法律英语期末复习资料
一、定义
1、Legal English: is the type of English as used in legal writing. It has been
referred to as a “language for special purposes” ,as legal English differs from ordinary language in vocabulary ,morphology ,syntax ,and semantics ,as well as other linguistic.
2、Legal assistant: another term for paralegal.
3、Legal technician: a term used to describe a nonattorney who is
authorized to engage in a limited practice of law.
4、Precedent: the example set by the decision of an earlier court for similar
cases or similar legal questions that arise in later cases.
5、Stare decisis: ”it stands decided”; another terms for precedent.
6、Bar-examination: an examination administered by a state that tests an
individual’s knowledge of the law and is a prerequisite to being allowed to practice law.
7、Federalism: a system of government in which the people are regulated
by both federal and state governments.
8、Exclusive jurisdiction: when the power to regulate an area belongs
solely or exclusively to either the federal or state government, we say that the government has exclusive jurisdiction.
9、Concurrent jurisdiction: when both the federal and state governments
have the right to regulated an area, those governments have concurrent jurisdiction: eg. income tax; crime.
10、Supremacy clause: the clause in the U.S. Constitution making the
Constitution and the laws of the United States the supreme law of the land.
11、Jurisdiction: the power or authority to act in certain situation; the power
of a court to hear cases and render judgments.
12、Original jurisdiction: the power of first hear a case; court of original
jurisdiction is where trial takes place.
13、Trial: the open-court process where all parties present evidence,
question witnesses, and generally put their case before the court.
14、Appellate jurisdiction: the power of a court to review what happened in a
lower court.
15、Bicameral(+NO.16): a term that describes a legislature consisting of two
houses.
16、Separation of powers: the constitutional doctrine that each of the three
branches of government has separate and distinct powers.
17、Judicial review: the power of the courts to review statutory law to
determine of the law is constitutional. (ppt：this power gives the courts the right to review legislative enactments and to determine if any law is inconsistent with the constitution is unenforceable)
18、Freedom of speech: by allowing citizens to speak out freely about
important issues and political leaders, this right plays a vital role in shaping U.S.
19、Interstate commerce: transactions that take place between two or more
states that have an economic impact.
20、Rational basis test: a test used by the courts when examining the
constitutionality of a law; requires that the law have a reasonable connection to a legitimate state purpose. (ppt：any law interfering with these rights must be reasonably related to legitimate state interest.) 21、Free exercise clause: the clause in the first amendment that prohibits
government from enacting any law that interferes with any person’s right to freely practice a religion.
22、Establishment clause: the clause in the first amendment that prohibits
government from enacting any law that results in the establishment of a religion.
23、Checks and balances: the constitutional doctrine that each of the three
branches of government operates as a check on the power of the other branches.
24、Substantive due process: a requirement of the Fifth and Fourteenth
Amendments that governments not enact laws that deprive a person of life, liberty, or property unless the laws serve a legitimate purpose and are either related to or necessary to achieving that purpose.
25、Procedural due process: a requirement of the Fifth and Fourteenth
Amendments that, unless special circumstances exist, government not deprive a person of life, liberty, or property without notice and the opportunity for a fair hearing.
26、Bill of rights: a list of citizen basic rights. the first ten amendments to the
constitution.
27、Sources of law: places when laws are found.
28、Constitution: a document whose primary purpose is to establish a
government and define its powers.
29、Common law: a body of law developed through the courts.
30、Bill: proposed legislation. (ppt：in our federal system, just as in any state
system, proposed legislation can be drafted by a member of Congress or by any interested individual or group. when drafted, the proposal is known as a bill.)
二、简答、论述
1、法律英语的类型（适用的场合）
（a）academic legal writing as in law journals
（b）juridical legal writing as in court judgments, and
（c）legislative legal writing as in laws, regulations, contracts, and treaties.
Another variety is the language used by lawyers to communicate with clients requiring a more “reader-friendly”style of written communication than that used with law professionals.
Including: legal documents: contracts / licenses,etc.; court pleadings: summonses/briefs/judgments , etc.;
Laws: Acts of Parliament and subordinate legislation/case reports; legal correspondence;
2、法律英语特点
1 use of terms of art
2 These terms of art include ordinary words used with special meanings
3 use of doublets and triplets
4 unusual word order
5 use of pronominal adverbs
6 use of phrasal verbs
3、Common law的三种定义
A. Common law as opposed to statutory law and regulatory law(成文法)
B. Common law legal systems as opposed to civil law legal system
C. Law as opposed to equity(衡平法)
4、Common law特点
https://www.doczj.com/doc/e44119103.html,mon law is generally uncodified. that the judicial decisions have already been made in similar cases.
2.It is largely based on precedents.
3.I t is determined by the presiding judge.
4.It is an adversarial system.
5.A jury of ordinary people without legal training decides on the facts of the case.
The judge then determines the appropriate sentence based on the jury's verdict.
5、如何成为律师
1、bachelor degree of other subject (4 years)
2、master of law (3 years)
3、pass the BAR exam
6、律师的职业范围
The career as an attorney
1.Can work in privately owned law firm (different forms).
2.Can works for local, state or federal government.
3.Can work in legal departments of corporation or insurance.
7、律师必备的基本技能
1、Oral and written communication skills
2、Research skills
3、Critical thinking and analytical skills
4、Organizational skills
5、General office and computer skills
6、Paralegals must have a basic knowledge of the legal system, substantive
7、law, and legal procedures.
8、Ethical Responsibilities of Paralegals道德责任的律师助理（禁区）Paralegals cannot engage in the unauthorized practice of law. They cannot appear in court or give legal advice. However, under the supervision of an attorney, they can perform many tasks often done by lawyers, such as interviewing clients, drafting legal documents, and doing legal research.
律师助理不能从事未经授权的法律实践。他们不能出庭或提供法律建议。然而，在律师的监督下，他们可以完成许多由律师完成的任务，比如面试客户、起草法律文件和进行法律研究。
9.律师助理职业与独立律师助理的区别
（1）The Paralegal Profession：means an individual whose training and education enables him or her to assist lawyers by performing certain legal tasks that traditionally have been done by lawyers.
（2）Independence Paralegals：they prefer the benefits of self-employment. In some instances they work as independent contractors, offering their services to different attorneys for specific legal projects.
The other type who offer their services directly to the public presents serious ethical and legal questions.
10、如何任命法官
Supreme Court justices are appointed (or given their positions by people who work in politics). First they are nominated, which is when the president selects or picks them and says that this is the person who should get the job. Then they are rejected or accepted by the U.S. Senate. Justices are not rejected very often. The leader of these nine justices is called the Chief Justice; the other eight are called Associate Justices.
When justices are confirmed (or approved), then they are appointed for life. Because the justices serve (or work in this public job) for life, the Supreme
Court has a very low turnover rate. the Supreme Court has a lot of continuity (or consistency over time)
The Chief Justice has all the same responsibilities as the Associate Justices for hearing cases (or listening to lawsuits and stating a legal opinion). However, the Chief Justice also has many other responsibilities.
When the nine justices of the Supreme Court discuss (or talk about) cases, the Chief Justice must lead the discussion. The Chief Justice speaks first, and this gives him or her the power to influence (or affect) the discussion. The Chief Justice also makes the agenda (or plan for what will be discussed) for each weekly meeting where the justices decide which cases they are going to hear.
When the U.S. president is inaugurated (or first begins working as the president), the Chief Justice states the oath (or promises that are made before entering a public office) that the new president must repeat. The Chief Justice also must preside over (or lead) impeachment trials for the U.S. president.
11、legal community
The legal community includes several groups. The first group, it includes individuals who work for the law office. One part of them is the attorney, they can work in privately owned law firm, they can works for local, state or federal government, and they can work in legal departments of corporation or insurance. One part of them is the paralegal. Paralegals, or legal assistants, who work in law offices assist attorneys in performing legal tasks such as drafting documents, doing legal research ,and interviewing clients. Other paralegals work independently, either for attorneys or sometimes for members of the public. Another part of them are legal secretaries, law clerks, case assistants, case clerks, and document coders. All of these individuals in law office form a team for the rendering of legal services.
The second group, it includes individuals who work for the courts: judges, magistrates（地方法官），commissioners（委员），referees（裁判），court clerks （书记员），court reporters（书记官），and bailiffs or court deputies.
The last group, it includes many government agencies.
All three groups of the legal community are bound by various ethical standards. They must maintain confidentiality（保密）, act competently（胜任地），follow rules concerning attorney fees, keep client funds in a trust account, avoid conflicts of interest, communicate through attorneys, and act diligently （勤勉地）in representing clients.
12.律师的基本执业操守
various ethical standards
1、maintain confidentiality
2、act competently
3、follow rules concerning attorney fees
4、keep client funds in a trust account
5、avoid conflicts of interest
6、communicate through attorneys
7、act diligently in representing clients
13、律师和助理之间区别
1.To be an attorney requires three Preconditions: four years bachelor learning, three years law school learning and passing the bar examination.
Paralegals need to have a basic knowledge of the legal system, substantive laws, and legal procedures.
2.The career as an attorney can work in privately owned law firm (different forms), can work for local, state or federal government and can work in legal departments of corporation or insurance.
Paralegals can work under the supervision of attorneys either in private law offices, government law offices, or in the legal departments of corporations or other businesses.
3.Ethical responsibilities of paralegals
Paralegals cannot engage in the unauthorized practice of law, they cannot appear in court or give legal advice, while attorney can.
However, under the supervision of an attorney ,they can perform many tasks often done by lawyers, such as interviewing clients, drafting legal documents, and doing legal research.
14、美国联邦制的特点
Federalism: A system of government in which the people are regulated by both federal and state governments.
Characteristics:
1.The federal government has limited power over all fifty states.
2.State governments have power only within their state boundaries. These powers are also limited in sense that states cannot make laws that conflict of the federal government.
15、中央政府权力
Powers of federal government
All the branches of the federal government derive their power from the Constitution, which gives the legislature the right to make laws , but limits this power.
Interstate commerce can be regulated by federal government.
The federal government has the power to make all laws that are necessary and proper for executing any of the stated powers.
One of the powers of federal government is to print money or to make the bills and coins.
The federal government can declare war .
The federal government can create an army.
The federal government can make treaties.
16.Powers of the state government 美国地方政府权力
1.Art.10 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.
2.The state governments have very broad powers to make laws that apply within the state boundaries. They cannot, however, make laws that conflict with federal laws in areas that are preempted by the federal government.
3.States have the power to provide schooling and education.
4.states also have the power to protection for the people who live there and they do this by having state police forces.
5.Each of the fifty states are also responsible for providing safety for the people who live there.
6.Driver’s licenses are under the domain of the states. Each state can decide who is al lowed to get a driver’s license, and those driver’s licenses look different in each stats.
7.Individual states have the power to approve zoning and land use, or the rules for what kinds of things the land can be used for, such as for housing ,business ,or parks.
17、美国的权利分支
The Federal Government and the Legal System
(1) Executive Branch: consists of the president and the president’s cabinet. I t also consists of the various law enforcement or police agencies. The primary responsibility of this branch is the execution and enforcement of the laws. (2) Legislative Branch: consists of the House of Representatives and Senate. Representatives and senators are elected by citizens of the district and state which they represent. The primary responsibility of this branch is to make laws. The laws that it makes are called statutes or codes.
(3) Judicial Branch: consists of the various federal courts. The role of the judicial branch is to apply or interpret the laws in relationship to actual cases.
18、What is meant by the terms separation of powers and checks and balances （1）U.S. government is organized into three branches: U.S. government is organized into three branches: the legislative branch, the executive branch and the judicial branch. The legislative branch makes laws, the judicial branch interprets them, and the executive branch enforces them. By limiting the powers of the various branches in this way, the Constitution guarantees that no one branch gains too much power。
（2）The people who created the U.S. government wanted a way to make sure that no one branch (or part) of the government becomes too powerful. They built a system of checks and balances, also known as a separation of powers, into the Constitution.
We can find one example of checks and balances in the United States’
process for making laws. Congress, or the legislative branch, is responsible for making and passing (or approving) laws. But what if Congress writes and passes a law that is unconstitutional (or that doesn’t follow the Constitution), such as a law that says that Americans no longer have freedom of speech? If a law like this were passed, the President as part of the executive branch could veto (or cancel) the law. Another way to stop this law would be for the Supreme Court, part of the judicial branch, to say that it is against the Constitution, using its power of judicial review (or the power to overturn or undo laws passed by Congress). In this example, you can see that when one branch tries to do something that does not follow the Constitution, one or both of the other branches can stop that from happening.
Another good example of the separation of powers is the process by which a person becomes a Supreme Court justice (or a judge on the Supreme Court, the most powerful court in the U.S.). A prospective (or potential or possible) Justice is first appointed (or chosen) by the president. Congress must then approve of this appointment by getting a majority vote, which means that more than 50% of Congress must vote “yes” for the prospective judge. After receiving approval from Congress, the justice serves a life term (or for the rest of his or her life) on the Supreme Court. As a Supreme Court judge, he or she can make decisions based on what the Constitution says, without worrying about what Congress or the President think. This way, the Justice can help overturn a law passed by Congress or decide that one of the president’s actions does not follow the law, without worrying about losing his or her job! 19、法律渊源
direct:
1.Constitutional Law
2.Statutory Law
3.Administrative Regulations and rules
4.Case Law
20、联邦宪法的功能
The Federal Constitution serves two functions with respect to law: first, it establishes the power and limits of the federal government to make other laws. Second, the Constitution contains various rules or laws. Many of these are found in the various amendments to the Constitution, including the Bill of Rights. Several of them deal with rights that criminal defendants have.
21、美国的判例制度
Stare decisis means “It stands decided.”It requires courts to follow decisions of higher courts when faced with similar factual disputes. Once the Supreme Court decides an issue, all lower courts must follow its decision.
The concept of stare decisis is limited in two main ways.
First, the concept applies only between higher and lower courts.
Second, the concept applies only to decisions within the legal system from
which they came.
On the other hand, if a federal question is involved, then the decisions of the federal courts of appeals and the U.S. Supreme Courts are binding on state courts.
22、联邦政府的立法程序
Legislation proposed→Bill introduced→Bill referred to commit t ee→Bill voted on by legislato rs→Action by other house→Executive options
Legislation proposed--It can be drafted by a member of Congress or by any interested individual or group . When drafted, the proposal is known as a bill. Bill introduced--Before Congress acts on any proposed legislation, it must be introduced and sponsored by a member of Congress.
Bill referred to committee--After a bill is introduced, it is referred to appropriate committee for consideration.
Bill voted on by legislators--Once a report is issued, the bill is considered by the whole house and voted upon. If it receives a majority vote of approval, it is passed and sent to the other house.
Action by other house--When referred to the other house, the bill goes through the same process again. If the bill is amended or changed, a joint committee from both houses normally convenes and agrees on a single bill. Executive options--The president has the power to sign the bill or to veto the proposed legislation. The president has four options：1 signature 2 to pass 3 to veto 4 pocket veto.
23、言论自由
By allowing citizens to speak out freely about important issues and political leaders , this right plays a vital role in shaping U.S. government and its political system.
This right is not limited to the political arena .
It extends to other areas including artistic and literary works .
It also extends to conduct that expresses ideas.
Although the constitution includes no express limitation to this right , the supreme court held that limits must apply , when it injures others.
24.宪法性法律的来源
Constitutional code
Constitutional case
Constitutional amendment
25.合宪性审查
The federal government consists of three branches that operate on a philosophy of separation of powers or checks and balances.An important power of the judicial branch is the power to review and invalidate laws of Congress that are inconsistent with Constitution. This is known as the power of
judicial review.
26、权利法案前十条
1、The first amendment protects freedoms of religion, speech, press, assembly and petition.
2、The second amendment protects the right to keep and bear arms.
3、The third amendment prohibit soldier from occupy house without consent of owner.
4、The fourth amendment protect the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
5、The fifth amendment prohibit government from depriving a person of life, liberty, or property without due process and just compensation.
6、7、The sixth and seventh amendment protect the right to attorney and jury trial.
8、The eighth amendment protect people from excessive bail, fine, cruel and unusual punishments
9、The ninth amendment make it clear that Americans do retain other right ,although these are not expressly enumerated.
10、The tenth amendment affirm that 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.
27.美国宪法第一修正案的内容
The First Amendment guarantees freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and the right to petition the government.
28.美国宪法的目的和功能
What does the Constitution do?(purpose:)
1.It sets up the government.
2.It defines the government.
3.It protects the basic rights of Americans.
function:
The Federal Constitution serves two functions with respect to law: first, it establishes the power and limits of the federal government to make other laws. Second, the Constitution contains various rules or laws. Many of these are found in the various amendments to the Constitution, including the Bill of Rights. Several of them deal with rights that criminal defendants have.
29、common law下如何创制法律
U.S. law is based primarily on English common law, a system in which laws were developed through the courts and through case decisions. The common law was based on the concept of precedent or stare decisis.
According to it, until a factual dispute arose and was resolved in the courts, there was no rule or law that controlled. When parties had a legal problem, their dispute was presented to a judge, who decided the case. The decision became precedent.
That is, if the same factual dispute were later presented to another court, the judge would decide it the same way the first judge did. Stare decisis means “It stands decided.” It requires courts to follow decisions of higher courts when faced with similar factual disputes. Once the Supreme Court decides an issue, all lower courts must follow its decision.
The concept of stare decisis is limited in two main ways.
First, the concept applies only between higher and lower courts.
Second, the concept applies only to decisions within the legal system from which they came.
On the other hand, if a federal question is involved, then the decisions of the federal courts of appeals and the U.S. Supreme Courts are binding on state courts.
30、联邦政府的立法权限
All branches of the federal government derive their power from the Constitution, which gives the legislature the right to make laws, but limits this power. Article 1 Section 8 of the Constitution lists several areas that can be regulated by federal government: Page 49 Art. I Section 8;Here are some important aspects.
1.Interstate commerce:
2.To print money
3.To declare war
4.To create an army
5.To make treaties
The federal government has the power to make all laws that are necessary and proper for executing any of the stated powers.
31、共同管辖和专属管辖的区别
The relationship between federal and state government
Exclusive jurisdiction: When the power to regulate an area belongs solely or exclusively to either the federal or state government, we say that the government has exclusive jurisdiction.
Concurrent jurisdiction: When both the federal and state governments have the right to regulated an area, those governments have concurrent jurisdiction: eg. Income tax ; crime
32、联邦法庭体系
33、权力至上的实质（the supremacy clause）
B ecause there are areas of concurrent jurisdiction, conflicts often exist between laws made by the federal government and laws made by states. Where a conflict exists, then federal law controls. This is because of the Supremacy Clause of the Constitution (Article VI) :" This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." When a state passes a law that conflicts with the Constitution, the U.S. Supreme Court has the power to declare that state law unconstitutional and unenforceable.
The Constitution has been the supreme law in the United States. Everyone who lives in the United States must obey the Constitution. If there is a disagreement over whether something is legal or illegal, we use the Constitution to help us to resolve the issue. That's why it is the highest and most important legal document in the country.
法律英语口语900句（47）：Criminal law principles part 47 criminal law principles刑法原则 1.an act is not a crime unless the law says it is one. 2.an essential function of the criminal law is to define the boundary between what conduct is criminal and what is merely immoral. 3.criminal law is not only the magra carta of the innocent, but also the magra carta which makes the sinner. 4.divine punishments though slow,are alwasy sure. 5.duress provides no defense to a charge of murder. 6.justifiable defense is the act being exempted from crimes. 7.prevention and punishment are essential reasons why we have criminal law and a criminal justice system. 8.no crime without a law. 9.no one can be forced to incriminate himself. 10.penal statutes must not be given retroactive effect. 刑法原则 法无明文规定者不为罪。 刑法的本质功能在于明确了犯罪行为与公非道德行为的界限。 刑法既是善良人的《大宪章》，也是犯罪人的《大宪章》。天网恢恢，疏而不漏。
Lesson Three Comparing Civil and Criminal Law I.Discuss the following questions: 1.What are the two objectives of criminal law? 2.What is civil law concerned with? 3.What are the two main branches of civil law? 4.In terms of duties or obligations, what are the differences between contract law and tort law? 5.How many kinds of torts are mentioned in the text? What are they? What are the difference and relationship between them? 6.Are compensatory damages and punitive damages the same in nature? Why or why not? Why are punitive damages seldom awarded? 7.Is it justified to say that a certain person can file a criminal charge against someone else? Why? II.Read the text again and decide whether these statements are true or false: 1.As for criminal law, there is just one purpose: to prevent antisocial behavior. F 2.Prevention of bad behavior may be more the consequence of civil law than the purpose. T 3.The primary purpose of civil law is the compensation of those injured by someone else’s behavior. T 4. A agreed to lease an apartment from a landlord for one year and A paid the rent for one year shortly after he moved in. Half a year later A moved out for unknown reasons, and then the landlord had the right to sue A for breach of contract. F 5.Negligent tort has occurred when one fails to act reasonably and unintentionally injury someone. T 6.Many intentional torts are also crimes and this is where civil law and criminal law has much in common. T 7.Criminal law is concerned with the immorality of an act while tort law is not. F https://www.doczj.com/doc/e44119103.html,plete the sentences below using the words or phrases given: undesirable; nonconformity; monetary; compensation; liability; restitution; tortfeasor; battery; fraternity; damages 1.The monetary system of certain countries used to be based on gold. 2.Civil law actually acts to prevent nonconformity to society’s behavior. 3.The court estimated the compensation in money for damages sustained by the plaintiff in the contract. 4.Since A has not breached the contract, he holds no liability for damage. 5.Restitution means the act of making good or compensating for loss, damage, or injury, or a return to or restoration of previous state or position. 6.If one at a party heaves a beer bottle and strikes another present either unintentionally or on purpose, he has committed a tort and he is known as a
2013-2014学年第二学期 华侨大学法学院期末考试试卷 考试科目：法律英语考核类型：A卷考试时间：120 分钟 学号姓名授课教师骆旭旭 (注意：所有的答案（包括选择题）应做在空白答题纸上) Exercise 1: Translate the following sentence into Chinese.(30%) The dominant purpose in starting the public enterprises had been public good and profit motive was secondary; however, of late the scenario has changed. With the liberalisation of markets the public undertakings are in direct competition with the private players and have to have profit motive in mind. If not, there have been criticisms by industry on the unequal treatment meted out to the private players. Here it is important to note the definition of "enterprise" under the Competition Act. It makes no distinction between a private and a public enterprise/undertaking. In fact it even includes a department of the Government which does not perform a "sovereign function". Functionally, the public undertakings have been broadly classified into four heads: ?Financial Institutions, such as Life Insurance Corporation of India, Reserve Bank of India, Export Credit and Guarantee Corporation Ltd, Film Finance Corporation Ltd, Unit Trust of India, Industrial Reconstruction Bank, etc. ?Promotional and Development Undertakings, such as Rehabilitation Housing Corporation Ltd, National Research Development Corporation Ltd, Food Corporation of India, Central Warehousing Corporation, National Small Industries Corporation Ltd, etc. ?Commercial and Industrial Undertakings, such as State Trading Corporation, Hindustan Machine Tools Ltd, Indian Airlines Corporation, Air India, etc. ?Public Utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim.
法律基础考试试题及答案大全（一） 一、单项选择( 每题1 分，共20 分，每题只有一个正确答案) 1 、下面对于德治与法治的表述，正确的是： A 、法治与德治一样，都属于政治文明； B 、法治与德治一样，同属于精神文明； C 、法治属于政治文明，德治属于精神文明； D 、法治属于精神文明，德治属于政治文明 2 、甲公司经常派业务员乙与丙公司订立合同。乙调离后，又持盖有甲公司公章的合同书与尚不知其已调离的丙公司订立一份合同，并按照通常做法提走货款，后逃匿。对此甲公司并不知情。丙公司要求甲公司履行合同，甲公司认为该合同与己无关，予以拒绝。下列选项哪一个是正确的？ A ．甲公司不承担责任； B ．甲公司应与丙公司分担损失； C ．甲公司应负主要责任； D ．甲公司应当承担签约后果 3 ．甲有天然奇石一块，不慎丢失。乙误以为无主物捡回家，配以基座，陈列于客厅。后甲发现，向乙追索。下列选项哪一个是正确的？ A ．奇石属遗失物，乙应返还给甲； B ．奇石属无主物，乙取得其所有权； C ．乙因加工行为取得奇石的所有权； D ．甲乙共同拥有奇石的所有权 4 ．药店营业员李某与王某有仇。某日王某之妻到药店买药为王某治病，李某将一包砒霜混在药中交给王妻。后李某后悔，于第二天到王家取回砒霜。李某的行为属于： A ．犯罪中止； B ．犯罪既遂； C ．犯罪未遂； D ．犯罪预备 5 ．王先生驾车前往某酒店就餐，将轿车停在酒店停车场内。饭后驾车离去时，停车场工作人员称：“已经给你洗了车，请付洗车费5 元。”王先生表示“我并未让你们帮我洗车”，双方发生争执。本案应如何处理？ A ．基于不当得利，王先生须返还5 元； B ．基于无因管理，王先生须支付5 元； C ．基于合同关系，王先生须支付 5 元； D ．无法律依据，王先生无须支付5 元 6 、由法律规范所规定，能够引起法律关系产生、变更和消灭的各种情形或现象是 A 、法律事件； B 、法律行为； C 、法律事实； D 、法律规范 7 、根据我国《民法通则》的规定，普通民事诉讼的时效期间为 A 、6 个月； B 、1 年； C 、2 年； D 、20 年 8、合同法的核心内容是
1. What are the main difference between civil law system and common law system? There are many differences between civil law system and common law system. First, their original places are different; the civil law system originated in ancient Rome, and the common law system originated in England. Second, the main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Third, the civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. Another important difference between them is classification, the civil law is separated into public law and private law, the common law is separated into common law and equity. 2. Can you explain the difference between the binding precedent and persuasive precedent? Binding precedent is precedent that a court must follow (it is law). All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent. In contrast, persuasive precedent is precedent that a court need not follow (it is not law, but as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions outside of that court's jurisdiction or from a lower court are considered to be persuasive only. 3 . What might happen if a court follows the precedent mechanically? A court following the precedent mechanically will at times perpetuate legal rules and concepts that are outlived their usefulness. The continuing problem in a legal system that recognizes past decisions as authoritative sources of law for future cases is how to maintain an acceptable accommodation of the competing values of stability in a law, served by adherence to precedent, and responsiveness to social change, which may call for the abandonment of an outworn legal doctrine. 4 . Explain the difference between stare decisis and res judicata? The stare decisis is that the final decision, as a precedent or a potential precedent for future case, has its impact on the legal norm of the conduct. And the courts have never regarded as absolutely binding and can overrule even clear precedents when consideration of public policy requires a change in the case law. The res judicata is an authoritative settlement of a particular controversy then before the court, it is addresses a decision’s impact in the individual case .and it have the absolutely binding even when the precedents changes, the particular case will not be reversed. The doctrine of res judicata bars a person from ever suing on the same claim again. 5. What’s the function of court of last resort? Why are appeals to court of last resort limited? The function of court of last resort is to review the action of the lower judicial tribunals of the state. The scope of judicial review is relatively narrow. It only reviews the record of the proceedings to determine whether or not the lower court committed error on its procedure or in applying the substantive law to the facts of the case. Appeals to court of last resort are limited. It’s because court of last resort has to give its full attention to novel and socially important controversies. The “screening ort” function refers to make the intermediate appellate court the final tribunal for most cases. 6. Can you explain diversity of citizenship? What court have jurisdiction over “diversity of citizenship”? Diversity of citizenship means suits between citizens of different states of the United States. Both federal and st ate courts have the jurisdiction over “diversity of citizenship”. If a plaintiff files the case in a state court of his own district, the defendant can remove it to a federal court of the same district. But if the plaintiff files it in the court of the def endant’s district, the defendant can’t remove it. 7. How can you get appeals reviewed by the Supreme Court? You must first persuade the Supreme Court that the issues presented by your case are important enough, as issues of general federal law, to justify Supreme Court consideration. A disappointed litigant cannot secure Supreme Court review merely by contending, however persuasively, that the decision handed down against her was wrong. Always reviews by the Supreme Court can be secured only by a “petition for a writ of certiorari”, which the supreme court, in the exercise of the broad discretion conferred upon it by acts of congress, may grant or deny.
第一课Introduction 1. 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 he 4. Explain the concept of capacity in contract law. 第二课Performance and Non-Performance What 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 Damages 1. 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 Parties 1. 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 Contracts 1. 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 Trial 1.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?
山东省水利厅 2017年宪法和公共法律知识考试试卷 （满分100分，答题时间90分钟） 一、判断题（正确的在括号里打““”，错误的打“X”。每题 1.5分，20道题，共30分。） 1、在我国，有权修改宪法的主体是全国人大常委会。（） 答案：错误 2、中华人民共和国国务院是最高国家权力机关。（） 答案：错误 3、国务院实行总理负责制。（） 答案：正确 4、中华人民共和国中央军事委员会每届任期与全国人 大相同。（） 答案：正确 5、国务院的部门规章有权设定一定范围内的行政许可 事项。（） 答案：错误 6、行政机关举行行政许可听证活动的费用由参与听证 的当事人分担。（）
答案：错误 7、法规、规章对实施上位法设定的行政许可作出的具体规定，根据实际情况，可以作一定的变通规定。（）答案：错误 &行政许可听证的主持人，即本案的调查人员。（） 答案：错误 9、结婚登记属于行政许可。（） 答案：错误 10、行政机关可以成为行政诉讼的原告。（） 答案：正确 11、原告向两个以上有管辖权的人民法院提起诉讼的， 由最先立案的人民法院管辖。（） 答案：正确 12、人民法院原则上应当公开发生法律效力的判决书、 裁定书，供公众查阅。（） 答案：正确 13、被诉行政机关负责人应当出庭应诉。不能出庭的， 应当委托行政机关相应的工作人员出庭。（） 答案：正确 14、人民法院在审理行政案件中，经审查认为规范性文件不合法的，正确的处理方法为，不作为认定行政行为合法的依据，并向制定机关提出处理建议。（）
答案：正确 15、法律、法规授权的具有管理公共事务职能的组织，在法定授权范围内，以自己的名义行使行政职权并承担相应的法律责任。（） 答案：正确 16、规范性文件有效期为5年；标注“暂行”、“试行” 的规范性文件，有效期为1年。（） 答案：错误 17、受委托行政机关或者组织在委托的范围内，以自己 的名义行使行政职权并承担相应的法律责任。（） 答案：错误 18、行政机关调查取证时，行政执法人员不得少于2人（） 答案：正确 19、县级以上人民政府办公厅（室）、县级以上人民政 府工作部门制定的规范性文件，为部门规范性文件。（）答案：错误 20、未经统一登记、统一编制登记号、统一公布的规范性文件无效。（） 答案：正确 二、单选题（每题1.5分，20道题，共30分） 1、根据《宪法》和法律的规定，下列哪一职位由全国
法律英语口语翻译：法庭 1.a judicial forum has nothing to do with what is not before it. 2.the court found the accused guilty on all charges. 3.the court has made an order for specific performance. 4.the court ordered the company's funds to be seized. 5.the court recorded an open verdict on the dead policeman. 6.the court returned a verdict of death by misadventure. 7.she was acting on the arthority of the court. 8.six weeks elapsed before the court order was put into effect. 9.the court asked for details of the background to the case. 10.the court asked the accused to show good cause why the should not be sent to prison. 11.the court dismissed the action. 12.the court extended the defendant's time for serving his defense by fourteen days. 13.the court followed the precedent set in 1926. 14.the court granted the company a two-week stay of execution.
1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies
样卷 广东外语外贸大学国际商务英语学院 《英汉笔译》2011-2012学年上学期期末考试试卷（A） 考核方式：开卷 考核对象：国际商务英语学院法律英语系2009级考试时间：120分钟姓名______________ 班级________ 学号____________________ 分数___________ PART I. LEGAL TERMS (20%, one point for each) 1.outstanding liabilities 2.without prejudice to PART II. Translation Improvement (30%) Directions: There may be one or more errors or inappropriate treatment in each of the following TRANSLATED VERSIONS. Please underline it (or them) and then correct it (or them) in the corresponding space provided on the ANSWER SHEET. If you believe the whole translation is wrong or inappropriate, you are advised to underline the whole translation. Marks will be given if you have identified and properly marked the error(s). (2 points for each save as specified otherwise) 21.His retort was delivered with a strong note of vinegar. 原译：他的反驳是带着强烈的醋意发出的。 改译： 22.The new father wore a proud smile. 原译：那位新父亲面带得意笑容。 改译： PART III. SENTENCES (30%) Directions: Translate the following sentences. Employ the translation skill suggested in the brackets where appropriate. (3 points for each save as specified otherwise) https://www.doczj.com/doc/e44119103.html,mission depends on the quantity of goods ordered. (Amplification) 32.We learn that you have been dealers of Chinese products for many years. (Conversion) PART IV. PASSAGE (20%) Translate the underlined part of the following passage. 1
公务员法律知识考试试题库附答案 《邓小平法制理论与依法治国》部分 一、的判断题 1.邓小平理论是指导中国人民在改革开放中胜利实现社会主义现代化的正确理论。√ 2.邓小平同志一再强调："法治是我们的目标"。╳ 3.我们的民主是全国人民代表大会领导的人民民主制度。╳ 4.社会主义民主法制建设必须坚持四项基本原则。√ 5.我国社会的主要矛盾是无产阶级与资产阶级之间的矛盾。╳ 6.在社会主义初级阶段，要把集中力量发展生产力摆在首要位置。√ 7.民主法制代替个人专断行政是现代化在政治领域的界碑。√ 8.人民政协是国家立法组织。╳ 9.邓小平提出了中央立法与地方立法并举的战略。√ 10.维护宪法、的法律尊严必须坚持法律面前人人平等。√ 11.立法工作要坚持把调整政治活动的法律作为立法的重点。╳ 12.改革最终能否成功决定于经济体制改革。╳ 13.遏制腐败，监督是关键。√ 14.坚持依法治国不是权宜之计，而是建设中国特色社会主义的必然选择。√ 15.依法治国作为国家的基本方略是伴随农业文明的兴起而出现的。╳ 16.社会主义法治的最基本价值原则是发展。╳ 17.法律是具有内在联系、的协调统一的有机体。╳ 18.中国最大的实际就是发展生产力。╳ 19.宪法规定国家的根本制度和根本任务。√
20.我国有权制定法律的是中共中央。╳ 21.配套法律是指有一个法律颁布以后，还需要一个或一些与之相关的法律的颁布，才能具体实施。√ 22.实施细则是指一个法律颁布以后，为了便于实施和具体操作，由国家行政机关和地方权力机关在自己的职权范围内对此作出详细规定的行政法规和地方性法规。√ 23.我国数量最大的法律渊源是法律。╳ 24.建立中国特色的社会主义法制体系首先应当考虑的因素是立法权统一。╳ 25.体现和维护人民民主就必须树立法律的权威。√ 26.党的政策是社会稳定的基石和社会矛盾的调节器。╳ 27.法治的特征植根于民主政治的一般原则。√ 28.法治的核心部分是针对国家权力本身，要求权利监督与制约。╳ 29.程序公正是指法院正确地依据法律规定的具体次序、的方式和手续来处理案件。√ 30.市场经济是自主性的经济，即承认和尊重市场主体的意志自主性。√ 31.市场经济要求统一开场，也要求市场国际化。√ 32.法制是法治的基础和精髓。╳ 33.改革党的领导体制就是要坚持党的领导与依法办事的统一。√ 34.精神文明分为思想道德方面和教育科学文化方面。√ 35.精神文明是指为了满足人的精神需要在精神活动过程中产生的文明成果。√ 36.社会主义法制的唯一要求是：违法必究。╳ 二、的选择题 1.社会主义本质规定和必然要求是（A）。 A.民主法制 B.无产阶级专政 C.中国共产党的领导 D.政治协商制度 2.发展民主政治，健全（C）直接关系到社会主义在中国的历史命运与前途。