法律英语证书(LEC)全国统一考试样题试卷一
LEC考试卷一复习方法
本人报考了12月份的LEC考试，复习已经有三个月之久了，刚拿到教材时还真是不知从何学起，尤其是卷一的美国部门法。
后来在学习的过程中慢慢的摸索到了一些学习方法，跟备考的朋友们分享一下吧，也期待大家发表意见。
一、教材第一部分教材第一章是法律英语基础，包括法律英语发展史、法律英语特点、法律英语术语和规则、法律文件引注等内容。
第一卷中常用的法律术语解释问题占有较大分值，这部分试题的形式类似于英译英，即给出一个常用法律术语，选项中有一项是对该术语的正确理解。
考生需对美国各部分法的常用词汇有正确的理解，包括一些常用的拉丁文。
二、教材第二部分第二章美国法律体系，包括法院体系、陪审团制度、对抗制度、上诉法院、上诉法官，法院判决和判例摘要等联邦政府（哥伦比亚特区）和每一个州都有自己的法院系统。
主要的联邦法院由三个不同级别的法院组成：区域法院、上诉法院和美国最高法院。
它们也被称为宪法第三款法院，因为它们是依据美国宪法的第三条所创建。
除这些普遍管辖的法院之外，一些特别的联邦法院也存在，比如破产法院和税务法院。
除了特殊的联邦法院以外，区域法院是联邦系统的审判法院。
当事人首先把他们的争议提交到区域法院并且提供证人和提交证据。
在很多案件中，当事人可以要求陪审团进行审判。
大多数案件是由区域法院的法官独任审判，尽管有一些类型的案件是由三个法官组成的合议庭审判。
如果当事人对于区域法院的判决不服，他们可以就这个判决上诉到联邦上诉法院。
在全国一共有十三个。
此外，联邦上诉法院，也听取来自一些特殊法院的上诉，例如国际贸易法院、或者是来自联邦特区法院的一些专门问题，比如专利法问题。
上诉法院并不进行新的审判，它通过先前区域法院呈堂的证据来进行判决。
由原告和被告要提交书面摘要给法院来解释为什么要支持或者推翻区域法院的判决。
上诉法院通常允许当事人双方在法庭面前进行口头辩论。
上诉法院主要是通过三位法官组成的合议庭作出的。
重要的案件要通过巡回法院的全体法官听审并且作出合议。
法律英语证书(LEC)全国统一考试样题试卷一
法律英语证书（LEC）全国统一考试样题试卷一本题为单项选择题，限时180分钟。
1. Bill of Rightsa. Domestic federal legislation.b. Legal protection against interference of rights by private individuals.c. A popular name given to the first ten amendments to the U.S. Constitution.d. The federal constitutional provision which grants rights to state governments.2. Standinga. Abbreviation of “notwithstanding”b. The ability to bring a lawsuit because of a party’s actual injury for which the court can provide aremedy.c. The ripeness of a case or controversy.d. The status of a person, group, or organization appearing as a “friend of the court.”3. Considerationa. Process of judicial deliberation before rendering a decision in a contested case.b. The lengthy recitals of “boilerplate” language appearing i n many contracts.c. The inducement to enter a contract, and a necessary element to prove the validity of a contract.d. The detrimental reliance of an offeree.4. Promissory Estoppela. A failure to prosecute a civil or criminal action.b. Power to make an offer to the public rather than a specific individual.c. Equitable doctrine recognized as substitute for consideration in some cases.d. Ability of an agent to bind a principal in matters beyond the scope pf agency.5. Punitive Damagesa. Damages to compensate for injury .b. Civil damages meant to punish the wrongdoer for causing injury.c. “Nominal” or minimal damages.d. Non-monetary damages, such as an injunction (injunctive relief) or” specific injunction (injunctive relief) or “specific performance” of a contract obligation.6. When airplanes fly over your home, are your property rights violated?a. No, never.b. Normally, no, unless the flights are low and frequent.c. Yes, because you own all the air above your home, into outer space.d. Normally, no, based on your right to quiet use and enjoyment of the property.7. Venuea. The street or avenue where a courthouse can often be found.b. Diversity of citizenship.c. The dates of a trial.d. The location of a trial.8. Depositiona. A tool of discovery used before trial.b. Statements made by a witness on the witness stand during trial (also known as “trial testimony”).c. The position a defendant is placed in while waiting for a trial.d. The court’s resolution of a case.9. Generally speaking, a limited partnership may be dissolved by which of the following events or occurrences?a. By the filing of a certificate of limited partnership.b. By a relocation of the partnership.c. By the marriage of a limited partner.d. By the bankruptcy of a general partner.10. A corporation is a legal entity:a. created by the local government.b. created and recognized by an entrepreneurial agency.c. managed internally by the federal government.d. created and recognized by state law in most cases.11. Jurisdictiona. A geographic area, used primarily for determining eligibility to vote.b. The presence of a defendant in a state where he or she can be served with a summons or a subpoena.c. The power of the executive branch to enforce the judgments of the courts.d. The power and authority of a court or other body to render judgment in a case.12.Paralegala. A secondary source of law.b. A lawyer’s assistant.c. One who holds an advanced law degree.d. A law student.13. Kirby Construction Co. in preparing its bid for the construction a new hospital received a quotation of $120,000 from Kat’s Interiors Inc．who offered to do the kitchen work in the new hospital．This bid was $30，000 lower than Kirby’s next lowest bid for the kitchen work．As a result，Kirby lowered his bid by $20，000 before submitting it to the hospital board．After Kirby was awarded the construction bid，and had accepted Kat's offer, Kat’s president discovered that in his preparation of the quotation he had overlooked some subsidiary kitchen installments required by the plans．Immediately thereafter, Kat’s Interiors brings suit for rescission of the contract．They should(A)succeed，because of the unilateral mistake(B)not succeed，unless Kirby knew or should have known of Kat's error(C)succeed，because the mistake was an essential element of the bargain(D)not succeed，since the computation mistake was antecedent to acceptance of the bid14. In disputes over whether a partnership exists, which of the following is NOT considered to be an essential element?(A) An equal right in the management of the business.(B) The sharing of profits or losses.(C) The consultation on business strategy.(D) Joint ownership in the business.15. This jurisdiction makes suicide a crime. Jilly, a day trader, is despondent over a failed marriage and catastrophic financial losses during the recent 2,000 point drop in the Nasdaq stock exchange. Jilly went up to the roof of her fourth story apartment building and decided to jump off. She landed on top of two pedestrians, Alex and Jean Pietro, who cushioned her fall and saved her life. Unfortunately, Alex and Jean Pietro were seriously injured when Jilly crashed on top of them.Jilly is guilty of(A) battery(B) attempted murder(C) attempted manslaughter(D) reckless endangerment16. The Commonwealth of Delmarva has passed a law that provides that only residents of Delmarva who are citizens of the United States can own agricultural land in the state. Delp, a citizen of the United States who resides in the neighboring state of Agoura, has contracted with Barerra to purchase the latter’s farm which is located in Delmarva. Barrera, who is a resident of Delmarva, has been informed by his attorney that his sales agreement with Delp is null and void under state law.Which of the following is the best constitutional argument to contest the validity of the Delmarva statute?(A) The Contract Clause prohibition against a state from enacting any law that will impair the obligation of contracts.(B) The Privileges and Immunities Clause of the Fourteenth Amendment.(C) The Privileges and Immunities Clause under Article IV, Section 2.(D) The national property power provision under Article IV, Section 3.17. Alice is sitting on her front porch watching her husband Bruce，who is mowing the lawn．Carl，who hates Bruce but is a friend of Alice’s，whose presence is knownto him，draws a pistol and threatens to kill Bruce．Alice，who is pregnant，Suffers severe emotional distress as a result of the trauma and soon afterwards has a miscarriage．In an action by Alice against Carl for mental anguish resulting in her miscarriage，Alice will(A)lose，because Carl did not know that Alice was pregnant(B)win，because it is highly probable that Carl’s extreme and outrageous conduct would cause emotional distress to Alice(C)lose，because Carl's actions were directed against Bruce，so only Bruce may recover for emotional distress(D)win，because she is Bruce's wife18. Clyde Cooch, a prominent judge, lived next door to Lester Biggs．Recently Judge Cooch had sentenced Lester Biggs' son, Dopey, to six months in prison on a narcotics charge．One afternoon while judge Cooch was mowing his lawn，Lester decided to avenge his son's conviction．Lester set up his water sprinkler behind some shrubbery separating their adjoining properties．As the judge was mowing his lawn and came within reach of the water sprinkler, Lester turned on the sprinkling device，and doused the judge with water．Judge Cooch would be able to recover against Lester for which of the followingtort(s)：(A) negligence(B) battery(C) assault and battery(D) battery and trespass19. Cassie and her four-year-old son，Noah，were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manhattan．F.A.O. Schwartz，which operates one ofNew York's largest retail toy stores，sells a complete array of toys，games，dolls，hobbies and crafts．The iterns were displayed on a variety of tables and shelves which were easily accessible to the customers．While Cassie was walking down one of the aisles，her attention became focused on a "Howdy Doody” doll that was prominently exhibited on an overhead display shelf．When Cassie approached the doll display, she reached up to grab the "Howdy Doody" doll．As she did so, Cassie failed to see a “Buffalo Bob” doll lying on the floor．She tripped over the doll and fell down, fracturing her hip．If Cassie asserts a claim against F.A.O. Schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy store's liability?(A)Yes，because Cassie was a business invitee on the premises of the toy store．(B)Yes，because F.A.O. Schwarfz was in control of the premises at the time of the accident．(C)No, because the "Buffalo Bob" doll may have been dislodged by another customer．(D)No，unless the “Buffalo Bob” doll had been displayed on the edge of the shelf in a negligent manner by one of F.A.O. Schwartz's employees．20. Amos is the owner in fee simple of Blackacre. a 7-acre tract, on which he maintains a dwelling house for himself and his family．Adjoining Blackacre is Whiteacre，a 10-acre tract，owned by Andy．In order to gain access to the highway, Amos has an easement to cross over Whiteacre．Amos has recently purchased Greenacre，a 12-acre tract，which abuts Whiteacre but is not appurtenant to Blackacre. Amos has begun constructing a farmhouse on Greenacre and is using the existing easement (across Whiteacre) to gain access to the 12-acre tract．Amos has never received permission from Andy to use the road across Whiteacre to gain access to Greenacre．In an appropriate action by Andy to enjoin Amos from using the existing easement to gain access to Greenacre，the plaintiff will most likely(A)succeed，because Amos is making use of the servient tenement beyond the scope and extent of the easement as it was originally created(B)succeed，because Amos has no right to use the servient tenement in connection with a tract of land which is not part of the dominant tenement(C)not succeed，because Amos has an easement by necessity(D)not succeed，because Amos has a right to use the easement in a manner not inconsistent with the rights of the owner of the servient tenement。
法律英语证书(LEC)考试试题库
法律英语证书（LEC）考试试题库法律英语试题库说明:法律英语试题库共分两部分～第一部分为普通法律英语部分～侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。
第二部分为涉外法律英语部分～侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。
Part One:普通法律英语部分I(Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit). ( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 21A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution. Laws or written rules which are passed by Parliament and ( )11 implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, andadjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carryinglaws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A(separate property F. adulteryB(bigamy G. beneficiaryC(custody H. separationD(heir I. necessariesE(nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriageduring a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.2( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate toan incompetent person's station in life, yet not available or providedby parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone otherthan the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.II. Choose the right word from the list given below for each blank. Change the form of the word if necessary. (15’)3Exercise 1Institution foundation startprovision statute knowcode experience jurisdictionstill-survive judicature advocateas exercise regardWe are about to pass into a world governed by _41__; and a few words will not be out of place as to the way in which codes are__42_in the countries where they form the __43__of the national law. In the first place a code is supposed, in theory at least, to provide a fresh__44_in all those parts of the law with which it deals. It is not conceived as resting upon a presupposed and__45_common law, but as standing upon its own foundations, _46__does, for example with us, a__47_introducing a novel principle, such as Workmen's Compensation. We shall not find in a continental code such language as that used in the Supreme Courtof_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable ofbeing__50_ by, all or any of the courts following ..." It was the intention of the authors of the French Civil Code that it should be interpreted only in the light of its own__51_and definitions. One of theearly commentators, Bugnet, said: “know nothing of civil law; I only teach the Code Napoleon."A very short__52_, however, was enough to show that this idea was impossible of realization. The judges and _53__, to say nothing of the not less important legal authors, whose task it was to expound and to apply the new Code, could not have done their work had they not been familiar with the old technical terms it adopted, and with the_54__which in substance it reproduced. Whatever pretence they might make of looking only to the text of the Code, they could not empty their minds of a large body of relevant professional knowledge, _55__ of something which we may, without great error, call the common law of France -- or atleast the common law of Paris.Exercise 2disputes justice pursuitprocedure plaintiff rootsprocedural reliance meansadversary jurisdictions claimsjudgment parties opposingIn all jurisdictions there is general agreement that the goal ofcivil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires4that the law of procedure provides some _59_ for performing each of the following basic functions: notifying the defendant that the _60_ is bringing suit, informing each party of the _61_ and contentions of the other, determining the nature of the dispute and the issues between the _62_, ascertaining the facts, deciding which principles of law govern the case, applying the law to the facts to reach a _63_, giving the judgment effect in some practical way, and having the official actions of lower courts checked by higher courts. With very few exceptions, the differences that exist in the _64_laws of the various_65_ are only differences with respect to the means chosen to perform one or more of these functions. In addition, American rules of procedure, with the exception of those in effect in Louisiana, have their _66_ in the early English common law. Consequently, most differences are not differences in kind; they are differences in the degree of evolution from early common law concepts. Finally, in all of our jurisdictions much _67_ is placed on the assumption that if each of the_68_ parties takes the steps and advances the propositions that appear to him or her to best serve his or her own cause, truth and _69_ will emerge. Because of this characteristic, our system is often referred to as the _70_ system.Exercise 3for court celebratinglater patted rejecteddrunk her withprison searched ofprosecutor declaring bothOne evening police officers saw a man and woman running down a street. The police __71__ them. The woman had a bag of money in her hand and a bulge in __72__jacket. They patted her down and found a gun. Then they __73__ down her companion; they found nothing. They took __74__ to the station, booked them and arrested them for armed robbery. Back on patrol __75__ that night they saw a group of rowdy college students__76__ a football victory. The group was in a quiet neighborhood. The two officers told the youths to “keep quiet”. Still later, they saw a __77__ stumbleand fell down; they took him to a nearby shelter.A few days later, a __78__ charged the two armed robbery suspects__79__ robbery, according to the state's criminal code. The woman went to __80__ ;the jury acquitted her because the only eyewitness died__81__ a heart attack the morning of the trial. After charging her companion, the prosecutor offered the male suspect a “deal.” In exchange __82__a plea of guilty, the prosecutor would reduce the charge to simple theft and ask the judge for a sentence to a newly instituted home confinement program instead of to prison. The man accepted the deal and pleaded guilty,5but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a courtorder __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he wouldnot seriously endanger the community.III. Vocabulary and StructureA. Match the words on the left with their definitions on the right.(8 points)86. strategy a) a legally registered design naming the originaldesigner as owner of the design87. tedious b) the name of a product or sometimes the name ofa company88. brief e) a memorable sentence used to advertise aproduct89. brand d) not very interesting and often repetitive90. e) tell someone about something, usually inshareholder connection with work91. slogan f) an owner of shares in a business92. spam g) junk mail93. patent h) a general plan intended to achieve somethingover a period of timeB. Complete the following sentences, using the appropriate phrasal verbs from the box below. Remember to put the verbs in the correct form. You should refer to the company structure of ABM plc for questions 1-3.(7 points)report to take off set up see to consist ofturn off do without put to go through694. ABM plc ______ four departments.95. Helen Grey ______ to the Personnel Manager.96. John Ross _______ the Maintenance Section.97. _______ the gas before you inspect the back of the cooker. 98. After inheriting a lot of money he decided to ______ his own business.99. I would like to _______ the sales figures with you and find out where the mistakes are.100. We really can't ________ his expert knowledge. Well have to reschedule the meeting to suit him.(三)Choose a word from the box for each space in the Exercise below. Remember to put the words in the correct form.manage post reference to arrangereach enclose require private moreoverstudy enable would particularly available46 Potters LaneWaltonLeicestershire23 April 2002 Mr Peter SellersDirector Human ResourcesCarney and Denham Consultants72 Cromwell RoadNottingham NT7 9GHDear Mr SellersWith 101 to your advertisement in the Independent on 21 April, I would like to apply for the 102 of Project Manager with your company.I am 35 years old and 1 have considerable experience in engineeringin both the public and 103 sector managing overseas construction projects. 104 , I have recently completed a course on Management and Communication and I am currently 105 for an MA degree in Engineering Management. This experience bas 106 me to develop the necessary leadership and Communication skills to 107 multidisciplinedconstruction teams. I am 108 interested in the position you are offering as I 109 like to become more involved with building refurbishment projects.I would be grateful if you could 110 an interview as soon aspossible as I am going abroad next month. I can Be 111 at the above address. I am 112 to start work from I June. Please find 113 my CV.Please do not hesitate to contact me if you 114 any furtherinformation.I look forward 115 heating from you.Yours sincerelyAnne ALexanderAnne Alexander (Ms)8IV. Read the materials and answer the following questions:Exercise 11. Read the following text and answer questions 116-120.Sometimes you might be asked to go to a selection or assessment centre. This is an extended interview which is made up of a series of group activities, rests and presentations. You will be assessed throughout the day by assessors who will be looking to see how well you work in a ream, whether your communication skills are good and whether you can work to deadlines. Team work is important. You don't do yourself any favors by trying to take over the group, but at the same time, don't sit back and let everyone else do the work.Don’t panic if you're asked to do a presentation on something you don't know much about as the way you give the presentation is often more important than the content itself. You should practice beforehand so you know how long the presentation takes. The best advice on dealing with a selection centre is to give it your best shot. If you sit timidly in the corner, the assessor cannot make any judgment about you.When you take a personality test, which is designed to find outabout your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly thereis usually no right or wrong answers. Answer the questions honestly and positively. There is no point in trying to give the answers you think the employer will want because firstly you might have the wrong ideaabout what the employer is looking for, and secondly, you don't want 1o gel tile job and spend the ensuing months trying to be someone whoyou're not. 116. What is the Exercise mainly concerned with?9117. How should you behave during the day at the selection centre? 118. How should applicants approach giving presentations?119. Does it matter if you answer questions incorrectly in a personality test? Why?120. What does the author say about lying in a personality test?Exercise 2Despite the attention paid within advertising agencies to the whole business targeting specific groups, there have been some spectacular failures to get it right when companies have tried to go international or global with their products. This has been for a variety of reasons. Sometimes, the brand name of the product has unfortunate associations when translated into foreign languages. Looking at this area can illustrate how powerful the operation of connotation is --the way in which words can call up associations in our minds. Because of the way we make connections between words and particular ideas, feeling and experiences, brand names are crucial for advertisers. They are very economic, acting as little concentrated capsules of meaning. Where advertisers get it right, readers will do the work to generate all the intended connotations.There are whole companies who specialize in offering research onbrand-name connotations to product manufacturers looking for a name fora new product, or looking at how best to market an existing product to new, foreign audiences. These companies—for example Inter-brand, and The Brand-naming Company typically organize brainstorming sessions where they ask groups of people to let their imaginations ‘roam free’, from which meetings they arrive at shortlists of names whosesuitability is then researched further. Names on the shortlists have to pass certain10tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; thatthey have the right connotations. The latter, however, is a complex area. Even within one language, connotations can be about quite subtle distinctions. For example, when Pickfords Travel merged with Hogg Robinson two years ago, the shortlist for the new company had two main contenders: 'Destinations' ,arid 'Going Places'. The new company chose the latter, deciding that 'destinations' tended to suggest long haul flights to farflung places travel for the privileged. 'Going Places', on the other hand, was thought to describe all sorts of travel andtherefore be more suitable for the mass market, which was the company’s target.2. Mark statements 121-125 True or False according to theinformation provided in the text above.121. This Exercise is mainly about how to choose names for companies wishing to go global.122. Good names make the right connection between words and ideas. 123. ‘Going Places' is used as an example to show how hard it is to choose a name for a company.124. ‘Destinations' is likely to appeal to wealthy travelers. 125. One technique brand name consultants often use is to invite people to freely suggest any names on their mind.Exercise 3Material 1: Jurisprudence: An Overview11The word jurisprudence derives from the Latin term jurisprudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. Thefirst and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and thesocial sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as what is law? How do judges (properly) decide cases?Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevantlegal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist andnatural12law schools of thought. Positivists argue that there is no connection between law and morality and the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy; religion, human reason and individual conscience are also integrating parts of the law.There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think about jurisprudence as a continuum.The above-mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.Material 2: Legal PhilosophyJurisprudence is the philosophy of law and of the legal system.There are many ways of classifying legal philosophy or jurisprudence. The four major schools of thought are natural law, positive law, sociological jurisprudence and legal realism.The natural law school of thought feels that the legal system should model the relationships found in nature and believe in the innate goodness of man.13The natural law school of thought began during the fifth century B.C. and states that there exists a sense of what is just and right in nature separate and distinct from the rules that may be developed by a state.Aristotle asserted that law existed in nature and could beascertained by man's exercise of his power to reason. The Stoic schoolelaborated on and expanded on the ideas of Aristotle in the thirdcentury B.C. Duringgentium (the law of nations) was the Roman period the concept of jus similar to the earlier Greek natural law theories.St. Thomas Aquinas combined the Greek and Roman schools of thoughtinto a Christian view that God reveals natural law to man through man's ability to reason. John Locke argued that man had a "bundle" of rights, only some of which he surrendered to the state in order to live in an organized society. According to Locke, the individual retained the remaining rights in the bundle. This view is recognized in the Tenth Amendment to the United States Constitution. The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.Beginning with the nineteenth century, there was a move away from reliance on natural law toward the concept of positive law. Natural law takes the position that law is based on fundamental truths. Thisposition is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism oranalytical jurisprudence) believe that law should be more scientific and less reliant on blind faith. Thus, positive law deals with axioms and attempts to develop a legal system based on logic rather than on beliefs.Legal positivism originally developed in Europe. The legalpositivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) Asa result, positive law can be distinguished from morality because morality does not come from the sovereign, while law is, or at least should be, handed down by the sovereign. There are four basic components of legal positivism:1. Law consists of rules.2. Law is different from morals.3. The sovereign establishes the rules.4. Legal rules carry sanctions.Legal positivism is best exemplified in the views of Hans Kelsen andH. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law14faculties of many European universities before immigrating to the United States in 1940. Kelsen viewed the law as being self-supporting and not dependent on any external values. He said, "A norm becomes a legal norm only because it has been constituted in a particular fashion, born of a definite procedure and definite rule. Law is valid only as positive law, that is, statute (constituted) law". In Kelsen's view, therefore, all the actions of any given government are valid so long as those actions are recognized as valid by statute within that country. Hart, on the other hand, expands this somewhat narrow view. Hart rays that the law must treat all like cases alike. He argues that legal positivism stands for the proposition that law does not necessarily have to relate to morality. To Hart, rules of law are more important than the process of how courts decide cases.The natural law proponents seem to have a "justification by faith" approach to jurisprudence. The advocates of legal realism have a seemingly coldhearted rationalism that rests on the effects of the law, with little apparent concern for what the law should be. A third school of legal thought adopts a position somewhat between these two previous schools of thought. This third school --sociological jurisprudence -- is concerned with the effects of law, but it is also concerned with the justifications and reasons that underlie the enactment of the law. Its supporters observe, analyze, and justify both the justifications for the law and the effects of the law by applying the modern tools of psychology, sociology, and anthropology. Proponents of sociological jurisprudence believe that a law must be properly justified and have an appropriate effect in the society, based on the societal values andgoals of the given populace.The American legal philosophy can best be described as legal realism. Legal realism can be viewed as being on the opposite end of thepolitical spectrum from legal positivism. Legal realism has its roots in natural law, but it tries to take the "human element" into account, rather than relying on the innate nature of the universe as ajustification or explanation for the legal system. Natural law consists of four basic elements:1、 Law is based on the nature of man.2. Legal rights can be discovered by the exercise of reason.3. Law is constant.4. Legal principles must be just and fight.Legal realists have a somewhat more open view of the law, feeling that law reflects what "is" and not what it "ought" to be. Accordingly, legal realism can be viewed as consisting of two parts:1. The law is a social process, not a body of "rules".152. Law is what legal decision makers actually do about the statutes and rules.Legal realists concentrate on natural law than on rules. Legalrealists believe that law is based on the nature of man, but they also recognize that law is a social process based on logic, so thatlegal rules need to be just and fight.Each of the four schools has strong proponents and each has strong opponents. An application of each theory to the same set of facts leads to several different results. An understanding of the philosophy of law in any region allows one to understand the government of that region and basic attitudes commonly held by people within that region.Answer the questions according to the given materials:126. Is there any difference between jurisprudence and legal philosophy?Why?127. How many schools of jurisprudence as you know? What?are the main legal ideas of the natural legal school? 128. What129. What are the main legal ideas of the positive legal school?。
法律英语试题库及答案
法律英语试题库及答案一、单选题（每题2分，共20分）1. Which of the following is the correct translation of "plaintiff" in legal English?A. 被告B. 原告C. 证人D. 律师答案：B2. The term "due diligence" in legal context typically refers to:A. 尽职调查B. 尽责调查C. 尽职尽责调查D. 尽职尽责尽责调查答案：A3. In legal English, "contract" is often used to refer to:A. 合同B. 契约C. 协议D. 协议书答案：A4. The phrase "in consideration of" is commonly used in legal documents to mean:A. 鉴于B. 考虑到C. 由于D. 因为答案：B5. Which of the following is not a type of intellectual property?A. 商标B. 专利C. 版权D. 商业秘密答案：D6. The term "tort" in legal English refers to:A. 侵权行为B. 犯罪行为C. 合同违约D. 民事纠纷答案：A7. "Jurisdiction" in legal English means:A. 管辖权B. 审判权C. 执行权D. 立法权答案：A8. The abbreviation "LLC" stands for:A. Limited Liability CompanyB. Limited Legal CompanyC. Legal Liability CompanyD. Legal Limited Company答案：A9. "Probate" in legal English refers to the process of:A. 遗嘱认证B. 遗嘱执行C. 遗嘱公证D. 遗嘱登记答案：A10. "Statute" in legal English is used to denote:A. 法规B. 法律C. 法令D. 条例答案：B二、填空题（每题2分，共20分）1. The legal term for a formal written statement submitted toa court is a(n) _____________.答案：brief2. A(n) _____________ is a legal document that outlines the terms and conditions of a contract.答案：agreement3. The process of challenging the validity of a will is known as _____________.答案：contest4. A(n) _____________ is a legal professional who represents clients in court.答案：attorney5. The term _____________ refers to the legal principle that no one may profit from their own wrongdoing.答案：unclean hands6. A(n) _____________ is a legal document that grants a person the authority to act on behalf of another.答案：power of attorney7. The legal term for a formal written request to a court is a(n) _____________.答案：petition8. A(n) _____________ is a legal document that provides evidence of a debt.答案：promissory note9. The legal term for a formal written order from a court is a(n) _____________.答案：decree10. A(n) _____________ is a legal document that outlines the terms and conditions of a sale of real estate.答案：deed三、判断题（每题2分，共20分）1. The term "lien" in legal English refers to a legal claim on property to secure the payment of a debt. (对/错)答案：对2. "Negligence" in legal English means the failure to exercise reasonable care, resulting in harm to another. (对/错)答案：对3. "Indemnity" in legal English refers to the right to be compensated for a loss or damage suffered. (对/错)答案：对4. A "writ" is a legal document issued by a court that ordersa person to do or refrain from doing a specific act. (对/错) 答案：对5. "Affidavit" in legal English is a written statement of facts voluntarily made by a person under oath. (对/错)答案：对6. "Misdemeanor" in legal English refers to a less serious crime than a felony. (对/错)答案：对7. "Arbitration" is a form of alternative dispute resolution where a neutral third party makes a binding decision. (对/错) 答案：对8. "Eminent domain" refers to the power of the government to take private property for public use without compensation. (对/错)答案：错9. "Venue" in legal English refers to the geographical location where a legal action is brought. (对/错)答案：对10. "Custody" in。
LEC模拟题+解析
LEC法律英语证书考试模拟题+答案解析1.Donald is the plant manager for the local sneaker manufacturing plant of Disneak,Inc.The child labor laws in this jurisdiction provide,“It is a violation of the law for anyone to employ a person under17years of age for full-time labor.”Donald, unaware of the law and believing the Disneak’s policy was to rely on a youthful workforce,hired several16-year-olds to work at the plant full time.He did not ask their ages and they did not disclose them.Had Donald chosen to discover their ages he could have done so by asking for identification.If the statute is interpreted to create strict liability,Donald is most likely:A.Not guilty,because Disneak,not Donald,is the employer of the children.B.Guilty,because he should have inquired as to the ages of the children.C.Not guilty,because he believed he was following company policy and was unaware of the law.D.Guilty,because he hired the children.2.UnconscionabilityA.Contract negotiations usually made when a person is drunk or unconscious.B.Doctrine that allows courts to protect the weaker party in a contract.C.Unjust enrichment.D.A confession of judgment,such as the admission of debt by debtor.3.Smith owns a house,and agrees to lease it to Jones.The lease states that it willcommence on July4,2004,but provides no termination date.Rent reserved is $1,000per month.How can the tenant or the landlord terminate the lease?A.Either party can terminate by giving the other party one-month’s notice.B.Either party can terminate at the end of the one-year lease term.C.The tenant may terminate the lease at any time.D.The landlord may terminate the lease at any time.4.In which of the following cases is specific performance most likely to beavailable?A.For the sale of land.B.For construction of a large shopping mall.C.For the painting of a portrait.D.For the sale of goods.5.Which of the following provisions of the Bill of Rights have been incorporated?I.The Free Speech Clause II.The Cruel and Unusual Punishment Clause III.The Excessive Fines Clause IV.The Takings ClauseA.I,II,III and IV.B.I and II only.C.I,II and IV only.D.II only.6.The reason behind a decision is called the_______.A.res ipsa loquiturB.obiter dictaC.de factoD.ratio decidendi7.Unilateral ContractA.A contract for the sale of only a single item or service.B.An unenforceable contract.C.A contract where there is no"meeting of the minds".D.A contract which one party promises to do or refrain from doingsomething in return for actual performance by the other party.8.Which of the following is the correct answer for the excuses for nonperformanceunder a contract?A.impossibilitymercial impracticabilityC.frustrationD.all of the above9.Leslie,Kelly,and Blair wanted to form a business.Which of the followingbusiness entities does not require the filing of organization document with the state?A.Limited partnership.B.Joint venture.C.Limited liability company.D.Subchapter S corporation.A Subchapter S corporation is a corporation,which meets the requirements for and has made a proper election to be taxed under Subchapter S of the Internal Revenue Code.10.Smith leases Tanacre to Jones.The ten-year lease has the following expressprovision:“the premises must be used for residential purposes as an apartment building”.By year eight,the entire surrounding neighborhood has become commercial,and Jones is unable to find residential tenants.Jones asks Smith if he convert the building into a hotel.Smith refuses,and threatens to terminate the lease,and sue for the rent for the remaining term.What would be Jones’s best argument in defense?A.Impossibility of performance.mercial frustration.C.Breach of the implied warranty of suitability.D.Breach of the implied warranty of habitability.11.Smith,an amateur photographer who occasionally sells his travel photos to friendswho frame them,recently returned from an“Around the World in80days Cruise”.He immediately went to his local camera store to get his dozen roles of film developed,and printed.The clerk gave him a receipt for the film.A week later, Smith returned to the camera store,but the clerk was unable to find prints,the negatives or the exposed film.What legal relationship was created between Smith and camera store?A.Trust.B.Bailment.C.Gift.D.Conversion.12.At common law,what interest was created when Smith conveyed Tanacre to Jonesin the following manner:“to Jones forever”?A.A fee simple absolute.(to Jones and his heirs)B.A fee simple determinable.(use limitation)C.A life estate.D.A fee tail.(limitation to Jones and the heirs of her body)13.Due ProcessA.Procedures established only under the Administrative Procedure Act.B.The rights of non-citizens before immigration officers.C.The legal requirement that the state must respect all of the legal rights that are owed to a person.D.The principle that all persons are equal before the law.14.Banks conveys Tanacre as follows:“to Smith for life,then to his daughter Amyfor life,then to her children and their heirs”.Smith dies.What impact does that have on the state of the title?A.Amy’s life estate vests.B.Amy’s life estate becomes a present possessory interest.C.Amy takes Tanacre in fee simple absolute.D.None of the above.15.Plea BargainA.A meeting of the criminal minds.e of federal sentencing guidelines.C.A reduced court filing fee for filing pleadings.D.A defendant's agreement to plead guilty in exchange for a reduced charge or other special treatment.16.Smith conveys Tanacre“to Amy and her brother Boris with right of survivorship”.What estate is created?A.A joint tenancy.B.A tenancy by the entirety.C.A tenancy in common.D.Concurrent life estates,with reversion to Smith at the death of the first to die.17.What duty of care is owed to undiscovered trespassers?A.(Very high standard of care)Liable for slight negligence-If plaintiff is apassenger or guest.B.None-they can never recover on negligence claim againstlandowner/possessor.C.Reasonable cost of repair,or if property nearly destroyed the FMV(fairmarket value)at time of accident.D.At common law,completely barred plaintiff’s right to recovery,unless lastclear chance applies.18.Suppose after renting and living in the apartment for eight months,the airconditioner no longer functions.Room temperature hovers around90degrees.Tenants inform the landlord Smith Enterprises,but they fail to repair.Which of the following would Tenants have to prove to prevail?A.That the failure to fix the air conditioning was an obligation under the lease.B.That the lack of air conditioning rendered the premises unfit for human habitation.C.That Jones moved out in a reasonable time.D.All of the above19.Promissory EstoppelA.A failure to prosecute a civil or criminal action.B.Power to make an offer to the public in general rather than a specific individual.C.Equitable doctrine recognized as a substitute for consideration in some cases.D.Ability of an agent to bind a principal in matters beyond the scope of agency.20.All of the following statements are true regarding a partnership except__________.A.each partner's liability is limited to the amount he or she contributed to the partnership.B.partners pay personal income tax on their share of the partnership's income.C.if the partnership agreement does not specify otherwise,profits will be shared equally by the partners.D.a new partnership agreement is required whenever a new partner enters or leaves the partnership.21.Seller publishes a catalog listing prices for various office supplies.Buyer mails anorder for100boxes of paper clips at the catalog price.Seller ships the clips upon receiving the order.Ten days later,Seller sends an invoice to the Buyer,billing the Buyer according to the terms in the catalog.Which of the following is true?A.The catalog constitutes an offer.B.Buyer’s order was an offer.C.Seller’s shipment was an offer.D.Seller’s shipment was a rejection and counteroffer.22.A physician says to his patient,Gwen,“I guarantee you a100%good hand aftersurgery.”Gwen had suffered from a bad hand for years because of an injury.The physician had talked to Gwen over the course of several months,suggesting the surgery to her because it involved a kind of surgery of particular interest to the physician.Through his negligence,the physician makes the hand even worse after surgery that it was before.He is liableA.In tort.B.On an express contract.C.On an implied contract.D.All of the above.23.Joy and Todd reach an oral agreement about each of the following.Which of themis unenforceable?A.The sale of a new car.B.A lease of an apartment for9months.C.A six-month loan of$1000.D.None of the above.merce clauseA.The constitutional provision giving the U.S.Congress power to legislate over all matters that affect"interstate commerce."B.The recognized power of the U.S.Congress to legislate over matters that occur outside of the United States.C.The power of the President to regulate banks because of national economic and security considerations.D.The power of the President to regulate air traffic because of public safety issues.25.By letter dated February1,a farmer offers to deliver to buyer100tons of grain onApril15,for a price of$250per ton,payment to be made two weeks before delivery.Buyer accepts by letter dated February5.On March1,Seller sends Buyer a fax saying,“Due to labor action by agricultural workers,we may not be able to deliver until April22.”Buyer would be best advised toA.Send a letter to Seller stating that Seller is in breach and Buyer will not pay untilafter delivery.B.Telephone the Seller as soon as possible to notify Seller of possible damages.C.Send Seller a letter asking for an assurance that Seller will perform by the contract date.D.Wait and see what happens on the delivery date.26.ConsiderationA.Process of judicial deliberation before rendering a decision in a contested caseB.Early attention given to contract negotiating strategiesC.Something of value given by one party in return for the promises of the other party to the contractD.Reliance27.Which of the following statements is correct regarding both debt and commonshares of a corporation?mon shares represent an ownership interest in the corporation,but debt holders do not have an ownership interest.mon shareholders and debt holders have an ownership interest in the corporation.mon shares typically have a fixed maturity date,but debt does not.mon shares have a higher priority on liquidation than debt.28.Intentional infliction of emotional distress(IIED)A.A cause of action that allows for recovery after a person is insulted.B.The grief a child will bring upon his parents,C.A tort claim for intentional conduct that results in extreme emotional distress.D.Striking another person intentionally.29.Which of the following statements concerning corporation is NOT corrrect?A.A shareholder is not liable for any corporate obligation personally guaranteed.B.The shareholder’s liability for the corporation’s debts does not extend beyond the amount of their investment.C.Under certain circumstances a shareholder may be personally liable.D.The shareholders have limited liabilities for the corporation’s debt.30.Philip was an epileptic.Philip loved to drive his automobile.Although Philip wastold by several physicians that he was subject to,and would have,epileptic seizures he nevertheless continued to drive his automobile.Two weeks ago Philip left the shopping mall and was on his way home when he suffered an epileptic seizure.His car careened into a hamburger stand and killed six people.Eight others were wounded.Philip may properly be convicted ofA.murderB.felony murderC.voluntary manslaughterD.involuntary manslaughter31.Sandy and Wendy are neighbors in an apartment building.Sandy hates Wendybecause she learns that Wendy,a single woman,is having an affair with her husband.One day Sandy found that Wendy and her husband went together to the cinema.She flew into a rage.She waited outside Wendy’s house and,when Wendy and her husband kissed goodbye,she rushed out and struck three quick blows to Wendy’s head with a crescent wrench.Wendy dies before the ambulance arrives.Sandy may properly be convicted ofA.murderB.felony murderC.voluntary manslaughterD.involuntary manslaughter32.Owen and Willa make a contract in which Willa is to work for two weeks,andOwen is to pay her at the end of the second week.A.Payment and doing the work are concurrent conditions.B.Payment is a condition precedent.C.Payment is a condition subsequent.D.Doing the work is a condition precedent.33.Andrew throws a baseball towards Barry,with whom he is playing pitch and catch.Andrew’s aim is bad and the ball hits Cassandra,who is walking nearby.A.Andrew has committed battery against Cassandra because his intention to hit Barry with the ball is transferred to CassandraB.Andrew has not committed battery against Cassandra because he did not intend to harm herC.Andrew has committed battery against Cassandra because he intended to throw the ball,which hit herD.Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it34.Smith,a second-hand book dealer,purchased a used four-volume set ofBlackstone’s Commentaries from Jones for$200.Jones inherited the book from his Uncle John.Inside the book,he came across a War Bond made out in the name of Ulysses Wescott,Sergeant,U.S.Army Quartermaster Corp.,with a face value of$100.The date of maturity is January1,1950.Even though the bond has matured a half-century ago,the ernment continues to be obligated to pay $100.Smith finds out that the value of the bond to collectors is$5,000.To whom should the bond be awarded?A.SmithB.JonesC.Wescott if he is alive;his heirs if he is notD.The ernment.35.In considering the differences and similarities between state courts and federalcourts,A.only state court judges are appointed for life.B.states judges and federal judges are both appointed by the executive branch.C.both types of courts have the power of judicial review.D.only the federal court system has a court of last resort.36.Diversity JurisdictionA.The contemporary requirement that a jury should be comprised of persons of different national backgrounds in order to reflect the diversity of society.B.The jurisdiction in a federal court when the parties are from different states and the amount in controversy exceeds$75,000.C.The power of the federal courts to hear"federal questions."D.The English translation of the French legal treatise,Diversitédes courts.37.Which of the following are considered to lack capacity to contract?A.minorsB.persons suffering from mental illnessC.intoxicated personsD.all of the above38.Which right(or rights)is(or are)NOT provided by the Supreme Court’s decisionin Miranda v.Arizona(1966)?A.The right to be informed that police must cut off questioning if the defendant asksfor a lawyer.B.The right to make one phone call to speak to a lawyer.C.The right for a lawyer to be able to make contact with an arrested person.D.All of the above.39.Mark received a citation for driving65in a50m.p.h.zone,punishable by a$250fine.Which could be a defense?A.He reasonably thought the speed limit was65m.p.h.B.His speedometer was broken.C.He just received a call from his wife informing him that a brush fire had started near his home.D.Both A and B.40.Which of the following is least likely to serve as the underlying felony in aprosecution for felony murder?A.ManslaughterB.ArsonC.RapeD.Burglary41.A copyright is considered to be__________.A.propertyB.contractC.a copyD.an original42.Smith is the owner of5acres square tract of undeveloped rural land.Unbeknownst to Smith,Jane has used the property each summer as campsite during her month long vacation for the past25years.In1990,ten years after Jane entered on to the land,Smith entered the land and told her to get off his land, which she did.The next day he posted“No Trespassing”signs.Jane returned the following week,and continued her use for the period largely unmolested(not interfered with/disturbed)by Smith,though Smith occasionally entered the land in succeeding autumns.Has Jane fulfilled the requirements for adverse possession?Assume that the state has a twenty-year statute of limitations.A.No,Smith’s entry is no longer adverse.B.Yes,Smith’s entry is insufficient to interrupt the continuous requirement.C.No,Smith’s use of the land no longer renders her use exclusive.D.Yes,Smith’s use of the land is minimal and therefore her use remains exclusive.43.Mary is a defendant charged with the federal crime of violating federal postalregulations by sending out mail from her office with unauthorized“metered mail”markings.This federal crime is punishable by a maximum fine of$10,000or six months in jail.When Mary is arraigned she tells the federal judge that she is indigent,but the judge says,“I’m not planning to give you any jail time if you are convicted.This is a petty offense.So we don’t need to bother with a lawyer for you.”Mary is convicted and sentenced to pay a fine of$500.Mary appeals and because she is indigent,she receives an appointed lawyer on her federal appeal.Her lawyer argues that the trial judge’s actions violated Mary’s constitutional rights.Which of the following arguments WILL be made by Mary’s defense counsel on appeal?A.That Mary has a Due Process Fourteenth Amendment right to the appointment ofcounsel on a case-by-case basis,as long as she can show that she has special circumstances in her case that demonstrate her need for counsel.B.That Mary has a per se Due Process Fourteenth Amendment right to theappointment of counsel.C.That Mary has a Sixth Amendment right to the appointment of counsel because jailis an authorized penalty for the crime with which she is charged.D.That Mary has a per se Sixth Amendment right to the appointment of counsel.44.Which of the following will ordinarily support a legally binding contract?A.Past consideration.B.Moral consideration.C.Nominal consideration.D.None of the above.45.Trade secret protection is acquired when__________.A.the idea or information is createdB.permission is granted to use the secretC.the secret is written downD.the secret is videotaped46.As interpreted by the Supreme Court in Marbury,which of the followingstatements can be made about Art.III,Section2?A.The original jurisdiction of the Supreme Court is set by the Constitution; Congress can neither add to it nor subtract from it.B.Congress can add to the Supreme Court's original jurisdiction,but it can't subtract from it.C.Congress can subtract from the Supreme Court's original jurisdiction,but it can't add to it.D.Congress can make"any exceptions"to the Supreme Court's jurisdiction it desires.47.Prima facie cause of actionA.What a defendant must prove to establish liability for a cause of action.B.What a plaintiff must prove to establish liability for a cause of action.C.The first element of a tort that can bring rise to a cause of action.D.The instructions given to the jury at the close of trial.plaintA.Statement made to the professor about the temperature in the classroom.B.A document setting forth the basis of a claim and the relief sought.C.Another name for the"plaintiff."D.The instructions which a judge will give to the jury at the end of a civil trial.49.Leading questionA.A question that suggests its answer.B.The first in a series of questions.C.A dispute over dancing partners.D.An important public issue.50.HearsayA.Process of selecting a juryB.A type of evidence that is often excluded,unless it falls within an accepted category.C.Evidence that is not admissible in court under any circumstances.D.Evidence that is always admissible in court under all circumstances.51.Double-jeopardyA.Prohibition against being sued in civil court after being charged with a criminaloffense.B.Being placed on trial twice for the same offense by the same sovereign.C.Being unable to serve a summons.D.Insufficient evidence to bring before a grand jury.52.Preponderance of the EvidenceA.The burden of proving a fact"beyond a reasonable doubt."B.The burden of proving a fact with"substantial evidence."C.The burden of proving that the existence of a fact is more probable than itsnon-existence.D.The assumption that a fact is true for purposes of reviewing a motion to dismissfor failure to state a cause of action.53.Which of the following statements is the best definition of real property?A.Real property is only land.B.Real property is all tangible property including land.C.Real property is land and intangible property in realized form.D.Real property is land and everything permanently attached to it.54.Assume that you are a prosecutor and you are about to start jury selection in adeath penalty case in state court.You are worried that your case might not be given a fair hearing by a jury panel.The defendant is African-American and the victim was white.Given your experience you expect at least half of the prospective jurors to be African-American.In addition,you are trying the case in a county that has a good number of citizens who are against capital punishment.You anticipate that defense counsel will want to question all prospective jurors, especially those that are white,about racial biases.You are planning to object and hope to limit this line of questioning.Your objections will probably be:A.Overruled,because there are no limitations to voir dire in capital cases.B.Sustained,if race is not relevant to the case beyond the fact that the victim and defendant are of different races.C.Sustained,because the court has almost total discretion with regard to what to allow during the voir dire.D.Overruled,because in capital cases where the victim and defendants are ofdifferent races,the defendant has a constitutional right to ask prospective jurors about possible racial biases.55.A technique used by the court to establish whether there is a causal link betweenthe defendant's breach and the plaintiff's loss is called the:A.All of the aboveB.‘What if’testC.‘Cause’testD.‘But for’test56.Which of the following is most likely to be held void(as opposed to voidable)?An apparent agreement vitiated byA.infancyB.incapacityC.duress by forceD.A and C57.AcceptanceA.An exception to a general rule of contract lawB.A counteroffer that changes the terms made by the offerorC.Surrender to the terms of the offerorD.A manifestation of assent by the offeree to be bound to the terms of the offeror58.Directed verdictA.A ruling by the judge upon finding that the evidence so favors one party that it is not even necessary for the jury to make a decision.B.A judgment against the directors of a corporation.C.A wrongful verdict by a jury.D.A large monetary award for the plaintiff.59.Finest Product Company and Great Goods,Inc.,use the mark“Good Housekeep”to certify their own products.Finest and Great are not in business together and do not own the mark.The mark is________.A.collective markB.certification markC.service markD.trade dress60.Alberto likes mushrooms.He buys the book The Encyclopaedia of Mushroomsand goes mushroom hunting,relying on the descriptions in the book.He picks, cooks and eats some wild mushrooms,which turn out to be poisonous.Alberto gets acute food poisoning.He sues the publisher of the encyclopaedia.Which of the following most accurately states the likely outcome?A.The publisher is not liable because the information in the book is not a “product”for the purposes of strict liability.B.The publisher is not liable because it could not reasonably have expected that readers would fall ill as a result of relying on the information in the bookC.The publisher is strictly liable because the information in the book was a defective product.D.The publisher is strictly liable because the book is a product and the book caused Alberto harm.61.The Penal Code of the state provides that:“A person is guilty of burglary if,withpurpose to commit a crime therein,the person enters a building or occupied structure that the person is not licensed,privileged,or invited to enter.”If Robin were charged with burglary as defined in the statute,which of the following would be his best argument for acquittal?A.There was no breaking.B.He had consent of the owner.C.He reasonably believed he was entering his own house.D.he found the window unlocked.62.Assuming Bob committed arson,which of the following is the best evidence thatDarrin aided and abetted that arson?A.Darrin was reckless with respect to Bob’s intentions.B.Darrin gave Bob his lighter.C.Darrin did nothing to stop Bob once he suspected his purpose.D.Bob trusted Darrin not to try to stop him.63.Alan is an invitee on Paul's land.Therefore,Paul owes Alan a duty__________A.to exercise reasonable care to protect him against dangerous on-premisesconditions that Paul knows about,or reasonably should know aboutB.only to warn him of dangerous on-premises conditions that he is not likely todiscoverC.only not to willfully and wantonly injure him on the propertyD.None of the above64.Which of the following are excuses for nonperformance under a contract?A.Impossibilitymercial impracticabilityC.frustration of ventureD.all of the above65.Which of the following is not a defense to a negligence claim?A.contributory negligenceparative negligencest clear chanceD.assumption of risk66.Under which of the following situations does strict liability apply?A.keeping naturally dangerous wild animalsB.manufacture or sale of defective and unreasonably dangerous productsC.both A and BD.Neither A and B67.Which of the following statements regarding trial courts is false?A.Cases involving significant dollar amounts usually begin at the trial court level.B.Trial courts keep detailed records of their proceedings.C.Determination of the applicable law is the trial judge's responsibility.D.The trial court's fact-finding function is always handled by the jury.68.Which of the following constitutional provisions apply against state governments?I.The privilege against self-incrimination.II.The right to a jury in most civil trials.III.The right to be free of double jeopardy.IV.The right not to be tried for a criminal offense in the absence of an indictment.A.I and III only.B.III only.C.I,III and IV only.D.I,II,III and IV.69.Which of the following might be protected by trademark law?A.Product or container shapesB.ColorsC.SoundsD.All of the above70.Marry works in a doughnut shop.Her supervisor accuses her of stealing from thetill and asks her to accompany him to his office at the back of the shop for questioning.Martin does so and remains in the office for half an hour.She says she felt compelled to do so in order to clear her name.She later brings an action alleging false imprisonment.Which of the following most accurately describes the proper result?A.Marry was falsely imprisoned because she was not free to leave.B.Marry was falsely imprisoned because she felt compelled to stay.C.Marry was not falsely imprisoned because moral compulsion to stay isinsufficient without some physical compulsion(or threat of it).D.Marry was not falsely imprisoned because she entered the office voluntarily.71.Victor administers poisonous drug to Mary to cause miscarriage.It is found that。
法律英语证书(LEC)考试试题库
法律英语证书（LEC）考试试题库法律英语试题库说明:法律英语试题库共分两部分～第一部分为普通法律英语部分～侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。
第二部分为涉外法律英语部分～侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。
Part One:普通法律英语部分I(Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit). ( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 21A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution. Laws or written rules which are passed by Parliament and ( )11 implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, andadjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carryinglaws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A(separate property F. adulteryB(bigamy G. beneficiaryC(custody H. separationD(heir I. necessariesE(nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriageduring a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.2( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate toan incompetent person's station in life, yet not available or providedby parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone otherthan the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.II. Choose the right word from the list given below for each blank. Change the form of the word if necessary. (15’)3Exercise 1Institution foundation startprovision statute knowcode experience jurisdictionstill-survive judicature advocateas exercise regardWe are about to pass into a world governed by _41__; and a few words will not be out of place as to the way in which codes are__42_in the countries where they form the __43__of the national law. In the first place a code is supposed, in theory at least, to provide a fresh__44_in all those parts of the law with which it deals. It is not conceived as resting upon a presupposed and__45_common law, but as standing upon its own foundations, _46__does, for example with us, a__47_introducing a novel principle, such as Workmen's Compensation. We shall not find in a continental code such language as that used in the Supreme Courtof_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable ofbeing__50_ by, all or any of the courts following ..." It was the intention of the authors of the French Civil Code that it should be interpreted only in the light of its own__51_and definitions. One of theearly commentators, Bugnet, said: “know nothing of civil law; I only teach the Code Napoleon."A very short__52_, however, was enough to show that this idea was impossible of realization. The judges and _53__, to say nothing of the not less important legal authors, whose task it was to expound and to apply the new Code, could not have done their work had they not been familiar with the old technical terms it adopted, and with the_54__which in substance it reproduced. Whatever pretence they might make of looking only to the text of the Code, they could not empty their minds of a large body of relevant professional knowledge, _55__ of something which we may, without great error, call the common law of France -- or atleast the common law of Paris.Exercise 2disputes justice pursuitprocedure plaintiff rootsprocedural reliance meansadversary jurisdictions claimsjudgment parties opposingIn all jurisdictions there is general agreement that the goal ofcivil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires4that the law of procedure provides some _59_ for performing each of the following basic functions: notifying the defendant that the _60_ is bringing suit, informing each party of the _61_ and contentions of the other, determining the nature of the dispute and the issues between the _62_, ascertaining the facts, deciding which principles of law govern the case, applying the law to the facts to reach a _63_, giving the judgment effect in some practical way, and having the official actions of lower courts checked by higher courts. With very few exceptions, the differences that exist in the _64_laws of the various_65_ are only differences with respect to the means chosen to perform one or more of these functions. In addition, American rules of procedure, with the exception of those in effect in Louisiana, have their _66_ in the early English common law. Consequently, most differences are not differences in kind; they are differences in the degree of evolution from early common law concepts. Finally, in all of our jurisdictions much _67_ is placed on the assumption that if each of the_68_ parties takes the steps and advances the propositions that appear to him or her to best serve his or her own cause, truth and _69_ will emerge. Because of this characteristic, our system is often referred to as the _70_ system.Exercise 3for court celebratinglater patted rejecteddrunk her withprison searched ofprosecutor declaring bothOne evening police officers saw a man and woman running down a street. The police __71__ them. The woman had a bag of money in her hand and a bulge in __72__jacket. They patted her down and found a gun. Then they __73__ down her companion; they found nothing. They took __74__ to the station, booked them and arrested them for armed robbery. Back on patrol __75__ that night they saw a group of rowdy college students__76__ a football victory. The group was in a quiet neighborhood. The two officers told the youths to “keep quiet”. Still later, they saw a __77__ stumbleand fell down; they took him to a nearby shelter.A few days later, a __78__ charged the two armed robbery suspects__79__ robbery, according to the state's criminal code. The woman went to __80__ ;the jury acquitted her because the only eyewitness died__81__ a heart attack the morning of the trial. After charging her companion, the prosecutor offered the male suspect a “deal.” In exchange __82__a plea of guilty, the prosecutor would reduce the charge to simple theft and ask the judge for a sentence to a newly instituted home confinement program instead of to prison. The man accepted the deal and pleaded guilty,5but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a courtorder __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he wouldnot seriously endanger the community.III. Vocabulary and StructureA. Match the words on the left with their definitions on the right.(8 points)86. strategy a) a legally registered design naming the originaldesigner as owner of the design87. tedious b) the name of a product or sometimes the name ofa company88. brief e) a memorable sentence used to advertise aproduct89. brand d) not very interesting and often repetitive90. e) tell someone about something, usually inshareholder connection with work91. slogan f) an owner of shares in a business92. spam g) junk mail93. patent h) a general plan intended to achieve somethingover a period of timeB. Complete the following sentences, using the appropriate phrasal verbs from the box below. Remember to put the verbs in the correct form. You should refer to the company structure of ABM plc for questions 1-3.(7 points)report to take off set up see to consist ofturn off do without put to go through694. ABM plc ______ four departments.95. Helen Grey ______ to the Personnel Manager.96. John Ross _______ the Maintenance Section.97. _______ the gas before you inspect the back of the cooker. 98. After inheriting a lot of money he decided to ______ his own business.99. I would like to _______ the sales figures with you and find out where the mistakes are.100. We really can't ________ his expert knowledge. Well have to reschedule the meeting to suit him.(三)Choose a word from the box for each space in the Exercise below. Remember to put the words in the correct form.manage post reference to arrangereach enclose require private moreoverstudy enable would particularly available46 Potters LaneWaltonLeicestershire23 April 2002 Mr Peter SellersDirector Human ResourcesCarney and Denham Consultants72 Cromwell RoadNottingham NT7 9GHDear Mr SellersWith 101 to your advertisement in the Independent on 21 April, I would like to apply for the 102 of Project Manager with your company.I am 35 years old and 1 have considerable experience in engineeringin both the public and 103 sector managing overseas construction projects. 104 , I have recently completed a course on Management and Communication and I am currently 105 for an MA degree in Engineering Management. This experience bas 106 me to develop the necessary leadership and Communication skills to 107 multidisciplinedconstruction teams. I am 108 interested in the position you are offering as I 109 like to become more involved with building refurbishment projects.I would be grateful if you could 110 an interview as soon aspossible as I am going abroad next month. I can Be 111 at the above address. I am 112 to start work from I June. Please find 113 my CV.Please do not hesitate to contact me if you 114 any furtherinformation.I look forward 115 heating from you.Yours sincerelyAnne ALexanderAnne Alexander (Ms)8IV. Read the materials and answer the following questions:Exercise 11. Read the following text and answer questions 116-120.Sometimes you might be asked to go to a selection or assessment centre. This is an extended interview which is made up of a series of group activities, rests and presentations. You will be assessed throughout the day by assessors who will be looking to see how well you work in a ream, whether your communication skills are good and whether you can work to deadlines. Team work is important. You don't do yourself any favors by trying to take over the group, but at the same time, don't sit back and let everyone else do the work.Don’t panic if you're asked to do a presentation on something you don't know much about as the way you give the presentation is often more important than the content itself. You should practice beforehand so you know how long the presentation takes. The best advice on dealing with a selection centre is to give it your best shot. If you sit timidly in the corner, the assessor cannot make any judgment about you.When you take a personality test, which is designed to find outabout your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly thereis usually no right or wrong answers. Answer the questions honestly and positively. There is no point in trying to give the answers you think the employer will want because firstly you might have the wrong ideaabout what the employer is looking for, and secondly, you don't want 1o gel tile job and spend the ensuing months trying to be someone whoyou're not. 116. What is the Exercise mainly concerned with?9117. How should you behave during the day at the selection centre? 118. How should applicants approach giving presentations?119. Does it matter if you answer questions incorrectly in a personality test? Why?120. What does the author say about lying in a personality test?Exercise 2Despite the attention paid within advertising agencies to the whole business targeting specific groups, there have been some spectacular failures to get it right when companies have tried to go international or global with their products. This has been for a variety of reasons. Sometimes, the brand name of the product has unfortunate associations when translated into foreign languages. Looking at this area can illustrate how powerful the operation of connotation is --the way in which words can call up associations in our minds. Because of the way we make connections between words and particular ideas, feeling and experiences, brand names are crucial for advertisers. They are very economic, acting as little concentrated capsules of meaning. Where advertisers get it right, readers will do the work to generate all the intended connotations.There are whole companies who specialize in offering research onbrand-name connotations to product manufacturers looking for a name fora new product, or looking at how best to market an existing product to new, foreign audiences. These companies—for example Inter-brand, and The Brand-naming Company typically organize brainstorming sessions where they ask groups of people to let their imaginations ‘roam free’, from which meetings they arrive at shortlists of names whosesuitability is then researched further. Names on the shortlists have to pass certain10tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; thatthey have the right connotations. The latter, however, is a complex area. Even within one language, connotations can be about quite subtle distinctions. For example, when Pickfords Travel merged with Hogg Robinson two years ago, the shortlist for the new company had two main contenders: 'Destinations' ,arid 'Going Places'. The new company chose the latter, deciding that 'destinations' tended to suggest long haul flights to farflung places travel for the privileged. 'Going Places', on the other hand, was thought to describe all sorts of travel andtherefore be more suitable for the mass market, which was the company’s target.2. Mark statements 121-125 True or False according to theinformation provided in the text above.121. This Exercise is mainly about how to choose names for companies wishing to go global.122. Good names make the right connection between words and ideas. 123. ‘Going Places' is used as an example to show how hard it is to choose a name for a company.124. ‘Destinations' is likely to appeal to wealthy travelers. 125. One technique brand name consultants often use is to invite people to freely suggest any names on their mind.Exercise 3Material 1: Jurisprudence: An Overview11The word jurisprudence derives from the Latin term jurisprudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. Thefirst and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and thesocial sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as what is law? How do judges (properly) decide cases?Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevantlegal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist andnatural12law schools of thought. Positivists argue that there is no connection between law and morality and the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy; religion, human reason and individual conscience are also integrating parts of the law.There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think about jurisprudence as a continuum.The above-mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.Material 2: Legal PhilosophyJurisprudence is the philosophy of law and of the legal system.There are many ways of classifying legal philosophy or jurisprudence. The four major schools of thought are natural law, positive law, sociological jurisprudence and legal realism.The natural law school of thought feels that the legal system should model the relationships found in nature and believe in the innate goodness of man.13The natural law school of thought began during the fifth century B.C. and states that there exists a sense of what is just and right in nature separate and distinct from the rules that may be developed by a state.Aristotle asserted that law existed in nature and could beascertained by man's exercise of his power to reason. The Stoic schoolelaborated on and expanded on the ideas of Aristotle in the thirdcentury B.C. Duringgentium (the law of nations) was the Roman period the concept of jus similar to the earlier Greek natural law theories.St. Thomas Aquinas combined the Greek and Roman schools of thoughtinto a Christian view that God reveals natural law to man through man's ability to reason. John Locke argued that man had a "bundle" of rights, only some of which he surrendered to the state in order to live in an organized society. According to Locke, the individual retained the remaining rights in the bundle. This view is recognized in the Tenth Amendment to the United States Constitution. The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.Beginning with the nineteenth century, there was a move away from reliance on natural law toward the concept of positive law. Natural law takes the position that law is based on fundamental truths. Thisposition is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism oranalytical jurisprudence) believe that law should be more scientific and less reliant on blind faith. Thus, positive law deals with axioms and attempts to develop a legal system based on logic rather than on beliefs.Legal positivism originally developed in Europe. The legalpositivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) Asa result, positive law can be distinguished from morality because morality does not come from the sovereign, while law is, or at least should be, handed down by the sovereign. There are four basic components of legal positivism:1. Law consists of rules.2. Law is different from morals.3. The sovereign establishes the rules.4. Legal rules carry sanctions.Legal positivism is best exemplified in the views of Hans Kelsen andH. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law14faculties of many European universities before immigrating to the United States in 1940. Kelsen viewed the law as being self-supporting and not dependent on any external values. He said, "A norm becomes a legal norm only because it has been constituted in a particular fashion, born of a definite procedure and definite rule. Law is valid only as positive law, that is, statute (constituted) law". In Kelsen's view, therefore, all the actions of any given government are valid so long as those actions are recognized as valid by statute within that country. Hart, on the other hand, expands this somewhat narrow view. Hart rays that the law must treat all like cases alike. He argues that legal positivism stands for the proposition that law does not necessarily have to relate to morality. To Hart, rules of law are more important than the process of how courts decide cases.The natural law proponents seem to have a "justification by faith" approach to jurisprudence. The advocates of legal realism have a seemingly coldhearted rationalism that rests on the effects of the law, with little apparent concern for what the law should be. A third school of legal thought adopts a position somewhat between these two previous schools of thought. This third school --sociological jurisprudence -- is concerned with the effects of law, but it is also concerned with the justifications and reasons that underlie the enactment of the law. Its supporters observe, analyze, and justify both the justifications for the law and the effects of the law by applying the modern tools of psychology, sociology, and anthropology. Proponents of sociological jurisprudence believe that a law must be properly justified and have an appropriate effect in the society, based on the societal values andgoals of the given populace.The American legal philosophy can best be described as legal realism. Legal realism can be viewed as being on the opposite end of thepolitical spectrum from legal positivism. Legal realism has its roots in natural law, but it tries to take the "human element" into account, rather than relying on the innate nature of the universe as ajustification or explanation for the legal system. Natural law consists of four basic elements:1、 Law is based on the nature of man.2. Legal rights can be discovered by the exercise of reason.3. Law is constant.4. Legal principles must be just and fight.Legal realists have a somewhat more open view of the law, feeling that law reflects what "is" and not what it "ought" to be. Accordingly, legal realism can be viewed as consisting of two parts:1. The law is a social process, not a body of "rules".152. Law is what legal decision makers actually do about the statutes and rules.Legal realists concentrate on natural law than on rules. Legalrealists believe that law is based on the nature of man, but they also recognize that law is a social process based on logic, so thatlegal rules need to be just and fight.Each of the four schools has strong proponents and each has strong opponents. An application of each theory to the same set of facts leads to several different results. An understanding of the philosophy of law in any region allows one to understand the government of that region and basic attitudes commonly held by people within that region.Answer the questions according to the given materials:126. Is there any difference between jurisprudence and legal philosophy?Why?127. How many schools of jurisprudence as you know? What?are the main legal ideas of the natural legal school? 128. What129. What are the main legal ideas of the positive legal school?。
法律英语试题及答案
法律英语试题及答案一、单项选择题（每题2分，共10题，满分20分）1. Which of the following is not a legal term?A. PlaintiffB. DefendantC. LitigationD. Negotiation答案：D2. In legal English, "due process" refers to:A. A fair and just legal procedureB. A quick legal procedureC. A legal procedure without any delayD. A legal procedure with minimal paperwork答案：A3. The term "precedent" in law means:A. A previous case that sets a legal principleB. A document that records a legal decisionC. A legal principle that is not bindingD. A case that is not relevant to current legal issues 答案：A4. Which of the following is not a type of contract?A. Sales contractB. Employment contractC. Marriage contractD. Insurance contract答案：C5. "Tort" in legal English refers to:A. A civil wrongB. A criminal actC. A legal documentD. A legal remedy答案：A6. "Probate" is the legal process of:A. Dividing an estate after deathB. Filing a lawsuitC. Registering a trademarkD. Drafting a will答案：A7. "Jurisdiction" in law refers to:A. The authority to make legal decisionsB. The location of a courtC. The type of law being appliedD. The legal profession答案：A8. "Affidavit" is a legal document that:A. Is signed by a judgeB. Is a sworn statement of factsC. Is a request for a court orderD. Is a legal opinion答案：B9. "Statute" is a type of law that is:A. Created by judgesB. Passed by a legislative bodyC. Based on common lawD. Enforced by the executive branch答案：B10. "Moot" in legal context means:A. Unimportant or irrelevantB. A legal argumentC. A type of lawsuitD. A legal document答案：A二、填空题（每题2分，共5题，满分10分）1. A legal dispute that is not resolved by negotiation or mediation may proceed to ________.答案：litigation2. The ________ of a contract is the formal agreement between parties.答案：execution3. A ________ is a person who has been granted the authorityto act on behalf of another.答案：agent4. The ________ is the highest court in many legal systems.答案：supreme court5. A ________ is a legal document that outlines the terms ofa contract.答案：deed三、阅读理解题（每题3分，共3题，满分9分）阅读以下段落，并回答问题。
2025年司法考试专业卷一真题及解析英文版
2025年司法考试专业卷一真题及解析英文版2025 Judicial Examination Professional Paper I Questions and AnalysisIn the 2025 Judicial Examination Professional Paper I, candidates were tested on various legal concepts and practical scenarios. The exam covered a wide range of topics, including criminal law, civil law, administrative law, and constitutional law.Question 1:Discuss the elements of self-defense in criminal law and provide examples to illustrate each element.Question 2:Explain the concept of tort law and discuss the different types of torts that can occur in a civil lawsuit.Question 3:Analyze the principles of administrative law and discuss the role of administrative agencies in making and enforcing regulations.Question 4:Discuss the concept of judicial review in constitutional law and provide examples of landmark cases where judicial review was applied.Overall, the 2025 Judicial Examination Professional Paper I required candidates to demonstrate a deep understanding of legal principles and their practical application. It tested their ability to analyze complex legal issues and apply the law to real-world scenarios. Candidates were expected to provide clear and concise answers, supported by relevant case law and legal reasoning.In conclusion, the 2025 Judicial Examination Professional Paper I was a challenging test that required candidates to draw on their knowledge of various areas of law and apply it to specific situations. It served as a comprehensive evaluation of their legal expertise and analytical skills.。
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法律英语证书（LEC）全国统一考试样题试卷一本题为单项选择题，限时180分钟。
1. Bill of Rightsa. Domestic federal legislation.b. Legal protection against interference of rights by private individuals.c. A popular name given to the first ten amendments to the U.S. Constitution.d. The federal constitutional provision which grants rights to state governments.2. Standinga. Abbreviation of “notwithstanding”b. The ability to bring a lawsuit because of a party’s actual injury for which the court can provide aremedy.c. The ripeness of a case or controversy.d. The status of a person, group, or organization appearing as a “friend of the court.”3. Considerationa. Process of judicial deliberation before rendering a decision in a contested case.b. The lengthy recitals of “boilerplate” language appearing i n many contracts.c. The inducement to enter a contract, and a necessary element to prove the validity of a contract.d. The detrimental reliance of an offeree.4. Promissory Estoppela. A failure to prosecute a civil or criminal action.b. Power to make an offer to the public rather than a specific individual.c. Equitable doctrine recognized as substitute for consideration in some cases.d. Ability of an agent to bind a principal in matters beyond the scope pf agency.5. Punitive Damagesa. Damages to compensate for injury .b. Civil damages meant to punish the wrongdoer for causing injury.c. “Nominal” or minimal damages.d. Non-monetary damages, such as an injunction (injunctive relief) or” specific injunction (injunctive relief) or “specific performance” of a contract obligation.6. When airplanes fly over your home, are your property rights violated?a. No, never.b. Normally, no, unless the flights are low and frequent.c. Yes, because you own all the air above your home, into outer space.d. Normally, no, based on your right to quiet use and enjoyment of the property.7. Venuea. The street or avenue where a courthouse can often be found.b. Diversity of citizenship.c. The dates of a trial.d. The location of a trial.8. Depositiona. A tool of discovery used before trial.b. Statements made by a witness on the witness stand during trial (also known as “trial testimony”).c. The position a defendant is placed in while waiting for a trial.d. The court’s resolution of a case.9. Generally speaking, a limited partnership may be dissolved by which of the following events or occurrences?a. By the filing of a certificate of limited partnership.b. By a relocation of the partnership.c. By the marriage of a limited partner.d. By the bankruptcy of a general partner.10. A corporation is a legal entity:a. created by the local government.b. created and recognized by an entrepreneurial agency.c. managed internally by the federal government.d. created and recognized by state law in most cases.11. Jurisdictiona. A geographic area, used primarily for determining eligibility to vote.b. The presence of a defendant in a state where he or she can be served with a summons or a subpoena.c. The power of the executive branch to enforce the judgments of the courts.d. The power and authority of a court or other body to render judgment in a case.12.Paralegala. A secondary source of law.b. A lawyer’s assistant.c. One who holds an advanced law degree.d. A law student.13. Kirby Construction Co. in preparing its bid for the construction a new hospital received a quotation of $120,000 from Kat’s Interiors Inc．who offered to do the kitchen work in the new hospital．This bid was $30，000 lower than Kirby’s next lowest bid for the kitchen work．As a result，Kirby lowered his bid by $20，000 before submitting it to the hospital board．After Kirby was awarded the construction bid，and had accepted Kat's offer, Kat’s president discovered that in his preparation of the quotation he had overlooked some subsidiary kitchen installments required by the plans．Immediately thereafter, Kat’s Interiors brings suit for rescission of the contract．They should(A)succeed，because of the unilateral mistake(B)not succeed，unless Kirby knew or should have known of Kat's error(C)succeed，because the mistake was an essential element of the bargain(D)not succeed，since the computation mistake was antecedent to acceptance of the bid14. In disputes over whether a partnership exists, which of the following is NOT considered to be an essential element?(A) An equal right in the management of the business.(B) The sharing of profits or losses.(C) The consultation on business strategy.(D) Joint ownership in the business.15. This jurisdiction makes suicide a crime. Jilly, a day trader, is despondent over a failed marriage and catastrophic financial losses during the recent 2,000 point drop in the Nasdaq stock exchange. Jilly went up to the roof of her fourth story apartment building and decided to jump off. She landed on top of two pedestrians, Alex and Jean Pietro, who cushioned her fall and saved her life. Unfortunately, Alex and Jean Pietro were seriously injured when Jilly crashed on top of them.Jilly is guilty of(A) battery(B) attempted murder(C) attempted manslaughter(D) reckless endangerment16. The Commonwealth of Delmarva has passed a law that provides that only residents of Delmarva who are citizens of the United States can own agricultural land in the state. Delp, a citizen of the United States who resides in the neighboring state of Agoura, has contracted with Barerra to purchase the latter’s farm which is located in Delmarva. Barrera, who is a resident of Delmarva, has been informed by his attorney that his sales agreement with Delp is null and void under state law.Which of the following is the best constitutional argument to contest the validity of the Delmarva statute?(A) The Contract Clause prohibition against a state from enacting any law that will impair the obligation of contracts.(B) The Privileges and Immunities Clause of the Fourteenth Amendment.(C) The Privileges and Immunities Clause under Article IV, Section 2.(D) The national property power provision under Article IV, Section 3.17. Alice is sitting on her front porch watching her husband Bruce，who is mowing the lawn．Carl，who hates Bruce but is a friend of Alice’s，whose presence is knownto him，draws a pistol and threatens to kill Bruce．Alice，who is pregnant，Suffers severe emotional distress as a result of the trauma and soon afterwards has a miscarriage．In an action by Alice against Carl for mental anguish resulting in her miscarriage，Alice will(A)lose，because Carl did not know that Alice was pregnant(B)win，because it is highly probable that Carl’s extreme and outrageous conduct would cause emotional distress to Alice(C)lose，because Carl's actions were directed against Bruce，so only Bruce may recover for emotional distress(D)win，because she is Bruce's wife18. Clyde Cooch, a prominent judge, lived next door to Lester Biggs．Recently Judge Cooch had sentenced Lester Biggs' son, Dopey, to six months in prison on a narcotics charge．One afternoon while judge Cooch was mowing his lawn，Lester decided to avenge his son's conviction．Lester set up his water sprinkler behind some shrubbery separating their adjoining properties．As the judge was mowing his lawn and came within reach of the water sprinkler, Lester turned on the sprinkling device，and doused the judge with water．Judge Cooch would be able to recover against Lester for which of the followingtort(s)：(A) negligence(B) battery(C) assault and battery(D) battery and trespass19. Cassie and her four-year-old son，Noah，were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manhattan．F.A.O. Schwartz，which operates one ofNew York's largest retail toy stores，sells a complete array of toys，games，dolls，hobbies and crafts．The iterns were displayed on a variety of tables and shelves which were easily accessible to the customers．While Cassie was walking down one of the aisles，her attention became focused on a "Howdy Doody” doll that was prominently exhibited on an overhead display shelf．When Cassie approached the doll display, she reached up to grab the "Howdy Doody" doll．As she did so, Cassie failed to see a “Buffalo Bob” doll lying on the floor．She tripped over the doll and fell down, fracturing her hip．If Cassie asserts a claim against F.A.O. Schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy store's liability?(A)Yes，because Cassie was a business invitee on the premises of the toy store．(B)Yes，because F.A.O. Schwarfz was in control of the premises at the time of the accident．(C)No, because the "Buffalo Bob" doll may have been dislodged by another customer．(D)No，unless the “Buffalo Bob” doll had been displayed on the edge of the shelf in a negligent manner by one of F.A.O. Schwartz's employees．20. Amos is the owner in fee simple of Blackacre. a 7-acre tract, on which he maintains a dwelling house for himself and his family．Adjoining Blackacre is Whiteacre，a 10-acre tract，owned by Andy．In order to gain access to the highway, Amos has an easement to cross over Whiteacre．Amos has recently purchased Greenacre，a 12-acre tract，which abuts Whiteacre but is not appurtenant to Blackacre. Amos has begun constructing a farmhouse on Greenacre and is using the existing easement (across Whiteacre) to gain access to the 12-acre tract．Amos has never received permission from Andy to use the road across Whiteacre to gain access to Greenacre．In an appropriate action by Andy to enjoin Amos from using the existing easement to gain access to Greenacre，the plaintiff will most likely(A)succeed，because Amos is making use of the servient tenement beyond the scope and extent of the easement as it was originally created(B)succeed，because Amos has no right to use the servient tenement in connection with a tract of land which is not part of the dominant tenement(C)not succeed，because Amos has an easement by necessity(D)not succeed，because Amos has a right to use the easement in a manner not inconsistent with the rights of the owner of the servient tenement。