only because the law says so (the Latin mala prohibita). Parking in a “no parking” zone is malum prohibitum.9This classification reflects American criminal law’s roots in the religious and moral codes of England and colonial America. Although frequently viewed as a preoccupation of the New England Puritans, the Anglicans of Virginia, Pennsylvania Quakers, and Maryland Catholics also infused criminal law with a moral component. The major felonies and “morals” offenses, fornication, prostitution, sodomy, gambling, and public drunkenness, descend from this religious and moral heritage.10In practice, no bright line separates mala in se and mala prohibita offenses. In fact, research demonstrates that despite legal theories espousing the distinction, and notwithstanding talk of an ethical core in the criminal law, perpetrators consider manycrimes formally classified mala in se “justifiable”-that is, a means to put right a keenly felt wrong. They believe their conduct may have been “technically” a crime, but definitely not evil. Despite these findings, legal theorists cling to the distinction.Crime, Law and Punishment11 “N o crime without law and no punishment without law” proclaim two ancient maxims governing formal criminal justice. Formally, modern criminal law adheres to these maxims in the firmly fixed principle of legality that underlies the substantive criminal law, that is, the law that defines what constitutes a crime. The principle of legality also applies to the law of criminal procedure, the law that prescribes how the government enforces the substantive criminal law, in such constitutional commands as “no deprivation of life, liberty, or property without due process of law” and the guarantee of equal protection of the laws.12In practice, much reprehensible conduct, some of which causes considerable harm, occurs in every society. Neither all of that conduct nor all of that harm constitutes a crime. The law determines the distinction between unethical, immoral injury that justifies non-criminal legal action and criminal conduct and harm. To qualify as crimes, conduct or harm must satisfy five requirements; (1) A specific law prohibits the conduct and/or harm. (2) The law prescribes a penalty for the prohibited conduct and/or harm. (3) The particular law conforms to the general purposes and principles of criminal law. (4) The government must adhere to the rules of procedure in administering and enforcing the criminal law. (5) The punishment prescribed and actually administered accords with the Constitution’s prohibition against cruel an d unusual punishment.(1089words) Cross Jones &Card, Introduction to Criminal Law, 11th edition, Butterworth & Co (Publishers) Ltd.; Joel Samaha, Criminal Justice, 2nd edition, West Publishing CompanyNotes_________________________1.capital felony: Crime punishable by death or life imprisonment.可判死刑或终生监禁的重罪。
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I. Translate the following legal terms into English. (20 points)1. 默示合同2. 法律推定3. 反诉4. 制衡原则5. 上诉管辖权6. 举证责任7. 不当得利8. 流通票据9. 替代送达10.一事不再理II. Of the following four choices marked A, B, C, and D, only one is the best. Please choose it (20 points)1.A warrant isA.a writ or paper issued by a judge ormagistrate that allows the police toarrest a person or search a place.B.a written guarantee, issued to thepurchaser of an article by itsmanufacturer, promising to repair orreplace it if necessary within aspecified period of time.C.a person who is an example of whatnot to do.D.a person who gives a warranty.2.A subpoena isA.issued by court to make a judgmentof a civil case.B.the verdict agreed by the majoritymembers of the jury.C.a written order issued by court thatrequires a person to appear in alaw-court.D.a written order by court to make adecision as to the validity of theevidence provided by a party in alaw-court.3.R es judicata isA.the principle that the occurrence ofan accident implies negligence ifcircumstances were such that itwould not ordinarily otherwise have happened.B.a rule that a matter once judiciallydecided is finally and conclusivelydecided and can not be re-litigated.C.the doctrine which holds that anemployer or principal is responsiblefor the acts and omissions ofemployees or agents, when thoseacts are within the scope of theirduties as employees or agents.D.a matter incidental to the main orprincipal fact which helps explainthat fact. 4.W hich of the following is Not the factor of a contract?A.paymentB.offer;C.consideration;D.meeting of minds;5.T he general purpose of the Uniform Commercial Code (“UCC”) is toA.protect the consumer.B.protect the merchant who deals ingoods.C.standardize commercial law andfacilitate commercial transactions.D.protect parties from entering intounconscionable contracts.6.A criminal proceeding isA.a civil wrong by one person againstanother person.B.one brought by the government toenforce a contract between a minorand an adult.C.a civil wrong against society or thepublic.D.one brought by the people, or thestate, against the accused.7.W hen a seller breaches a contract for the sale of goods by deliveringnon-conforming goods, the risk of lossA.is unaffected by the seller’s breach.B.remains on the seller infinitely.C.remains on the seller until thenonconformity is cured or the buyeraccepts the nonconformity goods.D.is transferred to the buyer.8.L ocal actions involveA.the ownership, possession of orinjury to real property.B.the signature, enforcement of acontract.C.how a contract dispute is appealed.D.whether a jurisdiction over personsoutside the jurisdiction’s borders isvalid.9.R ose is moving from her residence to another city and wishes to sell her piano. George inspects her piano and decides to buy it. Rose receives her money and tells George he can take the piano right then. George says he needs to borrow his friend’s truck before he can remove the piano, that night, the piano is destroyed by the fire. Georgesues to recover his money. Which of the following statements is true?A.Rose wins. The risk of loss passedto George as soon as the contractwas made.B.Rose wins. The risk of loss passedto George when Rose said he couldtake the piano.C.George wins. The risk of loss doesnot pass until George takes deliveryof the piano.D.George wins. The risk of loss doesnot pass until George receives adocument of title.10.Which statement about the Constitution of the United States of America is not true?A.The Constitution specifies thepowers and duties of each branch.B.The Constitution reserves allunenumerated powers for therespective states and the people.C.The Constitution is the supreme lawof the United States.D.The United States Constitution isthe lengthiest and oldest writtenconstitution still in use by any nationin the world today.III. Translate the following sentences into English (20 points)1.宪法第十四条修正案规定，非经正当法律程序，任何州不得剥夺任何公民的权利和豁免权。
2. 在故意或欺诈性不当陈述的案件中，受害者可以选择诉讼以取得金钱赔偿金。
3．If promise results from mistake, misrepresentation, fraud or duress, its validity can be challenged for a lack or meeting of minds.4. A work enjoys copyright protection from the moment it is fixed in a tangible medium, such as on paper or magnetic tape, provided that it is an original work of authorship.5. The rules governing the acquisition, ownership, and transfer of property bulk large in the laws of all nations operating under an economic system of private capitalism. IV. There are 10 statements. Make a judgment whether they are true or false. （10 points）1.A criminal proceeding is one brought by an organization against an individual.2.A ny contract must have a consideration to support it.3.C ounteroffer and offer are the facts by which the parties come to a “meeting of minds”.4.A ll contracts that are made in writing are enforceable, all oral contracts are not enforceable.5.B ilateral contract must have consideration.6.A contract that has been made between a minor and an adult is necessarily invalid and thus can be cancelled.7.A 17-year-old Chinese signs a contract with another 25-year-old Chinese, and such a contract is void because one party is a minor.8.T he inner thoughts of the parties to a contract are the manifestation of the parties’ mutual assent.9.M utuality of consideration is the basis of the establishment of a contract.10.An express contract occurs when the parties state their agreement in writing. V. Cases and topic expounding. (30 points)1. Case analysis (20 points)Case 1: Facts: On January 1, Abel, owner of Blackacre, gives a deed conveying Blackacre to Benjamin, a legally bona fide purchaser, in exchange for＄100,000. On February 1, Abel gives a deed conveying Blackacre to Caleb, a legally bona fide purchaser, in exchange for＄120,000. On March 1, Abel gives a deed conveying Blackacre to Deborah, who knows of the conveyances of January 1 and February 1, in exchange for ＄20,000. Deborah records his deed on March 2. Benjamin records his deed on March 3. Caleb records his deed on March 4. Under a race-notice statute, who holds legal title on March 5? Why?Case 2：Facts:Company X orders 10,000 pieces of equipment from company Y. the price is ＄10,000, and ＄5,000 is paid in advance. After company Y has manufactured 5,000 pieces of equipment and delivered 1,000 of them to company X,the government outlaws the manufacture and sale of such equipment.Issue: ⑤how to deal with the problem of frustration of this contract？Please use contract law theory and explain the reason.2.Topic expounding (10 points)Please elaborate on the function of law.。