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法律英语What are the special duties for U.S House of Representatives?(代表制）(1).impeach ,or bring charges against the president or federal official(2)Choose a president if no candidate receivesa majority of electoral votes.2.How does the system of checks and balances(政府机关彼此之间的相互制衡）in American constitution guarantees that no part of the government becomes too powerful?(1)Congress may pass laws,but the President can veto them .(2)The President can veto laws ,but Congress can override （推翻）the veto with a 2/3 vote.(3)The President and Congress may agree on a law, but the Supreme Court can declare a law unconstitutional.(4)The President can appoint Judges and other government officials, but Senate（参议院）must approve them.(5)Supreme Court judges have life terms ,but they can be impeached（弹劾) .3.Why is Constitution called the highest law of the land ?(1)What the Constitution concerns above all are fundamental issues of the State;(2)It serves as the basis of enacting（致力于）all other laws and regulations ,any laws contravening(违反）the constitutional provisions（规定）are null and avoid; (3)The procedures for adopting（采用）and amending（修改）it are far more stringent（严厉）and cautious than any other laws and regulations.4. What are the main sources of China' s constitutional law?(1) Constitutional Code(宪法典）--Constitution(1982)(2)Constitutional amendments（宪法修正案）---31 clauses （条款）of amendments (1988,1993and2004)(3)Constitutional acts（法律）mainly relating to the powers （权利）of the State and basic rights of the citizen.5.What are the basic rights of Chinese citizens stipulated（保证）in constitution of China?(1)Rights to equality(2)Political rights(3)Personal rights(4)Social, economic, educational and cultual rights.(5)Special person's rights .（特定主体）6.What are the basic principle of the Contract(合同）Law?(1) principle of equality(2)principle of voluntariness（自愿）(3)principle of good faith（诚信）(4)principle of abiding（遵守）by the laws and regulations ,observing（尊重）social ethics（道德标准）and the socioeconomic order（社会经济秩序）(5)principle of performing obligations（履行义务）7.How can you understand rights to equality stipulated in China's Constitution?(1)All citizens regardless of ethnic（种族）status（地位）, race, sex,occupation,family background, religious belief, education ,properly status（妥善地位）or length of residence （居住期限）, may equally enjoy the constitutional and statutory rights(法定权利) , and equally perform obligations prescribed(规定）by them.(2) The legal rights and interests of any person are subject to equal protection . The violations（违反）of the law should be brought to justice.(3) No privilege （特权）is allowed before the law.8.What are the requirements of an acceptance in concludinga contract?(1) an offer must be accepted by the offeree（受要约人）,not be（=not by) a third party.(2) the acceptance must be unequivocal（明确）.(3) in most cases, the acceptance must be communicated to the offeror（要约人）【接受要约必须传达】.9.On what ways will an offer terminate（终止）?(1)The offeror can withdraw(撤销）an offer at any time before acceptance.(2)The offer itself may specify that（指明）it will lapse（失效）after a set length of time.(3)The offeror may die or lose the legal capacity(法定资格，身份）to contract.10.As far as discharge of contract is concerned what are the provisions（规定）under continental law system（大陆法系）?(1)Payment(2)Deposit【提存】(3)set-off【抵消】(4)Release 【免除】(5)Merger【混同】11. What are the provisions under Chinese law system on discharge of contract?(1).performed obligation, the obligation were performed in accordance with the contract(2).terminated or rescinded(3) set off(相互抵消)(4)subject matter deposit.(5)The obligee releaed the obligor from obligations(6)Both the obligatory rights and obligatory liabilities were assumed by one party(7) provided by law or prescribed in advance by parties .12.What are the elements（基础）for a contract to be legally binding(有约束力）?(1)It must show agreement, including offer, acceptance,and mutuality（相互依存）.(2)It must involve two or more parties having the legal capacity to contract.(3)It must be for a legal purpose .(4)It must be in the correct form ---for example ,certain contracts must be in writing .13.What are Chinese Citizen' s obligations in accordance with（依照）China's constitution ?(1) Unity of the country and nationalities（国家和名族的统一）.(2)Obedience to（服从）the law(3)Keeping state secrets(4)Military service(5)Payment of taxes14.What are the primary sources of American law?(1)Constitutions(2)Treaties(条约）(3)Statutes（成文法）(4)Administrative rules and decisions（行政规则和决议）(5)Executive orders （行政命令，总统命令）(6)Court decisions(7)Cases（=law-judge-made)15.What are the secondary sources（第二类）of American law?Books and articles that summarize and clarify（总结明确）the primary sources of law.Legal encyclopedias(百科全书）, compilations(法律汇编）(eg, Restatement of law), official comments to statutes ,treatises (专著，论文）articles in law reviews (评论such as Harvard Law Review) published by law schools,and articles in other legal journals are examples of secondary sources of law.二.Term Explanation1 MinorA minor is a person who has not yet reached the age of majority. In most state ,the age of majority is 18(including China)for contract purposes.2.contract lawContract law is a general term（总括）of the legal norm（规范）regulating（调节）the agreement establishing（建立）,modifying（修改）and terminating（终结，确立）the civil rights and obligations between subjects of equal footing .【平等主体】3.AcceptanceAcceptance is the offeree's manifestation of intention to enter into a binding agreement on the terms stated in the offer.【承诺是受要约人在表现形式的基础上,想要进入一个具有法律约束力的合约条款中规定提供。
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 aremedy.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 i n 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 his preparation 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 citizen of 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 knownto 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 followingtort(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 ofNew 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。
以下是整理的《法律英语⼝语试题及答案整理》，希望⼤家喜欢！为什么应当废除死刑有这样⼏个理由：死刑是⼀个有缺；9.Todiscusstheimportance；Mirandawarningisawarning；Mirandawarningguranteest；Mirandawarningalsomeanst；thiswarningrestrainsthep；⽶兰达警告：在刑事犯罪嫌疑⼈被询问之前，警察将其；⽶兰达警告为什么应当废除死刑有这样⼏个理由：死刑是⼀个有缺陷的机制。
证据表明，刑事司法系统（CJS）充斥着错误、贪官污吏和有缺陷的做法，但这个系统是仍然被授权作为执⾏死刑的机构。
事实上，许多死囚被宣布⽆罪，仅在2003年就包括12例，这警⽰我们该系统需要⼤修。
从道德的⾓度来说：在许多情况下，关于死刑的道德争论集中在―以眼还眼‖，或―以命抵命‖的经营理念。
这个论点主张死刑的道义上的公正地惩罚死罪。
然⽽，真正的道德问题应该是是否有⼈有资格说应由谁⽣谁死。
以另⼀个⼈的⽣命通过⼀种犯罪⾏为，或者通过死刑是错误的。
在⼤多数情况下，已被判处死刑的罪犯被保留了⽣命。
然⽽，具有讽刺意味的是，⼀个理应重视⼈的⽣命社会，却剥夺⼀个杀⼈犯的⽣命，⽽这个刑事司法系统有可能对⽆辜的⼈执⾏死刑？就费⽤⽽⾔：死囚监狱需要⽐囚犯监狱最为更昂贵的安全设施。
这种说法是真实的。
预审和审判死刑案件的成本远远⼤于⾮死刑案件。
此外，死刑案件的上诉和再审的成本是天⽂数字。
省下来的钱应该花在预防犯罪⽅案和教育，重塑，回到发展经济，⽽不是花费数⼗亿美元在全国范围内谴责罪犯死刑，判处终⾝监禁的囚犯。
9. To discuss the importance of Miranda warning (P62)Miranda warning is a warning that is required to be given by police in the United States to criminal suspects in police custody before they are interrogated to inform them about their constitutional rights. It includes the right toremain silent; being clearly informed of that anything the person says will be used against that person in court; the right to consult with an attorney and to have that attorney present during questioning, if he or she is indigent, an attorney will be provided at no cost to represent her or him.Miranda warning gurantees the constitutional rights citizens have during the criminal investigating process. Those rights are mainly from the fifth and sixth amendments.Miranda warning also means the confession made by the suspects cannot be used as the evidence in court to make a sentence. Therefore,this warning restrains the police from using illegal methods through undue process to investigate the crime and to get confession from suspects.⽶兰达警告：在刑事犯罪嫌疑⼈被询问之前，警察将其羁押时应该告诉他们的宪法权利。
法律英语考查试题及答案一、英译汉1.general jurisdiction 一般管辖2.bar examination 律师考试3.ripeness 案件成熟度4.substantive law 实体法5.no contest pleas 不辩护也不认罪的答辩二、汉译英1.巡回法院 circuit courts2.模拟法庭 moot court3.案件决议度 mootness4.起诉书 complaint5.被上诉人 appellee三、翻译短文1.No two legal systems,then,are exactly alike.Each is specific to its country or its jurisdiction.This does not mean,of course,that every legal system is entirely different from every other legal system.Not at all.When two countries are similar in culture and tradition,their legal systems are likely to be similar as well.No doubt the law of E1Salvador is very much like the Law of Honduras.The laws of Australia and New Zealand are not that far apart.没有两个法系是恰好相似的。
每一种法系对于它的国家和它的管辖范围是特定的。
当然，这并不意味着每一种法系是完全不同于其它任何一种法系。
当两个国家在文化和传统上相似的时候，他们的法系也很可能相似。
难怪萨尔瓦多的法律和洪都拉斯的法律异常相似。
澳大利亚的法律和新西兰的法律也不是相差甚远。
一、将下列英文单词和词语翻译成汉语(共15小题,每小题2分,共30分)。
1、legal system2、appellant3、bar examination4、burden of proof5、buy-sell agreement6、civil law7、common law8、complete grant of power9、contract law10、convey11、corporation law12、creating contract13、death penalty14、family court15、husband-wife relation二、将下列词和词语翻译成英语(共15小题,每小题2分,共30分)。
1、国际经济法2、投资证券3、法理学4、法律职业5、婚姻法6、谋杀7、过失杀人(罪)8、推翻9、合伙10、检察官11、证据规则12、制定法13、提请注意14、起诉书15、诉讼请求三、将下列英文句子翻译成汉语(共2小题,每小题10分,共20分)。
1、Forbid transfers of shares without the consent of other shareholders.2、“Judicial officers" refers to persons who exercise the functions of investigation, prosecution, adjudication and supervision and control.四、将下列英文短文翻译成汉语(1小题,共20分)。
Congress shall make no law（5分） respecting an establishment of religion, or prohibiting the free exercise thereof; （5分） or abridging the freedom of speech, or of the press; （5分）or the right of the people peaceably to assemble, and to petition the government for a redress of grievances。
2020司法考试刑法：原题与解答英文版2020 Criminal Law Exam: Original Questions and Answers1. What is the difference between murder and manslaughter?- Murder involves intent to kill or cause grievous harm, while manslaughter is the unlawful killing of a person without intent.2. Define the principle of double jeopardy.- Double jeopardy prohibits a person from being prosecuted twice for the same offense.3. What is the legal age of criminal responsibility in your jurisdiction?- The legal age of criminal responsibility in most jurisdictions is typically around 18 years old.4. Explain the concept of self-defense in criminal law.- Self-defense allows a person to use reasonable force to protect themselves or others from imminent harm.5. Can a person be held criminally responsible if they were under the influence of drugs or alcohol at the time of the crime?- Yes, a person can still be held criminally responsible if they voluntarily consumed drugs or alcohol and committed a crime.6. What is the difference between burglary and robbery?- Burglary involves entering a building with the intent to commit a crime, while robbery involves taking someone's property through force or threat.7. Discuss the elements of the crime of assault.- Assault involves intentionally causing fear of physical harm or actual physical harm to another person.8. Can a person be charged with a crime if they were acting under duress?- In some cases, a person may have a defense if they were forced to commit a crime under threat of harm to themselves or others.9. Define the concept of criminal negligence.- Criminal negligence involves a reckless disregard for the safety of others, resulting in harm or death.10. What is the punishment for a first-time offender convicted of a white-collar crime?- The punishment for a first-time offender convicted of a white-collar crime may vary but could include fines, probation, or imprisonment.。
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” lan guage 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 resolu tion 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 disco vered that in his preparation 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 citizen of the United States who resides in the neighboring state of Agoura, has contracted with Barerra to purchase the latter’s farm which is located inDelmarva. 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 oneof 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。
法律英语试题与答案一、单项选择题（每题的备选项中，只有1个最符合题意）1、根据《国务院关于全面推进依法行政实施纲要》,下列不属于依法行政的基本原则的是( ）A．依法行政必须坚持党的领导．人民当家作主和依法治国三者的有机统一B．必须把维护政府利益作为政府工作的出发点C．必须维护宪法权威,确保法制统一和政令畅通D．必须把发展作为执政兴国的第一要务，坚持以人为本和全面．协调．可持续的发展观，促进经济社会和人的全面发展2、下面选项中不属于全面推进依法行政，实现建设法治政府目标的是（）A．中央政府和地方政府之间．政府各部门之间的职能和权限比较明确B．行为规范．运转协调．公正透明．廉洁高效的行政管理体制基本形成。
C．权责明确．行为规范．监督有效．保障有力的行政执法体制基本建立。
D．政府各职能明确分工，互不干涉,各自执法。
3、公安局对叶某作出拘留10天的处罚决定后随即执行。
叶某申请复议，上级公安局作出维持原判处罚的复议决定.叶某向法院提起诉讼，一审人民法院判决维持拘留决定，叶某上诉并提出行政赔偿请求.二审人民法院经审理,认定公安局对叶某的拘留处罚违法。
此时,应如何处理本案？（ )A．撤销一审判决,并撤销拘留决定，判令公安局赔偿叶某的损失B．撤销一审判决,并确认拘留决定违法，就赔偿问题进行调解，如调解不成，将全案发回重审C．撤销一审判决，并确认拘留决定违法，就赔偿问题进行调解,如调解不成，将行政赔偿案件发回重审D．撤销一审判决，并撤销拘留决定，就赔偿问题进行调解，如调解不成，告知叶某就赔偿问题另行起诉4、根据我国《国家赔偿法》的规定,行政赔偿的主体是（）A．实施了违法侵权行为的公务员B．实施了违法侵权行为的公务员所在的行政机关C．国家D．实施了违法侵权行为的公务员及其所在机关5、1995年8月5日上午，田某和朋友在家喝完酒后骑车去商场买东西,从商场出来后，听见有人说：“你车胎没气了。
”田某低头看车胎有气,随与其（张某)争吵并厮打在一起.民警赵某正在执勤中，见状即上前将田某抱住，并说：我是派出所的,别动。
西南政法大学法律英语考试真题及答案全文共3篇示例，供读者参考篇1Southwest University of Political Science and Law Legal English Exam Questions and AnswersPart I: Translation (20 points, 10 points each)Translate the following sentences into English:1. 我们必须遵守国际法规。
We must comply with international laws and regulations.2. 在法庭上他用英语进行了辩护。
He defended himself in English in court.3. 该条例规定了对未成年人犯罪行为的处罚。
The regulation stipulates the penalties for juvenile criminal behavior.4. 这份文件需要在截止日期之前提交。
This document needs to be submitted before the deadline.5. 该公司违反了环保法规，将面临巨额罚款。
The company will face hefty fines for violating environmental regulations.6. 他的律师成功地为他争取了辩护权。
His lawyer successfully fought for his right to defense.7. 请您签署此文件以确认接受以上条款。
Please sign this document to confirm acceptance of the above terms.8. 知识产权是一种无形资产，需要保护。
Intellectual property is an intangible asset that needs protection.9. 请尽快提供更多证据以支持您的主张。
1. To discuss the differences between the civil law system and the common law system。
ⅠThe original places are different. The civil law system originated in ancient Rome，and the common law system originated in England。
Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation。
Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules。
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。
Ⅴ Since theory and doctrines is important in legal education of civil law system，professor plays an important role in legal education. on the contrary，cases is the main source of common law, thus the judge’s decision is more important。
《法律英语》考试卷（A）（2020 ----2021学年第一学期）考试形式闭卷使用学生00916班考试时间90分钟出卷时间2021年1 月 5 日说明：考生应将全部答案都写在答题纸上，否则作无效处理。
I. Write out the legal English terminology matching with the following Chinese phrases.写出与下列汉语词语相对应的法律英语术语（10分）1.原告plaintiff； 2.被告defendant； 3.上诉人appellant； 4.陪审员Juror； 5.仲裁arbitration； 6.上诉appeal；7.维持原判Uphold the original verdict；8.最高院Supreme Court；9.法律冲突Conflict of laws；10.普通法系Common law systemII. Case analysis.案例分析（40分）ommissions including Marbury in 1800. The later sues Madison to Federal Supreme Court. The chief Madison as a new secretary of state , hearing new president Jefferson’s order, detains 17 judge cjudge Marshall deal the dispute wisely. Although Marbury hasn’t got any relief from court, Madison’s illegal action receives no punishment, and Federal Supreme Court hasn’t trial the case, the case is the most important one in America judicial system, especially to the establishment of three powers’check and balance system and to great America constitution. Analyze the case and show your own opinion.III.System comparing. 制度比较（25分）write the main actions and tasks which a judge should do in a trial in American court. And comparing the judge’s work between common law system and civil law system.写出美国法院审判中，法官所做的行为和索要完成的主要任务。
2020年司法考试法律英语专业能力历年真题解析司法考试是对法律专业人员能力的全面考核，其中法律英语专业能力也是其中的一项重要内容。
掌握法律英语专业能力对于学习和实践法律具有重要意义。
本文将对2020年司法考试法律英语专业能力历年真题进行解析，帮助广大考生更好地掌握法律英语专业能力。
一、背景介绍法律英语是指将法律与英语结合起来形成的一种特殊语言体系。
在国际交流和法律实务中，法律英语的运用极为广泛。
因此，掌握法律英语专业能力成为现代法律人士的基本素养之一。
二、解析题目2020年司法考试法律英语专业能力历年真题涉及领域广泛，如合同法、刑法、民事诉讼法等。
下面对其中几个典型的题目进行解析。
题目一：What are the main elements of a valid contract under American law? （美国法下有效合同的主要要素是什么？）解析：这是一道关于合同法的题目。
回答该问题时，可以从以下几个方面进行阐述。
首先，合同法中的要素包括offer（要约）、acceptance（接受）、consideration（对价）和legal purpose（合法目的）。
其次，合同还应当满足明确、合意和可执行的要求。
最后，根据美国法，封存和合法性也是合同的要素之一。
题目二：What are the essential elements to establish criminal liability under English law? （英国法下建立刑事责任的基本要素是什么？）解析：这是一道关于刑法的题目。
回答该问题时，可以从以下几个方面进行解答。
首先，英国法下建立刑事责任的主要要素包括actus reus（违法行为）和mens rea（有心之谋）。
其次，根据具体罪名的不同，还需在这些基本要素之上有所补充和裁定。
例如，对于谋杀罪，还需证明unlawful killing（非法杀人）和malice aforethought（预谋恶意）。
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（段落翻译与作文）（范文模版）第一篇：法律英语(段落翻译与作文)（范文模版）《法律英语》考试时间不变，向老师申请要了两道大题，范围如下：1、段落英译汉（20分）：内容涉及刑事程序法，简单涉及美国宪法第五修正案和米兰达警告等。
2、作文题（20分）：评述一下审前取证制度；评述抗辩制。
1、段落英译汉：刑事程序法大家看一下教材第一单元第8课（中文即可），是关于刑事程序的内容。
此题应该是老师自己编的英文材料。
美国第五宪法：No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;nor shall private property be taken for public use, without just compensation.无论何人，除非根据大陪审团的报告或起诉，不得受判处死罪或其他不名誉罪行之审判，唯发生在陆、海军中或发生在战时或出现公共危险时服现役的民兵中的案件，不在此限。
河南省洛阳市洛龙区人民法院2020年高三英语联考试题含解析一、选择题1. ---Will you make a journey to Shanghai next month?---If it _____.A. won't rainB. didn't rainedC. isn't rainingD. doesn't rain参考答案：D略16. Finally we decided to fly to France for the winter holiday on our first stop, ________ we planned to stay for three days.A. whenB. thereC. whichD. where 参考答案：D略3. ______after the race that he didn’t know what to say before so many reporters.A. So excited the champion wasB. So excited was the championC. So excited the champion feltD. So excited felt the champion参考答案：B4. Studies show that Americans chat on their phones for more than five hours a month, _____ Europeans.A. as much astwiceB. twice as much asC. as much twiceasD. as twice much as参考答案：B5. No one _____ cheat or help others cheat in the exam.A. shallB. willC. mustD. need参考答案：A考查情态动词。
2020届华东政法大学附属中学高中部高三英语二模试卷及答案第一部分阅读（共两节，满分40分）第一节（共15小题；每小题2分，满分30分）阅读下列短文，从每题所给的A、B、C、D四个选项中选出最佳选项AShopping centers，stadiums and universities may soon have a new tool to help fight crime.ACaliforniacompany called Knightscope says its robots can predict and prevent crime. Knightscope says the goal is to reduce crime by half in areas the robots guard.William Santana Li is the chief executive officer of Knightscope. He says，"These robot security guards will change the world. Our planet has more than seven billion people on it. It's going to quickly get to nine billion people. The security equipmentthat we have globally is just not going to develop that fast. The company's Autonomous Data Machines can become the eyes and ears of law enforcement（执法）.""You want them to be machines plus humans. Let. the machines do the heavy and sometimes dangerous work and let the humans do the strategic decision-making work，so it's always working all together."The machines do not carry weapons but they have day and night video cameras which are able to turn 360 degrees and can also sense chemical and biological weapons.Some people may become concerned about their privacy, especially in connection with the video recordings. Some people may worry that such recordings will appear on the Internet. Eugene Volokh, a law professor at the UCLA School of Law, says the machines have to be used in the right way and it will be interesting to see how state laws deal with this kind of video.William Santana Li says there is a long waiting list for the robots in theUS. Workers in the company are working overtime to meet the demands of the market. At least 25 other countries are also interested in these robot security guards.1. What can this new tool do for humans?A. Make strategic decisions.B. Keep watching day and night.C. Carry heavy weapons.D. Stop crime autonomously.2. Why are some people worried about the new robots?A. Their privacy may be let out.B. The robots are very expensive.C. Robots will replace humans.D. They will be out of work soon.3. Which of the following can be the best title of the text?A. Robots Are Becoming More PopularB. Robots Contribute aLotto the WorldC. Robots Are in Great Demand NowD. Security Robots Could Help Cut CrimeB"Long time no see." is a very interesting sentence. When I first read this sentence from an American friend's e-mail, I laughed. I thought it was a perfect example of Chinglish.Obviously, it is a word-by-word literal translation of the Chinese greeting with wrong English grammar and structure! Later on, my friend told me that it is a standard American greeting. I was too surprised to believe her. Her words were unbelievable at all. So I did research onGoogle. com. To my surprise, there are over 60 thousand web pages containing "Long time no see." Though it is sort of informal, it is part of the language that Americans use daily. Interestingly, if you type this phrase in Microsoft Word, the software will tell you that the grammar needs to be corrected.Nobody knows the origin of this Chinglish sentence. Some people believe that it came from Charlie Chan's movies. In the 1930s, Hollywood moviemakers successfully created a worldwide famous Chinese detective named "Charlie Chan" on wide screens. Detective Chan liked to teach Americans some Chinese wisdom by quoting Confucius. "Long time no see." was his symbol. Soon after Charlie Chan, "Long time no see." became a popular expression in America thanks to the popularity of these movies.Some scholars compare America to a hugemelting pot. All kinds of cultures are mixed in the pot together, and they change the colour and taste of each other. Language is usually the first thing to be influenced in the mixed pot.You can have some examples from other countries such as pizza from Italian, sushi from Japanese, and déjà vu from French etc. There is a long list! Since Americans admire Chinese culture more and more nowadays, I believe more Chinese words will become American English in the future. In this way, the American's melting pot keeps adding richness and flavour.4. What did the writer himself feel surprised at?A. The Chinglish expression "Long time no see."B. So many literal translations of the expressions used in America.C. "Long time no see." is used as a standard American English greeting.D. Finding out Americans use the expression every day.5. What do the underlined words "melting pot" in Paragraph 4 probably mean?A. Confucius's words.B. Culture mixture.C. A kind of cooked dish.D. American changing cultures.6. According to the passage, what can be inferred?A. Detectives translated the phrase "Long time no see."B. Cultures cannot be changed in the huge melting pot.C. The huge melting pot greatly affects all kinds of languages.D. Hollywood made "Long time no see." popular.7. What is the main idea of the passage?A. Some Chinese expressions are introduced into English.B. You'll not be surprised at a tofu and peanut butter hamburger in a restaurant in America.C. Some American expressions can be used in China.D. American English keeps being enriched by different cultures.CThe cumulative rainfall in Henan province during the four days was the highest since the province has records, the provincial meteorological service said. The rain was heaviest in the provincial capital, Zhengzhou, for a short period on Monday and Tuesday. Northern, western and central parts of Henan also experienced downpours, the service said. Zhengzhou's biggest one-hour precipitation (降水量) —201.9 mmbetween 4 and 5 pm on Tuesday—was also the highest on the Chinese mainland. The previous record was 198.5 mmin the village of Linzhuang in Zhumadian in August 1975, the National Meteorological Center said. The city's precipitation duringthe four days exceeded that of its average annual precipitation, the center said.Chen Tao, chief forecaster at the National Meteorological Center, said abundant water vapor (水蒸气) brought by Typhoon In-Fa and the province's special geographical features led to Henan's rain. “Partly affected by the typhoon, large amounts of water vapor have been transported to China's inland areas, including Henan,” he said.From Thursday to Monday, rain was forecast to continue in Henan. However, rainfall will gradually subside inZhengzhou and the province's northern and central regions, though the storms will increase the risk of mountain torrents and other geological disasters. By Monday, lighter rain is forecast for parts of Henan, the provincial weather service said. However, local authorities are still urged to bevigilantand prepare to prevent or cope with flooding and other possible disasters.Predicting such weather events remains a challenge worldwide because it involves many meteorological phenomena, the center said. “The formation of this kind of extreme weather, including rainstorms and high temperatures, is complex,” Chen said. “We still lack effective solutions and methods for such forecasting”, he said. “We are now putting a lot of effort into tackling the difficulty. We believe that as the technology improves, we can better forecast the events.”8. What message does the author mainly want to convey in the first paragraph?A. heavy rain fell in Zhengzhou.B. The rain in Henan lasted four days.C. Zhumadian also suffered the similar heavy rain.D. Henan experienced the biggest rainfall of all time.9. What can be indicated from Chen Tao's words?A. It is not easy to forecast the extreme weather.B The rain of Henan is mainly caused by Typhoon In-Fa.C. The center hasn't put a lot of effort into solving the problem.D. Rainstorms and high temperatures can account for the heavy rain.10. What does the underlined word “vigilant” probably mean?A. Relaxed.B. Alert.C. Reluctant.D. Communicative.11. Where might the text be most probably taken from?A. history book.B. A novel.C. A news report.D. A science magazine.DGlobally, people use roofs to dry out food, do their laundry and sleep. In Belfast, where we're based, there's a culture of enjoying looking down on the city from up high, because it's in a valley. But because we were a conflict area for a long time,many people didn't want to live, work or hang out in the city, and our roofs cape has been neglected.Rooftop projects can be as big or as small as you want. They can be used as social or cultural spaces, for green or blue public facilities. But it's not just about commercial opportunities; it can be as simple as an individual turninghis/her city balcony into a mini garden or vegetable patch. It's not just about doing it on a rooftop because it's “cool”.It's about giving up the deep-rooted thought that roofs are off limits and embracing their challenges as opportunities. That can make a huge difference. For instance, we're helping turn the rooftop car park of a city central shopping centre into an outdoor space for employees, due to restrictions they now face indoors because of COVID-19.Using rooftops creatively allows us to cope with many of the challenges faced by cities today--be those environmental, social, technological, or cultural. At the moment,we're being forced to rethink how we use public spaces due to COVID-19. With lots of restrictions on enclosed areas, we should be acknowledging rooftops alternatives.For example,Rotterdam recently hosted a play that took place across its rooftops. Each roof lit up and hosted a different part of the drama, while residents sat and watched, listening to the action through headphones. Are there any challenges? Rain is one. Also is health and safety. But there are creative and practical solutions to all the barriers we face. In fact,the challenges are what make rooftops so exciting----because they give you even more opportunities to be creative and solve problems. It is always a matter of trial and error.12. What can we learn about rooftops in the first two paragraphs?A. People enjoy getting together on rooftops.B. People can use rooftops to their own advantage.C. Rooftops are made good use of by locals in Belfast.D. Rooftops projects were launched for commercial reasons.13. How can rooftops benefit people in their life?A. Rooftops can be adapted to car parks.B. Rooftops help solve environmental problems.C. Rooftops can provide space for work and play.D. People can exchange their thoughts on rooftops.14. What will be possibly mentioned after the last paragraph?A. The new challenges of the future.B. Reasons for building rooftop projects.C. Exciting development of rooftop projects.D. Solutions to the challenges we are facing now.15. What is the author's purpose in writing the text?A. To introduce rooftop projects in Belfast.B. To encourage people to start rooftop projects.C. To analyze the current situation of rooftop projects.D. To offer suggestions on long-term city development.第二节（共5小题；每小题2分，满分10分）阅读下面短文，从短文后的选项中选出可以填入空白处的最佳选项。
2020FATMD听力样题模板1.仅供大家课前磨耳朵和熟悉听力的相关指令使用；2.这一部分录音课堂上就略去不再播放，教材上也大多略去（p.27有），以便节省时间和纸张。
特此说明。
蒋跃这一部分有录音，有例题。
Section ADirections:In this section you will hear five conversations. At the end of each conversation you will hear three questions about the conversation. Thequestion will be spoken only once. After you hear the question, read thefour possible answers marked A, B, C and D. Choose the best answerand mark the letter of your choice on the ANSWER SHEET.Listen to the following example.You will hear:W: Can you tell me about yourself, please?M: Sure, my name’s Harry, 18 years old, currently studying biology and chemistry at school. As you are aware, I hope to pursue a career in medicine.W: Harry, why do you want to be a doctor?M: Well, everyone in my family is a doctor, so I think I can follow on nicely.W: Apart from treating patients, what do you think being a doctor is going to require? M: Well, you also need to be academic and have to be an excellent communicator you’re your team and the patients.Questions number 1-3 are based on the conversation you've just heard.1: What are the two speakers talking about?You will read:1. A. Switching to biology and chemistry.B. Choosing to be a family physician.C. Going to college.D. Being a doctor.The correct answer is D. Mark the right answer on the ANSWER SHEET as indicated below:Sample AnswerA B ● D2: Why does Harry choose to be a doctor?You will read:2. A. Because of his family influence.B. Because of the fact that he’s young.C. Because of the practical skills he has.D. Because of his love for biology and chemistryThe correct answer is A. Mark the right answer on the ANSWER SHEET as indicated below:Sample AnswerA B ● D 3: What is mentioned by Harry as one of the requirements for a doctor?You will read:3. A. A strong sense of responsibility.B. Good communicative skills.C. Excellent health.D. Great patience.The correct answer is B. Mark the right answer on the ANSWER SHEET as indicated below:Sample AnswerA B ● D这一部分只有Directions的录音，没有例题。
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” lan guage 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 resolu tion 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 disco vered that in his preparation 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 citizen of the United States who resides in the neighboring state of Agoura, has contracted with Barerra to purchase the latter’s farm which is located inDelmarva. 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 oneof 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。
