法律英语证书(LEC)全国统一考试

中国政法大学法律英语培训课程一、项目简介当前，随着我国经济改革开放的逐步深入，与世界同步成为我国经济社会发展的突出特点，政府及民间的各类政治、经济交往不断加深，并产生了大量的政府间、民商事国际法律事务。

而涉外法律事务也将逐渐成为我国律师业务新的增长点，同时也对我国的律师群体提出的新的执业能力要求。

为进一步提升律师涉外执业能力，满足涉外法律事务的要求，中国政法大学继续教育学院联合法律英语证书（LEC）全国统一考试委员会针对执业律师及实习律师提供专业法律英语培训系列课程。

二、培养目标1、对英美法律及WTO部分规则进行深入的了解与掌握，并初步具备实际操作能力；2、在课程学习的基础上，使英语成为律师开展涉外业务的必要交流手段和基本工具。

三、法律英语证书简介：法律英语证书（Legal English Certificate，简称LEC）考试由法律英语证书全国统一考试委员会依托中国政法大学和北京外国语大学具体组织考试，旨在为从事涉外业务的企业、律师事务所提供招募国际性人才的客观标准，同时督促国内法律从业人员提高专业英语水平。

该考试的题型、考察内容与美国的律师资格考试相近，同时又突出了法律英语语言运用的特色，并结合中国的实际增加了法律英语翻译测试。

考试分试卷一和试卷二，各需三个小时完成。

试卷一为多项选择题，包括美国法基本知识和逻辑推理，内容涉及美国宪法、合同法、财产法、知识产权法、侵权法、商事组织法、民事程序法、刑法及刑事程序法等；试卷二是主观题，包括案件阅读、翻译和法务写作三项，其中法务写作将重点考察Law Office Memo, Brief 及律师信函的写作格式及写作内容。

法律英语证书考试属水平考试，满分为200分。

130分以上，且主、客观两卷得分分别不低于60分为及格标准；170分以上，且主、客观两卷得分分别不低于80分为优秀。

该考试证书是从事涉外法律服务工作人员的专业英语水平权威证明；该考试证书也是赴美攻读法学专业，及取得美国律师职业资格的可靠保证。

合同法CONTRACTSIn law, a contract is a binding legal agreement that is enforceable in a court of law or by binding arbitration. That is to say, a contract is an exchange of promises with a specific remedy for breach. Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance). The parties must have the necessary capacity to contract and the contract must not be either trifling, indeterminate, impossible, or illegal. Breach of contract is recognized by the law and remedies can be provided.As long as the good or service provided is legal, any oral agreement between two parties can constitute a binding legal contract. The practical limitation to this, however, is that only parties to a written agreement have material evidence (the written contract itself) to prove the actual terms uttered at the time the agreement was struck. In daily life, most contracts can be and are made orally, such as purchasing a book or a sandwich. Sometimes written contracts are required by either the parties, or by statutory law within various jurisdiction for certain types of agreement, for example when buying a house or land.Contract formationIn common-law systems, the five key requirements for the creation of a contract are:1. offer and acceptance (agreement)2. consideration3. an intention to create legal relations4. legal capacity5. formalitiesOffer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. As a contract is an agreement, an offer is an indication by one person (the "offeror") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree.Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it isaddressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound.The "expression" referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.Whether two parties have an agreement or a valid offer is an issue which is determined by the court using the Objective test (Smith v. Hughes). Therefore the "intention" referred to in the definition is objectively judged by the courts. In the English case of Smith v. Hughes the court emphasised that the important thing is not a party's real intentions but how a reasonable person would view the situation. This is due mainly to common sense as each party would not wish to breach his side of the contract if it would make him or her culpable to damages, it would especially be contrary to the principle of certainty and clarity in commercial contract and the topic of mistake and how it affects the contract. As a minimum requirement the conditions for an offer should include at least the following 4 conditions: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type ofservice. Without one of the minimum requirements of condition an offer of sale is not seen as a legal offer but rather seen as an advertisement.Acceptance is a final and unqualified expression of assent to the terms of an offer. It is no defense to an action based on a contract for the defendant to claim that he had not intended to be bound by the agreement, if his conduct demonstrated that he had.Rules of acceptanceThere are several rules dealing with the communication of acceptance:•The acceptance must be communicated: see Powell v Lee (1908) Prior to acceptance, an offer may be withdrawn.•An exception exists in the case of unilateral contracts, in which the offeror makes an offer to the world which can be accepted by some act. A classic instance of this is the case ofCarlill v. Carbolic Smoke Ball Co. [1892] 2 Q.B. 484 in which an offer was made to pay £100 to anyone who having boughtthe offeror's product and used it in accordance with the instructions nonetheless contracted influenza. The plaintiff did so and the court ordered payment of the £100. Heractions accepted the offer - there was no need to communicate acceptance. Typical cases of unilateral offers are advertisements of rewards (e.g., for the return of a lost dog).•An offer can only be accepted by the offeree, that is, the person to whom the offer is made.•An offeree is not usually bound if another person accepts the offer on his behalf without his authorization, the exceptions to which are found in the law of agency, where an agent may have apparent or ostensible authority, or the usual authority of an agent in the particular market, even if the principal did not realize what the extent of this authority was, and someone on whose behalf an offer has been purportedly accepted it may also ratify the contract within a reasonable time, binding both parties.•It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance (called waiver of communication - which is generally implied in unilateral contracts): see also Re Selectmove Ltd [1994] BCC 349.•If the offer specifies a method of acceptance (such as by post or fax), acceptance must be by a method that is no lesseffective from the offeror's point of view than the method specified. The exact method prescribed may have to be used in some cases but probably only where the offeror has used very explicit words such as "by registered post, and by that method only": see Yates Building Co. Ltd v. R.J. Pulleyn & Sons (York) Ltd (1975) 119 Sol. Jo. 370.•Silence cannot be construed as acceptance: see Felthouse v.Bindley (1862) 142 ER 1037.•However, acceptance may be inferred from conduct.Vitiating FactorsThere are the factors affecting the validity of an otherwise effective contract. They include mistakes, misrepresentation, duress, undue influence and illegality.DischargeOnce it is determined that a party is under an immediate duty to perform, the duty to perform must be discharged. A contract may be discharged in one of the following ways:·By performance·By tender of performance·By frustration·By operation of law·By occurrence of condition subsequent·By illegality·By rescission·By novation·By cancellation·By release·By substituted contract·By accord and satisfaction·By account stated·By lapse·By effect of running of statute of limitationsBreach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance orinterference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.Remedies for Breach of Contract•Damages, which may include:o Compensatory damageso Punitive damageso Incidental damageso Liquidated damageso Nominal damages•Coercive reliefo Specific performanceo Injunctionso Restitutiono Account of profits【版权声明】《合同法CONTRACTS》的版权属于法律英语证书（LEC）全国统一考试委员会所有。

法律英语考试LEC考试美国法基础知识Sources of lawIn the United States， the law is derived from four sources. These four sources are constitutional law，statutory law，administrative regulations， and the common law （which includes case law）。

The most important source of law is the United States Constitution. All other law falls under， and is subordinate to，that document. No law may contradict the Constitution. For example， if Congress enacts a statute that conflicts with the Constitution，the Supreme Court may find that law unconstitutional， and declare it invalid.Notably， a statute does not disappear automatically merely because it has been found unconstitutional； it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However， under the principle of stare decisis，no sensible lower court will enforce an unconstitutional statute，and any court that does so will be reversed by the Supreme Court. Conversely， any court that refuses to enforce a constitutional statute （where such constitutionality has been expresslyestablished in prior cases） will risk reversal by the Supreme Court.。

法律英语考试LEC考试美国法基础知识Sources of lawIn the United States, the law is derived from four sources. These four sources are constitutional law, statutory law, administrative regulations, and the common law （which includes case law）。

The most important source of law is the United States Constitution. All other law falls under, and is subordinate to, that document. No law may contradict the Constitution. For example, if Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional, and declare it invalid.Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute （where such constitutionality has been expressly established in prior cases） will risk reversal by the Supreme Court.。

2010年法律英语证书（LＥC)考试推荐用书
ＬEC考试属水平考试，没有指定复习教材。

应广大考生的要求,我们推荐如下学习书目:ﻭ
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《英语证书LEC考试大纲》，证书全国统考委编,法律。

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2．《法律英语综合教程》，张法连编著，山大学。

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４.《英语法律文本的语言特点与翻译》，卢敏著，大学。

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《法律英语阅读教程》,张法连编著，山大学出版社。

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法律英语证书(LEC)全国统一考试委员会
ﻭ
ﻭ。

2013.11法律英语LEC模拟题卷二法律英语证书（LEC）模拟考试题试卷二2013年11月17日提示：本试卷为阅读、翻译、写作题。

请将各题答案书写在答题纸的对应位置上，勿在卷面上直接作答。

Part I: Case Reading Comprehension (25 points)Read the case carefully and answer the questions followed briefly:LEFKOWITZ v. GREAT MINNEAPOLISSURPLUS STORE, INC.86 NW 2d 689MURPHY, Justice.This is an appeal from an order of the Municipal Court of Minneapolis denying the motion of the defendant for amended findings of facts, or, in the alternative, for a new trail. The order for judgment awarded the plaintiff the sum of $138.50 as damages for breach of contract.This case grows out of the alleged refusal of the defendant to sell to the plaintiff a certain fur piece which it had offered for sale in a newspaper advertisement. It appears from the record that on April 6, 1956, the defendant published the following advertisement in a Minneapolis newspaper:Saturday 9 A.M. Sharp 3 Brand New Fur Coats Worth to $100.00.First Come First Served $1 Each.On April 13, the defendant again published another advertisement in the same newspaper, as follows:Saturday 9 A.M. 2 Brand New Pastel Mink 3-Skin ScarfsSelling for $89.50Out they go Saturday. Each ... $1.001 Black Lapin Stole Beautiful, worth $139.50 ... $1.00First Come First ServedOn each of the Saturdays following the publication of the above-described ads the plaintiff was the first to present himself at the appropriate counter in the defendant’s store and on each occasion demanded the coat and the stole so advertised and indicated his readiness to pay the sale price of $1. On both occasions, the defendant refused to sell the merchandise to the plaintiff, stating on the first occasion that by a “house rule” the offer was intended for women only and sales would not be made to men, and on the second visit that plaintiff knew defendant’s house rules.The trial court properly disallowed plaintiff’s claim for the value of the fur coats since the value of these articles was speculative and uncertain. The only evidence of value was the advertisement itself to the effect that t he coats were “Worth to $100.00”, how much less being speculative especially in view of the price for which they were offered for sale. With reference to the offer of the defe ndant on April 13, 1956, to sell the “1 Black Lapin Stole …worth $139.50” the trial court held that the value of this article was established and granted judgment in favor of the plaintiff for that amount less the $1 quoted purchase price.The defendant contends that a newspaper advertisement offering items of me rchandise for sale at a named price is a “unilateral offer” which may be withdrawn without notice. He relies upon authorities which hold that, where an advertiser publishes in a newspaper that he has a certain quantity or quality of goods which he wants to dispose of at certain prices and oncertain terms, such advertisements are not offers which become contracts as soon as any person to whose notice they may come signifies his acceptance by notifying the other that he will take a certain quantity of them. Such advertisements have been construed as an invitation for an offer of sale on the terms stated, which offer, when received, may be accepted or rejected and which therefore does not become a contract of sale until accepted by the seller; and until a contract has been so made, the seller may modify or revoke such prices or terms. Montgomery Ward & Co. v. Johnson, 95 N.E. 290 (Mass. 1911); Nickel v. Theresa Farmers Co-op. Ass’n, 20 N.W.2d 117 (Wis. 1945); Lovett v. Frederick Loeser & Co., 207 N.Y.S. 753 (N.Y. Mun. Ct. 1924); Schenectady Stove Co. v. Holbrook, 4 N.E. 4 (N.Y. 1885); Georgian Co. v. Bloom, 108 S.E. 813 (Ga. Ct. App. 1921); Craft v. Elder & Johnson Co., 38 N.E.2d 416 (Ohio Ct. App. 1941).The defendant relies principally on Craft v. Elder & Johnston Co., supra. In that case, the court discussed the legal effect of an advertisement offering for sale, as a one-day special, an electric sewing machine at a named price. The view was expressed that the advertisement was “not an offer made to any specific person but was made to the public generally. Thereby it would be properly designated as a unilateral offer and not being supported by any consideration could be withdrawn at will and without not ice.” It is true that such an offer may be withdrawn before acceptance. Since all offers are by their nature unilateral because they are necessarily made by one party or on one side in the negotiation of a contract, the distinction made in that decision between a unilateral offer and a unilateral contract is not clear. On the facts before us we are concerned with whether the advertisement constituted an offer, and, if so, whether theplaintiff’s conduct constituted an acceptance.There are numerous authorities which hold that a particular advertisement in a newspaper or circular letter relating to a sale of articles may be construed by the court as constituting an offer, acceptance of which would complete a contract. J.E. Pinkham Lumber Co. v. C.W. Griffin & Co., 102 So. 689 (Ala. 1925); Seymour v. Armstrong & Kassebaum, 64 P. 612 (Kan. 1901); Payne v. Lautz Bros. & Co., 166 N.Y.S. 844 (N.Y. City Ct. 1916), aff’d, 168 N.Y.S. 369 (N.Y. Sup. Ct.), aff’d, 171 N.Y.S. 1094 (N.Y. App. Div. 1918); Arnold v. Phillips, 1 Ohio Dec. Reprint 195 (Ohio Ct. Common Pl. 1846); Oliver v. Henley, 21 S.W.2d 576 (Tex. Civ. App. 1929).The test of whether a binding obligation may originate in advertisements addressed to the general public is “whether the facts show that some performance was promised in positive terms in return for something requested.” 1 W ILLISTON, CONTRACTS § 27 (Rev. ed. 1936).The authorities above cited emphasize that, where the offer is clear, definite, and explicit, and leaves nothing open for negotiation, it constitutes an offer, acceptance of which will complete the contract. The most recent case on the subject is Johnson v. Capital City Ford Co., 85 So. 2d 75 (La. Ct. App. 1955), in which the court pointed out that a newspaper advertisement relating to the purchase and sale of automobiles may constitute an offer, acceptance of which will consummate a contract and create an obligation in the offeror to perform according to the terms of the published offer.Whether in any individual instance a newspaper advertisement is an offer rather than an invitation to make an offer depends on the legal intention of the parties and the surrounding circumstances. We are of the view on the factsbefore us that the offer by the defendant of the sale of the Lapin fur was clear, definite, and explicit, and left nothing open for negotiation. The plaintiff having successfully managed to be the first one to appear at the seller’s place o f business to be served, as requested by the advertisement, and having offered the stated purchase price of the article, he was entitled to performance on the part of the defendant. We think the trial court was correct in holding that there was in the conduct of the parties a sufficient mutuality of obligation to constitute a contract of sale.The defendant contends that the offer was modified by a “house rule” to the effect that only women were qualified to receive the bargains advertised. The advertisement contained no such restriction. This objection may be disposed of briefly by stating that, while an advertiser has the right at any time before acceptance to modify his offer, he does not have the right, after acceptance, to impose new or arbitrary conditions not contained in the published offer. Payne v. Lautz Bros. & Co., 166 N.Y.S. 844, 848 (N.Y. City Ct. 1916); Mooney v. Daily News Co., 133 N.W. 573 (Minn. 1911).AFFIRMED.Questions to be answered:1. Did the trial court allow the plaintiff’s claim for the values of both articles? And Why?2. What is the rule of law for an advertisement to be an offer?3. What’s the defendant’s contention?4. What is the legal effect of an invitation for an offer in a sales contract?5. What’s the issue?Part II: Translation (40 points)Question 1. Translate the following paragraphs into Chinese:1. § 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes andPolicies: Applicability of Supplemental Principles of Law.（a）[The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: （1）to simplify, clarify, and modernize the law governing commercial transactions; （2）to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and （3）to make uniform the law among the various jurisdictions.（b）Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.2. § 1-105. Severability.If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable.3. "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which theseller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goodsin a transfer in bulk or as security for or in total or partial satisfaction of a money debt.Question 2. Translate the following Chinese into English:4. 第二章劳动合同的订立第七条用人单位自用工之日起即与劳动者建立劳动关系。

LEC法律英语证书考试模拟题+答案解析1.Donald is the plant manager for the local sneaker manufacturing plant of Disneak,Inc.The child labor laws in this jurisdiction provide,“It is a violation of the law for anyone to employ a person under17years of age for full-time labor.”Donald, unaware of the law and believing the Disneak’s policy was to rely on a youthful workforce,hired several16-year-olds to work at the plant full time.He did not ask their ages and they did not disclose them.Had Donald chosen to discover their ages he could have done so by asking for identification.If the statute is interpreted to create strict liability,Donald is most likely:A.Not guilty,because Disneak,not Donald,is the employer of the children.B.Guilty,because he should have inquired as to the ages of the children.C.Not guilty,because he believed he was following company policy and was unaware of the law.D.Guilty,because he hired the children.2.UnconscionabilityA.Contract negotiations usually made when a person is drunk or unconscious.B.Doctrine that allows courts to protect the weaker party in a contract.C.Unjust enrichment.D.A confession of judgment,such as the admission of debt by debtor.3.Smith owns a house,and agrees to lease it to Jones.The lease states that it willcommence on July4,2004,but provides no termination date.Rent reserved is $1,000per month.How can the tenant or the landlord terminate the lease?A.Either party can terminate by giving the other party one-month’s notice.B.Either party can terminate at the end of the one-year lease term.C.The tenant may terminate the lease at any time.D.The landlord may terminate the lease at any time.4.In which of the following cases is specific performance most likely to beavailable?A.For the sale of land.B.For construction of a large shopping mall.C.For the painting of a portrait.D.For the sale of goods.5.Which of the following provisions of the Bill of Rights have been incorporated?I.The Free Speech Clause II.The Cruel and Unusual Punishment Clause III.The Excessive Fines Clause IV.The Takings ClauseA.I,II,III and IV.B.I and II only.C.I,II and IV only.D.II only.6.The reason behind a decision is called the_______.A.res ipsa loquiturB.obiter dictaC.de factoD.ratio decidendi7.Unilateral ContractA.A contract for the sale of only a single item or service.B.An unenforceable contract.C.A contract where there is no"meeting of the minds".D.A contract which one party promises to do or refrain from doingsomething in return for actual performance by the other party.8.Which of the following is the correct answer for the excuses for nonperformanceunder a contract?A.impossibilitymercial impracticabilityC.frustrationD.all of the above9.Leslie,Kelly,and Blair wanted to form a business.Which of the followingbusiness entities does not require the filing of organization document with the state?A.Limited partnership.B.Joint venture.C.Limited liability company.D.Subchapter S corporation.A Subchapter S corporation is a corporation,which meets the requirements for and has made a proper election to be taxed under Subchapter S of the Internal Revenue Code.10.Smith leases Tanacre to Jones.The ten-year lease has the following expressprovision:“the premises must be used for residential purposes as an apartment building”.By year eight,the entire surrounding neighborhood has become commercial,and Jones is unable to find residential tenants.Jones asks Smith if he convert the building into a hotel.Smith refuses,and threatens to terminate the lease,and sue for the rent for the remaining term.What would be Jones’s best argument in defense?A.Impossibility of performance.mercial frustration.C.Breach of the implied warranty of suitability.D.Breach of the implied warranty of habitability.11.Smith,an amateur photographer who occasionally sells his travel photos to friendswho frame them,recently returned from an“Around the World in80days Cruise”.He immediately went to his local camera store to get his dozen roles of film developed,and printed.The clerk gave him a receipt for the film.A week later, Smith returned to the camera store,but the clerk was unable to find prints,the negatives or the exposed film.What legal relationship was created between Smith and camera store?A.Trust.B.Bailment.C.Gift.D.Conversion.12.At common law,what interest was created when Smith conveyed Tanacre to Jonesin the following manner:“to Jones forever”?A.A fee simple absolute.(to Jones and his heirs)B.A fee simple determinable.(use limitation)C.A life estate.D.A fee tail.(limitation to Jones and the heirs of her body)13.Due ProcessA.Procedures established only under the Administrative Procedure Act.B.The rights of non-citizens before immigration officers.C.The legal requirement that the state must respect all of the legal rights that are owed to a person.D.The principle that all persons are equal before the law.14.Banks conveys Tanacre as follows:“to Smith for life,then to his daughter Amyfor life,then to her children and their heirs”.Smith dies.What impact does that have on the state of the title?A.Amy’s life estate vests.B.Amy’s life estate becomes a present possessory interest.C.Amy takes Tanacre in fee simple absolute.D.None of the above.15.Plea BargainA.A meeting of the criminal minds.e of federal sentencing guidelines.C.A reduced court filing fee for filing pleadings.D.A defendant's agreement to plead guilty in exchange for a reduced charge or other special treatment.16.Smith conveys Tanacre“to Amy and her brother Boris with right of survivorship”.What estate is created?A.A joint tenancy.B.A tenancy by the entirety.C.A tenancy in common.D.Concurrent life estates,with reversion to Smith at the death of the first to die.17.What duty of care is owed to undiscovered trespassers?A.(Very high standard of care)Liable for slight negligence-If plaintiff is apassenger or guest.B.None-they can never recover on negligence claim againstlandowner/possessor.C.Reasonable cost of repair,or if property nearly destroyed the FMV(fairmarket value)at time of accident.D.At common law,completely barred plaintiff’s right to recovery,unless lastclear chance applies.18.Suppose after renting and living in the apartment for eight months,the airconditioner no longer functions.Room temperature hovers around90degrees.Tenants inform the landlord Smith Enterprises,but they fail to repair.Which of the following would Tenants have to prove to prevail?A.That the failure to fix the air conditioning was an obligation under the lease.B.That the lack of air conditioning rendered the premises unfit for human habitation.C.That Jones moved out in a reasonable time.D.All of the above19.Promissory EstoppelA.A failure to prosecute a civil or criminal action.B.Power to make an offer to the public in general rather than a specific individual.C.Equitable doctrine recognized as a substitute for consideration in some cases.D.Ability of an agent to bind a principal in matters beyond the scope of agency.20.All of the following statements are true regarding a partnership except__________.A.each partner's liability is limited to the amount he or she contributed to the partnership.B.partners pay personal income tax on their share of the partnership's income.C.if the partnership agreement does not specify otherwise,profits will be shared equally by the partners.D.a new partnership agreement is required whenever a new partner enters or leaves the partnership.21.Seller publishes a catalog listing prices for various office supplies.Buyer mails anorder for100boxes of paper clips at the catalog price.Seller ships the clips upon receiving the order.Ten days later,Seller sends an invoice to the Buyer,billing the Buyer according to the terms in the catalog.Which of the following is true?A.The catalog constitutes an offer.B.Buyer’s order was an offer.C.Seller’s shipment was an offer.D.Seller’s shipment was a rejection and counteroffer.22.A physician says to his patient,Gwen,“I guarantee you a100%good hand aftersurgery.”Gwen had suffered from a bad hand for years because of an injury.The physician had talked to Gwen over the course of several months,suggesting the surgery to her because it involved a kind of surgery of particular interest to the physician.Through his negligence,the physician makes the hand even worse after surgery that it was before.He is liableA.In tort.B.On an express contract.C.On an implied contract.D.All of the above.23.Joy and Todd reach an oral agreement about each of the following.Which of themis unenforceable?A.The sale of a new car.B.A lease of an apartment for9months.C.A six-month loan of$1000.D.None of the above.merce clauseA.The constitutional provision giving the U.S.Congress power to legislate over all matters that affect"interstate commerce."B.The recognized power of the U.S.Congress to legislate over matters that occur outside of the United States.C.The power of the President to regulate banks because of national economic and security considerations.D.The power of the President to regulate air traffic because of public safety issues.25.By letter dated February1,a farmer offers to deliver to buyer100tons of grain onApril15,for a price of$250per ton,payment to be made two weeks before delivery.Buyer accepts by letter dated February5.On March1,Seller sends Buyer a fax saying,“Due to labor action by agricultural workers,we may not be able to deliver until April22.”Buyer would be best advised toA.Send a letter to Seller stating that Seller is in breach and Buyer will not pay untilafter delivery.B.Telephone the Seller as soon as possible to notify Seller of possible damages.C.Send Seller a letter asking for an assurance that Seller will perform by the contract date.D.Wait and see what happens on the delivery date.26.ConsiderationA.Process of judicial deliberation before rendering a decision in a contested caseB.Early attention given to contract negotiating strategiesC.Something of value given by one party in return for the promises of the other party to the contractD.Reliance27.Which of the following statements is correct regarding both debt and commonshares of a corporation?mon shares represent an ownership interest in the corporation,but debt holders do not have an ownership interest.mon shareholders and debt holders have an ownership interest in the corporation.mon shares typically have a fixed maturity date,but debt does not.mon shares have a higher priority on liquidation than debt.28.Intentional infliction of emotional distress(IIED)A.A cause of action that allows for recovery after a person is insulted.B.The grief a child will bring upon his parents,C.A tort claim for intentional conduct that results in extreme emotional distress.D.Striking another person intentionally.29.Which of the following statements concerning corporation is NOT corrrect?A.A shareholder is not liable for any corporate obligation personally guaranteed.B.The shareholder’s liability for the corporation’s debts does not extend beyond the amount of their investment.C.Under certain circumstances a shareholder may be personally liable.D.The shareholders have limited liabilities for the corporation’s debt.30.Philip was an epileptic.Philip loved to drive his automobile.Although Philip wastold by several physicians that he was subject to,and would have,epileptic seizures he nevertheless continued to drive his automobile.Two weeks ago Philip left the shopping mall and was on his way home when he suffered an epileptic seizure.His car careened into a hamburger stand and killed six people.Eight others were wounded.Philip may properly be convicted ofA.murderB.felony murderC.voluntary manslaughterD.involuntary manslaughter31.Sandy and Wendy are neighbors in an apartment building.Sandy hates Wendybecause she learns that Wendy,a single woman,is having an affair with her husband.One day Sandy found that Wendy and her husband went together to the cinema.She flew into a rage.She waited outside Wendy’s house and,when Wendy and her husband kissed goodbye,she rushed out and struck three quick blows to Wendy’s head with a crescent wrench.Wendy dies before the ambulance arrives.Sandy may properly be convicted ofA.murderB.felony murderC.voluntary manslaughterD.involuntary manslaughter32.Owen and Willa make a contract in which Willa is to work for two weeks,andOwen is to pay her at the end of the second week.A.Payment and doing the work are concurrent conditions.B.Payment is a condition precedent.C.Payment is a condition subsequent.D.Doing the work is a condition precedent.33.Andrew throws a baseball towards Barry,with whom he is playing pitch and catch.Andrew’s aim is bad and the ball hits Cassandra,who is walking nearby.A.Andrew has committed battery against Cassandra because his intention to hit Barry with the ball is transferred to CassandraB.Andrew has not committed battery against Cassandra because he did not intend to harm herC.Andrew has committed battery against Cassandra because he intended to throw the ball,which hit herD.Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it34.Smith,a second-hand book dealer,purchased a used four-volume set ofBlackstone’s Commentaries from Jones for$200.Jones inherited the book from his Uncle John.Inside the book,he came across a War Bond made out in the name of Ulysses Wescott,Sergeant,U.S.Army Quartermaster Corp.,with a face value of$100.The date of maturity is January1,1950.Even though the bond has matured a half-century ago,the ernment continues to be obligated to pay $100.Smith finds out that the value of the bond to collectors is$5,000.To whom should the bond be awarded?A.SmithB.JonesC.Wescott if he is alive;his heirs if he is notD.The ernment.35.In considering the differences and similarities between state courts and federalcourts,A.only state court judges are appointed for life.B.states judges and federal judges are both appointed by the executive branch.C.both types of courts have the power of judicial review.D.only the federal court system has a court of last resort.36.Diversity JurisdictionA.The contemporary requirement that a jury should be comprised of persons of different national backgrounds in order to reflect the diversity of society.B.The jurisdiction in a federal court when the parties are from different states and the amount in controversy exceeds$75,000.C.The power of the federal courts to hear"federal questions."D.The English translation of the French legal treatise,Diversitédes courts.37.Which of the following are considered to lack capacity to contract?A.minorsB.persons suffering from mental illnessC.intoxicated personsD.all of the above38.Which right(or rights)is(or are)NOT provided by the Supreme Court’s decisionin Miranda v.Arizona(1966)?A.The right to be informed that police must cut off questioning if the defendant asksfor a lawyer.B.The right to make one phone call to speak to a lawyer.C.The right for a lawyer to be able to make contact with an arrested person.D.All of the above.39.Mark received a citation for driving65in a50m.p.h.zone,punishable by a$250fine.Which could be a defense?A.He reasonably thought the speed limit was65m.p.h.B.His speedometer was broken.C.He just received a call from his wife informing him that a brush fire had started near his home.D.Both A and B.40.Which of the following is least likely to serve as the underlying felony in aprosecution for felony murder?A.ManslaughterB.ArsonC.RapeD.Burglary41.A copyright is considered to be__________.A.propertyB.contractC.a copyD.an original42.Smith is the owner of5acres square tract of undeveloped rural land.Unbeknownst to Smith,Jane has used the property each summer as campsite during her month long vacation for the past25years.In1990,ten years after Jane entered on to the land,Smith entered the land and told her to get off his land, which she did.The next day he posted“No Trespassing”signs.Jane returned the following week,and continued her use for the period largely unmolested(not interfered with/disturbed)by Smith,though Smith occasionally entered the land in succeeding autumns.Has Jane fulfilled the requirements for adverse possession?Assume that the state has a twenty-year statute of limitations.A.No,Smith’s entry is no longer adverse.B.Yes,Smith’s entry is insufficient to interrupt the continuous requirement.C.No,Smith’s use of the land no longer renders her use exclusive.D.Yes,Smith’s use of the land is minimal and therefore her use remains exclusive.43.Mary is a defendant charged with the federal crime of violating federal postalregulations by sending out mail from her office with unauthorized“metered mail”markings.This federal crime is punishable by a maximum fine of$10,000or six months in jail.When Mary is arraigned she tells the federal judge that she is indigent,but the judge says,“I’m not planning to give you any jail time if you are convicted.This is a petty offense.So we don’t need to bother with a lawyer for you.”Mary is convicted and sentenced to pay a fine of$500.Mary appeals and because she is indigent,she receives an appointed lawyer on her federal appeal.Her lawyer argues that the trial judge’s actions violated Mary’s constitutional rights.Which of the following arguments WILL be made by Mary’s defense counsel on appeal?A.That Mary has a Due Process Fourteenth Amendment right to the appointment ofcounsel on a case-by-case basis,as long as she can show that she has special circumstances in her case that demonstrate her need for counsel.B.That Mary has a per se Due Process Fourteenth Amendment right to theappointment of counsel.C.That Mary has a Sixth Amendment right to the appointment of counsel because jailis an authorized penalty for the crime with which she is charged.D.That Mary has a per se Sixth Amendment right to the appointment of counsel.44.Which of the following will ordinarily support a legally binding contract?A.Past consideration.B.Moral consideration.C.Nominal consideration.D.None of the above.45.Trade secret protection is acquired when__________.A.the idea or information is createdB.permission is granted to use the secretC.the secret is written downD.the secret is videotaped46.As interpreted by the Supreme Court in Marbury,which of the followingstatements can be made about Art.III,Section2?A.The original jurisdiction of the Supreme Court is set by the Constitution; Congress can neither add to it nor subtract from it.B.Congress can add to the Supreme Court's original jurisdiction,but it can't subtract from it.C.Congress can subtract from the Supreme Court's original jurisdiction,but it can't add to it.D.Congress can make"any exceptions"to the Supreme Court's jurisdiction it desires.47.Prima facie cause of actionA.What a defendant must prove to establish liability for a cause of action.B.What a plaintiff must prove to establish liability for a cause of action.C.The first element of a tort that can bring rise to a cause of action.D.The instructions given to the jury at the close of trial.plaintA.Statement made to the professor about the temperature in the classroom.B.A document setting forth the basis of a claim and the relief sought.C.Another name for the"plaintiff."D.The instructions which a judge will give to the jury at the end of a civil trial.49.Leading questionA.A question that suggests its answer.B.The first in a series of questions.C.A dispute over dancing partners.D.An important public issue.50.HearsayA.Process of selecting a juryB.A type of evidence that is often excluded,unless it falls within an accepted category.C.Evidence that is not admissible in court under any circumstances.D.Evidence that is always admissible in court under all circumstances.51.Double-jeopardyA.Prohibition against being sued in civil court after being charged with a criminaloffense.B.Being placed on trial twice for the same offense by the same sovereign.C.Being unable to serve a summons.D.Insufficient evidence to bring before a grand jury.52.Preponderance of the EvidenceA.The burden of proving a fact"beyond a reasonable doubt."B.The burden of proving a fact with"substantial evidence."C.The burden of proving that the existence of a fact is more probable than itsnon-existence.D.The assumption that a fact is true for purposes of reviewing a motion to dismissfor failure to state a cause of action.53.Which of the following statements is the best definition of real property?A.Real property is only land.B.Real property is all tangible property including land.C.Real property is land and intangible property in realized form.D.Real property is land and everything permanently attached to it.54.Assume that you are a prosecutor and you are about to start jury selection in adeath penalty case in state court.You are worried that your case might not be given a fair hearing by a jury panel.The defendant is African-American and the victim was white.Given your experience you expect at least half of the prospective jurors to be African-American.In addition,you are trying the case in a county that has a good number of citizens who are against capital punishment.You anticipate that defense counsel will want to question all prospective jurors, especially those that are white,about racial biases.You are planning to object and hope to limit this line of questioning.Your objections will probably be:A.Overruled,because there are no limitations to voir dire in capital cases.B.Sustained,if race is not relevant to the case beyond the fact that the victim and defendant are of different races.C.Sustained,because the court has almost total discretion with regard to what to allow during the voir dire.D.Overruled,because in capital cases where the victim and defendants are ofdifferent races,the defendant has a constitutional right to ask prospective jurors about possible racial biases.55.A technique used by the court to establish whether there is a causal link betweenthe defendant's breach and the plaintiff's loss is called the:A.All of the aboveB.‘What if’testC.‘Cause’testD.‘But for’test56.Which of the following is most likely to be held void(as opposed to voidable)?An apparent agreement vitiated byA.infancyB.incapacityC.duress by forceD.A and C57.AcceptanceA.An exception to a general rule of contract lawB.A counteroffer that changes the terms made by the offerorC.Surrender to the terms of the offerorD.A manifestation of assent by the offeree to be bound to the terms of the offeror58.Directed verdictA.A ruling by the judge upon finding that the evidence so favors one party that it is not even necessary for the jury to make a decision.B.A judgment against the directors of a corporation.C.A wrongful verdict by a jury.D.A large monetary award for the plaintiff.59.Finest Product Company and Great Goods,Inc.,use the mark“Good Housekeep”to certify their own products.Finest and Great are not in business together and do not own the mark.The mark is________.A.collective markB.certification markC.service markD.trade dress60.Alberto likes mushrooms.He buys the book The Encyclopaedia of Mushroomsand goes mushroom hunting,relying on the descriptions in the book.He picks, cooks and eats some wild mushrooms,which turn out to be poisonous.Alberto gets acute food poisoning.He sues the publisher of the encyclopaedia.Which of the following most accurately states the likely outcome?A.The publisher is not liable because the information in the book is not a “product”for the purposes of strict liability.B.The publisher is not liable because it could not reasonably have expected that readers would fall ill as a result of relying on the information in the bookC.The publisher is strictly liable because the information in the book was a defective product.D.The publisher is strictly liable because the book is a product and the book caused Alberto harm.61.The Penal Code of the state provides that:“A person is guilty of burglary if,withpurpose to commit a crime therein,the person enters a building or occupied structure that the person is not licensed,privileged,or invited to enter.”If Robin were charged with burglary as defined in the statute,which of the following would be his best argument for acquittal?A.There was no breaking.B.He had consent of the owner.C.He reasonably believed he was entering his own house.D.he found the window unlocked.62.Assuming Bob committed arson,which of the following is the best evidence thatDarrin aided and abetted that arson?A.Darrin was reckless with respect to Bob’s intentions.B.Darrin gave Bob his lighter.C.Darrin did nothing to stop Bob once he suspected his purpose.D.Bob trusted Darrin not to try to stop him.63.Alan is an invitee on Paul's land.Therefore,Paul owes Alan a duty__________A.to exercise reasonable care to protect him against dangerous on-premisesconditions that Paul knows about,or reasonably should know aboutB.only to warn him of dangerous on-premises conditions that he is not likely todiscoverC.only not to willfully and wantonly injure him on the propertyD.None of the above64.Which of the following are excuses for nonperformance under a contract?A.Impossibilitymercial impracticabilityC.frustration of ventureD.all of the above65.Which of the following is not a defense to a negligence claim?A.contributory negligenceparative negligencest clear chanceD.assumption of risk66.Under which of the following situations does strict liability apply?A.keeping naturally dangerous wild animalsB.manufacture or sale of defective and unreasonably dangerous productsC.both A and BD.Neither A and B67.Which of the following statements regarding trial courts is false?A.Cases involving significant dollar amounts usually begin at the trial court level.B.Trial courts keep detailed records of their proceedings.C.Determination of the applicable law is the trial judge's responsibility.D.The trial court's fact-finding function is always handled by the jury.68.Which of the following constitutional provisions apply against state governments?I.The privilege against self-incrimination.II.The right to a jury in most civil trials.III.The right to be free of double jeopardy.IV.The right not to be tried for a criminal offense in the absence of an indictment.A.I and III only.B.III only.C.I,III and IV only.D.I,II,III and IV.69.Which of the following might be protected by trademark law?A.Product or container shapesB.ColorsC.SoundsD.All of the above70.Marry works in a doughnut shop.Her supervisor accuses her of stealing from thetill and asks her to accompany him to his office at the back of the shop for questioning.Martin does so and remains in the office for half an hour.She says she felt compelled to do so in order to clear her name.She later brings an action alleging false imprisonment.Which of the following most accurately describes the proper result?A.Marry was falsely imprisoned because she was not free to leave.B.Marry was falsely imprisoned because she felt compelled to stay.C.Marry was not falsely imprisoned because moral compulsion to stay isinsufficient without some physical compulsion(or threat of it).D.Marry was not falsely imprisoned because she entered the office voluntarily.71.Victor administers poisonous drug to Mary to cause miscarriage.It is found that。

lec 法
LEC（Legal English Certificate）是一项专门针对法律英语能力的考试和认证项目。

它由国际法学会（ILEC）与剑桥英语考试委员会（Cambridge English Assessment）合作开发，旨在测试非英语母语人士在法律领域中的英语能力。

LEC考试分为几个不同的部分，涵盖了法律英语的各个方面，包括阅读理解、写作、口语和听力技能。

通过参加LEC考试并获得相应的证书，考生可以证明自己具备良好的法律英语能力，这对于从事法律职业或涉及法律领域的工作非常有帮助。

考试内容涵盖了法律英语的专业词汇、常用表达、法律文书的理解与撰写等方面。

考生需要熟悉与法律相关的词汇和表达，了解英语在法律领域中的特点和用法。

此外，良好的阅读、写作、口语和听力技能也是成功通过LEC考试的关键。

参加LEC考试可以提高法律从业者在国际交流和合作中的竞争力，帮助其更好地理解和运用英语在法律环境中的要求和规范。

同时，LEC考试也对于希望进入法律职业或与国际法律相关的领域工作的人士来说，是一种重要的能力认证和职业发展机会。

值得注意的是，LEC考试是一项专业性的考试，需要考生具备一定的英语基础和法律知识储备。

因此，考生在准备考试前应该系统地学习法律英语的相关知识，掌握常用的法律词汇和表达，提高自己的英语技能，并参加相应的培训或辅导课程进行针对性的复习和训练。