法律英语口语考试题

法律英语口语考试题1) Please discuss the differences between the civil law system and the common law system.2) Please discuss the main features of the American court system.3) Please discuss the significance of jurisdiction.4) Please discuss the main characteristics of case law.5) Please explain a part of the Constitution that impresses you the most.6) Please discuss the significance of the case Marbury vs. Madison.7) Please discuss the main differences between substantive law and procedural law.8) Do you think the death penalty should be abolished?9) Please discuss the Miranda warning.10) Please discuss the function of voir dire.11) On what do you think it is proper for the appellate courts to focus?12) Please discuss the difference between torts and crimes.13) Please discuss the process of the creation of case law.14) Please discuss the difference between the binding precedents and persuasive precedents?15) Do you think it is reasonable to have a dual court system in America?16) Please discuss the different roles of judges and attorneys in court?17) Is it reasonable to choose common people as jurors?18) Please discuss the meaning of the right of judicial review of the court?19) Please discuss the difference between motive and intent?20) Please discuss the difference between information, complaint and indictment.21) Please discuss the difference between verdict, judgment and sentencing.22) Please explain the difference between preponderant evidence and proof beyond a reasonable doubt.23) Please discuss the main characteristics of adversary system.24) Please discuss a lawyer’s work before actually filing a complaint.25) What is trespass? What is the basis for such tort? How to prove it?26) How to prove the existence of false imprisonment?27) How to prove the existence of negligence?28) What is a contract? What are the sources of contract law in America?29) How do you define consideration? Why is it so important to the American contract law?30) What does the Statute of Frauds provide?31) What are the most fundamental requirements of enforceable contracts?32) Discuss the major steps for forming a corporation.33) What is the capital structure of the corporations?34) Why do large corporations choose to be incorporated in the State of Delaware?35) Please describe the internal affairs doctrine.。

雅思口语杀手级别话题:law真题还原：Describe a law in your country.You should saywhat the law iswhat type of law it is (or, what kind of behaviour this law seeks to regulate) how good (how necessary or effective or how suitable) you think this law isAnd explain how this law affects people.例文：The law that I think is good is the plastic-bag usage law which took effect on June 1st 2008. Plastic bags are no longer offered for free when shopping. You now need to either bring your own bag or pay for a plastic bag. I think it is a great law because it aims to protect the environment by reducing white pollution.I remember the day the law took effect. It was the weekend and I was at the supermarket buying food for the week. I normally try to do all my shopping during the w eekend, because I don’t have time during the week to go to the supermarket. I got to the check-out counter with a full basket of food. The check-out woman asked if I had a bag or if I wanted to purchase a bag. I had completely forgotten about the new law! I ended up having to purchase a bag, but instead of buying a plastic bag I opted to buy a reusable canvas bag. Though it was more expensive, I still use that same bag every time I go shopping.It pleases me to see more and more people bringing their own shopping bags with them to the super market since the law took effect last year. It just goes to show that people really do care about our environment.词汇及材料扩展：Restricting the use of plastic packaging限制塑料袋的使用塑料袋(plastic bags or plastic packaging)白色污染(white pollution)环保袋(environment-friendly bags)生物可降解(biodegradable)能源消耗(energy consumption)不可再生资源(non-renewable energy resources)出台法律(roll out/introduce/ put forth/pass the law)Intellectual Property Right Law知识产权法正版(authentic/real/genuine copy)盗版(pirated/fake copy)下载(download) 下载文件链接(download link)打击(crack down on/stamp out)在线观看(online video streaming)睁一只眼闭一只眼(turn a blind eye to)What the law is? （注意法律的英文表达方式：找简单的说）New Labour law 新劳动法Traffic Laws 交通法Environmental Protection law 环境保护法Taxation law 税务法New plastic-bags standards塑料袋使用规定One Child Policy 独生子女政策When it went into effect? （生效）Come into forceGo into effectBecome effectiveTake effectNew Labour law 新劳动法：Jan, 2008（时间）New plastic-bags standards 塑料袋使用规定：June, 2008What contents?第几章第几条：chapter, article规定，说明：states...says...New labour lawThe new law greatly limits the use of short-term contracts. The new law allows employers to assign only two consecutive fixed-term contracts. After that the employer must offer the employee an open-ended contract.The LCL imposes severe restrictions on the use of probationary periods in the employment relationship. Probationary periods are permitted, but the length is limited. Furthermore, an employee can only be subject to a single probationary period by a single employer. Wages during the probationary period must also be no less than 80% of the contract wage.New plastic-bags standardsNew standards forbid supermarkets and shops from handing out colorized plastic bags. Authorities say those bags are mainly made of wasted plastics which will pollute the environment. The standards also have other industrial requirements. For example, plastic bags should have a thickness of no less than0.025 millimeter, so that they can be reused. Enterprises fail to conform to standards will face severe punishment.And explain how good you think this law is.New labour lawChinese workers are increasingly aware of their rightsthese laws seem more favorable to workersThe LCL has been actively publicized and employees are well informed about their rights under the new law.try to redress the balance of power between workers and employers.For example, mines and construction sites have been getting a lot of attention for several years now. workers were clearly being abused. All of this represented a source of social instability, and I think they just decided they couldn't afford it. So they decided to get at one root cause: the lack of contracts.Implementation and enforcement are traditionally the weakest points of labor law in China.New plastic-bags standards :China's new standard is to change consumers' shopping habits.If everyone can use just one plastic bag a day, he or she can save around 300 bags a year. And that would mean as much as a 2-thirds reduction in the use of plastic bags for the entire country.Mainly aimed at protecting the environment.Stop the "White pollution".One Child Policyreward of only child policy 独生子女的政策奖励force implement 强制执行impose a penalty on sth 超生罚款Reducing the population 减少人口favorable to economic growth 有利于经济增长one-child policy has helped the fight against global warming by avoiding 300 million births. 独生子女政策减少了三亿人口的出生，帮助阻止全球变暖。

1、法律和你工作的关系？我在人民政协工作，作为一名公民，尤其是作为一名国家公务员，要严格遵守法律法规，以身作则。

和人大不同的是，人大是制定法，我们是监督法律的实施和执行。

作为国家政权机关的组成部分，要做到有法可依，有法必依，违法必究，执法必严The relationship between laws and your work?I am working in the XXX Conference. As a citizen, especially as a national civil servant, we should strictly abide by the laws and regulations. The difference is that Congress enacted law, we supervise the implementation and implement of laws . As a part of organs of political power for Government, we should to do ensure that are laws to go by, the laws observed illegally.2、怎样理解法的概念？法律是统治阶级的（国家）意志的集中体现和反映（阶级意志性和国家意志性）法律的基础是社会物质生活条件，其中社会生产方式是最具有决定性的因素法是一种行为规范，每个人都应该在法律的框架下生活、工作，我们必须要严格遵守。

How to understand the conception of Laws?The Laws is the directly reflects embodiment and reflection of (The will of class and the state) the ruling class (the state) will. The basic of the Laws is the material condition of social life, and the social mode of production is determinant factor.The Laws is a code of conduct, everyone’s life and work should be u nder the frame of law, we must comply strictly with these laws.。

法律英语口语大全：法律1.a later statute takes away the effect of a prior one.2.arms and laws do not flourish together.3.consent makes law.4.custom has the force of law.5.customs,religions and philosophies tend to form the basis for a nation's laws6.equity is a correction of common legal rules in their defective parts.7.except as otherwise provided by law.8.every law has a loop hole.9.every law has no atom of strength,as far as no public opinion supports in.10.in civilized life,law floats in a sea of ethics.11.it can hardly be taken to be a guaranteethat every law shall treet every person the same.w can never be enforced unless fear supports it.w does not compel a man to do what he is impossible to perform.w governs man,reason the law.w is a pervasive feature of social life that profoundly affects us.w is an exercise in communication between authorityand the public.w is an ordinance of reason for the common good.w is an utterance determined by the common consent of the commonwealth.w is both an instrument of change and a result of changes.w is established for the benefit of man.w is law,just or not.w is mind without reason.w is order,and good law is good order.w is the crystallization of the habit and thought of society.w is the science of what is good and just.w must be stable and it cannot stand still.w that is deficient is better than law that is uncertain.ws are made to prevent the stronger from having the power to do everything.ws are gentle are seldom obeyed;too severe,seldom executed.30.no,crime without law making it so;no penalty without law making it so.31.no one is above the law.32.one with the law is a majority.33.scarcely any law can be made which is beneficial。

1. Please introduce yourself。

Dear professor, I’m very glad to have the chance to introduce myself to you. My name is XXX, I’m 23 and come from XXX province. I graduated from XXX university, and my major is XXX。

(请务必把本科院校的名称和专业名称查清楚。

) After the college, I found a job as XXX(⼯作职位) of XXX Company. I’m a person with great perseverance, eagerness and commitment. With two years work, I have profited the corporation more than 2,000,000 RMB and finally been promoted as the vice manager. Although the job is promising and my future life can be well guaranteed, I still want to further my study on Juris Master in RENMIN UNIVERSITY OF CHINA from the bottom of my heart, so as to enrich my knowledge on this area which is of great importance to enterprises operation and management. Meanwhile, I’m really interested in legal studies。

法律英语口语：公司法Company law 十一、公司法Company law1.A company director owes a fiduciary duty to the company.2.A company is regarded by the law as a person：an artificial person.3.An enterprise as a legal person shall conductoperations within the range approved and registered.4.He is director appointed under the articles of the company.5.Prior to application for registration,the share capital must be stipulated in the Articles and all shares must be subscribed.6.The chairman was personally liable for the company's debts.7.The company has complied with the court order.8.The company has fulfilled all the terms of the agreement.9.The company intends to sue for damages.10.The company is controlled by the majority shareholder.11.The company is presumed to be still solvent.12.The company is resisting the takeover bid.13.The company's action was completely legal.14.The domicile of a legal person or other organization is at the place of its principal business establishment.15.The legal adviser recommended applying for an injunction against the directors of the company.16.The major methods used to reconstitute the company are acquisition of companies and merging.17.The profits and losses of the equity joint venture shall be shared by the parties in proportion to their contributions of the registered capital.18.The resolution was invalid because the shareholder's meeting was not quorate.19.The right to vote at shareholder's meetings for the election of directors shall be observed.20.The two companies have merged.公司董事应对公司负责受托人责任。

法律英语口语：Inｔｅrnａtioｎal laｗ国际法Ｐａｒｔ13 Iｎｔｅｒｎatioｎal lａｗ国际法1。

A staｔeａlone can peｒfoｒm aｃts of sovereignty ｏn ｉｔs ｔerritory。

２．Being sovereignａnｄeual to otheｒｓ,a stａte has cｅｒtａin rights aｎd corｒesnｄing duties。

３．Botｈsｉdｅs claiｍeｄｔhe ｏｔheｒside broｋe theｐeace agrｅemｅｎｔ.4.Evｅry staｔｅhａs ｔheｄuｔy to refraｉn froｍusｅoｆfｏrcｅagａinst the tｅrrｉtorial integritｙof any otｈer statｅ.5.He claimed dipｌｏｍatic ｉmmｕtｙtｏoid beiｎgａｒrｅｓｔed.6.Hｉs passrｔis ｏuｔof date。

７.Ilｌegal imｍｉgｒａｎtｓarｅｄｅrtｅｄ。

8。

One oｆtｈe st fｌaｇrａnt of inｆringement of indeｐendence of Ｓtates is interｖention.9．Pｕbｌicｉｎｔermatｉonａl law ｈaｓbeenｒｅgardｅd as ａｓystem of priｎciplｅｓand rules ｅsiｇｎed to govｅｒｎrelａｔiｏnｓbｅtwｅen ｓovereigｎstates.1０。

The bｅginngs ｏｆinｔernａtional ｌaｗas it ｉｓknown todａy re usually traｃｅd ｔo thｅ１６th ａnd 17th ceｎtｕrｉes．国际法只有国家和能在自已的领土上行使主行为。

作为、平等的主权国，既享有某些权利，也承担相应的责任义务.双方者声称对方破坏了和平协议。

法律英语口语：Police警察1.After six hours’ questioning by the police the accused man confessed.2.At this point the police interfered.3.He is wanted by the police.4.The chief Constable applied for an order of mandamusdirecting the justices to rehear the case.5.The confession was extracted under torture by the police.6.The police are close to solving the crime.7.The police were accused of tampering with the evidence.8.The post mortem was carried out or was conducted by the police pathologist.9.The thief surrendered himself to the police.10.When he offered to give information to the police，he was granted immunity from prosecution.警察通过警方六个小时的审咨询，被告供认了犯罪。

如今警方介入进来。

他是被除警方通缉者。

警察局申请获得履行职务令，以命令法官重新审理该案。

供认是警方严刑逼供得到的。

警方马上破案。

警察被指控篡改证词。

由警察病理学家进展验尸。

小偷向警方自首。

当他主动给警察提供信息时，他被免于起诉。

1. To discuss the differences between the civil law system and the common law s y s t e m.(P4)There are many differences between civil law system and common law system.Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.起源地不同，民法起源于古罗马，普通法起源于英格兰Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system.普通法的主要传统渊源是案例法，民法的主要传统渊源是成文法。

因此民法国家用许多成文法典取代普通法国家的不成文法Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.民法法系更多关注实体法，普通法更关注程序规则Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.法的分类不同，民法法系分为公法和私法，普通法法系分为普通法和衡平法Ⅴ The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases.法官和学者的作用不同，因为理论和学说在民法法系中的重要性，学者在教授学生法律时十分重要。

人大法学考‎研复试：英语口语面‎试题一、自我介绍(self-intro‎d uce)1、回答样式一‎：May I intro‎d uce mysel‎f fi rst‎? So we can get an good relat‎i onsh‎i p among‎us. Thank‎you very much.So good after‎n oon, my respe‎ct ful‎ teach‎e rs, it’s my great‎ honor‎ to be here for this inter‎v i ew. First‎l et me intro‎d uce mysel‎f—My name is······. I’m a senio‎r stude‎n t and have gradu‎ated from schoo‎l of law, ······unive‎rsity‎. Durin‎g my four years‎’campu‎s life, I am hard-worki ‎n g and have won schol‎a rshi‎p s sever‎a l times‎.Engli‎sh i s the favor‎i te of mine besid‎e s my major‎ .Thoug‎h the weak basic‎skill‎s I had when I just went throu‎g h the colle‎g e gate had been impro‎ved much throu‎g h my pains‎t akin‎g effor‎t s, I have a long way to run becau‎se I can not use it freel‎y .Besid‎e s, I pass CET Band 4 when I was a fresh‎man，and then CET Band 6 when I was a sopho‎m ore, meanw‎hile I got an admis‎si on quali‎fi cat‎i on of SET of Band 6 at last.When it comes‎to my free time, I indee‎d have a lot of hobbi‎e s , for examp‎l e: 1) Pop music‎(I like it very much becau‎se it can encou‎rage me, comfo‎rt me and somet‎i mes relax‎me); 2) Readi‎n g novel‎s, I prefe‎r to read novel‎s which‎ can conve‎y the true meani‎n g of life to me , for examp‎l e, 《Live》by Y uhua‎; 3) Swimm‎i ng. Backs‎t roke‎[仰泳]and crawl‎ [自由泳] are the commo‎n ways I use. When I am in water‎, the whole‎body of mine will feel very comfo‎rtabl‎e; 4) Kong-fu is my favor‎i te, thoug‎h I’m only a new-comer‎. I respe‎ct Bruce‎Lee very much becau‎se he was a patri‎o t [’peitr‎i et 爱国者] and broke‎thoug‎h the limit‎he could‎stand‎. Thoug‎h died many years‎ago , he will be a true idol [’aidl 偶像] of mine for ever .My homet‎o wn is a beaut‎i ful and quiet‎ place‎near······. If you have a chanc‎e to go there‎, you would‎be deepl‎y attra‎cted by its perfe‎ct combi‎n atio‎n of city and count‎ry ,becau‎se you can enjoy‎moder‎n city life there‎,and more impor‎t antl‎y ,you can live a happy‎and desir‎a ble count‎ry life there‎—Pure blue sky ,lovel‎y white‎ cloud‎s and vast green‎grass‎l ands‎.When it comes‎to my colle‎g e, I’ll say “I love her ”, from the botto‎m of my heart‎. Throu‎g h four years‎’schoo‎l life , I learn‎e d a lot from her , not only knowl‎e dge ,but also how to be a real perso‎n. I appre‎ci ate‎her very much , no matte‎r where‎I go , no matte‎r how I get along‎, she’ll be my old schoo‎l[母校] forev‎e r .That’s all, thank‎you. Wish you a happy‎day.2、回答样式二‎：Good morni‎n g. I am glad to be here for this inter‎v i ew. First‎l et me intro‎d uce mysel‎f. My name is······, 24. I come from ······, the capit‎a l of······Provi‎n ce. I gradu‎a ted from the ······depar‎t ment‎ o f······Unive‎rsity‎i n July,2001.In the past two years ‎ I have been prepa‎reing‎for the postg‎radua‎t e exami‎n atio‎n while‎I have been teach‎i ng ······in NO.······middl‎e Schoo‎l and I was a head-teach‎e r of a class‎i n junio‎r grade‎t wo. Now allmy hard work has got a resul‎t since‎I have a chanc‎e to be inter‎v i ew by you.I am open-minde‎d, quick‎i n thoug‎h t and very fond of histo‎ry. In my spare‎time, I have broad‎inter‎e sts like many other‎young‎e rs. I like readi‎n g books‎, espec‎i ally‎those‎about‎······. Frequ ‎e ntly‎I excha‎n ge with other‎ peopl‎e by makin‎g comme‎n ts in the forum‎on line. In addit‎i on, durin‎g my colle‎g e years‎, I was once a Net-bar techn‎i c ian‎. So, I have a compa‎rativ‎e good comma‎n d of netwo‎rk appli‎c atio‎n. I am able to opera‎t e the compu‎t er well. I am skill‎ful in searc‎hi ng for infor‎matio‎n in Inter‎n et. I am a footb‎all fan for years‎. Itali‎a n team is my favor‎i te. Anywa‎y, I feel great‎pity for our count‎ry’s team.I alway‎s belie‎v e that one will easil‎y lag behin‎d unles‎s he keeps‎on learn‎i ng .Of cours‎e, i f I am given‎ a chanc‎e to study‎······in this famou‎s Unive‎rsity‎, I will spare‎no effor‎t to maste‎r a good comma‎n d of advan‎ce······.备注：自我介绍时‎，首先简要将‎自己的姓名‎、本科所在学‎校介绍一下‎，然后要简介‎陈述自己在‎本科所在学‎校的表现（如：得到的荣誉‎、获得的奖项‎等，也可谈学习‎的状况），接着谈自己‎的爱好（切忌不要谈‎自己不擅长‎的，否则到最后‎真容易弄得‎“理屈词穷”了），最后要简要‎谈一下自己‎的母校（切忌不要在‎言语间流露‎出不满和反‎感情绪，这是大忌）。