法律英语证书(LEC)全国统一考试样题试卷一

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。

2023年国家统一法律职业资格考试试卷一仿真测试试题(含答案)姓名:________ 考号:________一、单选题(30题)1.应国内化工产业的申请，中国商务部对来自甲国的某化工产品进行了反倾销调查。

依《反倾销条例》，下列哪一选项是正确的？A.商务部的调查只能限于中国境内B.反倾销税税额不应超过终裁确定的倾销幅度C.甲国某化工产品的出口经营者必须接受商务部有关价格承诺的建议D.针对甲国某化工产品的反倾销税征收期限为5年，不得延长2.《治安管理处罚法》第115条规定：“公安机关依法实施罚款处罚，应当依照有关法律、行政法规的规定，实行罚款决定与罚款收缴分离；收缴的罚款应当全部上缴国库。

”关于该条文，下列哪一说法是正确的？A.表达的是禁止性规则B.表达的是强行性规则C.表达的是程序性原则D.表达了法律规则中的法律后果3.某律师事务所律师代理原告诉被告买卖合同纠纷案件，下列哪一做法是正确的？A.该律师接案时，得知委托人同时接触他所律师，私下了解他所报价后以较低收费接受委托B.在代书起诉状中，律师提出要求被告承担精神损害赔偿20万元的诉讼请求C.在代理合同中约定，如胜诉，在5万元律师代理费外，律师事务所可按照胜诉金额的一定比例另收办案费用D.因律师代理意见未被法庭采纳，原告要求律师承担部分诉讼请求损失，律师事务所予以拒绝4.甲、乙两国均为《维也纳外交关系公约》缔约国，甲国拟向乙国派驻大使馆工作人员。

其中，杰克是武官，约翰是二秘，玛丽是甲国籍会计且非乙国永久居留者。

依该公约，下列哪一选项是正确的?A.甲国派遣杰克前，无须先征得乙国同意B.约翰在履职期间参与贩毒活动，乙国司法机关不得对其进行刑事审判与处罚C.玛丽不享有外交人员的特权与豁免D.如杰克因参加斗殴意外死亡，其家属的特权与豁免自其死亡时终止5.成文宪法和不成文宪法是英国宪法学家提出的一种宪法分类。

关于成文宪法和不成文宪法的理解，下列哪一选项是正确的?A.不成文宪法的特点是其内容不见于制定法B.宪法典的名称中必然含有“宪法”字样C.美国作为典型的成文宪法国家，不存在宪法惯例D.在程序上，英国不成文宪法的内容可像普通法律一样被修改或者废除6.有法谚云：“法律为未来作规定，法官为过去作判决”。

2023年国家统一法律职业资格考试试卷一仿真测试考试(含答案)姓名:________ 考号:________一、单选题(30题)1.英国公民苏珊来华短期旅游，因疏忽多付房费1000元，苏珊要求旅店返还遭拒后，将其诉至中国某法院。

关于该纠纷的法律适用，下列哪一选项是正确的？A.因与苏珊发生争议的旅店位于中国，因此只能适用中国法B.当事人可协议选择适用瑞士法C.应适用中国法和英国法D.应在英国法与中国法中选择适用对苏珊有利的法律2.中国甲公司与德国乙公司签订了进口设备合同，分三批运输。

两批顺利履约后乙公司得知甲公司履约能力出现严重问题，便中止了第三批的发运。

依《国际货物销售合同公约》，下列哪一选项是正确的？A.如已履约的进口设备在使用中引起人身伤亡，则应依公约的规定进行处理B.乙公司中止发运第三批设备必须通知甲公司C.乙公司在任何情况下均不应中止发运第三批设备D.如甲公司向乙公司提供了充分的履约担保，乙公司可依情况决定是否继续发运第三批设备3.中国甲公司与日本乙公司的商事纠纷在日本境内通过仲裁解决。

因甲公司未履行裁决，乙公司向某人民法院申请承认与执行该裁决。

中日均为《纽约公约》缔约国，关于该裁决在中国的承认与执行，下列哪一选项是正确的?A.该人民法院应组成合议庭审查B.如该裁决是由临时仲裁庭作出的，该人民法院应拒绝承认与执行C.如该人民法院认为该裁决不符合《纽约公约》的规定，即可直接裁定拒绝承认和执行D.乙公司申请执行该裁决的期间应适用日本法的规定4.关于法官在司法活动中如何理解司法效率，下列哪一说法是不正确的？A.司法效率包括司法的时间效率、资源利用效率和司法活动的成本效率B.在遵守审理期限义务上，对法官职业道德上的要求更加严格，应力求在审限内尽快完成职责C.法官采取程序性措施时，应严格依法并考虑效率方面的代价D.法官应恪守中立，不主动督促当事人或其代理人完成诉讼活动5.甲国分立为“东甲”和“西甲”，甲国在联合国的席位由“东甲”继承，“西甲”决定加入联合国。

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。

法律英语证书考试试题1.A buyer can accept goods by：A. Stating an intention to take them.B. Failing to reject them.C. Treating the goods as if the buyer owned them.D. All of the above.2.Mary agrees to sell a used car to Bill for $ 5，000. After Bill pays， Mary tells him to come over and pick up the car. However， Bill waits until Wednesday to pick up the car. In the meantime，the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract， and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.3.Mary agrees to sell a used car to Bill for $ 5，000. After Bill pays， Mary tells him to come over and pick up the car. However， Bill waits until Wednesday to pick up the car. In the meantime，the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract， and that Mary has never sold a care before.A. Mary.B. BillC. Neither Mary and Bill.D. Both Mary and Bill.4.In order for someone to be convicted of a crime， which of the following elements must be present?A. The defendant had a socially maladjusted childhood.B. The defendant had no intent to commit the act.C. The defendant performed a prohibited act.D. The defendant performed a morally questionable act.5.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening， after Mark had left for the week， Bob discoveredthat he was missing $9，000 in cash. Mark may be guilty of：A. Robbery.B. Embezzlement.C. Misappropriation.D. Conversion.6.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy， the act of ______ occurs：A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.7.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy， the act of ______ occurs：A. Insider trading.B. Economic espionage.C. Money laundering.D. Burglary.8.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it， he may be guilty of the crime of：A. Battery.B. Larceny.C. Arson.D. Forgery9.A homicide committedwithout malice towards the victim is known as：A. First-degree murder.B. Manslaughter.C. A misdemeanor.D. Extortion10.If you are charged with a crime， you might be able to defend yourself and escape liability if you：A. Committed a prohibited act.B. Were voluntarily intoxicated at the time of the crime.C. Were over the age of sixty-five at the time of crime.D. Were involuntarily intoxicated at the time of crime.11.One morning in the Laundromat， Duneberry approached Kirksey and said，“If you don’t pay me $ 500 by July 2nd，I’ll beat you to a pulp.” A week later， on July 2nd， Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money， Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law， Duneberry will most likely be found guilty of which of the following crimes：A. Extortion and battery.B. Extortion and robbery.C. Assault and battery.D. Assault and robbery12.Which of the following does NOT describe a felony?A. If found guilty， you are sentenced to prison for up to six months.B. If found guilty， you go to a federal or state penitentiary.C. If found guilty， you may face the death penalty.D. If found guilty， you may face life imprisonment.13.Which of the following is not classified in English law as a tort?A. Defamation.B. Negligence.C. Breach of contract.D. Nuisance14.Eunice Younis is sitting in a swing chair watching her husband Yasser， planting tulip bulbs from his native Turkey. Jacques Kevorkian， who hates Yasser because of the Armenian genocide， but is a friend of Eunice’s， whose present is known to him， draws a scimitar and threatens to behead Yasser. Eunice， who is five months pregnant，suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacquesfor intentional inflection of emotional distress causing her miscarriage， Eunice will：A. Lose， because Jacques did not know Eunice was pregnant.B. Win，because it is highly probable that Jacques’ extreme and outrageous conduct would inflect emotional distress on Eunice.C. Lose，since Jacques’s tortuous acts were aimed against Yasser，so only Yasser can recover for emotional distress.D. Win，because she is Yasser’s wife.15.Intent is：A. A factor required to sustain a tort.B. Strict liability.C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.D. Where desert nomads live16.False imprisonment is：A. Placing a convicted defendant in a maximum security prison.B. A description of when a judge and jury disagree over a sentence.C. A criminal imprisonment for civil wrong.D. The intentional， unlawful confinement of a person against that pers on’s will.17. Which of the following is/are required in order to have a “tender” of goods?A. The seller must put and hold conforming goods at the buyer’s disposal.B. The seller must give notice to the buyer that the goods are available.C. The seller must give notice to the buyer and hold the goods for a reasonable time.D. All of the above are required for tender.18. Rescission may be defined as：A. The substitution of one contract party for another.B. The revision of a contract’s terms to reflect trade usage.C. The full performance of a contract.D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.19. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discoverlater that the dog is not worth $800， but only $400， can you have the contract rescinded or canceled based on your mistake?A. Yes， if the owner knew the dog was clearly not worth $800.B. Yes， because you had a duty to investigate.C. Probably not，because you made a mistake about the dog’s value， not a mistake of a material fact.D. Probably so， because you made a mistake of an immaterial fact.20. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian， in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficient?A. No， because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.B. No， because this kind of bargain violates public policy.C. Yes， based on the clear lack of any bargain.D. Yes， because Liz has promised something of value21. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun， an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk， Reggie tells Hortense，“You have donereally good lately. If you can keep it up until Christmas， you will get a $500 bonus.” Reggie’s promise could be best characterized as：A. Valid consideration.B. An illusory promise.C. An output contract.D. A requirements contract22. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications：A. Vercingetorix may not reject Eddy’s performance because Eddy has substantially performed.B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.D. Vercingetorix may reject Eddy’s performance because it was not precisely what their agreement demanded23.Andronicus， an international dog dealer， offers to pay Justinian， an professional dog breeder， $40，00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”， to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st，Andronicus repudiates. Justinian’s cause of action ag ainst Andronicus will accrue：A. Immediately on August 1st.B. Anytime between July 12th and August 12th.C. Either A and B.D. August 12th24.With regard to corporations：A. They may be held liable for crimes， just as individuals may be.B. They may never be held liable for crimes.C. They do not really exist， so they cannot be liable for crimes，only for torts.D. They may only be held liable for crimes if they are privately owned.25. A person may be found not guilty of committing a crime if that person：A. Is over the age of 18.B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.C. Is voluntarily intoxicated.D. Made a mistake of law26. Negligence is：A. Forgetfulness.B. Willful and wanton misconduct.C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.”D. A tort that will impose liability for a breath of a duty that proximately causes an injury27. Immunity is：A. A statutory defense available only to sovereign governments.B. A possible defense to tort liability.C. The right of students in law school to participate in political demonstrations.D. The invulnerability of a trial court judge.28. Kriekor leases an apartment from Methuselah. In this situation，Methuselah is known as：A. The lessor.B. The lessee.C. The tenant.D. The debtor.29. The famous “swoosh” design on the side of NIKE sneakers is an example of：A. A copyright.B. A patent.C. A trademark.D. A trade secret30. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”， you are looking at：A. A certification mark.B. A strong mark.C. A patent.D. A licensor31. Suppose that Jami invents and patents his new weeding machine，but never sells it. Louisa borrows the machine from Jami， pulls it apart， copies it， and then sells it. Louisa：A. Has done nothing wrong; competition is a part of our market economy.B. Has not infringed a patent because the product was not “in commerce.”C. Has infringed Jami’s patent rights.D. Has behaved immorally， but not illegally32. One of the ways to make use of another’s trademark，copyright， patent， or trade secret， while avoiding litigation， is to obtain：A. A cyber mark.B. A businessprocess patent.C. An easement. 地役权D. A license.附：法律英语证书考试大纲考试分试卷一和试卷二，各需三个小时完成。

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。

法律英语试卷试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a legal term?A. ContractB. TortC. EquityD. Agreement2. The term "pro se" refers to a person who represents themselves in a legal proceeding without the assistance of an attorney. True or False?3. What does the abbreviation "LLC" stand for in the context of business law?A. Limited Liability CompanyB. Large Legal ContractC. Local Legal CouncilD. Legal Liability Certificate4. Which of the following is a type of legal document?A. MemorandumB. Memorandum of Understanding (MOU)C. Both A and BD. Neither A nor B5. The principle of "stare decisis" is most closely associated with which legal system?A. Civil lawB. Common lawC. Religious lawD. International law6. What is the term for the legal process of resolving disputes outside the court system?A. LitigationB. MediationC. ArbitrationD. Negotiation7. In the context of intellectual property law, "patent" refers to:A. A right to exclude others from making, using, or selling an inventionB. A document that grants ownership of a work of literature or artC. A legal document that protects a brand name or logoD. A license to practice a profession8. Which of the following is a fundamental principle of criminal law?A. Presumption of innocenceB. Right to a fair trialC. Both A and BD. Neither A nor B9. The term "precedent" in legal English refers to:A. A legal principle or rule established in a previous case that is binding in courtB. A document that outlines the facts of a caseC. A legal agreement between partiesD. A formal request for a court to review a case10. What does the term "actus reus" mean in criminal law?A. The guilty mindB. The wrongful actC. The criminal intentD. The legal defense二、填空题（每空1分，共10分）11. In legal English, "due process" refers to the fundamental legal rights that must be observed to ensure a fair trial.- The term "due process" is derived from the Latin phrase "due process of law."12. A "writ" is a formal written order issued by a court, typically directed to someone other than the parties in a case.- An example of a writ is a "writ of _habeas corpus_."13. The term "negligence" in tort law refers to the failure to exercise the degree of care that a reasonable person would exercise in the same situation to prevent harm to others.- In order to establish negligence, a plaintiff must prove the defendant's duty of care, breach of that duty, causation, and _damages_.14. "Probate" is the legal process by which a will is proved to be valid or invalid.- The court that oversees probate proceedings is known as the _probate court_.15. "Jurisdiction" refers to the authority of a court to hear and decide cases.- There are different types of jurisdiction, including_personal jurisdiction_, subject matter jurisdiction, and territorial jurisdiction.三、简答题（每题5分，共20分）16. Define "actus reus" and "mens rea" in the context of criminal law.17. Explain the concept of "joint and several liability" in tort law.18. What is the difference between "specific performance" and "damages" as remedies in contract law?19. Describe the process of "discovery" in civil litigation.四、案例分析题（每题15分，共30分）20. Case Study: A company has been accused of patent infringement. The company argues that they were not aware of the patent and therefore should not be held liable. Discuss the legal principles that may apply to this case and the possible outcomes.21. Case Study: A tenant has been evicted from their apartment without proper notice. The tenant claims that the eviction was unlawful. Analyze the relevant legal provisions and discuss the tenant's potential remedies.五、论述题（共20分）22. Discuss the role of language in legal interpretation and the challenges it presents. Provide examples to support your argument.参考答案：一、选择题1-5: D T A B B6-10: B C A B B二、填空题11. "due process of law"。

2019年11月年LEC（试卷一）部分试题1.AbrogateA. A formally concluded and ratified agreement between countries.B.To formally repeal or do away with a law, right, or formal agreement.C.To curtail rights or privileges.D.The formal rejection of something, typically a belief, claim, or course of action.2.Bail BondA. A notice issued by police to ask a suspect to report a crime.B. A retrial in a district court that is conducted as if no trial had occurred in thelower court.C.Evidence for the prosecution given by a participant in or accomplice to thecrime being tried.D. A financial obligation signed by the accused and those who serve as suretiesto guarantee his or her future appearance in court.3.Bona FideA.Principle to protect consumers from unscrupulous sellers.B.Principle that the buyer alone is responsible for checking the quality andsuitability of goods before a purchase is made.C.Good faith. It is often used to refer to a purchaser or holder who takessomething without fraud, deceit, or knowledge of a lien or superior claim byanother.D.Election made by parties to a letter of credit to apply the Uniform Customs andPractice for Documentary Credits.4.Caveat EmptorA.One unreasonably interferes with the use and enjoyment of nearby property.B.The principle that the buyer alone is responsible for checking the quality andsuitability of goods before a purchase is made.C.It interferes with a right of the general public and also interferes with aparticular person’s use and enjoyment of his land.D.An acknowledgment by a bank of receipt of money with an engagement torepay it.5.Civil WrongA.Generally, fines or money damages imposed by a regulatory scheme.B.An infringement of a person’s rights, such as a tort or a breach of a contract.C. A term generally designating one who is for purposes of sentencing, older thana juvenile but younger than an adult.D.An agreement between opposing attorneys on any matter relating to theproceedings or trial.6.Clear TitleA. A sentence that gives more punishment than is allowed by law.B.An official order for the execution of a condemned person.C. A title free from any encumbrance, obstruction, burden or limitation thatpresents a doubtful or even a reasonable question of law or fact.D.Any matter appearing in the record of a title to real estate that on its faceappears to reflect the existence of an outstanding claim or encumbrance that, if valid, would defeat or impair the title, but that might be proven invalid by evidence outside the title record.7.ConfessionA. A statement by a person, either oral or written, admitting that he committed acertain offense.B. A temporary remedy awarded before judgment and pending the action’sdisposition.C.The process by which private real estate is taken for public use without theowner’s consent but with just compensation, pursuant to a court order.D. A situation in which regard for one duty leads to disregard of another, or mightreasonably be expected to do so.8.ConveyanceA.Valid until annulled.B.Null and void.C.The transfer of a title to property from one person to another.D. A formal declaration that someone is guilty of a criminal offense, made by theverdict of a jury or the decision of a judge in a court of law.9.De NovoA. A legal term meaning “anew”.B.To set aside a judgment on appeal or proceedings in error.C. A legal term meaning “in fact” or “existing in fact whether with justificationor not”.D.To abrogate or cancel a contract unilaterally or by agreement.10.Direct ExaminationA.The fundamental principle that a person may not be convicted of a crime unlessthe government proves guilt beyond a reasonable doubt, without any burdenplaced on the accused to prove innocence.B.The questioning of a witness by the party that has called that witness to giveevidence, in the questioning of order to support the case that is being made.C.The doctrine that the holder of a patent is entitled to a statutory presumptionthat the patent is valid and that the burden is on a challenger to prove invalidity.D.The questioning of a witness by the opposing party to test the truthfulness ofthe witness’s testimony, to further develop it or to otherwise expand on it.11.Dissenting OpinionA. A written accusation as presented to a grand jury.B.The criminal law procedural equivalent of a civil action request for a moredefinite statement.C.An opinion written by an appellate judge explaining why he or she disagreeswith the decision reached by the majority of judges considering the case.D.An opinion written by an appellate judge who agrees with the decision reachedin a case on appeal, but who would base this decision on reasons different fromthose expressed by the majority of judges considering the case.12.Exclusionary RuleA.Statutes that allow local courts to obtain jurisdiction over nonresidentdefendants when the cause of action is generated locally and affects localplaintiffs.B. A clause in a legal document which excuses a party from liability for its actsother than those caused by willful neglect or gross negligence.C. A set of principles permitting greater opportunity or greater lenience for oneclass of people than for another, usu. based on a difference such as gender orrace.D.The rule preventing illegally obtained evidence, such as property found duringan illegal search, from being used in any trial.13.Which of the following departments is in charge of the foreign affairs in the United States?A.Department of State.B.Department of Justice.C.Department of Defense.D.Department of Homeland Security.w school in the United States is a postgraduate level program which typically lasts three years and results in the awarding of _____ degree after successful completion of the program.A.LL.M.B.J.S.D.C.S.J.D.D.J.D.15.Which of the following statements is NOT true in the United States?A. A lawyer maybe a law professor or a prosecutor.B.The Chief Justice of the Supreme Court of the United States of America.C. A state constitution is the supreme law of that state in the United States.D.The Attorney-General of the United States of America.参考答案：1B 2D 3C 4B 5B 6C7A8C9A10B11C12D13A14D15C2017年5月LEC（试卷一）部分试题plainantA.In a civil case, one who makes a complaint, often referred to as the "plaintiff".B. A voluntary transfer, by a debtor of all his property to a trustee for the benefit of allhis creditors.C. A sworn witness to the innocence or good character of an accused person.D.Someone who gives assistance to the perpetrator of crime,without directlycommitting it, sometimes without being present.2.DiscoveryA.Former term used for gift of personal property by a will.B. A statement that denies something, esp. responsibility.C.The process of gathering and preserving evidence prior to trial in a civil or criminalcase.D.The decision made by a jury as to whether a criminal defendant is guilty or not guiltyor whether a civil defendant is liable or not liable.rmationA. A court order restraining a person from doing or continuing to do something thatthreatens or causes irreparable injury to another.B. A formal accusation (criminal information) of a crime, differing from an indictmentin that it is prepared and signed by the prosecuting attorney instead of the grand jury.C. A thing that persuades or influences someone to do something, especially enter intoa contract.D.Formally, by a grand jury, accuse or charge someone with a crime.4.VexatiousA.legally responsible.B. A defamatory publication in writing.C.Civil responsibility as determined by a judge or jury.D.Denoting an action or the bringer of an action that is brought without sufficient groundsfor winning, purely to cause annoyance to the defendant.5. Judicial ReviewA.Aonther term for default judgment.pensation for the loss directly and necessarily incurred by a breach of contract.C.The authority of a court to review the official actions of other branches ofgovernment.D.The immunity of a judge from civil liability for any acts performed in the judge's officialcapacity.6.Next FriendA. A person convicted of a misdemeanor.B. A human being, as opposed to artificial or fictitious "person"：such as corporations.C. A person appointed by the court to appear on behalf of a minor or incompetentperson who is a plaintiff in a civil action.D.The term is used generally with two meaning: nearest blood relations according tolaw of consanguinity and those entitled to take under statutory distribution ofintestates’ estates.7.Probable CauseA.The right to judicial relief.B.Level of suspicion required to justify law enforcement investigation, but not arrest orsearch.C.Basic principles of law generally accepted by the courts or embodied in the statutesof a particular jurisdiction.D.In criminal cases, reasonable grounds for believing that the facts justify issuance ofan arrest or search warrant, or further legal action.8.De Novotin word means to start over from beginning.B.To respond to a civil complaint by filing a demurrer.C. A declaration of a statement truth, which renders one willfully asserting an untruestatement punishable for perjury.D.The rule preventing illegally obtained evidence, such as property found during anillegal search, from being used in any trial.9.Res Ipsa LoquiturA. A plea through which the defendant does not admit guilt, but which has the samelegal effect as a plea of guilty in a criminal case.B. A legal term from the Latin meaning literally, "the thing itself speaks" but is moreoften translated "the thing speaks for itself.”C.The prosecutor declines to prosecute, but may still initiate prosecution within thetime allowed by law.D. A term used to describe permanent and absolute tenure of land or property withfreedom to dispose of it at will.10.Gag OrderA. A civil code.B. A court-imposed order to restrict information or comment about a case.C. A probate court order which names the persons entitled to receive parts of an estateand that share allotted to each.D.Basic principles of law generally accepted by the courts or embodied in the statutesof a particular jurisdiction.11.Which of the following statements is NOT true in the United States?A.In criminal cases, the courts provide legal assistance free of charge to defendantswho cannot afford to pay for it themselves.B.Courts resolve disputes through the adversary process, at both the trial and appellatelevels, and rely on precedents for guidance in making decisions.C.Federal and state courts exist side by side. State courts are courts of generaljurisdiction and decide many more cases than federal court. The federal courts’jurisdiction is much more limited than the state courts, jurisdiction.D.Every individual has an absolute right to bring a case in federal court, along with anabsolute right of appeal for review of the district court's decision. So most of thecases can go as far as the Supreme Court of the United States.12.Sometimes when a higher court reverses the decision of the district court, it will send the case back to the district court for another trial, or in legal terms, ____________ it.A.remandB.revokeC.removeD.retain13.The doctrine of _______ requires that cases with the same fact-situation be treated the same way. But in actual fact, there are simply no two cases exactly alike.A.Mail-box RuleB.Rule against PerpetuitiesC. Stare DecisisD. Mirror Image Rule14.Which of the following statements is NOT true in the United States?A.The Supreme Court begins its annual session or term on the first Monday ofOctober.B.Two requirements are the most important in law school admission: the applicant'sundergraduate GPA and scores on the GRE.w reviews are legal academic journals edited and in part written by students.D.To choose the jurors, the prosecutors and sometimes the lawyers ask prospectivejurors questions to determine if they will be able to decide the case fairly.15.The states may, under the U. S. Constitution, do all of the following EXCEPTA.Maintain educational systems,B.Setup their own police departments.C.Provide for standing armies for self-defense.D.Make their own laws regulating commerce within their borders.参考答案：1A 2C 3B 4D 5C6C7D8A9B10B11D12A13C14B15C2017年5月LEC（试卷二）案例阅读部分Part I. Case Reading Comprehension (25 points)Read the case carefully and briefly answer the questions following the case:CORINTHIAN PHARMACEUTICAL SYSTEMS, INCv.LEDERLE LABORATORIES724 F.Supp. 605 (1989)MCKINNEY, J.This diversity action comes before the Court on the defendant's motion for summary judgment. Defendant Lederle Laboratories is a pharmaceutical manufacturer and distributor that makes a number of drugs, including the DTP vaccine. Plaintiff Corinthian Pharmaceutical is a distributor of drugs that purchases supplies from manufacturers such as Lederle Labs and then resells the product to physicians and other providers. One of the products that Corinthian buys and distributes with some regularity is the DTP vaccine. [Under the terms of a settlement agreement in a prior, unrelated dispute, Corinthian] “may order additional vials of [vaccine] from Lederle at the market price and under the terms and conditions of sale in effect as of the date of the order.” …Lederle periodically issued a price list to its customers for all of its products. Each price list stated that all orders were subject to acceptance by Lederle at its home office, and indicated that the prices shown “were in effect at the time of publication but are submitted without offer and are subject to change without notice.” The price list further stated that changes in price “take immediate effect and unfilled current orders and back orders will be invoiced at the price in effect at the time shipment is made.”From 1985 through early 1986, Corinthian made a number of purchases of the vaccine from Lederle Labs. During this period of time, the largest single order ever placed by Corinthian with Lederle was for 100 vials. When Lederle Labs filled an order it sent an invoice to Corinthian. The one page, double-sided invoice contained the specifics of the transaction on the front, along with form statement at the bottom that the transaction “is governed by seller’s standard terms and conditions of sale set forth on back hereof, notwithstanding any provisions submitted by buyer.”“Acceptance of the order is expressly conditioned on buyer’s assent to seller’s terms andconditions.”On the back of the seller’s form, the above language was repeated, with the addition that the “[s]eller specifically rejects any different or additional terms and conditions and neither seller’s performance nor receipt of payment shall constitute an acceptance of them.” The reverse side also stated that prices are subject to change without notice at any time prior to shipment, and that the seller would not be liable for failure to perform the contract if the materials reasonably available to the seller were less than the needs of the buyer. The President of Corinthian admits seeing such conditions before and having knowledge of their presence on the back of the invoices, and Corinthian stipulates that all Lederle's invoices have this same language.During this period of time, product liability lawsuits concerning DTP increased, and insurance became more difficult to procure. As a result, Lederle decided in early 1986 to self-insure against such risks. In order to cover the costs of self-insurance, Lederle concluded that a substantial increase in the price of the vaccine would be necessary.In order to communicate the price change to its own sales people, Lederle's Price Manager prepared “PRICE LETTER NO. E-48.”This document was dated May 19, 1986, and indicated that effective May 20, 1986, the price of the DTP vaccine would be raised from $51.00 to $171.00 per vial. Price letters such as these were routinely sent to Lederle’s sales force, but did not go to customers. Corinthian Pharmaceutical did not know of the existence of this internal price letter until a Lederle representative presented it to Corinthian several weeks after May 20, 1986.Additionally,Lederle Labs also wrote a letter dated May 20, 19860 to its customers announcing the price increase and explaining the liability and insurance problems that brought about the change. Corinthian somehow gained knowledge of this letter on May 19, 1986, the date before the price increase was to take effect. In response to the knowledge of the impending price increase, Corinthian immediately ordered 1,000 vials of DTP vaccine from Lederle. Corinthian placed its order on May 19, 1986, by calling Lederle's “Telgo”system. The Telgo system is a telephone computer ordering system that allows customers to place orders over the phone by communicating with a computer. After Corinthian placed its order with the Telgo system, the computer gave Corinthian a tracking number for its order. On the same date, Corinthian sent Lederle two written confirmations of its order. On each form Corinthian stated that this “order is to receive the $64.32 per vial price.”On June 3, 1986, Lederle sent invoice 1771 to Corinthian for 50 vials of DTP vaccine priced at $64.32 per vial. The invoice contained the standard Lederle conditions noted above. The 50 vials were sent to Corinthian and were accepted. At the same time, Lederle sent its customers, including Corinthian, a letter regarding DTP vaccine pricing and orders. This letter stated that the “enclosed represents a partial shipment of the order for DTP vaccine, which you placed with Lederle on May 19, 1986.” The letter stated that under Lederle's standard terms and conditions of sale the normal policy would be to invoice the order at theprice when shipment was made. However, in light of the magnitude of the price increase, Lederle had decided to make an exception to its terms and conditions and ship a portion of the order at the lower price. The letter further stated that the balance would be priced at $171.00, and that shipment would be made during the week of June 16. The letter closed, “If for any reason you wish to cancel the balance of your order, please contact [us] ... on or before June 13.”Based on these facts, Corinthian brings this action seeking specific performance for the 950 vials of DTP vaccine that Lederle Labs chose not to deliver.…Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”...DISCUSSIONDespite the lengthy recitation of facts, this is a straightforward sale of goods problem resembling those found in a contracts or sales casebook. The fundamental question is whether Lederle Labs agreed to sell Corinthian 1,000 vials of DTP vaccine at $64.32 per vial. As shown below, the undisputed material facts mandate the conclusion as a matter of law that no such agreement was ever formed.A. Lederle Labs Never Agreed to Sell 10 000 Vials at the Lower PriceInitially, it should be noted that this is a sale of goods covered by the Uniform Commercial Code, and that both parties are merchants under the Code.... The starting point in this analysis is where did the first offer originate. An offer is “the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.” Restatement (Second), Contracts §4. The only possible conclusion in this case is that Corinthian's “order” of May 19, 1986, for 1,000 vials at $64.32 was the first offer. Nothing that the seller had done prior to this point can be interpreted as an offer.First, the price lists distributed by Lederle to its customers did not constitute offers. It is well settled that quotations are mere invitations to make an offer, …Corbin on Contracts §§26, 28 (1982), particularly where, as here, the price lists specifically stated that prices were subject to change without notice and that all orders were subject to acceptance by Lederle. Second, neither Lederle's internal price memorandum nor its letter to customers dated May 20, 1986, can be construed as an offer to sell 1,000 vials at the lower price. There is no evidence that Lederie intended Corinthian to receive the internal price memorandum, nor is there anything in the record to support the conclusion that the May 20, 1986, letter was an offer to sell 1,000 vials to Corinthian at the lower price. If anything, the evidence shows that Corinthian was not supposed to receive this letter until after the price increase had taken place. Moreover, the letter, just like the price lists, was a mere quotation (i.e., an invitation to submit an offer) sent to all customers. As such, it did not bestow on Corinthian nor other customers the power to form a binding contract for the sale of one thousand, or, for thatmatter, one million vials of vaccine.Thus, as a matter of law, the first offer was made by Corinthian when it phoned in and subsequently confirmed its order for 1,000 vials at the lower price. The next question, then, is whether Lederle ever accepted that offer.Under the Code, an acceptance need not be the mirror-image of the offer. U.C.C. §2-207. However, the offeree must still do some act that manifests the intention to accept the offerand make a contract. Under §2-206, an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances. The first question regarding acceptance, therefore, is whether Lederle accepted the offer prior to sending the 50 vials of vaccine.The record is clear that Lederle did not communicate or do any act prior to shipping the 50vials that could support the finding of an acceptance. When Corinthian placed its order, it merely received a tracking number from the Telgo computer. Such an automated, ministerialact cannot constitute an acceptance. Thus, there was no acceptance of Corinthian's offer priorto the delivery of 50 vials.The next question, then, is what is to be made of the shipment of 50 vials and the accompanying letter. Section 2-206(b) of the Code speaks to this issue:[A]n order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipmentof conforming or non-conforming goods, but such a shipment of non-conforming goods doesnot constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.§2-206 (emphasis added). Thus, under the Code a seller accepts the offer by shipping goods, whether they are conforming or not, but if the seller ships non-conforming goods and seasonably notifies the buyer that the shipment is a mere accommodation, then the seller has not, in fact, accepted the buyer's offer.... The accommodation letter, which Corinthian is sureit received, clearly stated that the 50 vials were being sent at the lower price as an exceptionto Lederle's general policy, and that the balance of the offer would be invoiced at the higher price. The letter further indicated that Lederle's proposal to ship the balance of the order atthe higher price could be rejected by the buyer.... Where, as here, the notification is properly made, the shipment of nonconforming goods is treated as a counteroffer just as at common law, and the buyer may accept or reject the counteroffer under normal contract rules.Thus, the end result of this analysis is that Lederle Lab's price quotations were mere invitations to make an offer, that by placing its order Corinthian made an offer to buy 1, 000 vials at the low price, that by shipping 50 vials at the low price Lederle's response was non-conforming, but the non-conforming response was a mere accommodation and thus constituted a counteroffer. Accordingly,there being no genuine issues of material fact onthese issues and the law being in favor of the seller, summary judgment must be granted for Lederle Labs.... For all these reasons, the defendant's motion for summary judgment isgranted.1.What is the procedural context of this matter heard before the court, and in whichcourt is this matter brought for it?2.Describe the issue for the court to decide.3.Describe the trial court’s holding.4.Was Plaintiff placing an order of 1000 vials on May 19, 1986, for a price of $64.32per vial, an acceptance of Plaintiffs offer? What is the legal effect of Plaintiffsplacement of such an order?5.Describe the legal rule applied to resolve the issue.2019年5月（试卷二）汉译英部分Part Ⅱ. Translation(40 points)1) Please translate the following paragraphs into English:《中华人民共和国外商投资法》(2019年3月15日第十三届全国人民代表大会第二次会议通过)第一章总则第一条为了进一步扩大对外开放,积极促进外商投资,保护外商投资合法权益,规范外商投资管理,推动形成全面开放新格局,促进社会主义市场经济健康发展,根据宪法,制定本法。

法律英语证书（LEC）考试试题库法律英语试题库说明:法律英语试题库共分两部分～第一部分为普通法律英语部分～侧重对一般法律英语知识的相关词汇、语篇阅读分析能力、法律翻译能力掌握情况的考察。

第二部分为涉外法律英语部分～侧重对涉外法律知识的相关词汇、语法、涉外法律文书及其法律翻译能力的考察。

Part One:普通法律英语部分I(Match each of the following numbered definitions with the correct term in the list below, Write the letter of your choice in the answer column.Exercise 1A. defendant F. adjudicateB. allegation G. reviewC. case law H. plaintiffD. law I. Common LawE. statutory law J. Jurist( )1. Judicial re examination of the proceedings of a court or other body; a reconsideration by the same court or body of its former decision. ( )2. Rules of conduct applicable to all people and enforceable in court.( )3. To decide a matter by legal means; for example, court, mediation, arbitration.( )4. The party being sued or tried in either civil or criminal action. ( )5. The major source of law in the U. S. A. or the U K; based on old English Law.( )w established by Congress, stare legislatures or any other law making bodies.( )7.A person who has a substantial knowledge of law and who has written extensively on legal matters; for example, judges, professors, and so on. ( )8. The party who initiates an action at law (law suit). ( )9. Law based on court decisions.( )10. A statement or charge made in a pleading which one intends to prove by legal evidence.Exercise 21A executive branch F devolutionB. federal G. defamationC. legislation H. legislative branchD. confederation I. allegationE. judicial branch J. constitution. Laws or written rules which are passed by Parliament and ( )11 implemented by the courts.( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, andadjudicating rights and duties of others involved in disputes. It interprets and applies the Law.( )13.A written document defining fundamental legal principle for governance of the people. It may include grants of power and limitations of power.( )14.Passing of power to govern or to make decisions from a central authority to a local authority.( )15.The government department that is responsible for carryinglaws into effect.( )16.Group of independent states or organizations working together for common aims.( )17.The government department that is responsible for enacting statutory laws.( )18.Refers to the U. S government and its activities. The United States is a federation of 50 sovereign states.( )19.In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.( )20.False statement, either oral or written, which tends to injure the reputation of the victim. It may be civil as well as criminal.Exercise 3A(separate property F. adulteryB(bigamy G. beneficiaryC(custody H. separationD(heir I. necessariesE(nonsupport J. guardian( )21. A situation in which parties are not living together but otherwise have legal duties of husband and wife.( )22. The care and possession of minor children of a marriageduring a divorce proceeding and after divorce is final.( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.2( )24. A person appointed by the court to supervise and take care of another.( )25. Failure to contribute money, in accordance with one's ability, to the maintenance of a parent as required by law.( )26. Goods and services ordinarily required by and appropriate toan incompetent person's station in life, yet not available or providedby parent or guardian.( )27. The crime of being married to two or more persons at the same time.( )28. Sexual intercourse by a married person with someone otherthan the offender's spouse.( )29. Anyone who has a legal right to inherit the property of another. ( )30. Anyone who benefits under the terms of a will.Exercise 4A. proprietor F. dividendsB. limited partner G. general partnerC. dissolution H. proxyD. quorum I. liquidationE. merger J. subsidiary( )31. A person who conducts the business of a partnership and has unlimited Liability.( )32. A person who is the sole owner of a business.( )33. A company owned (by a majority of shares or interest) and controlled by another company.( )34. A combination of two or more corporations whereby one remains a legal entity and the other is absorbed.( )35. A person who invests capital and shares in the profits of the partnership but whose liability and share of profits are limited by the amount invested.( )36. The sale and/or distribution of the assets of a business to settle its accounts with creditor and/or stockholders.( )37. The termination of the existence of a legal entity, such as a partnership or a corporation.( )38. A portion of corporate profits divided among the share-holders, in cash and/or stock.( )39. The number of members who must be present at a meeting for business to be transacted; a majority.( )40. The authorization for another to act for a shareholder at a meeting; also, the paper granting the authority.II. Choose the right word from the list given below for each blank. Change the form of the word if necessary. (15’)3Exercise 1Institution foundation startprovision statute knowcode experience jurisdictionstill-survive judicature advocateas exercise regardWe are about to pass into a world governed by _41__; and a few words will not be out of place as to the way in which codes are__42_in the countries where they form the __43__of the national law. In the first place a code is supposed, in theory at least, to provide a fresh__44_in all those parts of the law with which it deals. It is not conceived as resting upon a presupposed and__45_common law, but as standing upon its own foundations, _46__does, for example with us, a__47_introducing a novel principle, such as Workmen's Compensation. We shall not find in a continental code such language as that used in the Supreme Courtof_48__Act, 1925, where the jurisdiction of the High Court is defined as including "the _49___which was formerly vested in, or capable ofbeing__50_ by, all or any of the courts following ..." It was the intention of the authors of the French Civil Code that it should be interpreted only in the light of its own__51_and definitions. One of theearly commentators, Bugnet, said: “know nothing of civil law; I only teach the Code Napoleon."A very short__52_, however, was enough to show that this idea was impossible of realization. The judges and _53__, to say nothing of the not less important legal authors, whose task it was to expound and to apply the new Code, could not have done their work had they not been familiar with the old technical terms it adopted, and with the_54__which in substance it reproduced. Whatever pretence they might make of looking only to the text of the Code, they could not empty their minds of a large body of relevant professional knowledge, _55__ of something which we may, without great error, call the common law of France -- or atleast the common law of Paris.Exercise 2disputes justice pursuitprocedure plaintiff rootsprocedural reliance meansadversary jurisdictions claimsjudgment parties opposingIn all jurisdictions there is general agreement that the goal ofcivil _56_ is the just, prompt, and inexpensive determination of _57_ before the courts. There is similar agreement that _58_ of this goal requires4that the law of procedure provides some _59_ for performing each of the following basic functions: notifying the defendant that the _60_ is bringing suit, informing each party of the _61_ and contentions of the other, determining the nature of the dispute and the issues between the _62_, ascertaining the facts, deciding which principles of law govern the case, applying the law to the facts to reach a _63_, giving the judgment effect in some practical way, and having the official actions of lower courts checked by higher courts. With very few exceptions, the differences that exist in the _64_laws of the various_65_ are only differences with respect to the means chosen to perform one or more of these functions. In addition, American rules of procedure, with the exception of those in effect in Louisiana, have their _66_ in the early English common law. Consequently, most differences are not differences in kind; they are differences in the degree of evolution from early common law concepts. Finally, in all of our jurisdictions much _67_ is placed on the assumption that if each of the_68_ parties takes the steps and advances the propositions that appear to him or her to best serve his or her own cause, truth and _69_ will emerge. Because of this characteristic, our system is often referred to as the _70_ system.Exercise 3for court celebratinglater patted rejecteddrunk her withprison searched ofprosecutor declaring bothOne evening police officers saw a man and woman running down a street. The police __71__ them. The woman had a bag of money in her hand and a bulge in __72__jacket. They patted her down and found a gun. Then they __73__ down her companion; they found nothing. They took __74__ to the station, booked them and arrested them for armed robbery. Back on patrol __75__ that night they saw a group of rowdy college students__76__ a football victory. The group was in a quiet neighborhood. The two officers told the youths to “keep quiet”. Still later, they saw a __77__ stumbleand fell down; they took him to a nearby shelter.A few days later, a __78__ charged the two armed robbery suspects__79__ robbery, according to the state's criminal code. The woman went to __80__ ;the jury acquitted her because the only eyewitness died__81__ a heart attack the morning of the trial. After charging her companion, the prosecutor offered the male suspect a “deal.” In exchange __82__a plea of guilty, the prosecutor would reduce the charge to simple theft and ask the judge for a sentence to a newly instituted home confinement program instead of to prison. The man accepted the deal and pleaded guilty,5but the judge __83__ the request for home confinement. She sentenced the man to __84__ for two years. Because of good behavior and a courtorder __85__ the overcrowded prison to be in violation of the Constitution, prison officials released the man after six months, judging that he wouldnot seriously endanger the community.III. Vocabulary and StructureA. Match the words on the left with their definitions on the right.(8 points)86. strategy a) a legally registered design naming the originaldesigner as owner of the design87. tedious b) the name of a product or sometimes the name ofa company88. brief e) a memorable sentence used to advertise aproduct89. brand d) not very interesting and often repetitive90. e) tell someone about something, usually inshareholder connection with work91. slogan f) an owner of shares in a business92. spam g) junk mail93. patent h) a general plan intended to achieve somethingover a period of timeB. Complete the following sentences, using the appropriate phrasal verbs from the box below. Remember to put the verbs in the correct form. You should refer to the company structure of ABM plc for questions 1-3.(7 points)report to take off set up see to consist ofturn off do without put to go through694. ABM plc ______ four departments.95. Helen Grey ______ to the Personnel Manager.96. John Ross _______ the Maintenance Section.97. _______ the gas before you inspect the back of the cooker. 98. After inheriting a lot of money he decided to ______ his own business.99. I would like to _______ the sales figures with you and find out where the mistakes are.100. We really can't ________ his expert knowledge. Well have to reschedule the meeting to suit him.(三)Choose a word from the box for each space in the Exercise below. Remember to put the words in the correct form.manage post reference to arrangereach enclose require private moreoverstudy enable would particularly available46 Potters LaneWaltonLeicestershire23 April 2002 Mr Peter SellersDirector Human ResourcesCarney and Denham Consultants72 Cromwell RoadNottingham NT7 9GHDear Mr SellersWith 101 to your advertisement in the Independent on 21 April, I would like to apply for the 102 of Project Manager with your company.I am 35 years old and 1 have considerable experience in engineeringin both the public and 103 sector managing overseas construction projects. 104 , I have recently completed a course on Management and Communication and I am currently 105 for an MA degree in Engineering Management. This experience bas 106 me to develop the necessary leadership and Communication skills to 107 multidisciplinedconstruction teams. I am 108 interested in the position you are offering as I 109 like to become more involved with building refurbishment projects.I would be grateful if you could 110 an interview as soon aspossible as I am going abroad next month. I can Be 111 at the above address. I am 112 to start work from I June. Please find 113 my CV.Please do not hesitate to contact me if you 114 any furtherinformation.I look forward 115 heating from you.Yours sincerelyAnne ALexanderAnne Alexander (Ms)8IV. Read the materials and answer the following questions:Exercise 11. Read the following text and answer questions 116-120.Sometimes you might be asked to go to a selection or assessment centre. This is an extended interview which is made up of a series of group activities, rests and presentations. You will be assessed throughout the day by assessors who will be looking to see how well you work in a ream, whether your communication skills are good and whether you can work to deadlines. Team work is important. You don't do yourself any favors by trying to take over the group, but at the same time, don't sit back and let everyone else do the work.Don’t panic if you're asked to do a presentation on something you don't know much about as the way you give the presentation is often more important than the content itself. You should practice beforehand so you know how long the presentation takes. The best advice on dealing with a selection centre is to give it your best shot. If you sit timidly in the corner, the assessor cannot make any judgment about you.When you take a personality test, which is designed to find outabout your personality and character, what your values are and what motivates you, don't worry about answering questions incorrectly thereis usually no right or wrong answers. Answer the questions honestly and positively. There is no point in trying to give the answers you think the employer will want because firstly you might have the wrong ideaabout what the employer is looking for, and secondly, you don't want 1o gel tile job and spend the ensuing months trying to be someone whoyou're not. 116. What is the Exercise mainly concerned with?9117. How should you behave during the day at the selection centre? 118. How should applicants approach giving presentations?119. Does it matter if you answer questions incorrectly in a personality test? Why?120. What does the author say about lying in a personality test?Exercise 2Despite the attention paid within advertising agencies to the whole business targeting specific groups, there have been some spectacular failures to get it right when companies have tried to go international or global with their products. This has been for a variety of reasons. Sometimes, the brand name of the product has unfortunate associations when translated into foreign languages. Looking at this area can illustrate how powerful the operation of connotation is --the way in which words can call up associations in our minds. Because of the way we make connections between words and particular ideas, feeling and experiences, brand names are crucial for advertisers. They are very economic, acting as little concentrated capsules of meaning. Where advertisers get it right, readers will do the work to generate all the intended connotations.There are whole companies who specialize in offering research onbrand-name connotations to product manufacturers looking for a name fora new product, or looking at how best to market an existing product to new, foreign audiences. These companies—for example Inter-brand, and The Brand-naming Company typically organize brainstorming sessions where they ask groups of people to let their imaginations ‘roam free’, from which meetings they arrive at shortlists of names whosesuitability is then researched further. Names on the shortlists have to pass certain10tests: for example, that they are not too close to existing names; that they are pronounceable in all the world's major languages; thatthey have the right connotations. The latter, however, is a complex area. Even within one language, connotations can be about quite subtle distinctions. For example, when Pickfords Travel merged with Hogg Robinson two years ago, the shortlist for the new company had two main contenders: 'Destinations' ,arid 'Going Places'. The new company chose the latter, deciding that 'destinations' tended to suggest long haul flights to farflung places travel for the privileged. 'Going Places', on the other hand, was thought to describe all sorts of travel andtherefore be more suitable for the mass market, which was the company’s target.2. Mark statements 121-125 True or False according to theinformation provided in the text above.121. This Exercise is mainly about how to choose names for companies wishing to go global.122. Good names make the right connection between words and ideas. 123. ‘Going Places' is used as an example to show how hard it is to choose a name for a company.124. ‘Destinations' is likely to appeal to wealthy travelers. 125. One technique brand name consultants often use is to invite people to freely suggest any names on their mind.Exercise 3Material 1: Jurisprudence: An Overview11The word jurisprudence derives from the Latin term jurisprudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. Thefirst and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and thesocial sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as what is law? How do judges (properly) decide cases?Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevantlegal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist andnatural12law schools of thought. Positivists argue that there is no connection between law and morality and the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy; religion, human reason and individual conscience are also integrating parts of the law.There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think about jurisprudence as a continuum.The above-mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.Material 2: Legal PhilosophyJurisprudence is the philosophy of law and of the legal system.There are many ways of classifying legal philosophy or jurisprudence. The four major schools of thought are natural law, positive law, sociological jurisprudence and legal realism.The natural law school of thought feels that the legal system should model the relationships found in nature and believe in the innate goodness of man.13The natural law school of thought began during the fifth century B.C. and states that there exists a sense of what is just and right in nature separate and distinct from the rules that may be developed by a state.Aristotle asserted that law existed in nature and could beascertained by man's exercise of his power to reason. The Stoic schoolelaborated on and expanded on the ideas of Aristotle in the thirdcentury B.C. Duringgentium (the law of nations) was the Roman period the concept of jus similar to the earlier Greek natural law theories.St. Thomas Aquinas combined the Greek and Roman schools of thoughtinto a Christian view that God reveals natural law to man through man's ability to reason. John Locke argued that man had a "bundle" of rights, only some of which he surrendered to the state in order to live in an organized society. According to Locke, the individual retained the remaining rights in the bundle. This view is recognized in the Tenth Amendment to the United States Constitution. 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.Beginning with the nineteenth century, there was a move away from reliance on natural law toward the concept of positive law. Natural law takes the position that law is based on fundamental truths. Thisposition is more a statement of faith than an assertion of fact. The advocates of positive law (sometimes called legal positivism oranalytical jurisprudence) believe that law should be more scientific and less reliant on blind faith. Thus, positive law deals with axioms and attempts to develop a legal system based on logic rather than on beliefs.Legal positivism originally developed in Europe. The legalpositivists believe that there is no law unless and until laid down by a sovereign. (The sovereign can be either a person or an institution. ) Asa result, positive law can be distinguished from morality because morality does not come from the sovereign, while law is, or at least should be, handed down by the sovereign. There are four basic components of legal positivism:1. Law consists of rules.2. Law is different from morals.3. The sovereign establishes the rules.4. Legal rules carry sanctions.Legal positivism is best exemplified in the views of Hans Kelsen andH. L. A. Hart. Kelsen was born in Austria in 1881 and served on the law14faculties of many European universities before immigrating to the United States in 1940. Kelsen viewed the law as being self-supporting and not dependent on any external values. He said, "A norm becomes a legal norm only because it has been constituted in a particular fashion, born of a definite procedure and definite rule. Law is valid only as positive law, that is, statute (constituted) law". In Kelsen's view, therefore, all the actions of any given government are valid so long as those actions are recognized as valid by statute within that country. Hart, on the other hand, expands this somewhat narrow view. Hart rays that the law must treat all like cases alike. He argues that legal positivism stands for the proposition that law does not necessarily have to relate to morality. To Hart, rules of law are more important than the process of how courts decide cases.The natural law proponents seem to have a "justification by faith" approach to jurisprudence. The advocates of legal realism have a seemingly coldhearted rationalism that rests on the effects of the law, with little apparent concern for what the law should be. A third school of legal thought adopts a position somewhat between these two previous schools of thought. This third school --sociological jurisprudence -- is concerned with the effects of law, but it is also concerned with the justifications and reasons that underlie the enactment of the law. Its supporters observe, analyze, and justify both the justifications for the law and the effects of the law by applying the modern tools of psychology, sociology, and anthropology. Proponents of sociological jurisprudence believe that a law must be properly justified and have an appropriate effect in the society, based on the societal values andgoals of the given populace.The American legal philosophy can best be described as legal realism. Legal realism can be viewed as being on the opposite end of thepolitical spectrum from legal positivism. Legal realism has its roots in natural law, but it tries to take the "human element" into account, rather than relying on the innate nature of the universe as ajustification or explanation for the legal system. Natural law consists of four basic elements:1、 Law is based on the nature of man.2. Legal rights can be discovered by the exercise of reason.3. Law is constant.4. Legal principles must be just and fight.Legal realists have a somewhat more open view of the law, feeling that law reflects what "is" and not what it "ought" to be. Accordingly, legal realism can be viewed as consisting of two parts:1. The law is a social process, not a body of "rules".152. Law is what legal decision makers actually do about the statutes and rules.Legal realists concentrate on natural law than on rules. Legalrealists believe that law is based on the nature of man, but they also recognize that law is a social process based on logic, so thatlegal rules need to be just and fight.Each of the four schools has strong proponents and each has strong opponents. An application of each theory to the same set of facts leads to several different results. An understanding of the philosophy of law in any region allows one to understand the government of that region and basic attitudes commonly held by people within that region.Answer the questions according to the given materials:126. Is there any difference between jurisprudence and legal philosophy?Why?127. How many schools of jurisprudence as you know? What?are the main legal ideas of the natural legal school? 128. What129. What are the main legal ideas of the positive legal school?。

《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。