高级法律英语水平考试样卷
- 格式:pdf
- 大小:138.90 KB
- 文档页数:15
法考英语试题及答案一、选择题(每题1分,共10分)1. The defendant in a criminal case is entitled to ________.A. a fair trialB. a quick trialC. a public trialD. all of the above2. Which of the following is NOT a fundamental principle of criminal law?A. the presumption of innocenceB. the right to legal representationC. the right to a jury trialD. the prohibition of double jeopardy3. The term "actus reus" refers to the ________.A. guilty mindB. guilty actC. guilty intentionD. guilty knowledge4. In legal terms, "mens rea" is the Latin term for ________.A. the actB. the crimeC. the intentD. the punishment5. The doctrine of "res ipsa loquitur" implies that ________.A. the burden of proof is on the defendantB. the facts speak for themselvesC. the defendant is presumed guiltyD. the plaintiff must prove intent6. Which of the following is NOT a type of legal document?A. summonsB. subpoenaC. indictmentD. invoice7. The right to remain silent is a protection against________.A. self-incriminationB. false accusationsC. harassmentD. defamation8. A "plea bargain" is an agreement between the defendant and the prosecution to ________.A. admit guilt in exchange for a reduced sentenceB. change the chargesC. request a new trialD. appeal the case9. The "exclusionary rule" in criminal procedure means that ________.A. evidence obtained illegally is admissibleB. evidence must be presented in a certain orderC. illegally obtained evidence is not admissible in courtD. evidence must be presented within a certain time frame10. The term "habeas corpus" is used to challenge ________.A. the legality of detentionB. the severity of a sentenceC. the validity of a convictionD. the appropriateness of a plea bargain二、填空题(每空1分,共10分)11. In a criminal trial, the burden of proof lies with the________.12. The term "due process" refers to the fundamental rights that must be respected in legal proceedings to ensure a fair trial.13. A "witness" is a person who has observed an event and can provide ________ testimony.14. The "right to confront" allows a defendant to ________ witnesses against them.15. A "class action" is a type of lawsuit in which a large group of people with similar claims sues as a single entity.16. The "Bill of Rights" is the first ten amendments to the U.S. Constitution, which includes protections for ________ rights.17. A "default judgment" is entered when the defendant fails to ________ in a lawsuit.18. The "emolument clause" in the U.S. Constitution prohibits government officials from receiving gifts from foreign entities.19. "Judicial review" is the power of the courts to determine the constitutionality of laws and government actions.20. "Probable cause" is the standard used to determine if there is sufficient reason to believe a crime has beencommitted and to justify ________.三、简答题(每题5分,共20分)21. Explain the concept of "double jeopardy" in criminal law.22. What are the rights of a defendant during a trial?23. Describe the process of a "grand jury" in the context of criminal law.24. What is the purpose of "voir dire" in a jury selection process?四、案例分析题(每题15分,共30分)25. A defendant is accused of a crime but has an alibi that places him in another city at the time of the crime. How might this affect the outcome of the trial?26. Discuss the implications of the "Miranda warning" for law enforcement and suspects during an arrest.五、论述题(30分)27. Discuss the importance of the "right to a fair and speedy trial" and how it is safeguarded in the legal system.答案:一、选择题1. D2. C3. B4. C5. B6. D7. A8. A9. C10. A二、填空题11. prosecution12. due process13. testimonial14. cross-examine15. legal16. fundamental17. appear。
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。
Answers to sample TOLES Advanced examination paperQuestions 1-101. C 6. B2. D 7. D3. C 8. C4. A 9. A5. A 10. AQuestions 11-2011. treat 16. revoked/withdrawn12. case 17. offeree13. held 18. lapse14. bound 19. enforce15. tender 20. openQuestions 21-22These questions involve freehand writing, so there is no one correct answer. Credit is given for correct use of grammar, punctuation, vocabulary, register and consistency of style.Suggested answers:Question 21We will not publish any advertisement which may mislead readers into believing that the advertisement is a part of the nonadvertising section of this magazine.Question 22To qualify as a rate agreement under clause 2a:a)customers must be given a minimum of 30 days’ notice; andb)the agreement must be published in the way mentioned above [in this memo];andc)the commission has approved the agreement.The requirement to publish the agreement is unnecessary for emergency rates. Questions 23-3223. eligible 28. bankruptcy24. expressly 29. fiduciary25. intangible 30. permission/leave26. notice 31. libel27. nuisance 32. lieu33. to 38. in34. with 39. to35. in 40. on36. under 41. into37. of 42. byQuestion 43This question involves freehand writing, so there is no one correct answer. Credit is given for correct use of grammar, punctuation, vocabulary, register and consistency of style.Suggested answer:Dear SirsMr and Mrs Jacobson – 19 Wilson Close, Hove, BrightonWe act on behalf of Mr and Mrs Jacobson who purchased the above property 18 months ago. Prior to the purchase our clients instructed your firm to inspect the property and provide a detailed survey report.The report that you provided mentioned the condition of the roof, but your surveyor concluded that no work would be necessary for a period of 5 years following the date of the inspection. You also assured our clients that a full search had been carried out with the planning department of the county council and that nothing had been discovered that would have a detrimental effect on the property.In reliance upon your report, our clients purchased the property for £79, 950. Regrettable, they have since experienced several serious problems with the property, which are detailed below:•there has been a major leak into the property through the roof, causing significant damage to the interior. This has meant that the effected roomshave had to be redecorated.• a large proportion (30%) of the roof tiles have had to be replaced.•most damaging of all, a new main road is currently being constructed which will adjoin the garden of the property. This will cause much distress andinconvenience to our clients and will significantly reduce the value of theproperty.In our opinion our clients have a very strong case against your firm on the grounds that the survey report you provided to them was negligent. We have advised my clients to seek damages for professional negligence and legal proceedings will be issued in the near future. We ask that you kindly provide us with the name and address of your insurer as we will need to contact them in connection with this matter.Yours faithfullyThomas Bedford.44. relation 49. exchange45. satisfactory 50. substandard46. complicated 51. exceptions47. conversely 52. permit48. contractors 53. arrayQuestions 54-5954.stubborn, difficult to persuade him to change his opinion55.received a very unfavourable deal (usually financial)56.difficult time57.start talking or acting immediately, without thought58.to be undecided about something59.specify, identifyQuestion 60This question involves freehand writing, so there is no one correct answer. Credit is given for correct use of grammar, punctuation, vocabulary, register and consistency of style. Each of the underlined words or expressions must be explained clearly in plain English.Suggested answer:Hi FredNo problem – I’m always pleased to help a friend in need! The loan agreement is pretty complicated, so I’ve rewritten it for you. Have a look and if you still don’t understand anything, just give me a ring.See you soon for that beer – I think I’ve earned it!Cheers – Michale.This clause is talking about the things which are considered to be an event of default (that is, not carrying out the terms of the contract properly, so giving rise to the bank being able to end the loan agreement with you). By the way, the Lender is the bank and the Borrower is you.1.The following things are events of default:1.1.if you don’t pay (fail to pay) any amount of money that you have to pay onthe date it becomes payable (due) or according to the terms of this loanagreement1.2.if you don’t do what you’re supposed to, or don’t carry out or follow (complywith) all your duties in the right way and at the right time (duly andpunctually). If you don’t do something (other than not paying money), which the bank thinks can be put right (remedy) the bank can send you writtennotice requiring you to resolve the problem. You’ve then got 7 days fromreceiving that notice to fix the problem in a way the bank thinks is OK. Ifyou don’t resolve it in time, then you will be in default.1.3.This clause is talking about legal action being taken over your business. Itsays that if someone you owe money to (creditor) takes any part of yourassets or business, or if any legal court order is made against you or enforced against your assets or business, then this is an event of default. Execution is where your goods are taken and sold because you owe someone money.There’s an exception here – if you do as the order says and the order is lifted and you are released from it (discharged) within 14 days. You get a longer time period if you’re arguing against (contesting) the order at appeal.1.4.If you stop, or stop temporarily (suspend) paying your creditors, or any groupof them, or if you can’t pay any sums of money you owe (debts) (and thisincludes the case where the law considers (deems) this, even if you thinkotherwise), then this is an event of default. Similarly, if you try to enter into any kind of financial agreement with people you owe money to, or if you are officially declared not to have enough money to pay all your debts (bankrupt) 1.5.The last event of default is if anything happens that the bank thinks is enoughto believe that1.5.1. a significant (material) negative (adverse) change in your business orfinancial situation (present or future) has happened or1.5.2.your ability to carry out your duties under this agreement has been orwill be significantly and negatively affected.。
2024年司法考试卷三样题及详解英文版2024 Judicial Exam Paper Three Sample Questions and Detailed Explanation1. Discuss the principle of judicial review in the context of constitutional law.2. Analyze the elements of a valid contract under contract law.3. Explain the concept of vicarious liability in tort law and provide examples.4. Evaluate the role of precedent in the common law system and its impact on judicial decisions.5. Critically examine the doctrine of separation of powers and its significance in maintaining a democratic society.6. Compare and contrast the adversarial and inquisitorial systems of legal proceedings.7. Discuss the ethical considerations that lawyers must keep in mind when representing clients in court.8. Explore the concept of strict liability in criminal law and its application in various legal cases.9. Analyze the factors that contribute to a conflict of interest in the legal profession and how to address them.10. Examine the role of alternative dispute resolution mechanisms in reducing the burden on the judicial system.These sample questions cover a range of legal topics and require a comprehensive understanding of different areas of law. Prepare thoroughly by studying relevant case law and legal principles to succeed in the 2024 judicial exam.。
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 the correct translation of "plaintiff" in English?A. DefendantB. PlaintiffC. LitigantD. Juror2. The term "due process" refers to:A. The process of serving legal documentsB. The right to a fair and impartial trialC. The process of collecting debtsD. The process of issuing a warrant3. In legal terms, "precedent" means:A. A legal documentB. A previous case that can be used to decide a similar caseC. A legal principleD. A legal rule4. The phrase "pro se" is used to describe a person who:A. Represents themselves in courtB. Is a professional lawyerC. Is a legal assistantD. Is a legal expert witness5. Which of the following is not a type of legal document?A. ContractB. DeedC. WillD. Invoice6. The term "bail" refers to:A. A legal obligationB. A sum of money given to ensure the appearance of a defendant in courtC. A legal feeD. A court order7. "Statute of limitations" is a legal term that means:A. The deadline for filing a lawsuitB. The time limit for a court to make a decisionC. The time limit for a defendant to respond to a lawsuitD. The time limit for a witness to testify8. "Probate" is the legal process of:A. Filing a lawsuitB. Administering an estate after someone's deathC. Issuing a court orderD. Enforcing a contract9. The "Bill of Rights" is a term commonly associated with:A. The first ten amendments to the United States ConstitutionB. A list of legal rights in a contractC. A document outlining the rights of defendantsD. A set of rules for a court proceeding10. "Tort" is a legal term that refers to:A. A criminal actB. A civil wrong that can result in compensationC. A legal documentD. A type of contract二、填空题(每题1分,共10分)1. The legal term for a formal accusation against someone is a(n) _______.2. A(n) _______ is a person who has been granted permission to practice law.3. "Injunction" refers to a court order that requires someone to do, or not do, something.4. The process of a court determining the rights and obligations of parties in a dispute is called _______.5. "Affidavit" is a written statement of facts confirmed by the oath of the party making it, which is used as evidence in court.6. A(n) _______ is a legal document that outlines the terms and conditions of an agreement.7. The term "eminent domain" refers to the power of the government to take private property for public use.8. "Misdemeanor" is a(n) _______ crime, less serious than a felony.9. A(n) _______ is a legal document that proves ownership of property.10. "Litigation" is the process of taking a dispute to court to resolve it through a formal hearing.三、简答题(每题5分,共20分)1. Explain the concept of "double jeopardy" in legal terms.2. What are the main differences between civil law and common law systems?3. Describe the role of a judge in a criminal trial.4. What is the purpose of a "plea bargain" in the legal process?四、论述题(每题15分,共30分)1. Discuss the importance of legal ethics in the practice of law.2. Analyze the impact of globalization on the legal profession.五、翻译题(每题5分,共10分)1. 请将以下句子翻译成英文:“在法律面前,人人平等。
法律英语证书考试试题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. BillC. Neither Mary and Bill.D. Both Mary and Bill.3.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.4.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.5.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discoveredthat he was missing $9,000 in cash. Mark may be guilty of:A. Robbery.B. Embezzlement.C. Misappropriation.D. Conversion.6.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.7.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.8.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. Forgery9.A homicide committedwithout malice towards the victim is known as:A. First-degree murder.B. Manslaughter.C. A misdemeanor.D. Extortion10.If 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.11.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 robbery12.Which 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.13.Which of the following is not classified in English law as a tort?A. Defamation.B. Negligence.C. Breach of contract.D. Nuisance14.Eunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Yasser because of the Armenian genocide, but is a friend of Eunice’s, whose present is known to him, draws a scimitar 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 Jacquesfor 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.15.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 live16.False 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 pers on’s will.17. Which of the following is/are required in order to have 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.18. 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.19. 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 discoverlater 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.20. 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 value21. 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 donereally good lately. If you can keep it up until 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 contract22. 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. Vercingetorix 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. Vercingetorix may reject Eddy’s performance because it was not precisely what their agreement demanded23.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 ag ainst Andronicus will accrue:A. Immediately on August 1st.B. Anytime between July 12th and August 12th.C. Either A and B.D. August 12th24.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.25. 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 law26. 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 injury27. 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.28. 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.29. 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 secret30. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”, you are looking at:A. A certification mark.B. A strong mark.C. A patent.D. A licensor31. 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 illegally32. One of the ways to make use of another’s trademark,copyright, patent, or trade secret, while avoiding litigation, is to obtain:A. A cyber mark.B. A businessprocess patent.C. An easement. 地役权D. A license.附:法律英语证书考试大纲考试分试卷一和试卷二,各需三个小时完成。
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.。
2024高三英语法律英语单选题30题1. In a court case, the ______ presents the case against the defendant.A.prosecutorB.defenderC.judgewyer答案解析:A。
prosecutor 是检察官,在法庭案件中负责起诉被告;defender 是辩护人;judge 是法官,负责主持审判;lawyer 是律师,可以是检察官也可以是辩护人。
在这个句子中,呈现针对被告案件的是检察官。
2. A written statement made under oath is called a ______.A.testimonyB.affidavitC.statementD.declaration答案解析:B。
affidavit 是宣誓书;testimony 是证词;statement 是陈述;declaration 是宣言。
在法律场景下,书面的、经宣誓的声明叫宣誓书。
3. The person who is accused of a crime is called the ______.A.accuserB.accusedC.prosecutorD.defendant答案解析:D。
defendant 是被告;accused 也是被告,但这个词通常作后置定语;accuser 是原告;prosecutor 是检察官。
被指控犯罪的人是被告。
4. A decision made by a judge is called a ______.A.rulingB.decisionC.judgmentD.opinion答案解析:C。
judgment 是判决;ruling 通常指的是裁定;decision 是决定;opinion 是意见。
法官做出的决定叫判决。
5. The place where a trial takes place is called a ______.A.courtroomB.courthousewcourtD.judicial hall答案解析:A。
2023年司法考试卷二样题及解答英文版2023 Judicial Examination Paper II Sample Questions and Answers1. Question: Discuss the concept of judicial review and its significance in the legal system.Answer: Judicial review is the process by which courts review the actions of the executive and legislative branches of government to ensure they are in line with the constitution. This concept is vital in upholding the rule of law and maintaining the balance of power within a legal system.2. Question: Explain the doctrine of stare decisis and its role in common law systems.Answer: Stare decisis is a legal principle that requires courts to follow the precedents set by higher courts when deciding similar cases.This doctrine is essential in common law systems as it promotes consistency, predictability, and fairness in the judicial process.3. Question: Analyze the difference between civil law and common law legal systems.Answer: Civil law systems are based on codified laws and statutes, while common law systems rely on judicial decisions and precedents. Civil law systems are more structured and rely on the interpretation of written laws, whereas common law systems prioritize flexibility and the evolution of legal principles through case law.4. Question: Discuss the principle of separation of powers and its importance in democratic societies.Answer: The principle of separation of powers divides governmental authority among three branches – the executive, legislative, and judicial – to prevent any one branch from becoming too powerful. This principle is crucial in democratic societies to ensurechecks and balances, protect individual rights, and prevent abuse of power.5. Question: Evaluate the role of international law in shaping domestic legal systems.Answer: International law influences domestic legal systems by providing standards for state behavior, regulating global interactions, and promoting cooperation among nations. Domestic legal systems often incorporate international law principles through treaties, conventions, and customary practices to ensure compliance with global norms.6. Question: Examine the concept of human rights and the challenges in their enforcement.Answer: Human rights are inherent entitlements that protect individuals from discrimination, oppression, and abuse. However, challenges in enforcing human rights arise due to cultural differences, political obstacles, lack of resources, and resistance from authoritarianregimes. Efforts to uphold human rights require international cooperation, advocacy, and legal mechanisms.7. Question: Describe the role of alternative dispute resolution methods in relieving court congestion and promoting access to justice.Answer: Alternative dispute resolution methods, such as mediation and arbitration, offer parties efficient and cost-effective ways to resolve conflicts outside of traditional litigation. These methods help alleviate court congestion, reduce backlog, and provide individuals with greater access to justice by offering flexible and collaborative solutions to disputes.8. Question: Identify the ethical considerations that legal professionals must uphold in their practice.Answer: Legal professionals are bound by ethical duties to uphold justice, integrity, confidentiality, and loyalty in their practice. They must adhere to professional standards, maintain client confidentiality, avoidconflicts of interest, and prioritize the interests of justice and fairness in their legal representation.These sample questions and answers provide a comprehensive overview of key legal concepts and principles relevant to the 2023 Judicial Examination Paper II.。
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。
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?。
2024高三英语法律表达单选题30题1.The lawyer presented strong evidence in the court to support his client's case. The word "evidence" here means_____.A.adviceB.proofC.suggestionD.opinion答案解析:B。
“evidence”意为“证据”,选项A“advice”是“建议”;选项C“suggestion”也是“建议”;选项D“opinion”是“观点”。
只有选项B“proof”有“证据”的意思。
2.The judge made a fair decision after listening to all the arguments. The verb "made" can be replaced by_____.A.didB.createdC.reachedD.gave答案解析:C。
“make a decision”表示“做决定”,可以用“reach a decision”替换,选项A“did”后面不能直接接“decision”;选项B“created”一般指“创造”,与“decision”搭配不当;选项D“gave”通常是“give sth to sb”的用法,与“decision”搭配不合适。
3.The defendant was found guilty of the crime. The word "defendant" refers to_____.A.the person who accuses othersB.the person who is accusedC.the judgeD.the lawyer答案解析:B。
“defendant”是“被告”,即“the person who is accused”,选项 A 是“原告”;选项C 是“法官”;选项D 是“律师”。
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。
截至同一日期,就总资产规模而言,本银行是这些银行中最大的。
一般而言,股份制商业银行的股东架构各不相同,包括(但不限于)当地政府实体及国有企业。
这些股份制商业银行大多数是在八十年代后期和九十年代初期组建,整体市场份额逐年增加,而四大银行的市场份额逐年下降。
根据中国银监会的资料,截至2004年12月31日,这些银行占中国金融机构总资产约14.9%。
(2) Please translate the following paragraph into Chinese2-202. Final Written Expression: Parol or Extrinsic Evidence.Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented(a) by course of dealing or usage of trade (Section 1-205) or by course of performance (Section 2-208); and(b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement .2 WritingSuppose you were Marie Lin, a lawyer of SHICHENG LAW FIRM, you have known that Max Chen wants to retain a legal consulting firm from afriend. Now, please write a letter to Max Chen, persuade him to choose your law firm. You also send him your firm brochure.Max Chen’s address: ABC corporation, Cyber Tower, Suite 119, Haidian, Beijing, China.Please pay more attention to format of your letter.。
法律英语LEC考试真题及解析
真题示例
Which of the following is NOT a feature of contract law?
A. Mutuality of obligation
B. Consideration
C. Absolute rights
D. Freedom of contract
In criminal law, the term "actus reus" refers to:
A. The mental state of the accused
B. The physical act committed by the accused
C. The legal definition of the crime
D. The punishment imposed on the accused
解析
【答案】C
【解析】合同法的特点包括双方义务的相互性(Mutuality of obligation)、对价(Consideration)、合同自由(Freedom of contract)。
而绝对权利(Absolute rights)不是合同法的特点,它通常与财产权等权利相关,不受合同法的约束。
因此,正确答案是C。
【答案】B
【解析】在刑法中,“actus reus”指的是被告人所实施的身体行为。
它与被告人的心理状态(mens rea)相对应。
因此,选项B“被告人所实施的身体行为”是正确的解释。
选项A是被告人的心理状态,选项C是犯罪的法律定义,而选项D是对被告人的处罚,都与“actus reus”的定义不符。
201 3 –2014学年第一学期武昌理工学院试题参考答案课程名称:法律英语适用专业班级:法学1101班考试时间:90分钟 A √ B卷开闭√卷I. Literary terms translation: English into Chinese. (20 points,1 point for each)1.律师考试2.宪法至上3.死刑4.实体法5.衡平法6.当事人7.初级(出庭)律师8.案例教学法9.分权10.诉讼人11.初审法院12.普通法13.侵权法14.民事程序15.参议院16.公司法17.司法制度(体系)18.证据原则19.上诉法院20.一级谋杀II. Literary terms translation: Chinese into English. (20 points,1 point for each)1. appellee2.moot court3. New Dealrmation5. Supreme Court6.property law7.injunction8.criminal law9.Provisions of Oxford 10. agency action 11.circuit court 12.House Counsel 13.hearing 14.legal instruments 15. three-tiered model/system 16.due process 17.popular vote 18.judicial review 19.death penalty 20.real estate /property III. True or false statements. (20 points,1 point for each)1-5 TTFFF 6-10 FTTTT11-15 FFTTT 16-20 FFTTTIV. Short questions. (20 points, 4 points for each)1. The civil law system and the common law system. The latter developed through decisions of courts and similar tribunals, while the former through legislative statutes or executive action.2. three years of college and a law degree3. Common law vs. Equity law; Substantive law vs. Procedural law ; and Substantive law can be subdivided as Public law vs. Private law.4. to serve on boards of directors of corporate clients ,to engage in business, and to participate actively in public affairs.V. Passage translation. (20 points, 10 points for each)1. 没有两个法系是恰好相似的。
法律英语考试试题法律英语考试试题在现代社会中,法律英语已经成为了法律从业者必备的一项技能。
无论是律师、法官还是法务人员,都需要掌握一定的法律英语知识。
为了评估和证明法律从业者的英语水平,法律英语考试应运而生。
本文将探讨一些常见的法律英语考试试题,并分析其背后的法律知识。
第一部分:词汇与短语1. What is the meaning of the term "jurisdiction" in legal context?2. Explain the difference between "plaintiff" and "defendant" in a civil lawsuit.3. Define the term "precedent" and its significance in common law systems.4. What is the legal definition of "negligence" in tort law?5. Provide a brief explanation of the term "due process" in criminal law.这些试题旨在考察考生对法律英语词汇和短语的理解。
对于法律从业者来说,准确理解和运用这些术语至关重要。
词汇和短语的准确使用能够帮助从业者与客户、同事和法庭进行有效的沟通。
第二部分:案例分析阅读以下案例并回答问题:Case: John v. ABC CorporationFacts: John purchased a product from ABC Corporation. The product was defective and caused injury to John. John filed a lawsuit against ABC Corporation, claiming compensation for his injuries.Questions:1. What type of legal claim is John making against ABC Corporation?2. What is the burden of proof for John in this case?3. What are the possible defenses that ABC Corporation can raise?4. What remedies can John seek if he wins the case?案例分析是法律英语考试中常见的题型。
TOLES FOUNDATIONEXAMINATIONTest of Legal English Skills – knowledge andunderstanding 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, UKThis page is blankLook at the groups of words below. In each group, three of the words belong to the samesubject 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. considerationLook 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 damagesfrom 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 3Read 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 4Look 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 willtry 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 anexpert has said the machine was definitely faulty.(D) CostCo? I know that name! They were in the newspapers last year. One oftheir 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 patentBusiness law(*) …AA…….1.……………2.……………3.……………4.……………Intellectual Property law5.……………6.……………7.……………8.……………Immigration law9.……………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) discriminationExample(*)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 weshould 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 doanything 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 fromsmoking cigarettes in any building connected with education.(4)If your employer treats you differently from other employees because of the colour ofyour skin or your nationality that is (4) ……….. .(5)The house that Maria lives in was part of her (5) ………. under the terms of hergrandmother’s will.(6)Before you try (6) ………., which means starting a case in court, you should tryeverything 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 ofthe 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 casethat tells us what the law is.(10)There was no need to have the trial. The parties reached a (10) ………. a few days beforethe case started.(*)(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) AARead 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 CLAUSE1.1Unless terminated in accordance with (* AA) clause 1.2 below this agreement shallcontinue 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 thefollowing 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(*)AAdone, carried outone of the people or groups involved in a contract or a case in courtrightcorrect,putendwarning,notificationlegal power over someone or somethingimmediatelyonce,atstopsthe closing of a company and the sale of its assetspeople that you owe money toRead the text below. There are ten words missing from the text. In the spaces below, givethe 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 PARTNERSHIPSThere 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 - QUESTIONSExample (*) 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 oftheir 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 sueSECTION 2(1)the(2)it(3)ground(4)to(5)informationsFor information only - correct sentences1. 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) ASECTION 4(1) FALSE (2) FALSE (3) FALSE (4) TRUE (5) TRUESECTION 5(*) AA(1) B (2) F (3)D(4) A (5) H (6) C (7) G (8) E SECTION 6Business law1. (B) to buy shares2. (E) to go into partnership3. (F) to work on a merger deal4. (K) to work as a sole traderIntellectual Property law1. (A) to register a copyright2. (D) to pay royalties3. (G) to pass off goods as originals4. (L) to register a patentImmigration law1. (C) to apply for a work permit2. (H) to get a green card3. (I) to fill out a visa application4. (J) to check the details of a passportSECTION 7(1) D (2) C (3) E (4) H (5) B (6) G (7) A (8) J (9) F (10) I SECTION 8D done, carried outA one of the people or groups involved in a contract or a case in courtE correct, put rightC endB warning, notificationJ legal power over someone or somethingF at once, immediatelyG stopsI the closing of a company and the sale of its assetsH people that you owe money toSECTION 9(1)regulations(2)spend/spent (USA)(3)employed(4)calculate(5)liable(6)draw(7)capital(8)loss(9)loan(10)severalSECTION 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 fourminutes.(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.。