法律英语期末考试(整理)

西南科大法律英语期末考试问答形式卷第一课Introduction1. What is the definition of contracts?2. For a contract to be enforceable, what are the requirements?3. If someone is sued for breach of contract, what are the possible defenses he4. Explain the concept of capacity in contract law.第二课Performance and Non-PerformanceWhat problems often arise in the performance stage of a contract?2. What are the excuses of non-performance?3. What constitutes a waiver and what are its legal consequences?4. When is a contractual relationship terminated?第三课Contract Remedies and Computation of Damages1. How is expectation interest measured?2. What is reliance interest?3. What is restitution interest? In what way is it different from expectation interest?4. What purpose do nominal damages serve?5. Under what circumstances are consequential damages awarded?6. Under what circumstances are punitive damages awarded?第四课Rights of Third Parties1. Explain the differences between an intended beneficiary and incidental beneficiary.2. What is the usual attitude of the court to anti-assignment clauses in the contract?3. What is a delegation? What makes effective delegation?4. What duties are delegable?5. When is the duty of delegating party discharge?6. What is novation?第五课Sales Contracts1. What are the basic obligations of the parties in a sale?2. What purpose does a documentary exchange serve?3. What is the nature of a bill of lading?4. What are the rights of buyer?第六课The Trial1.What will the plaintiff’s lawyer say in the opening statement?2.What is a motion for directed verdict? When can it be made?3. What is the role of the judge during the examination of the witnesses?4. What are the contents of jury instruction?5. What if the jury or the required number of jurors are unable to agree?第七课Judgment, Enforcement, and Appeal1. What form will the judgment take if the plaintiff wins the case?2. What can the plaintiff do to ensure recovery from the defendant if he wins the case?3. What is the general policy of the Supreme Court of the UnitedStates in selecting cases for review?4. What are the general principles concerning the scope of review? Under what circumstances will the appellate court reverse the findings of fact of the trial court?第八课Criminal Process1. E xplain the principle of “no crime without law”.2. W hat is meant by “inherent inequality” in criminal cases?3. Why do most of the defendants plead guilty before court?4. What is the standard of evidence for a finding of guilty? How about the standard of evidence for a finding of liability in civil cases?第九课The Institutions of Government1. What is a constitution?2. What is the basic content of the U.S Constitution?3. What are the primary powers of the President of U.S ?4. What are the primary powers of the U.S Congress?5. How many justices are there in the Supreme Court? How do they become justices?第十课Separation of Powers1. Describe how power is separated and at the same time shared between the president and the congress.2. How does the constitution ensure the independence of the judiciary?3. In what ways is the judiciary subject to the control of the congress and the president?4. Comment on the significance of Marbury v.Madison.。

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 2A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution( )11. Laws or written rules which are passed by Parliament and implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, and adjudicating 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 carrying laws 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 marriage during a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.( )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 to an incompetent person's station in life, yet not available or provided by 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 other than 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.。

商业转让巧Agreement made this _________ day of __________ , 20— by and between ________________ and _________________ (doing business as _____________ ) of ______________ (hereinafter referred to as Seller) and _________ (hereinafter referred to as the "Buyer”).本协议由_____________ (以下简称卖方)和____________ (以下简称“买方")就从事■■商务活动于20■■年■■月・・日订立。

Whereas the Seller desires to sell and the Buyer desires to buy the business of a certain _____ now being operated at _ and known as ___________________ and all assets thereof as contained in Schedule n A H attached hereto, the parties hereto agree and covenant as follows:译:鉴于，以本协议附表A中规定的一定的现在正在■■运行并称为________________ 的购买对价，卖方希望向买方出售而买方希望从卖方购买________________ 本协议双方达成协议如下：1.The total purchase price for all fixtures, furnishings and equipment is $ ____ d ollars payable asfollows:译:所有灯具，家具和设备总购买价格为—美元应缴如下(a)$ ________ paid in cash; certified or bank checks, as a deposit upon execution of thisAgreement, to be held by _________ .译: _________ 美元由现金，保付支票或银行支票支付，作为本协议的执行保证金，由__________ 持有。

法律口译期末考试题及答案一、选择题（每题2分，共20分）1. 法律口译中，以下哪个词的翻译最需要谨慎处理？A. 权利B. 义务C. 责任D. 以上都是2. 口译员在翻译法律文件时，应遵循以下哪项原则？A. 逐字翻译B. 意译C. 直译D. 同声传译3. 在法律口译中，"due process"最恰当的翻译是什么？A. 适当程序B. 法定程序C. 正当程序D. 程序公正4. 法律口译员在翻译合同时，最应避免的是什么？A. 遗漏关键条款B. 增加额外内容C. 改变合同原意D. 以上都是5. 以下哪个术语在法律口译中通常不涉及？A. 证人B. 原告C. 被告D. 会计答案：1. D2. C3. C4. D5. D二、填空题（每空2分，共20分）6. 在法律口译中，"plaintiff"通常翻译为________。

7. "Statute of limitations"在法律上指的是________。

8. "Affidavit"是指________。

9. 法律口译员在翻译时，应保持________，确保信息的准确传达。

10. 在法庭口译中，口译员应避免________，以免影响法庭的公正性。

答案：6. 原告7. 时效法规8. 宣誓书9. 中立性10. 表达个人观点三、简答题（每题10分，共30分）11. 简述法律口译员在法庭口译中的职责。

12. 解释“法律术语的准确性”在口译中的重要性。

13. 描述法律口译员在处理跨文化差异时应注意的事项。

答案：11. 法律口译员在法庭口译中的职责包括准确无误地传达法庭上各方的发言，保持中立，不得添加或遗漏信息，确保法庭程序的顺利进行。

12. “法律术语的准确性”在口译中至关重要，因为法律术语通常具有特定的含义和法律效力，错误的翻译可能导致法律误解，影响案件的判决。

13. 法律口译员在处理跨文化差异时应注意尊重各方的文化背景，避免文化偏见，正确理解不同文化中的法律概念，并准确传达给法庭。

法律英语期末考试句子翻译UNIT ONE CONTRACT LAWSection A Understanding of Contract1.They claim that the definition of the American Restatement ignores the bargain—the exchange of equivalents which is the essence of a contract.法学家们声称《美国合同法重述》忽略了契约的本质，即等价交换是合同的本质。

2.Thus to say that a contract can simply be ―a promise‖ is to overlook the fact that there is ge nerally some act or promise given in return for the other promise before that promise becomes a contract.因此说合同是一个承诺就忽略了一个事实，即在承诺成为一个合同之前，通常有一些行为或承诺是为了其他承诺做出的。

3.These scholars also argue that all the definitions in terms of promises or agreements presuppose that people only enter into contractual relations after they have made some agreement or promise. 这些学者还是对这些定义持不同观点，他们认为依据合同承诺或契约所作解释的先决条件是当事人业已达成协议或承诺之后构成了合同关系。

4.One is that a person who induces another to rely upon him and change his position, ought not to let that person down, and the other is that a person who does a service to another or renders him some benefit, ought generally to be recompensed for his trouble.一种观点是诱导他人依赖于他，并促使其改变立场的人，不应该让人失望。

法律英语_南京审计大学中国大学mooc课后章节答案期末考试题库2023年1.下列选项中表达为“执法”的选项是答案:law enforcement2.practice law应翻译为答案:律师执业3.Contributory negligence应翻译为答案:共同过失4.An intentional killing upon “great provocation” and in the heat of “passion ”这句话是对下列哪一选项的定义答案:voluntary manslaughter5. A _______ is the party who initiates a civil lawsuit before a court.为空格处选出最恰当的选项答案:plaintiff6.An ________ is proposal by one person to another indicating an intention toenter into a contract under specified terms.为空格处选出最恰当的选项答案:offer7. A ____________ is usually between two companies in the same business sector.为空格处选出最恰当的选项答案:horizontal merger8.海上货物运输中的提单应被译为答案:bill of lading9.What are the advantages of Stare Decisis?答案:It offers a high degree of predictability of decision.It puts a rein on the nature proclivity of judges.10.“聘请律师”在英语中可以表达为答案:retain a counselengage an attorney11.Select intangible properties from following options答案:franchisesintellectual propertystocks12.What are the factors of a sentence that should be considered by a judge or ajury?答案:the defendant’s criminal recordthe nature of the crime itselfthe amount of loss or damage caused by the defendantwhether the defendant has expressed regret for the crime13.What are the types of remedies for breach of a contract?答案:damagesliquidated damagesspecific performance。

法律英语必背单词第一章法律制度Civil Law：民法Economic Law：经济法Legal system：法律制度；法律体系；法系American’s youth：美国建国初期Fifty States：50个州（美国是个联邦制国家，每个州都是一个相对独立的实体，有着自己的宪法和政府组织，因此把state理解成邦国更为准确）The reports of the United States Supreme Court：联邦最高法院判例汇编Stout volumes：巨册Overarching：贯穿始终的National characteristics：民族特性Binding interpretation：有约束力的法律解释Common law：普通法（它是统一适用于整个国家，效力优先于地方习惯法的法律，因此理解成共同法更为准确）Itinerant judges of the English royal court：英国皇家法院的巡回法官Writ：令状Provisions of Oxford：牛津条例（从贵族会议中推选出的24人委员会为限制亨利三世的权力而在1258年制定的一部带有宪法性质的法律）Writ upon the case：本案令状Ex aequo et bono：公平且善良Court of Chancery：衡平法院Maxims：法则Compensatory damage：金钱赔偿Judicial acceptance：司法接纳（即，通过判例法的方式接受）第二章法律职业Legal profession：法律职业The bar：法律职业Multistate Bar Exam：律师资格考试Substantial fraction：大多数Lawyer：律师Attorney：律师Attorney-at-law：律师Counsellor：律师Counsellor-at-law：律师Retain：雇用Practice law：从事律师业务Harlan Fiske Stone：哈兰·菲斯克·斯通，1941年担任最高法院首席大法官Chief Justice：首席大法官Barristers and solicitors：诉讼律师和非诉律师。

1.管辖归州管辖This case is about criminal matter(contract matter/torts/family law issues/ education issues), and this matter belong to the sovereignty of the state court system. Certain powers reserve to the state, certain power reserve to the federal. State matters include criminal, torts, contract, family law issues, education issues. These matters all belong to the sovereignty of states.The states courts hear the over whelming majority of criminal and civil cases. State trial courts initially hear civil and criminal cases. (州法院管辖大部分)Along with certain federal crimes (such as terrorism or drug trafficking across state lines), federal courts hear non-criminal or civil cases only if they are premised on a question about the meaning of a federal statute or application of the constitution; if the parties are citizens from different state, or if one is a citizen of a foreign country, and more than $7500 is at stake; or if the federal government itself is a party to a suit. In accordance with the provisions of the constitution, the federal courts have jurisdiction only when they are conferred on by law.（法律有规定的才归联邦法院管辖）The trial courts are the entry level courts where cases are first filed. The appellate courts are the second level of courts. A party who loses at the trial court level may appeal the judgment to the appellate court. The Supreme Court’s jurisdiction limited to that state’s appeals courts. The supreme courts are the highest and final courts. The only exception to this rule of finality is when a state Supreme Court opinion interprets the meaning of a federal law or the federal constitution. The United States Supreme Court, as the final authority on the meaning of federal law, may accept an appeal of such decision. (州法院间的流转)又因为上诉，涉及到宪法权利，比如修正案4，6，所以归联邦管辖。

法律英语期末考试自测题 出题人：姚舒扬，徐君楷 审题人：王琦

Part 1 Legal Term Translation 1. class action 2. circumstantial evidence 3. burden of proof 4. comparative negligence

5. civil wrong 6. compensatory damages 7. “but for” test 8. sustain a loss

Part 2 Reading Comprehension 1. If it is necessary to give “tort” a definition, it will have to be something in the nature of these things below EXCEPT: A. a civil wrong B. in violation of a duty imposed by law C. a person’s conduct causes a compensable injury D. tortfeasors’ intentionally bringing harm to others

2. Which of the following is not the function or goal of Tort law? A. compensation B. justice C. prevention of future costs D. regulation

3. Tortfeasor is required to pay the victim compensatory damages, which is . A. the basic tort remedy B. the justification of torts C. the basic cost D. the purpose of torts

法律专业英语试题及答案一、选择题（每题2分，共20分）1. Which of the following is NOT a source of law?A. StatutesB. Case lawC. CustomsD. Fiction答案：D2. What is the term for a legal document that sets out the terms and conditions of a contract?A. AgreementB. ContractC. DeedD. Covenant答案：B3. Which of the following is NOT a type of tort?A. NegligenceB. TrespassC. Breach of contractD. Defamation答案：C4. What is the term for a person who is legally responsible for the actions of another?A. PrincipalB. AgentC. GuarantorD. Executor答案：C5. What is the term for a legal proceeding in which the parties present their arguments before a judge or a panel of judges?A. LitigationB. ArbitrationC. MediationD. Negotiation答案：A6. What is the term for a document that grants a person the right to act on behalf of another?A. Power of attorneyB. Letter of intentC. Memorandum of understandingD. Escrow agreement答案：A7. Which of the following is NOT a fundamental principle of contract law?A. Offer and acceptanceB. ConsiderationC. CapacityD. Confidentiality答案：D8. What is the term for a legal system that is based on written laws rather than on customs or judicial decisions?A. Civil lawB. Common lawC. Statutory lawD. Equity答案：A9. What is the term for a legal document that provides evidence of a debt, including the amount owed and the terms of repayment?A. Promissory noteB. InvoiceC. Bill of saleD. Warrant答案：A10. What is the term for a legal proceeding in which a person is accused of a crime and tried in a court of law?A. LitigationB. TrialC. HearingD. Arbitration答案：B二、填空题（每题2分，共20分）11. The principle of _______ states that a person cannot be a judge in his own cause.答案：nemo iudex in causa sua12. The _______ doctrine allows for the enforcement of a contract even if it is not in writing.答案：promissory estoppel13. A _______ is a legal document that transfers ownership of property from one person to another.答案：deed14. The _______ is the highest court in the United States.答案：Supreme Court15. A _______ is a person who has been granted the right to vote.答案：voter16. The _______ is the branch of government that is responsible for enforcing laws.答案：executive branch17. A _______ is a formal written statement of a legal claim or defense.答案：pleading18. The _______ is a legal system that is based on the principles of fairness and justice rather than strict legal rules.答案：equity19. A _______ is a legal proceeding in which a dispute is settled bya neutral third party.答案：arbitration20. A _______ is a legal document that outlines the terms and conditions of employment between an employer and an employee.答案：employment contract三、阅读理解题（每题5分，共30分）阅读以下法律文件摘要，并回答问题。