法律英语试题
集团文件版本号：（M928-T898-M248-WU2669-I2896-DQ586-M1988）
广东外语外贸大学国际商务英语学院
“法律英语”2005-2006学年下学期期末考试试卷（A）
考核对象：法律英语系（2004级） 考试时间：2小时
班级： 学号： 姓名： 分数：
PartⅠMatch the words and phrases in Column A with the
corresponding definitions or relevant information in Column B.
(10%)
A B
a. assumpsit 1. the addition of labor to the chattel of
another, without the latter’s consent,
which so changes the chattel that the title to
it is transferred to the laborer
b. chattel 2. a writ form a higher court to a lower one
requesting a transcript of the proceedings of a
case for review
c. amicus
curiae 3. a legal action to enforce or recover damages
for breach of a simple contract
d. verdict 4. a court order prohibiting a party from a
specific course of action
e. accession 5. an article of personal, movable property
f. injunction 6. to file an indictment with the court before an
accused stands trial
g. acquittal 7. friend of the court
h. grand jury 8. the deliberate, willful giving of false,
misleading, or incomplete testimony under oath
i. certiorari 9. the final decision of a jury concerning a
matter of fact submitted to it by the court for
determination
j. unilateral 10. one party’s major evidence and arguments
contract
k. tort 11. the state of being found or proved not guilty
l. mala in se 12. the unlawful appropriation of another’s
property
m. case-in-chief 13. a civil wrong other than a breach of contract
or a breach of trust
n. perjury 14. a promise is exchanged for an act of
performance
o. conversion 15. actions that are intrinsically immoral
p. petit jury 16.a written statement charging a party with the
commission of a crime or other offense, drawn
up by a prosecuting attorney and found and
presented by a grand jury .
q. trust 17.a system whereby the defense can challenge up
to 3 jurors without giving any reasons.
r.peremptory
challenge 18.consisting of twelve citizens duly qualified
to serve on juries, impaneled and sworn to try
one or more issues of facts submitted to them
and to give a judgment respecting the same,
which is called a verdict.
s. hung jury 19.the confidence reposed in a trustee when
giving the trustee legal title to property to
administer for another, together with the
trustee's obligation regarding that property
and the beneficiary
t. indictment 20.a jury which is unable to reach a verdict
Part II Translate the following sentences and paragraphs. (30%)
1. (5%) The term "Information" does not include any information
which at the time of disclosure or thereafter is (i)
generally available to or known by the public (other than as
a result of its disclosure by A Company or its
Representatives), (ii) available to A Company on a non-confidential basis from a source other than the Company or
its advisors, or (iii) independently acquired or developed by
A Company without violating any of its obligations under this
Agreement.
2. (5%) “Tort” is an elusive concept. It has defied a number
of attempts to formulate a useful definition. The dilemma is
that any definition which is sufficiently comprehensive to
encompass all torts is so general as to be almost meaningless.
The one common element of all torts is that someone has
sustained a loss or harm as the result of some act or
failure to act by another. Virtually all of the infinitely
diverse forms of human activity—driving a vehicle, engaging
in business, speaking, writing, owning and using real or
personal property—may be a source of harm and therefore of
tort liability. This diversity of conduct resists broad
generalizations, and so does the tort liability on which it
is based.
3. (5%) This Agreement is drawn up in English and translated
into Chinese. Each Party acknowledges that notwithstanding
the Chinese translation of this Agreement which is also
signed by the Parties, in the event there is a conflict,
inconsistency or discrepancy between the Chinese and English
text, the latter shall prevail.
4. (3%) 一名成功的出庭律师能够迅速地在行业中脱颖而出，并经司法大臣任命成为皇家律师。
5. (4%)本协议应受纽约州法律管辖，幷按照纽约州法律进行解释。A公司在本协议项下的义务应于本协议签署之日起的两年后解除。
6. (4%)如对以上判决不服，可在收到本判决书后次日至第10日期间直接或通过本庭上诉至最高人民法院。书面申请上诉的，上诉人必须提供上诉书原件一份，复印件二份。
7. (4%) 这是一起原告提起的、对撤销其对被告的盗窃控告的判决的上诉案。受理后，本庭依法组成了合议庭，公开审判本案，现审理完毕。
Part III
Instructions: In this part of the test, there are 15 questions,
all of which are chosen from the texts we have covered in this
semester. You are required to choose ONLY 10 out of these 15
questions. Write your brief answers on the ANSWER SHEET. (30%)
Unit 9
Questions about Text I The Legal Profession in England
1. How does a barrister’s job differ from a solicitor’s?
Questions about Text II The Bar in the United States
