高级法律英语水平考试样卷

法考英语试题及答案一、选择题（每题1分，共10分）1. The defendant in a criminal case is entitled to ________.A. a fair trialB. a quick trialC. a public trialD. all of the above2. Which of the following is NOT a fundamental principle of criminal law?A. the presumption of innocenceB. the right to legal representationC. the right to a jury trialD. the prohibition of double jeopardy3. The term "actus reus" refers to the ________.A. guilty mindB. guilty actC. guilty intentionD. guilty knowledge4. In legal terms, "mens rea" is the Latin term for ________.A. the actB. the crimeC. the intentD. the punishment5. The doctrine of "res ipsa loquitur" implies that ________.A. the burden of proof is on the defendantB. the facts speak for themselvesC. the defendant is presumed guiltyD. the plaintiff must prove intent6. Which of the following is NOT a type of legal document?A. summonsB. subpoenaC. indictmentD. invoice7. The right to remain silent is a protection against________.A. self-incriminationB. false accusationsC. harassmentD. defamation8. A "plea bargain" is an agreement between the defendant and the prosecution to ________.A. admit guilt in exchange for a reduced sentenceB. change the chargesC. request a new trialD. appeal the case9. The "exclusionary rule" in criminal procedure means that ________.A. evidence obtained illegally is admissibleB. evidence must be presented in a certain orderC. illegally obtained evidence is not admissible in courtD. evidence must be presented within a certain time frame10. The term "habeas corpus" is used to challenge ________.A. the legality of detentionB. the severity of a sentenceC. the validity of a convictionD. the appropriateness of a plea bargain二、填空题（每空1分，共10分）11. In a criminal trial, the burden of proof lies with the________.12. The term "due process" refers to the fundamental rights that must be respected in legal proceedings to ensure a fair trial.13. A "witness" is a person who has observed an event and can provide ________ testimony.14. The "right to confront" allows a defendant to ________ witnesses against them.15. A "class action" is a type of lawsuit in which a large group of people with similar claims sues as a single entity.16. The "Bill of Rights" is the first ten amendments to the U.S. Constitution, which includes protections for ________ rights.17. A "default judgment" is entered when the defendant fails to ________ in a lawsuit.18. The "emolument clause" in the U.S. Constitution prohibits government officials from receiving gifts from foreign entities.19. "Judicial review" is the power of the courts to determine the constitutionality of laws and government actions.20. "Probable cause" is the standard used to determine if there is sufficient reason to believe a crime has beencommitted and to justify ________.三、简答题（每题5分，共20分）21. Explain the concept of "double jeopardy" in criminal law.22. What are the rights of a defendant during a trial?23. Describe the process of a "grand jury" in the context of criminal law.24. What is the purpose of "voir dire" in a jury selection process?四、案例分析题（每题15分，共30分）25. A defendant is accused of a crime but has an alibi that places him in another city at the time of the crime. How might this affect the outcome of the trial?26. Discuss the implications of the "Miranda warning" for law enforcement and suspects during an arrest.五、论述题（30分）27. Discuss the importance of the "right to a fair and speedy trial" and how it is safeguarded in the legal system.答案：一、选择题1. D2. C3. B4. C5. B6. D7. A8. A9. C10. A二、填空题11. prosecution12. due process13. testimonial14. cross-examine15. legal16. fundamental17. appear。

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 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”language 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 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 hispreparation 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 citizenof 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 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 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（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。

Answers to sample TOLES Advanced examination paperQuestions 1-101. C 6. B2. D 7. D3. C 8. C4. A 9. A5. A 10. AQuestions 11-2011. treat 16. revoked/withdrawn12. case 17. offeree13. held 18. lapse14. bound 19. enforce15. tender 20. openQuestions 21-22These questions involve freehand writing, so there is no one correct answer. Credit is given for correct use of grammar, punctuation, vocabulary, register and consistency of style.Suggested answers:Question 21We will not publish any advertisement which may mislead readers into believing that the advertisement is a part of the nonadvertising section of this magazine.Question 22To qualify as a rate agreement under clause 2a:a)customers must be given a minimum of 30 days’ notice; andb)the agreement must be published in the way mentioned above [in this memo];andc)the commission has approved the agreement.The requirement to publish the agreement is unnecessary for emergency rates. Questions 23-3223. eligible 28. bankruptcy24. expressly 29. fiduciary25. intangible 30. permission/leave26. notice 31. libel27. nuisance 32. lieu33. to 38. in34. with 39. to35. in 40. on36. under 41. into37. of 42. byQuestion 43This question involves freehand writing, so there is no one correct answer. Credit is given for correct use of grammar, punctuation, vocabulary, register and consistency of style.Suggested answer:Dear SirsMr and Mrs Jacobson – 19 Wilson Close, Hove, BrightonWe act on behalf of Mr and Mrs Jacobson who purchased the above property 18 months ago. Prior to the purchase our clients instructed your firm to inspect the property and provide a detailed survey report.The report that you provided mentioned the condition of the roof, but your surveyor concluded that no work would be necessary for a period of 5 years following the date of the inspection. You also assured our clients that a full search had been carried out with the planning department of the county council and that nothing had been discovered that would have a detrimental effect on the property.In reliance upon your report, our clients purchased the property for £79, 950. Regrettable, they have since experienced several serious problems with the property, which are detailed below:•there has been a major leak into the property through the roof, causing significant damage to the interior. This has meant that the effected roomshave had to be redecorated.• a large proportion (30%) of the roof tiles have had to be replaced.•most damaging of all, a new main road is currently being constructed which will adjoin the garden of the property. This will cause much distress andinconvenience to our clients and will significantly reduce the value of theproperty.In our opinion our clients have a very strong case against your firm on the grounds that the survey report you provided to them was negligent. We have advised my clients to seek damages for professional negligence and legal proceedings will be issued in the near future. We ask that you kindly provide us with the name and address of your insurer as we will need to contact them in connection with this matter.Yours faithfullyThomas Bedford.44. relation 49. exchange45. satisfactory 50. substandard46. complicated 51. exceptions47. conversely 52. permit48. contractors 53. arrayQuestions 54-5954.stubborn, difficult to persuade him to change his opinion55.received a very unfavourable deal (usually financial)56.difficult time57.start talking or acting immediately, without thought58.to be undecided about something59.specify, identifyQuestion 60This question involves freehand writing, so there is no one correct answer. Credit is given for correct use of grammar, punctuation, vocabulary, register and consistency of style. Each of the underlined words or expressions must be explained clearly in plain English.Suggested answer:Hi FredNo problem – I’m always pleased to help a friend in need! The loan agreement is pretty complicated, so I’ve rewritten it for you. Have a look and if you still don’t understand anything, just give me a ring.See you soon for that beer – I think I’ve earned it!Cheers – Michale.This clause is talking about the things which are considered to be an event of default (that is, not carrying out the terms of the contract properly, so giving rise to the bank being able to end the loan agreement with you). By the way, the Lender is the bank and the Borrower is you.1.The following things are events of default:1.1.if you don’t pay (fail to pay) any amount of money that you have to pay onthe date it becomes payable (due) or according to the terms of this loanagreement1.2.if you don’t do what you’re supposed to, or don’t carry out or follow (complywith) all your duties in the right way and at the right time (duly andpunctually). If you don’t do something (other than not paying money), which the bank thinks can be put right (remedy) the bank can send you writtennotice requiring you to resolve the problem. You’ve then got 7 days fromreceiving that notice to fix the problem in a way the bank thinks is OK. Ifyou don’t resolve it in time, then you will be in default.1.3.This clause is talking about legal action being taken over your business. Itsays that if someone you owe money to (creditor) takes any part of yourassets or business, or if any legal court order is made against you or enforced against your assets or business, then this is an event of default. Execution is where your goods are taken and sold because you owe someone money.There’s an exception here – if you do as the order says and the order is lifted and you are released from it (discharged) within 14 days. You get a longer time period if you’re arguing against (contesting) the order at appeal.1.4.If you stop, or stop temporarily (suspend) paying your creditors, or any groupof them, or if you can’t pay any sums of money you owe (debts) (and thisincludes the case where the law considers (deems) this, even if you thinkotherwise), then this is an event of default. Similarly, if you try to enter into any kind of financial agreement with people you owe money to, or if you are officially declared not to have enough money to pay all your debts (bankrupt) 1.5.The last event of default is if anything happens that the bank thinks is enoughto believe that1.5.1. a significant (material) negative (adverse) change in your business orfinancial situation (present or future) has happened or1.5.2.your ability to carry out your duties under this agreement has been orwill be significantly and negatively affected.。

2024年司法考试卷三样题及详解英文版2024 Judicial Exam Paper Three Sample Questions and Detailed Explanation1. Discuss the principle of judicial review in the context of constitutional law.2. Analyze the elements of a valid contract under contract law.3. Explain the concept of vicarious liability in tort law and provide examples.4. Evaluate the role of precedent in the common law system and its impact on judicial decisions.5. Critically examine the doctrine of separation of powers and its significance in maintaining a democratic society.6. Compare and contrast the adversarial and inquisitorial systems of legal proceedings.7. Discuss the ethical considerations that lawyers must keep in mind when representing clients in court.8. Explore the concept of strict liability in criminal law and its application in various legal cases.9. Analyze the factors that contribute to a conflict of interest in the legal profession and how to address them.10. Examine the role of alternative dispute resolution mechanisms in reducing the burden on the judicial system.These sample questions cover a range of legal topics and require a comprehensive understanding of different areas of law. Prepare thoroughly by studying relevant case law and legal principles to succeed in the 2024 judicial exam.。

法律专业英语试题及答案一、选择题（每题1分，共10分）1. Which of the following is the correct translation of "plaintiff" in English?A. DefendantB. PlaintiffC. LitigantD. Juror2. The term "due process" refers to:A. The process of serving legal documentsB. The right to a fair and impartial trialC. The process of collecting debtsD. The process of issuing a warrant3. In legal terms, "precedent" means:A. A legal documentB. A previous case that can be used to decide a similar caseC. A legal principleD. A legal rule4. The phrase "pro se" is used to describe a person who:A. Represents themselves in courtB. Is a professional lawyerC. Is a legal assistantD. Is a legal expert witness5. Which of the following is not a type of legal document?A. ContractB. DeedC. WillD. Invoice6. The term "bail" refers to:A. A legal obligationB. A sum of money given to ensure the appearance of a defendant in courtC. A legal feeD. A court order7. "Statute of limitations" is a legal term that means:A. The deadline for filing a lawsuitB. The time limit for a court to make a decisionC. The time limit for a defendant to respond to a lawsuitD. The time limit for a witness to testify8. "Probate" is the legal process of:A. Filing a lawsuitB. Administering an estate after someone's deathC. Issuing a court orderD. Enforcing a contract9. The "Bill of Rights" is a term commonly associated with:A. The first ten amendments to the United States ConstitutionB. A list of legal rights in a contractC. A document outlining the rights of defendantsD. A set of rules for a court proceeding10. "Tort" is a legal term that refers to:A. A criminal actB. A civil wrong that can result in compensationC. A legal documentD. A type of contract二、填空题（每题1分，共10分）1. The legal term for a formal accusation against someone is a(n) _______.2. A(n) _______ is a person who has been granted permission to practice law.3. "Injunction" refers to a court order that requires someone to do, or not do, something.4. The process of a court determining the rights and obligations of parties in a dispute is called _______.5. "Affidavit" is a written statement of facts confirmed by the oath of the party making it, which is used as evidence in court.6. A(n) _______ is a legal document that outlines the terms and conditions of an agreement.7. The term "eminent domain" refers to the power of the government to take private property for public use.8. "Misdemeanor" is a(n) _______ crime, less serious than a felony.9. A(n) _______ is a legal document that proves ownership of property.10. "Litigation" is the process of taking a dispute to court to resolve it through a formal hearing.三、简答题（每题5分，共20分）1. Explain the concept of "double jeopardy" in legal terms.2. What are the main differences between civil law and common law systems?3. Describe the role of a judge in a criminal trial.4. What is the purpose of a "plea bargain" in the legal process?四、论述题（每题15分，共30分）1. Discuss the importance of legal ethics in the practice of law.2. Analyze the impact of globalization on the legal profession.五、翻译题（每题5分，共10分）1. 请将以下句子翻译成英文：“在法律面前，人人平等。

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。

法律英语考试试题及答案Introduction:Legal English plays a crucial role in the legal profession, as it requires a comprehensive understanding of legal concepts, terms, and vocabulary in both English and the specific legal system. This article will provide a detailed analysis of various legal English exam questions and their corresponding answers. Through this examination, readers will gain a deeper understanding of legal English and enhance their proficiency in this field.Question 1: Explain the term "due diligence" in the context of contract law.Answer:Due diligence refers to the careful and thorough examination or investigation undertaken by a party before entering into a contract. It involves a comprehensive analysis of the terms, conditions, and obligations set forth in the contract. The purpose of due diligence is to ensure that both parties have a clear understanding of their rights and responsibilities, as well as to identify any potential risks or liabilities associated with the contract. By conducting due diligence, parties can make informed decisions and minimize the possibility of disputes or legal issues arising in the future.Question 2: Discuss the concept of "force majeure" in international law.Answer:Force majeure, also known as an "act of God" or "superior force," refers to an unforeseeable event or circumstance that prevents a party fromfulfilling its contractual obligations. These events are typically beyond the control of the party involved and cannot be reasonably anticipated or avoided. Examples of force majeure events may include natural disasters, wars, riots, or government actions. In international law, force majeure clauses are commonly included in contracts to protect parties from the consequences of unforeseen events. These clauses typically provide relief or exemption from contractual obligations in the event that a force majeure event occurs, allowing the affected party to suspend or terminate their obligations under the contract.Question 3: Define the term "judicial precedent" in common law systems.Answer:Judicial precedent, also known as stare decisis, is a fundamental principle in common law systems. It refers to the legal doctrine in which the decisions made by higher courts become binding on lower courts within the same jurisdiction. Under this principle, lower courts must follow the legal reasoning and interpretations of the higher courts in previous cases that are similar in nature. Judicial precedent ensures consistency, predictability, and stability in the legal system, as it allows for the uniform application of the law and the development of legal principles over time. However, it is important to note that judicial precedent can be overruled or distinguished when there are significant differences in factual circumstances or legal principles involved.Question 4: Explain the concept of "vicarious liability" in tort law.Answer:Vicarious liability is a legal principle that holds one party responsible for the actions or omissions of another party, even if they themselves did not commit any wrongdoing. This concept often arises in employer-employee relationships, where employers can be held liable for the actions of their employees performed within the scope of their employment. Vicarious liability is based on the idea that employers have a duty of care to ensure that their employees act responsibly and do not cause harm to others. By imposing vicarious liability, the law aims to provide a remedy for victims and encourage employers to exercise proper control and supervision over their employees.Conclusion:Understanding legal English is crucial for professionals in the legal field, as it enables effective communication and interpretation of legal concepts and principles. This article has provided an insightful analysis of various legal English exam questions, encompassing contract law, international law, common law systems, and tort law. By gaining a comprehensive understanding of these topics, aspiring legal professionals can enhance their knowledge and proficiency in legal English, thus paving the way for successful careers in the legal industry.。

2024高三英语法律英语单选题30题1. In a court case, the ______ presents the case against the defendant.A.prosecutorB.defenderC.judgewyer答案解析：A。

prosecutor 是检察官，在法庭案件中负责起诉被告；defender 是辩护人；judge 是法官，负责主持审判；lawyer 是律师，可以是检察官也可以是辩护人。

在这个句子中，呈现针对被告案件的是检察官。

2. A written statement made under oath is called a ______.A.testimonyB.affidavitC.statementD.declaration答案解析：B。

affidavit 是宣誓书；testimony 是证词；statement 是陈述；declaration 是宣言。

在法律场景下，书面的、经宣誓的声明叫宣誓书。

3. The person who is accused of a crime is called the ______.A.accuserB.accusedC.prosecutorD.defendant答案解析：D。

defendant 是被告；accused 也是被告，但这个词通常作后置定语；accuser 是原告；prosecutor 是检察官。

被指控犯罪的人是被告。

4. A decision made by a judge is called a ______.A.rulingB.decisionC.judgmentD.opinion答案解析：C。

judgment 是判决；ruling 通常指的是裁定；decision 是决定；opinion 是意见。

法官做出的决定叫判决。

5. The place where a trial takes place is called a ______.A.courtroomB.courthousewcourtD.judicial hall答案解析：A。

2023年司法考试卷二样题及解答英文版2023 Judicial Examination Paper II Sample Questions and Answers1. Question: Discuss the concept of judicial review and its significance in the legal system.Answer: Judicial review is the process by which courts review the actions of the executive and legislative branches of government to ensure they are in line with the constitution. This concept is vital in upholding the rule of law and maintaining the balance of power within a legal system.2. Question: Explain the doctrine of stare decisis and its role in common law systems.Answer: Stare decisis is a legal principle that requires courts to follow the precedents set by higher courts when deciding similar cases.This doctrine is essential in common law systems as it promotes consistency, predictability, and fairness in the judicial process.3. Question: Analyze the difference between civil law and common law legal systems.Answer: Civil law systems are based on codified laws and statutes, while common law systems rely on judicial decisions and precedents. Civil law systems are more structured and rely on the interpretation of written laws, whereas common law systems prioritize flexibility and the evolution of legal principles through case law.4. Question: Discuss the principle of separation of powers and its importance in democratic societies.Answer: The principle of separation of powers divides governmental authority among three branches – the executive, legislative, and judicial – to prevent any one branch from becoming too powerful. This principle is crucial in democratic societies to ensurechecks and balances, protect individual rights, and prevent abuse of power.5. Question: Evaluate the role of international law in shaping domestic legal systems.Answer: International law influences domestic legal systems by providing standards for state behavior, regulating global interactions, and promoting cooperation among nations. Domestic legal systems often incorporate international law principles through treaties, conventions, and customary practices to ensure compliance with global norms.6. Question: Examine the concept of human rights and the challenges in their enforcement.Answer: Human rights are inherent entitlements that protect individuals from discrimination, oppression, and abuse. However, challenges in enforcing human rights arise due to cultural differences, political obstacles, lack of resources, and resistance from authoritarianregimes. Efforts to uphold human rights require international cooperation, advocacy, and legal mechanisms.7. Question: Describe the role of alternative dispute resolution methods in relieving court congestion and promoting access to justice.Answer: Alternative dispute resolution methods, such as mediation and arbitration, offer parties efficient and cost-effective ways to resolve conflicts outside of traditional litigation. These methods help alleviate court congestion, reduce backlog, and provide individuals with greater access to justice by offering flexible and collaborative solutions to disputes.8. Question: Identify the ethical considerations that legal professionals must uphold in their practice.Answer: Legal professionals are bound by ethical duties to uphold justice, integrity, confidentiality, and loyalty in their practice. They must adhere to professional standards, maintain client confidentiality, avoidconflicts of interest, and prioritize the interests of justice and fairness in their legal representation.These sample questions and answers provide a comprehensive overview of key legal concepts and principles relevant to the 2023 Judicial Examination Paper II.。

法律英语试题库及答案一、单选题（每题2分，共20分）1. Which of the following is the correct translation of "plaintiff" in legal English?A. 被告B. 原告C. 证人D. 律师答案：B2. The term "due diligence" in legal context typically refers to:A. 尽职调查B. 尽责调查C. 尽职尽责调查D. 尽职尽责尽责调查答案：A3. In legal English, "contract" is often used to refer to:A. 合同B. 契约C. 协议D. 协议书答案：A4. The phrase "in consideration of" is commonly used in legal documents to mean:A. 鉴于B. 考虑到C. 由于D. 因为答案：B5. Which of the following is not a type of intellectual property?A. 商标B. 专利C. 版权D. 商业秘密答案：D6. The term "tort" in legal English refers to:A. 侵权行为B. 犯罪行为C. 合同违约D. 民事纠纷答案：A7. "Jurisdiction" in legal English means:A. 管辖权B. 审判权C. 执行权D. 立法权答案：A8. The abbreviation "LLC" stands for:A. Limited Liability CompanyB. Limited Legal CompanyC. Legal Liability CompanyD. Legal Limited Company答案：A9. "Probate" in legal English refers to the process of:A. 遗嘱认证B. 遗嘱执行C. 遗嘱公证D. 遗嘱登记答案：A10. "Statute" in legal English is used to denote:A. 法规B. 法律C. 法令D. 条例答案：B二、填空题（每题2分，共20分）1. The legal term for a formal written statement submitted toa court is a(n) _____________.答案：brief2. A(n) _____________ is a legal document that outlines the terms and conditions of a contract.答案：agreement3. The process of challenging the validity of a will is known as _____________.答案：contest4. A(n) _____________ is a legal professional who represents clients in court.答案：attorney5. The term _____________ refers to the legal principle that no one may profit from their own wrongdoing.答案：unclean hands6. A(n) _____________ is a legal document that grants a person the authority to act on behalf of another.答案：power of attorney7. The legal term for a formal written request to a court is a(n) _____________.答案：petition8. A(n) _____________ is a legal document that provides evidence of a debt.答案：promissory note9. The legal term for a formal written order from a court is a(n) _____________.答案：decree10. A(n) _____________ is a legal document that outlines the terms and conditions of a sale of real estate.答案：deed三、判断题（每题2分，共20分）1. The term "lien" in legal English refers to a legal claim on property to secure the payment of a debt. (对/错)答案：对2. "Negligence" in legal English means the failure to exercise reasonable care, resulting in harm to another. (对/错)答案：对3. "Indemnity" in legal English refers to the right to be compensated for a loss or damage suffered. (对/错)答案：对4. A "writ" is a legal document issued by a court that ordersa person to do or refrain from doing a specific act. (对/错) 答案：对5. "Affidavit" in legal English is a written statement of facts voluntarily made by a person under oath. (对/错)答案：对6. "Misdemeanor" in legal English refers to a less serious crime than a felony. (对/错)答案：对7. "Arbitration" is a form of alternative dispute resolution where a neutral third party makes a binding decision. (对/错) 答案：对8. "Eminent domain" refers to the power of the government to take private property for public use without compensation. (对/错)答案：错9. "Venue" in legal English refers to the geographical location where a legal action is brought. (对/错)答案：对10. "Custody" in。