TOLES FOUNDATION
EXAMINATION
Test of Legal English Skills – knowledge and
understanding of legal vocabulary Do NOT open this paper until the invigilator gives you permission to do so.
You may NOT use a dictionary.
Answer all questions on the answer sheets in this booklet, using pen.
The time allowed for this examination is 90 minutes.
Legal reading and writing Candidate code:
Sample TOLES Foundation examination paper.
? 2007 Global Legal English Ltd. Registered in England. Company no. 4101343.
11 Belton Street, Stamford, PE9 2EF, UK
This page is blank
Look at the groups of words below. In each group, three of the words belong to the same
subject area and there is one word that does not belong. Put a circle around the word that is the odd one out. Do NOT circle more than one answer for each sentence.
There is an example at the beginning (*). (5 points) ___________________________________________________________________________
Example (*) A. account B.
money withdraw
(1) A. employer B. salary C. work D. offer
(2) A. premises B. sole trader C. company D. partnership
(3) A. solicitor B. barrister C. attorney D. court
(4) A. tenant B. insolvent C. landlord D. rent
(5) A. offer B. acceptance C. sue D. consideration
Look at the sentences below. Each sentence contains a mistake. The mistake is either an incorrect word or a word that should not be there. Put a circle around the word.
Do NOT circle more than one answer for each sentence.
There is an example at the beginning (*). (5 points) ___________________________________________________________________________ Example
(*)
(1)If it is necessary to go to the court I will claim very high damages
from you.
(2)This breach of contract it is a very serious matter.
(3)I told you about the ground for the case when we spoke yesterday.
(4)The bill is here. I will pay to it.
(5)I want to request further informations please.
SECTION 3
Read the following pairs of sentences. For each pair of sentences there are two possibilities, A or B. Decide which sentence uses the correct preposition. Write your answers in the box below.
There is an example at the beginning (*). (5 points) ___________________________________________________________________________ Example
(*) (A) A sole trader is personally liable to any debts of the business.
(B) A sole trader is personally liable for any debts of the business.
(1) (A) Jenny works at New York City.
(B) Jenny works in New York City.
(2) (A) The company transports all of its goods by rail.
(B) The company transports all of its goods with rail.
(3) (A) Please put your address at the top of the page.
(B) Please put your address to the top of the page.
(4) (A) I am interested for opening a new account at this bank.
(B) I am interested in opening a new account at this bank.
(5) (A) I will meet you on 25 July.
(B) I will meet you at 25 July.
(*) B(1) (2) (3) (4) (5)
SECTION 4
Look at the article below. Read it and decide if the statements under it are TRUE or FALSE. Write your answers in the box below.
There is an example at the beginning (*). (5 points) ___________________________________________________________________________ Julia is a lawyer from Stockholm. She was born there. In 1998 she moved to the USA. At the moment she is based in New York. She works for a large law firm. The firm has over 100 partners in the New York office. Julia is an expert in Insurance law. Her job is to draft insurance contracts and to represent insurance companies in court when people make claims against the companies.
The last time she was in court was last week. She acted for HTP Insurance. The case was about a shipping company which wanted to make a very large claim under their insurance policy. Julia argued that the shipping company was not careful enough. She said that the insurance company should not pay the whole claim because of this. HTP Insurance was very pleased when the judge agreed with Julia.
Example
(*) Julia works in New York.
(1) Julia is employed by an insurance company.
(2) Julia was in court yesterday.
(3) Julia’s client was a shipping company.
(4) Julia thought that the shipping company was negligent.
(5) Julia won her case in court last week.
(*) TRUE(1) (2) (3) (4) (5)
Here is a conversation between two lawyers. The conversation is mixed up. Put the conversation in the correct order. Write your answers in the boxes numbered 1 – 8 below.
There is an example at the beginning (*), which is the start of the conversation.
(8 points) ___________________________________________________________________________ Example (*)
(AA) Good morning David. How are you?
(A) That was my client. She hurt her hand in a machine when she was at work. We will
try to get damages for her today.
(B) I’m fine thanks. What are you doing today?
(C) ￡10,000 plus costs. I’m confident we will get it. She hurt her hand very badly and an
expert has said the machine was definitely faulty.
(D) CostCo? I know that name! They were in the newspapers last year. One of
their employees had a serious accident at work.
(E) Thank you. I’ll email you when I get back to the office and tell you what happened.
(F) I have to go to court today. I’m acting for an employee of CostCo supermarkets.
(G) If the expert says that, then I’m sure the judge will award you the full amount.
luck!
Good
(H) How much is she claiming?
(*)AA(1) (2) (3) (4) (5) (6) (7) (8)
Look at the phrases at the below. They all belong to an area of law.
Under the headings below, put each phrase under the correct area of law.Write the letters (A,B,C, etc) in the spaces provided.
There is an example at the beginning (*). (12 points) ___________________________________________________________________________ Example (*)
(AA) to incorporate a company
(A) to register a copyright (G) to pass off goods as originals
(B) to buy shares (H) to get a green card
(C) to apply for a work permit (I) to fill out a visa application
(D) to pay royalties (J) to check the details of a passport
(E) to go into partnership (K) to work as a sole trader
(F) to work on a merger deal (L) to register a patent
Business law
(*) …AA…….
1.……………
2.……………
3.……………
4.……………
Intellectual Property law
5.……………
6.……………
7.……………
8.……………
Immigration law
9.……………
10.……………
11.……………
12.……………
Look at the list of words. They are all nouns. Put the correct word into the sentences below. Write your answers in the boxes numbered 1-10 below.
There is an example at the beginning (*).(10 points)
__________________________________________________________________________ (AA) defendant (C) remedy (F) precedent (I) settlement
(A) default (D) appeal (G) litigation (J) damages
(B) inheritance (E) legislation (H) discrimination
Example
(*)In a civil action in the UK, the two parties are called the claimant and the ………. .
(1)There was a mistake in the evidence that the other side gave to the court. I think we
should file an (1) ………. and have the case heard again.
(2)The other party did not fulfil their obligations under the contract and they refuse to do
anything about it. We will sue them and the court will decide upon a (2) ………. .
(3)There was new (3) ………. from the government last year that banned people from
smoking cigarettes in any building connected with education.
(4)If your employer treats you differently from other employees because of the colour of
your skin or your nationality that is (4) ……….. .
(5)The house that Maria lives in was part of her (5) ………. under the terms of her
grandmother’s will.
(6)Before you try (6) ………., which means starting a case in court, you should try
everything else you can to solve the dispute in some other way.
(7)If you do not pay the purchase price on time, you are in (7) ………. under the terms of
the contract. This gives the seller the right to terminate the contract if he wants to.
(8)She sued the other driver after her accident. He was negligent and he had to pay her
$9000 in (8) ……….. .
(9)In England and the USA there is case law. A (9) ………. is a previously decided case
that tells us what the law is.
(10)There was no need to have the trial. The parties reached a (10) ………. a few days before
the case started.
(*)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) AA
Read the text below. It is from a contract. Some of the words in the text are underlined. The meanings of these words appear in the box below, but they are not in the same order. Match the underlined words in the text with the correct meanings by writing the letters (A, B, C etc) in the box below.
There is an example at the beginning (*). (10 points) ___________________________________________________________________________ FROM A TERMINATION CLAUSE
1.1Unless terminated in accordance with (* AA) clause 1.2 below this agreement shall
continue until 1 January 2008.
1.2Either (A) party may terminate this agreement at any time by giving 3 months’ advance
(B) notice to the other party in writing.
1.3 Either party may (C) terminate this agreement with immediate effect in the event of the
following occurrences:
the other party has (D) committed a material breach of any of its obligations under this agreement and fails to (E) remedy any such breach within 14 days of receipt of a written notice which specifies the breach and requires it to be remedied (F) forthwith the other party (G) ceases to carry on business, makes an arrangement with its
(H) creditors or becomes the object of (I) winding up, dissolution, administration,
bankruptcy, or any other insolvency related procedure in any (J) jurisdiction to which it is subject.
a section or part of a written contract
(*)
AA
done, carried out
one of the people or groups involved in a contract or a case in court
right
correct,
put
end
warning,
notification
legal power over someone or something
immediately
once,
at
stops
the closing of a company and the sale of its assets
people that you owe money to
Read the text below. There are ten words missing from the text. In the spaces below, give
the missing words. The first letter of each word has been provided for you.
There is an example at the beginning (*). (20 points) ___________________________________________________________________________ SOLE TRADERS AND PARTNERSHIPS
There are several different ways to start a new business. If someone thinks that they would like to set up a business they should ask a lawyer for (*)………. .
One way to start a business is to be a sole trader. This is good for people who work alone. It is a cheap and easy way to start a new business without too many complicated rules and (1) ………. . For example, you do not have to register your business or pay any registration fees. All you have to do is tell the tax authorities what you are doing. You must send them a statement called an annual self-assessment form every year. It shows the income of the business and the money that you (2) ………. in running the business. These expenses are called your outgoings. As you are self-(3) ………., your profits are taxed as income. The tax authorities will check your statement and (4) ………. how much tax you have to pay. The disadvantage is that if the business does badly, you are (5) ………. for any debts that the business runs up.
If two or more people want to set up in business together, one way to do it is to form a partnership. If you are going to do this it is best to ask a lawyer to (6) ………. up a partnership agreement, which clearly states how the partnership will be run. The lawyer will need lots of details. He or she will need to know, for example, about the money, property or other assets that the partnership has. These things are called the (7) ………. of the partnership. The agreement will also state how the profits will be shared. If the partnership is not successful and it makes a (8) ………., this is shared in the same way as the profits.
If you are not willing to take all of the financial risks by yourself, going into partnership is probably a good choice. The partners can get together to apply to banks to take out a (9) ………. if they need money to invest in the business. They can also share the responsibilities of the day to day running of the business. What are the disadvantages? Well, there are often disputes between the partners when they can’t agree about things. They also have joint and (10) ………. liability for any partnership debts. This means that partners are responsible for the debts individually and as a group. If one partner can’t pay their share of a debt the others become responsible for it.
(*) advice______________
(1) r__________________ (6) d__________________
(2) s__________________ (7) c__________________
(3) e__________________ (8) l___________________
(4) c__________________ (9) l___________________
(5) l__________________ (10) s__________________
Read this newspaper article about a case in court and answer the questions that follow. Answer each question using a full sentence. No points are awarded for answers that are not a full sentence.
There is an example at the beginning (*). (20 points) ___________________________________________________________________________
SECTION 10 - QUESTIONS
Example (*) What is the name of the village where Steven and Lucy Harper live? Answer: Steven and Lucy Harper live in a village called Sandybrook.
(1)What type of tourist attraction is very near to the village?
(2)How many visitors does Wexford Towers attract every year?
(3)What time did the theme park close when Steven and Lucy Harper bought their house?
(4)What time does the park close now during the months of July and August?
(5)How often does a recorded message play to people on the Death Mountain ride?
(6)With what noisy event does the theme park close every night?
(7)What do Steven and Lucy Harper think the noise from the park is doing to the value of
their house?
(8)Did Steven and Lucy Harper win their case in court?
(9)When will the representatives of the park have to go to court again?
(10)What type of business does Steven Harper run?
ANSWER KEY to the TOLES Foundation examination (sample paper) SECTION 1
(1)D offer
(2) A premises
(3) D court
(4) B insolvent
(5) C sue
SECTION 2
(1)the
(2)it
(3)ground
(4)to
(5)informations
For information only - correct sentences
1. If it is necessary to go to court I will claim very high damages from you.
2. This breach of contract is a very serious matter.
3. I told you about the grounds for the case when we spoke yesterday.
4. The bill is here. I will pay it.
5. I want to request further information please.
SECTION 3
(1) B (2) A (3) A (4) B (5) A
SECTION 4
(1) FALSE (2) FALSE (3) FALSE (4) TRUE (5) TRUE
SECTION 5
(*) AA(1) B (2) F (3)D(4) A (5) H (6) C (7) G (8) E SECTION 6
Business law
1. (B) to buy shares
2. (E) to go into partnership
3. (F) to work on a merger deal
4. (K) to work as a sole trader
Intellectual Property law
1. (A) to register a copyright
2. (D) to pay royalties
3. (G) to pass off goods as originals
4. (L) to register a patent
Immigration law
1. (C) to apply for a work permit
2. (H) to get a green card
3. (I) to fill out a visa application
4. (J) to check the details of a passport
SECTION 7
(1) D (2) C (3) E (4) H (5) B (6) G (7) A (8) J (9) F (10) I SECTION 8
D done, carried out
A one of the people or groups involved in a contract or a case in court
E correct, put right
C end
B warning, notification
J legal power over someone or something
F at once, immediately
G stops
I the closing of a company and the sale of its assets
H people that you owe money to
SECTION 9
(1)regulations
(2)spend/spent (USA)
(3)employed
(4)calculate
(5)liable
(6)draw
(7)capital
(8)loss
(9)loan
(10)several
SECTION 10
(1)There is a Disney-style theme park near to the village.
(2)Wexford Towers attracts nearly 3 million visitors every year.
(3)When the Harpers bought their house the theme park closed at 4pm.
(4)During the months of July and August the park closes as late as 10pm.
(5)A recorded message is played to the people on the Death Mountain ride every four
minutes.
(6)The theme park closes every night with a firework display.
(7)The Harpers think that the noise from the park reduces the value of their house.
(8)Yes, the Harpers won their case in court.
(9)The representatives of the park will have to go to court again on 1 February next year.
(10)Steven Harper runs a café.
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 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. Bill C. 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. Bill C. 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:
<大学英语语法>考查试题 一．选择正确答案填入相应的空格处：（70%） forest guards often find campfires thet have not been ______completely. down B. put out C. put away over 2..Of all the economically important plants, palms have been______. least studied the least less and less study the less is a continuous supply of fuel oil. things needed is needed is needed their need 4.The survey indicates that each Chinese family averaged_____of daily television usage in 1994than in 1993. many as 60 minutes B. 60 minutes more C. 60 minutes C. more 60 minutes 5.All evidence the court has collected boils_____to the fact that he is a spy. A. down B. off C. up D. overluggage, the group of tourists hurried to the airport.2009-2010学年第二学期（） A. After packed packed packing was always nervous_____ in city traffic. driving B. driving driving driving 8. I saw Alan skimming over the water and, finally, ____ into it.
课程代号：00262 题号 一二三四五六 题分161810103610 一、名词解释（每小题4分，共16分） 1.法律文书 2.提请批准逮捕书 3.民事裁定书 4.仲裁裁决书 二、填空题(每空1分，共18分） 1.起诉意见书是指公安机关对_______________的案件，认为符合起诉条件的，依 法向____________提出起诉建议和要求的文书。 2.不立案通知书，是______________对直接受理侦查的刑事案件，依法决定不 立案时，为通知____________、______________人所制作的文书。 3.抗诉书是国家检察机关行使____________职权的重要工具。 4.刑事判决书尾部应向被告人交代上诉权、____________和______________。 5.民事裁判文书所要解决的是当事人之间__________或者______________方 面的问题。 6.人民法院处理当事人提出的管辖权异议时所使用的法律文书是民事__________。
7.公证文书是国家公证机关根据__________的申请，依法出具的具有法律效力和 法律意义的___________________。 8.仲裁文书是指____________根据___________的申请，按照仲裁程序规则，处 理争议的事实和权利义务关系所制作和使用的文书。 9.起诉状是指______________、案件的原告人或______________自诉案件的自诉 人向人民法院提出或指控被告的诉状。 三、单项选择题（在每小题的四个备选答案中选出一个正确答案，并将其号码填 在题后的括号内。每小题1分，共10分） 1.按文书的制作机关分类，不能包括进去的是（） A.公安机关的法律文书 B ．人民法院的法律文书 C.仲裁机构的法律文书 D. 诉状类文书 2.下列几项，属公安机关制作的法律文书的是（） A.起诉意见书 B. 立案决定书 C.不立案通知书 D. 批准逮捕决定书 3.立案决定书（） A.是公安机关制作的 B. 是人民检察院制作的 C.是国家安全机关制作的 D. 是人民法院制作的 4.下列关于抗诉书的表述，不正确的是（） A.它是人民检察院制作的 B. 民事抗诉是对生效裁判的抗诉 C.行政抗诉是对未生效裁判的抗诉 D ．它是法院重新审判的法定依据 5.下列属于人民法院审判刑事案件的主要法律文书的是（） A.刑事裁判文书 B ．公函 C.通知 D. 公告 6.人民法院需用栽定处理的问题是（） A.判定甲乙之间的婚姻纠纷 B. 判定甲乙所签合同的效力 C.对申请撤回上诉的处理 D. 确认某甲有无继承权 7.下列几项，属经济公证书的是（）
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 Rights a. 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. Standing a. 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. Consideration a. 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 offere e.
中国传统法律文化的特点 摘要中国传统法律文化具有民刑有分、重刑轻民，礼法结合、以礼代法和行政监理司法的主要特点以及类推裁判、无讼是求、以法治吏等的特征。其形成主要受到生产方式、社会组织、政治模式和思想意识四个方面的影响，因而中国传统法律文化和西方法律文化在体系结构、价值取向和法律观念方面都有着明显的不同。 关键词法律文化中国传统法律文化社会成因 中国传统法律文化是法律文化的重要组成部分，它在儒家思想的影响下，形成了“德”、“礼”为基石的法律理念。以“德”、“礼”为主导的中国传统法律文化更是对当代中国法制建设有着深远的 影响。首先，中国传统法律文化中的“法贵严明”思想强调了君臣共同守法以及执法严明的重要性，这对我国的法制建设具有重要的示范意义。其次，中国传统法律文化注重预防犯罪和犯罪分子的改造。最后，中国传统法律文化中的人文精神也对今天的法制建设有着重要的影响。董仲舒“天人合一”的哲学思想，奠定了中国古代法律实践活动的价值观。特别值得提出的就是“特权原则”的应用，统治者制定出了一系列保护贵族、官僚的利益的刑罚原则。如春秋战国时期的“大夫之刑，不著刑书”等等，这种思想在当今社会仍然广泛存在。一方面助长了社会上层权力拥有者对法的蔑视心理，另一方面也使普通大众产生了对法律公正实施的不信任和对权利 拥有者的仇视心理。 一、中国传统法律文化的特点
中国传统法律文化从法律内容方面来看有“民刑不分，重刑轻民”和“礼法结合、重礼轻法”的特点；从司法制度方面来看主要是“行政监理司法”。 （一）民刑不分，重刑轻民 中国古代法律的主要内容为刑法，同时也针对民事法律做了相关规定，而对于违反民事法律的行为施以刑罚。夏、商时期，中国古代的刑法制度开始出现。在夏朝时，统治者规定了最基本的罪名和刑种。到了商朝，在夏朝法律的基础上对最基本的有关所有权、婚姻、以及继承的民事法律制度做了简单的规定。同时，民事法律也得到了一定的发展，例如婚姻制度中规定了“六礼”以及“七出”、“三不去”。 春秋战国时期，魏国李悝制定了《法经》，使得古代法律由习惯法向成文法转变。而这一时期也进行了大量的法制改革，改革过程中出现了大量的新罪名和新刑种，如岁刑、迁放之刑等。三国两晋南北朝时期，立法技术不断提高。刑事法律方面规定了重罪十条，并且出现了“八议”和“官当”的特权原则。 隋、唐朝是中国传统法制的定型阶段。隋朝确立了刑部，并且在重罪十条的基础上首创十恶制度。《唐律疏议》的制定标志着中国法律与道德的相结合。民事法律方面，唐朝统治者对于财产权、婚姻等在前朝法律制度的基础上进行了系统化的规范；在刑事法律方面，确立了“笞杖徒流死”的封建五刑，并且设立了“加役流”的罪名，用以惩罚流刑以上而死刑以下的犯罪。。
英语 考试时间：120分钟满分：150分 第一部分：听力（共两节，满分30分） 第一节（共5小题；每小题1.5分，满分7.5分） 听下面5段对话。每段对话后有一个小题，从题中所给的A 、B、C三个选项中选出最佳选项，并标在试卷的相应位置。听完每段对话后，你都有10秒钟的时间来回答有关小题和阅读下一小题。每段对话仅读一遍。现在你有5秒钟的时间阅读第一小题的有关内容。 例：How much is the shirt? A. ￡ 19. 15. B. ￡ 9. 18. C. ￡ 9. 15. 1. Where does the conversation probably take place? A. In a library. B. In a bookstore. C. In a classroom. 2. How does the man feel now? A. Relaxed. B. Excited. C. Tired. 3. What will Lucy do tomorrow afternoon? A. Surf online. B. Give a talk. C. Write a report. 4. Where are the speakers going after work? A. To a restaurant. B. To a street. C. To their work. 5. Why did Susan quit her job? A. To go back to school. B. To start her own firm. C. To find a better job. 第二节（共15小题；每小题1.5分，满分22.5分） 听下面5段对话或独白。每段对话或独白后有几个小题，从题中所给的A、B、C三个选项中选出最佳选项。听每段对话或独白前，你将有时间阅读各个小题，每小题5秒钟；听完后，各小题将给出5秒钟的作答时间。每段对话或独白读两遍。 听第6段材料，回答第6、7题。 6. What does the man want to do? A. Go to the grocery. B. Watch TV at home. C. Clean the freezer. 7. What is the probable relationship between the speakers? A. Husband and wife. B. Employer and employee. C. Shop assistant and customer. 听第7段材料，回答第8至10题。 8. Where are the speakers?
Lesson Three Comparing Civil and Criminal Law I.Discuss the following questions: 1.What are the two objectives of criminal law? 2.What is civil law concerned with? 3.What are the two main branches of civil law? 4.In terms of duties or obligations, what are the differences between contract law and tort law? 5.How many kinds of torts are mentioned in the text? What are they? What are the difference and relationship between them? 6.Are compensatory damages and punitive damages the same in nature? Why or why not? Why are punitive damages seldom awarded? 7.Is it justified to say that a certain person can file a criminal charge against someone else? Why? II.Read the text again and decide whether these statements are true or false: 1.As for criminal law, there is just one purpose: to prevent antisocial behavior. F 2.Prevention of bad behavior may be more the consequence of civil law than the purpose. T 3.The primary purpose of civil law is the compensation of those injured by someone else’s behavior. T 4. A agreed to lease an apartment from a landlord for one year and A paid the rent for one year shortly after he moved in. Half a year later A moved out for unknown reasons, and then the landlord had the right to sue A for breach of contract. F 5.Negligent tort has occurred when one fails to act reasonably and unintentionally injury someone. T 6.Many intentional torts are also crimes and this is where civil law and criminal law has much in common. T 7.Criminal law is concerned with the immorality of an act while tort law is not. F https://www.doczj.com/doc/654852583.html,plete the sentences below using the words or phrases given: undesirable; nonconformity; monetary; compensation; liability; restitution; tortfeasor; battery; fraternity; damages 1.The monetary system of certain countries used to be based on gold. 2.Civil law actually acts to prevent nonconformity to society’s behavior. 3.The court estimated the compensation in money for damages sustained by the plaintiff in the contract. 4.Since A has not breached the contract, he holds no liability for damage. 5.Restitution means the act of making good or compensating for loss, damage, or injury, or a return to or restoration of previous state or position. 6.If one at a party heaves a beer bottle and strikes another present either unintentionally or on purpose, he has committed a tort and he is known as a
国家开放大学《法律文书》期末试题2（附答案） 专业：法律事务（本科） 总分100分,考试时间90分钟 一、单选题(每小题4分,共100分) 1.刑事案件立案报告书是()审查批准立案的法律文书。（4分） A.公安机关侦查人员报请本部门领导 B.公安机关侦查人员报请县级以上公安机关负责人 C.下级公安机关报请.上级公安机关 D.公安机关报请人民检察院 2.呈请拘传报告书的首部不仅要写明被拘传人的基本情况，还要写明被拘传人的()。（4分） A.主要学历 B.犯罪经历 C.犯罪经过 D.主要简历 3.在一审民事判决书的理由中，引用法律条纹时，如果法律条文有条、款、项、目，要求引用到（）。（4分） A.条 B.条、款 C.条、款、项 D.条、款、项、目 4.呈请拘留报告书的性质和特点表现为()。(4分) A.是公安机关内部使用的文书 B.是签发拘留证的依据 C.需经县级以上公安机关负责人批准方能发生法律竞争力
D.属于刑事诉讼文 5.为判决书确定统--格式和写作内容始自()。(4分) A.唐代 B.宋代 C.明代 D.清代 6.取保候审决定书属于侦查文书中的（）文书。（4分） A.立案、破案类 B.强制措施类 C.侦查取证类 D.侦查终结类 7.依表达方式和表现形式的不同，法律文书可分为（）。（4分） A.侦查文书、检察文书、裁判文书、律师实务文书、公证与仲裁文书 B.报告类文书、通知类文书、决定类文书、裁判类文书 C.信函式文书、致送式文书、宣告式文书 D.文字叙述式文书、填空式文书、笔录式文书、表格式文 8.公诉意见书在论证部分结束后，应归纳概括阐明人民检察院对本案被告人依法()。（4分） A.提起公诉的依据 B.处罚的理由 C.定罪量刑的意见 D.判决的根据 9.通缉令属于侦查文书中的()文书。(4分) A.立案、破案类
2013-2014学年第二学期 华侨大学法学院期末考试试卷 考试科目：法律英语考核类型：A卷考试时间：120 分钟 学号姓名授课教师骆旭旭 (注意：所有的答案（包括选择题）应做在空白答题纸上) Exercise 1: Translate the following sentence into Chinese.(30%) The dominant purpose in starting the public enterprises had been public good and profit motive was secondary; however, of late the scenario has changed. With the liberalisation of markets the public undertakings are in direct competition with the private players and have to have profit motive in mind. If not, there have been criticisms by industry on the unequal treatment meted out to the private players. Here it is important to note the definition of "enterprise" under the Competition Act. It makes no distinction between a private and a public enterprise/undertaking. In fact it even includes a department of the Government which does not perform a "sovereign function". Functionally, the public undertakings have been broadly classified into four heads: ?Financial Institutions, such as Life Insurance Corporation of India, Reserve Bank of India, Export Credit and Guarantee Corporation Ltd, Film Finance Corporation Ltd, Unit Trust of India, Industrial Reconstruction Bank, etc. ?Promotional and Development Undertakings, such as Rehabilitation Housing Corporation Ltd, National Research Development Corporation Ltd, Food Corporation of India, Central Warehousing Corporation, National Small Industries Corporation Ltd, etc. ?Commercial and Industrial Undertakings, such as State Trading Corporation, Hindustan Machine Tools Ltd, Indian Airlines Corporation, Air India, etc. ?Public Utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim.
中国传统法律文化的现代意义 [摘要] 中国是一个具有几千年悠久历史的文明古国，在长期的历史发展过程中积淀了许多宝贵的法律文化资源。中国在当前学习西方法律的浪潮中，有必要借鉴中国传统法律文化，为西方法律制度在中国的传播和有效实施培育适合的土壤，以建立具有中国特色的社会主义法治。 [关键词] 法律文化法治本土资源 法律文化是在一定的物质条件下，人类在长期的法律实践中所创造的精神财富及其法律制度、法律规范的总和，同时也是一个国家或一个民族对法律所持有的思想观念、感情模式及行为模式的总和。一个社会法律文化的形成，需要在长期的历史发展中不断继承和发展自己的本土法律文化，同时借鉴和吸收外来法律文化，并对二者进行适当的本土化整合，进而形成有自己特色的、符合本土国情的法律文化。中国具有五千多年的文明史，我们的祖先在长期的法律实践中为我们创造了丰富的法律文化，这些法律文化是中国传统文化的重要组成部分。传统文化所蕴涵的思维方式、价值观念、行为准则，一方面具有强烈的历史性、遗传性，另一方面又具有鲜活性、变异性，它无时无刻不在影响着今天的中国人，为我们开创新文化提供历史的根据和现
实的基础。虽然其中的许多法律思想为今天的人们所摒弃，但我们仍然可以从中找到一些具有现代意义的甚至是现代社会所缺乏的而又是必需的法律文化，来为建设有中国特色社会主义法治文明作出应有的贡献。笔者将从以下几个方面来介绍中国传统法律文化及其所具有的现代意义。 一、中国传统法律文化的基本特点 （一）工具主义色彩浓重 在中国古代社会，人们一直把法律看成是阶级统治的工具，而“法即刑”的思想是促成这种法律观念形成的重要因素。古代的老百姓不愿意打官司，因为他们对官府有一种恐惧的心态，从而就不愿意拿起法律的武器维护自己的合法权益。当时的社会从整体来看，“无讼”成了一种最佳的社会形态，“无讼即德”也成为当时的一种普遍的法律观念。由此导致了中国老百姓的法律意识极为淡薄。 （二）“德主刑辅”的法律文化导向 儒家思想在中国历史上长期占据着统治地位，因而儒家思想中的一些基本精神在法律领域也得到了充分的反映。西周时期周公制礼，倡导“以德配天，明德慎罚”，为后世的德治开创了典范。自汉武帝时期之后，儒家思想大一统，董仲舒倡导“德主刑辅”的法律思想，中国社会从此处于“礼”的统治之下。统治者用“礼”“德”来统治万民，“出礼则入
韩山师范学院2009年专升本插班生考试试卷 英语/英语（商贸英语）专业基础英语样卷 （请将答案写在答题卡） Ⅰ. Match each word with its definition: 10% Words: Definitions: 1) councilor 2) arrogant 3) fidget 4) impostor 5) intervene 6) dissipation 7) obscene 8) frailty 9) murmur 10) dingy 11) formidable 12) anguish 13) moribund 14) staunch 15) coma 16) commotion 17) restrain 18) egotism 19) distinctive 20) lust a)pleasurable but dangerous living b)morally disgusting; likely to corrupt c)person who pretends to be somebody he is not d)member of a group of people chosen to make laws, rules or decision for a country e)take action in order to prevent something from happening f)m ove about restlessly g)full of pride and self-importance h)dirty-looking; not fresh or cheerful i)at the point of death j)hold back from doing something k)clearly marking a person or thing as different from others l)a state of long unnatural deep unconsciousness caused by disease, poisoning, a severe blow and so on m)a weakness of character or behavior n)great physical and mental suffering o)speak in a low but not clear voice p)great or noisy confusion or excitement q)very strong, obsessive desire r)d ependably loyal and firm s)s elf-importance and self-conceit t)difficult to defeat Ⅱ. Fill in each blank with the derivative of the words in parentheses. 10% 1)They set up an ____ committee to advise workers on how to cut down on their expense. ( influent) 2)I want to know who has anything to say in ___.(oppose) 3)You could ____ on food by not going out to eat at the restaurants all the time. (economically) 4)After the hard work, his face _____ with sweat. (glisten) 5)The document was signed in the ____ of two witnesses. (present) 6)Many quarrels between friends are _____ at the time, but incredible afterwards. (evitable) 7)We stood in awe of the ____ of the mosque. (sacred) 8)Good news came in _____ from the battlefield. ( succeed) 9)We are engaged in a work which is ____ of time and energy. ( consume)
Lesson one 1、a cause of action案由 2、social norms 社会标准 3、substantive law实体法 4、procedural law程序法 5、resolve disputes解决纠纷 6、provide for规定 7、be entitled to 有权······ 8、law of contracts合同法 9、private law私法 10、public law公法 11、constitution law宪法 12、administration law行政法 13、criminal law刑法 14、the law of torts 侵权法 15、the civil law system大陆法体系 16、the common law普通法 17、the operation of the judicial processes司法程序的运作 18、the United States Congress美国国会 19、judge-made law判例法 20、judicial decision 司法决定 Lesson two multi-state transactions 多重性 choice of law 法律的选择 substantive rights实体权利 conflicts of law 法律冲突 choice of forum 法院的选择 courts of limited jurisdiction 有限管辖权法院 courts of general jurisdiction 一般管辖权法院 trial courts初审法院 inferior court低级法院 superior court 高级法院 supreme court最高法院 circuit court 巡回法院 district court区法院 appellate court上诉法院 intermediate appellate court中级宪法 at the discretion of 由······自由裁量 court of limited subject matter jurisdiction 有限对事管辖权法院the amount in controversy争议数额 diversity jurisdiction多元管辖 federal question联邦问题
1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies