法律英语试题(2套)

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法律英语证书(LEC)全国统一考试样题(含试卷一&试卷二)

法律英语证书(LEC)全国统一考试样题(含试卷一&试卷二)

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 a remedy.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 in 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 hispreparation 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 citizenof 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 known to 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 following tort(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 of New 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)全国统一考试样题试卷二本题包括翻译、写作两部分,共限时180分钟1 Translation(1)Please translate the following paragraph into English根据中国银监会的资料,截至2004年12月31日,中国境内共有12家持有全国性银行执照的股份制商业银行。

法律英语练习题答案

法律英语练习题答案

法律英语练习题答案法律英语练习题答案在学习法律英语的过程中,练习题是不可或缺的一部分。

通过解答练习题,我们可以巩固对法律英语的理解,提高自己的语言能力和专业知识。

下面是一些常见的法律英语练习题及其详细答案,希望对大家的学习有所帮助。

练习题一:请解释以下法律术语的含义:1. Tort2. Plaintiff3. Defendant4. Liability5. Jurisdiction答案一:1. Tort:指的是民事侵权行为,即一方在未经对方同意的情况下,通过自己的行为或不作为,侵犯了对方的合法权益,给对方造成了损害。

常见的侵权行为包括人身伤害、财产损失等。

2. Plaintiff:原告,指的是在民事诉讼中提起诉讼的一方,即受到侵权行为损害的一方。

3. Defendant:被告,指的是在民事诉讼中被控告的一方,即被指控犯有侵权行为的一方。

4. Liability:责任,指的是法律上的义务或责任。

在民事诉讼中,责任通常指的是被告对原告所造成的损害承担赔偿责任。

5. Jurisdiction:管辖权,指的是法院对案件的审理权限。

不同的法院有不同的管辖权,根据案件的性质、金额等因素来决定哪个法院有权审理该案件。

练习题二:请将以下英文法律名词翻译成中文:1. Contract2. Arbitration3. Injunction4. Intellectual property5. Negligence答案二:1. 合同2. 仲裁3. 禁令4. 知识产权5. 过失练习题三:请解释以下法律原则的含义:1. Presumption of innocence2. Due process3. Burden of proof4. Reasonable doubt5. Double jeopardy答案三:1. Presumption of innocence:无罪推定,指的是在刑事诉讼中,被告在未被证明有罪之前,应被认定为无罪。

法律英语(Legal+English)(第二版)

法律英语(Legal+English)(第二版)

法律英语(Legal English)(第二版)法律出版社,2003年•北京何家弘Lesson One Legal System1. 公诉制度 public prosecution2. 普通法系 common law legal system3. 判例法case law4. 成文法(制定法) written law (statutory law)5. 遵从前例 stare decisis6. 判例汇编 reports7. 有约束力的法律解释binding interpretation8. 法学方法论 legal methodology9. 颁布•••为法律be decreed10. 巡回法官itinerant judges11. 英国皇家法院 English Royal Court12. 令状,法院令状writ13. 诉讼请求的强制执行 enforcement of a claim14. 追诉权 recourse15. 牛津条例Provision of Oxford16. 本案令状writ upon the case17. 诉讼行为forms of action18. 衡平法 equity law19. 公平且善良 ex aequo bono20. 特定履行(实际履行)方式之救济relief in the form of specific performance21. 大法官法院 Court of Chancery22. 补偿性损害赔偿金 compensatory damages23. 强制令the injunction24. 衡平法准则 maxims of equity law25. 法律概念 legal concept26. 不动产real property/ real estate/ immovable property/ realty27. 民事诉讼 civil suit28. 衡平法院 Chancery Court29. 财产法上的所有权分割 division of title in the law of property30. 先例 precedents31. 普通法系the Common Law Legal Family/ the English Law Legal Family/ the English-American Law Legal Family32. 大陆法系 the Roman Law Legal Family/ the Civil Law Legal Family/ the Continental Law Legal Family33. 五月花号公约the Mayflower Compact34. 制宪会议 the Constitutional ConventionLesson Two Legal Profession1. 法律职业/律师职业 the bar法官职业 the bench2. 律师协会 The Bar Association3. (律师)执业 practice law4. 执业律师 practicing lawyer5. 出庭辩护/代理诉讼 advocacy6. 法律咨询 counseling7. 法律文件的起草 drafting of legal instruments8. 法律文件 legal instruments9. 单独执业者single/individual practitioner10. 合伙关系 partnership11. 薪水律师 salaried lawyer12. 律师业务 law practice13. 专职法律顾问 house counsel/corporate counsel(公司或团体法律顾问)14.辩护人/律师 advocate15. 私人开业 private practice16. 州检察官/律师 state prosecutor/state attorney17. 地区检察官/律师 district attorney18. 起诉检察官/公诉律师 prosecuting attorney19. 检察系统prosecutorial system20. 联邦检察官 federal prosecutor21. 地方检察官 local prosecutor22. 助理检察官 assistant prosecutor23. 检察行业prosecutorial profession24. 个人尊严 the integrity of the individual25. 机会均等equality of opportunity26. 职业道德规范 ethics codes27. 听证会hearings28. 社区法律服务community legal services29. 单人开业 solo practice30. 律师/法律工作者(美国)attorney/attorney-at-law/counsellor/counsellor-at-law31. 律师(英国)barrister/solicitorLesson Three Legal Education1. 法律博士 Juris Doctor(JD)我国现称“法律硕士”并有新名“Juris Master(JM)2. 法学硕士 Master of Laws(LLM)3. 法学博士 Doctor of Juridical Science(SJD)4. 法律文书写作 legal writing5. 批评性思维 critical thinking6. 案例教学法 case method7. 苏格拉底式教学法 socratic method8. 讲演式教学法lecture method9. 美国律师协会认可的法学院 ABA accredited law schools10. 案情摘要briefs11. 模拟法庭 moot court12. 模拟审判 mock trial13. 课程指南 curriculum guide14. 刑事司法 criminal justice15. 自由资本主义laissez faire/lesei’ feə/Lesson Four Judicial System1. 联邦法院federal courts2. 联邦法院的组成:联邦最高法院the Supreme Court13个联邦上诉法院 Courts of Appeals95个联邦地区法院 District Courts此外还有:索赔法院 the Court of Claims关税法院 the Customs Court关税及专利上诉法院the Court of Customs and Patent Appeals等联邦特别法院 special courts3. 各州法院系统一般包括三级法院:基层法院多称为审判法院 Trial Court或巡回法院 Circuit Court中级法院多称为上诉法院 Appellate Court or Court of Appeals高级法院多称为最高法院 Supreme Court许多州也有一些专门法院:遗嘱检验法院 Probate Court青少年法院 Juvenile Court家庭关系法院 Court of Domestic Relations小额索赔法院 Small Claims Court4.联邦和州最高法院法官称为大法官 Justice上诉法院和审判法院的法官则称为法官 Judge有些基层法院的审判人员还称为治安法官 Justice of the Peace或司法官 Magistrate5. 美国联邦最高法院首席大法官 Chief Justice其他8人称大法官 Associate Justice6. 巡回法官Circuit Judge7. 合议庭Collegiate Panel/Collegiate Bench8. 诉讼当事人 litigant9. 司法管辖区 judicial district10. 案件数量caseload11. 联邦巡回法院 the Federal Circuit12. 复审案件 review a case13. 复查判决 review a decision14. 特别法庭 tribunals15. 死刑 capital punishment/death penalty16. 调案复审令writ of certiorari17. 具有开业律师资格be admitted to practice law18. 职业法官 career judiciary19. 民众选举 popular vote20. 现任法官 sitting judges21. 严重不端行为 gross misconduct22. 正式诉讼 formal proceedings23. 负民事责任incur civil liability24. 美国律师协会的“法官行为准则”The American Bar Association’s Code of Judical Conduct25. 私人开业律师 private practitioner26. 重罪felony27. 轻罪misdemeaner28. 审查案件的事实并作出判决 review the facts of a case and render a disposition29. 终审法院 court of last resort30. 司法巡回区judicial circuit31. 保释金 bond32. 预审听证 preliminary hearings33. 杀人 homicide34. 强奸 sexual assault35. 累犯 repeat offenders36. 惯犯 habitual offenders37. 驳回上诉 deny the petition for appeals38. 发回重审remand the case back to the lower court for reconsideration39.行使广泛的自由裁量权 exercise wide discretion overLesson Five Constitution1. 法律分类 classification of law2. 普通法Common Law衡平法 Equity3. 实体法 substantive law程序法 procedural law4. 公法public law私法private law5. 联邦条例 Articles of Confederation and Perpetual Union(1977年,美国联邦会议通过,美国最早的宪法性法律文件)6. 宪法修正条款amendments7. 人权法案 the Bill of Rights(美国1787宪法前十条修正条款的合称)8. 宪法至上原则 doctrine of constitution supremacy9. 基本法 fundamental law10. 通过投票选举来表示其意思 express their will through the ballot box11. 严重不法行为 extreme misconduct12. 渎职行为 malfeasance13. 弹劾程序 process of impeachment14. 第二条第四款 article II, section415. 弹劾案 bill of impreachment16. 众议院 House of Representatives17. 参议院 Senate18. 严厉措施 drastic measure19. 众议院司法委员会House Judiciary Committee20. 生效 enter into force21. 无效 have no force22. 司法解释 judicial interpretation23. 叁权分立 separation of powers24. 制衡原则 checks and balance25. 滥用职权 excesses26. 行政法令合条例 executive acts and regulations27. 马伯里诉麦迪逊案 case of Marbury vs Madison28. 司法审查原则the doctrine of judicial review29. 合宪性 constitutionality30. 酸度测试/严格检验 acid test31. 否决 veto32. 特赦grant pardons for33. 拨款 appropriate funds for34. (法规、条约等的)序言、导言preamble35. 联邦条例 Articles of Confederation36. 权力的滥用 excessive power37. 英国普通法中的“自然正义原则”principles of “Natural Justice” under British Common Law。

法律英语模拟试题及答案

法律英语模拟试题及答案

法律英语模拟试题及答案一、选择题(每题2分,共20分)1. Which of the following is NOT a fundamental principle of contract law?A. Offer and acceptanceB. ConsiderationC. Promissory estoppelD. Mistake of fact2. The term "tort" refers to:A. A breach of contractB. A civil wrongC. A criminal actD. A legal document3. In the context of criminal law, "actus reus" refers to:A. The guilty mindB. The criminal actC. The harm causedD. The punishment imposed4. Which of the following is a type of intellectual property?A. A patentB. A copyrightC. A trademarkD. All of the above5. "Jurisdiction" in legal terms means:A. The power to make a legal decisionB. The area over which the law appliesC. The process of suing someoneD. The legal profession6. A "fiduciary duty" is an obligation that arises when:A. A contract is breachedB. A crime is committedC. A trust is establishedD. A lawsuit is filed7. The doctrine of "res ipsa loquitur" is used to establish:A. The defendant's intentB. The plaintiff's negligenceC. The defendant's negligenceD. The plaintiff's damages8. "Precedent" in legal terms refers to:A. A previous legal decision that can be used to decide similar casesB. A legal principle that is universally acceptedC. A legal document that sets out the facts of a caseD. A legal argument that has been accepted by a court9. A "class action" is a lawsuit brought by:A. A single plaintiff on behalf of a group of peopleB. A group of plaintiffs on behalf of a single personC. A group of plaintiffs on behalf of themselves and othersD. A single plaintiff on behalf of themselves only10. "Probate" is the legal process of:A. Filing a lawsuitB. Administering an estate after deathC. Determining the validity of a willD. Both B and C二、填空题(每题1分,共10分)11. The legal term "_____" refers to the act of formally charging someone with a crime.12. A "_____" is a legal document that outlines the terms and conditions of an agreement between parties.13. "_____" is the legal principle that states that a person cannot be tried or punished twice for the same offense.14. "_____" is a legal remedy that requires the defendant to perform a specific act or to stop performing a certain act.15. "_____" is the process by which a person is released from prison before the end of their sentence, usually under supervision.16. "_____" refers to the legal responsibility to act primarily for the benefit of another person or entity.17. "_____" is a legal term for the right to use a public way for specific purposes, such as crossing another's land.18. "_____" is the legal principle that a person is innocent until proven guilty.19. "_____" is a legal document that provides evidence of a person's identity and citizenship.20. "_____" is the legal process of formally ending a marriage.三、简答题(每题5分,共30分)21. Define "due diligence" in the context of a legaltransaction.22. Explain the concept of "estoppel" in contract law.23. What is the difference between "assault" and "battery" in criminal law?24. Describe the purpose of a "non-compete agreement" in employment law.四、案例分析题(每题5分,共20分)25. John offers to sell his car to Mary for $10,000. Mary agrees to buy the car but later discovers that the car has a serious engine problem that John knew about but did not disclose. Analyze the situation using the principles of contract law.26. Alice is walking her dog in a public park. A stranger, Bob, suddenly throws a rock at the dog, causing it to run away. Alice sues Bob for the emotional distress she suffered as a result. Discuss the legal issues involved in this case.27. Company X is accused of patent infringement by Company Y. Company X claims that they were not aware of the patent and had conducted a thorough search before developing their product. What legal defense might Company X use?28. Jane is a minor who signed a contract with a company to star in a television show. Later, Jane decides she does not want to participate and wants to void the contract. Whatlegal considerations might apply to Jane's situation?五、论述题(每题15。

法律专业英语试题及答案

法律专业英语试题及答案

法律专业英语试题及答案一、选择题(每题1分,共10分)1. Which of the following is a fundamental principle of the legal system?A. EqualityB. JusticeC. FairnessD. All of the above2. The term "judiciary" refers to:A. The legislative branch of governmentB. The executive branch of governmentC. The branch of government responsible for interpreting and applying the lawD. The branch of government responsible for enforcing laws3. In the context of contract law, what is "consideration"?A. The thought process behind a contractB. The legal element that something of value is exchangedC. The written document of a contractD. The person who is bound by the contract4. What is the term for the legal principle that a person cannot be tried or punished twice for the same offense?A. Double jeopardyB. MitigationC. RecidivismD. Proportionality5. Which of the following is a type of legal document?A. DeedB. NovelC. MemoD. Invoice6. The term "pro se" means:A. Against oneselfB. On behalf of oneselfC. On behalf of anotherD. Against another7. What is the difference between "civil law" and "criminal law"?A. Civil law deals with disputes between individuals, while criminal law deals with offenses against the state.B. Criminal law deals with disputes between individuals, while civil law deals with offenses against the state.C. Both deal with offenses against the state.D. Both deal with disputes between individuals.8. What does the term "habeas corpus" mean?A. A writ requiring a person to be brought before a courtB. A legal document that ends a lawsuitC. A legal document that begins a lawsuitD. A writ that allows a person to be detained withouttrial9. In legal terms, "precedent" refers to:A. A legal principle or rule established in a previouscaseB. A legal document that is used as evidenceC. A legal principle that is always followed without exceptionD. A legal principle that is never followed10. What is the term for a legal dispute between two or more parties?A. LitigationB. MediationC. ArbitrationD. Negotiation二、填空题(每题1分,共5分)11. The legal principle of "innocent until proven guilty" is known as ________.12. A person who is not a lawyer but represents themselves in court is said to be acting ________.13. The process of a court determining the rights and obligations of parties in a dispute is called ________.14. A legal document that outlines the terms of a contract is known as a(n) ________.15. The area of law dealing with disputes over property is known as ________.三、简答题(每题5分,共10分)16. Explain the concept of "estoppel" in legal terms.17. What are the key differences between "common law" and "civil law" systems?四、案例分析题(每题15分,共15分)18. A company has been accused of breaching a contract with a supplier. The supplier claims that the company has failed to pay for goods delivered. The company argues that the goods were not delivered as per the agreed terms. Analyze the situation from a legal perspective, considering theprinciples of contract law.五、论述题(每题20分,共20分)19. Discuss the role of the judiciary in a democratic society and its importance in upholding the rule of law.答案:一、1. D2. C3. B4. A5. A6. B7. A8. A9. A10. A二、11. Presumption of innocence12. Pro se13. Adjudication14. Contract15. Property law三、16. Estoppel is a legal principle that prevents a person from asserting a claim or right that contradicts a previous position or statement they have made, especially when it would be unfair to allow them to do so.17. Common law systems rely heavily on judicial precedent, while civil law systems are based on comprehensive written codes. Common law is primarily developed through case law, whereas civil law is developed through legislative statutes.四、18. In this case, the supplier would need to provide evidence of the contract and proof of delivery of the goods. The company would need to show that the goods were not delivered according。

法律英语练习题

法律英语练习题

法律英语练习题IntroductionLegal English plays a crucial role in the global legal industry as it facilitates effective communication between lawyers, judges, and legal professionals from different jurisdictions. To enhance our understanding and proficiency in this specialized language, this article presents a series of legal English practice exercises. Each exercise focuses on key concepts and terminologies commonly used in various legal contexts. Let's delve into the exercises without further ado.Exercise 1: Contract Law1. Define the term "consideration" in contract law.2. Differentiate between an offer and an invitation to treat.3. Explain the doctrine of privity of contract.4. Identify and discuss the essential elements of a valid contract.Exercise 2: Criminal Law1. Define the term "mens rea" in criminal law.2. Distinguish between murder and manslaughter.3. Discuss the concept of strict liability in criminal law.4. Explain the defense of "duress" in criminal cases.5. Outline the steps of the criminal trial process.Exercise 3: Intellectual Property Law1. Explain the difference between copyright and trademark.2. Define the term "patent" in intellectual property law.3. Discuss the criteria for obtaining trademark protection.4. Identify and explain the rights granted by a copyright.Exercise 4: International Law1. Define the principle of state sovereignty in international law.2. Explain the concept of jus cogens.3. Discuss the role of the United Nations in international law.4. Describe the process of treaty formation and ratification.Exercise 5: Constitutional Law1. Define the term "separation of powers" in constitutional law.2. Explain the doctrine of judicial review.3. Discuss the protections provided by the First Amendment.4. Identify and describe the branches of government in a constitutional system.Exercise 6: Legal Research and Writing1. Explain the concept of legal precedent.2. Discuss the importance of legal citation in legal writing.3. Identify the components of a legal memorandum.4. Outline the steps of legal research.ConclusionMastering legal English is essential for anyone pursuing a career in the legal field. These practice exercises have provided a glimpse into various areas of law and enhanced our understanding of key legal concepts. By continually improving our legal language skills, we can effectively engage in cross-border legal communication and thrive in the global legal industry. Keep practicing and enhancing your legal English proficiency!。

法律英语考试试题及答案

法律英语考试试题及答案

法律英语考试试题及答案Introduction:Legal English plays a crucial role in the legal profession, as it requires a comprehensive understanding of legal concepts, terms, and vocabulary in both English and the specific legal system. This article will provide a detailed analysis of various legal English exam questions and their corresponding answers. Through this examination, readers will gain a deeper understanding of legal English and enhance their proficiency in this field.Question 1: Explain the term "due diligence" in the context of contract law.Answer:Due diligence refers to the careful and thorough examination or investigation undertaken by a party before entering into a contract. It involves a comprehensive analysis of the terms, conditions, and obligations set forth in the contract. The purpose of due diligence is to ensure that both parties have a clear understanding of their rights and responsibilities, as well as to identify any potential risks or liabilities associated with the contract. By conducting due diligence, parties can make informed decisions and minimize the possibility of disputes or legal issues arising in the future.Question 2: Discuss the concept of "force majeure" in international law.Answer:Force majeure, also known as an "act of God" or "superior force," refers to an unforeseeable event or circumstance that prevents a party fromfulfilling its contractual obligations. These events are typically beyond the control of the party involved and cannot be reasonably anticipated or avoided. Examples of force majeure events may include natural disasters, wars, riots, or government actions. In international law, force majeure clauses are commonly included in contracts to protect parties from the consequences of unforeseen events. These clauses typically provide relief or exemption from contractual obligations in the event that a force majeure event occurs, allowing the affected party to suspend or terminate their obligations under the contract.Question 3: Define the term "judicial precedent" in common law systems.Answer:Judicial precedent, also known as stare decisis, is a fundamental principle in common law systems. It refers to the legal doctrine in which the decisions made by higher courts become binding on lower courts within the same jurisdiction. Under this principle, lower courts must follow the legal reasoning and interpretations of the higher courts in previous cases that are similar in nature. Judicial precedent ensures consistency, predictability, and stability in the legal system, as it allows for the uniform application of the law and the development of legal principles over time. However, it is important to note that judicial precedent can be overruled or distinguished when there are significant differences in factual circumstances or legal principles involved.Question 4: Explain the concept of "vicarious liability" in tort law.Answer:Vicarious liability is a legal principle that holds one party responsible for the actions or omissions of another party, even if they themselves did not commit any wrongdoing. This concept often arises in employer-employee relationships, where employers can be held liable for the actions of their employees performed within the scope of their employment. Vicarious liability is based on the idea that employers have a duty of care to ensure that their employees act responsibly and do not cause harm to others. By imposing vicarious liability, the law aims to provide a remedy for victims and encourage employers to exercise proper control and supervision over their employees.Conclusion:Understanding legal English is crucial for professionals in the legal field, as it enables effective communication and interpretation of legal concepts and principles. This article has provided an insightful analysis of various legal English exam questions, encompassing contract law, international law, common law systems, and tort law. By gaining a comprehensive understanding of these topics, aspiring legal professionals can enhance their knowledge and proficiency in legal English, thus paving the way for successful careers in the legal industry.。

法律英语课后练习题含答案 (2)

法律英语课后练习题含答案 (2)

法律英语课后练习题含答案第一部分词汇练习1.Defendant (被告人)是指一名被控犯罪的人。

2.Accomplice (同谋者)是指协助犯罪的人。

3.Conspiracy (阴谋)是指两个或两个以上的人为了进行非法行为而达成的协议。

4.Indictment (起诉书)是指检察官起诉犯罪嫌疑人的文件。

5.Arrgnment (传讯)是指被告人在法庭上听取指控并回答是否有罪的过程。

6.Plea bargn (认罪协议)是指被告人同意认罪以换取更轻的刑罚的协议。

7.Verdict (判决)是指陪审团对案件的结论。

8.Appeal (上诉)是指对一项判决不满意并请求更高级别法院重新审判的过程。

第二部分语法练习1.使用适当的时态填空:a.The defendant was being questioned by the police when hislawyer arrived.b.The prosecution will present its case tomorrow.c.The judge has already made his decision in this case.2.使用适当的介词填空:a.The lawyer was confident in his client’s innocence.b.The defendant was charged with murder.c.The prosecution presented strong evidence agnst thedefendant.3.选择合适的词填空:a.The defense attorney argued that the prosecution did nothave ____ (sufficient / efficient) evidence to prove their case.b.The judge declared a ____ (mistrial / mistrust) due to jurymisconduct.c.The defendant decided to plead guilty in exchange for a ____(lighter / lighter) sentence.第三部分阅读理解For many years, a defendant’s right to a speedy trial has been an important part of the American legal system. This right is guaranteed by the Sixth Amendment to the Constitution, which states that。

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1 A buyer can accept goods by:A. Stating an intention to take them.B. Failing to reject them.C. Treating the goods as if the buyer owned them.D. All of the above.2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him tocome over and pick up the car. However, Bill waits until Wednesday to pick up the car.In the meantime, the car is stolen. Who bears the loss here? Assume that we have neithera shipment contract nor a destination contract, and that Mary has never sold a carebefore.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.In order for someone to be convicted of a crime, which of the following elements must be present?A. The defendant had a socially maladjusted childhood.B. The defendant had no intent to commit the act.C. The defendant performed a prohibited act.D. The defendant performed a morally questionable act.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:A. Robbery.B. Embezzlement.C. Misappropriation.D. Conversion.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of:A. Battery.B. Larceny.C. Arson.D. ForgeryA homicide committed without malice towards the victim is known as:A. First-degree murder.B. Manslaughter.C. A misdemeanor.D. ExtortionIf you are charged with a crime, you might be able to defend yourself and escape liability if you:A. Committed a prohibited act.B. Were voluntarily intoxicated at the time of the crime.C. Were over the age of sixty-five at the time of crime.D. Were involuntarily intoxicated at the time of crime.One morning in the Laundromat, Duneberry approached Kirksey and said, “If you don’t pay me $ 500 by July 2nd, I’ll beat you to a pulp.”A week later, on July 2nd, Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money, Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law, Duneberry will most likely be found guilty of which of the following crimes:A. Extortion and battery.B. Extortion and robbery.C. Assault and battery.D. Assault and robberyWhich of the following does NOT describe a felony?A. If found guilty, you are sentenced to prison for up to six months.B. If found guilty, you go to a federal or state penitentiary.C. If found guilty, you may face the death penalty.D. If found guilty, you may face life imprisonment.Which of the following is not classified in English law as a tort?A. Defamation.B. Negligence.C. Breach of contract.D. NuisanceEunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Y asser because of the Armenian genocide, but is a friend of Eunice’s, whose present is known to him, draws ascimitar and threatens to behead Yasser. Eunice, who is five months pregnant, suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarriage, Eunice will:A. Lose, because Jacques did not know Eunice was pregnant.B. Win, because it is highly probable that Jacques’extreme and outrageous conduct would inflect emotional distress on Eunice.C. Lose, since Jacques’s tortuous acts were aimed against Yasser, so only Yasser can recover for emotional distress.D. Win, because she is Yasser’s wife.Intent is:A. A factor required to sustain a tort.B. Strict liability.C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.D. Where desert nomads liveFalse imprisonment is:A. Placing a convicted defendant in a maximum security prison.B. A description of when a judge and jury disagree over a sentence.C. A criminal imprisonment for civil wrong.D. The intentional, unlawful confinement of a person against that person’s will.1. Which of the following is/are required in order to hav e a “tender” of goods?A. The seller must put and hold conforming goods at the buyer’s disposal.B. The seller must give notice to the buyer that the goods are available.C. The seller must give notice to the buyer and hold the goods for a reasonable time.D. All of the above are required for tender.2. Rescission may be defined as:A. The substitution of one contract party for another.B. The revision of a contract’s terms to reflect trade usage.C. The full performance of a contract.D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.3. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discover later that the dog is not worth $800, but only $400, can you have the contract rescinded or canceled based on your mistake?A. Yes, if the owner knew the dog was clearly not worth $800.B. Yes, because you had a duty to investigate.C. Probably not, because you made a mistake about the dog’s value, not a mistake of a material fact.D. Probably so, because you made a mistake of an immaterial fact.4. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficient?A. No, because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.B. No, because this kind of bargain violates public policy.C. Yes, based on the clear lack of any bargain.D. Yes, because Liz has promised something of value5. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun, an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk, Reggie tells Hortense, “You have done really good lately. If you can keep it up unti l Christmas, you will get a $500 bonus.” Reggie’s promise could be best characterized as:A. Valid consideration.B. An illusory promise.C. An output contract.D. A requirements contract6. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications:A. Vercingetor ix may not reject Eddy’s performance because Eddy has substantially performed.B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.D. Verci ngetorix may reject Eddy’s performance because it was not precisely what their agreement demanded7. Andronicus, an international dog dealer, offers to pay Justinian, an professional dog breeder, $40,00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”, to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st, Andronicus repudiates. Justinian’s cause of action against Andronicus will accrue:A. Immediately on August 1st.B. Anytime between July 12th and August 12th.C. Either A and B.D. August 12th8. With regard to corporations:A. They may be held liable for crimes, just as individuals may be.B. They may never be held liable for crimes.C. They do not really exist, so they cannot be liable for crimes, only for torts.D. They may only be held liable for crimes if they are privately owned.9. A person may be found not guilty of committing a crime if that person:A. Is over the age of 18.B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.C. Is voluntarily intoxicated.D. Made a mistake of law10. Negligence is:A. Forgetfulness.B. Willful and wanton misconduct.C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.”D. A tort that will impose liability for a breath of a duty that proximately causes an injury11. Immunity is:A. A statutory defense available only to sovereign governments.B. A possible defense to tort liability.C. The right of students in law school to participate in political demonstrations.D. The invulnerability of a trial court judge.12. Kriekor leases an apartment from Methuselah. In this situation, Methuselah is known as:A. The lessor.B. The lessee.C. The tenant.D. The debtor.13. The famous “swoosh” design on the side of NIKE sneakers is an example of:A. A copyright.B. A patent.C. A trademark.D. A trade secret14. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”, you ar e looking at:A. A certification mark.B. A strong mark.C. A patent.D. A licensor15. Suppose that Jami invents and patents his new weeding machine, but never sells it. Louisa borrows the machine from Jami, pulls it apart, copies it, and then sells it. Louisa:A. Has done nothing wrong; competition is a part of our market economy.B. Has not infringed a patent because the product was not “in commerce.”C.Has infringed Jami’s patent rights.D. Has behaved immorally, but not illegally16. One of the ways t o make use of another’s trademark, copyright, patent, or trade secret, while avoiding litigation, is to obtain:A. A cyber mark.B. A business process patent.C. An easement. 地役权D. A license.。

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