法律英语考试题

法学专业《法律专业英语》课程试题（A 卷）2011～2012学年第二学期（2009级）合分人： 复查人：I ．（每题 1 分，共 10 分） 1．贸易术语 2 当事人3．私法4．社会保险5．监事会6．即期汇票7．不动产8．无效婚姻9．提单10．担保交易法column A and column B （每题1分，共 5分） Column Asuperior court 世界贸易组织 customs formalities 上级法院CIF 国际货币基金组织 WTO海关手续IMF 成本保险费加运费III. Translate the following sentences into Chinese ：（每题6分，共 30 分） 1．designed to facilitate or frustrate the international flow of goods , service, labor and capital.2．The fundamental division in all civil law systems is that between public law and private law. Generally speaking ，public law includes at least constitutional law ，administrative law and criminal law ，while private law at least includes civil law andcommercial law.3．A copyright is the exclusive right given by the law to the creator of a literary or artistic work to use reproduce or display the work. A copy right does not prevent the copying of an idea, as long as a work is not made public, it has the same protection as though it had been copyright.4. The contract of employment is a contract that can be enforced by legal action. And there are six requirements of a valid contract, which are as follows: intention, agreement, consideration, reality of consent, the proposed contract must be legal both in its object and in the manner in which it is performed, and you must have contractual capacity.5. In civil law countries, the main form of corporations are the limited liability company and the stock corporation. But in England, the two basic categories of corporation are the private company and public company. In the U.S.A, the close corporations and public corporations are divided into limited liability companies and stock companies.题3分，共15 分）1．汇票或支票有三个原始当事人：出票人、付款人和受款人。

法律英语水平考试（TOLES）报考指南考试介绍法律英语水平考试的英文名称为"Test of Legal English Skills (缩写为TOLES)"，面向从业律师、法律专业学生、律师事务所、司法机构以及企业各界，对个人日常及实际工作中的英语水平进行测试。

TOLES考试由司法界资深人士和英语语言培训专家共同研发，经过了司法界的广泛商议，并定期更新以适应不断变化的社会及行业的需求。

TOLES考试被公认为世界领先的法律英语资格考试，许多国家的知名律师事务所、法律教学与研究机构、政府司法机构和跨国集团都以其作为从业语言能力的测试，如英国法学会(英格兰及威尔士)、欧洲法院、欧洲中央银行、普华永道、戴姆勒-克莱斯勒、英国富而德(FRESHFIELDS)、英国年利达(LINKLATERS)等诸多世界一流律师事务所。

获得法律英语水平考试资格证书，将有助于考生在竞争日益激烈的社会中，赢得先机，从容迈入职业生涯。

报名事宜1.报名程序（1）填写报名表，交纳考试费，考生可选择通过邮寄报名表至考试中心或直接到考试中心报名。

报名表.doc（点击下载）（2）请在所选考试日期前六周提出考试申请（3）请交一张两寸免冠近照2.缓考缓考申请应在考试日期之前一周提出，考生必须在考试日期前一周提供足够的证明和文件来申请缓考。

例如有资格机构开立的医疗证明或事件报告，如考生没有提出缓考申请，而在考试当天缺考，则作自动放弃处理，考试费不予退还。

3.考试中心地点英国领事馆文化教育处北京办公室、上海办公室、广州办公室、重庆办公室。

考试费用1.Foundation考试费用为人民币1400元2.Higher考试费用为人民币 1700元3.固定日期的Advanced考试费用为人民币2000元4.预约日期的Advanced考试费用为人民币2800元考生可直接到考试中心交纳考试费用或通过邮局汇款；请在汇款用途栏填写“TOLES考试费”；汇款地址同考试中心地址，考试费应在考试日期二周前交纳。

法律英语教程答案宋雷1、--Jenny, what’s your favorite _______?--I like potatoes best. [单选题] *A. fruitB. vegetable(正确答案)C. drinkD. meat2、How many subjects are you _______ this year? [单选题] *A. takesB. takeC. taking(正确答案)D. took3、____ is standing at the corner of the street. [单选题] *A. A policeB. The policeC. PoliceD. A policeman(正确答案)4、75．As a student in Senior Three, I must work hard．（）, I should take exercise to strengthen my body．[单选题] *A.OtherwiseB.Meanwhile(正确答案)C.ThereforeD.Thus5、The teachers don't make us wear a school uniform and we can wear _____ we like. [单选题] *A. anyB. thatC. asD. what(正确答案)6、Jane and Tom _______ my friends. [单选题] *A. amB. isC. are(正确答案)D. was7、The traffic jams often happen in _______ hours. [单选题] *A. lunchB. workC. leisureD. rush(正确答案)8、It was _____ that the policy of reform and opening up came into being in China. [单选题] *A. in the 1970s(正确答案)B. in 1970sC. in the 1970s'D. in 1970's9、73．（）about the man wearing sunglasses during night that he was determined to follow him．[单选题] *A. So curious the detective wasB.So curious was the detective(正确答案)C.How curious was the detectiveD.How curious the detective was10、He didn't allow _____ in his room. Actually he didn't allow his family _____ at all. [单选题] *A. to smoke; to smokeB. smoking; to smoke(正确答案)C. to smoke; smokingD. smoking; smoking11、Though my best friend Jack doesn’t get（）education, he is knowledgeable. [单选题] *A. ManyB. littleC. fewD. much(正确答案)12、Tomorrow is Ann’s birthday. Her mother is going to make a _______ meal for her. [单选题] *A. commonB. quickC. special(正确答案)D. simple13、We must try hard to make up for the lost time. [单选题] *A. 弥补(正确答案)B. 利用C. 抓紧D. 浪费14、6．Hi, boys and girls. How are you ________ your posters for the coming English Festival at school? [单选题] *A．getting onB．getting offC．getting with (正确答案)D．getting15、You must pay more attention to your pronunciation. [单选题] *A. 词汇B. 拼写C. 发音(正确答案)D. 语法16、With all the work on hand, he _____ to the cinema last night. [单选题] *A.should goB.must have goneC.might goD..shouldn’t have gone(正确答案)17、Is there going to ______ a football match in the stadium next month?（）[单选题] *A. beingB. haveC. be(正确答案)D. having18、31．That's ______ interesting football game. We are all excited. [单选题] * A．aB．an(正确答案)C．theD．/19、2．The villagers want to have a bridge. Can this dream ________? [单选题] * A．come outB．get awayC．come true(正确答案)D．get out20、John Smith is _______ of the three young men. [单选题] *A. strongB. strongerC. the strongerD. the strongest(正确答案)21、If you do the same thing for a long time, you'll be tired of it. [单选题] *A. 试图B. 努力C. 厌倦(正确答案)D. 熟练22、Don’t swim in the river. It’s too _______. [单选题] *A. interestingB. easyC. difficultD. dangerous(正确答案)23、______ visitors came to take photos of Hongyandong during the holiday. [单选题] *A. ThousandB. Thousand ofC. ThousandsD. Thousands of(正确答案)24、He spoke too fast, and we cannot follow him. [单选题] *A. 追赶B. 听懂(正确答案)C. 抓住D. 模仿25、The idea of working abroad really（）me. [单选题] * appeals to (正确答案)B. attaches toC. adapts toD. gets across26、We _____ three major snowstorms so far this winter. [单选题] *A.hadB. haveC. have had(正确答案)D.had had27、Mary _____ be in Paris. I saw her just now on campus. [单选题] *A. mustn'tB. can't(正确答案)C. need notD. may not28、He is going to _______ a party this evening. [单选题] *A. hold(正确答案)B. makeC. needD. hear29、I have to _______ my glasses, without which I can’t read the book. [单选题] *A. put upB. put awayC. put downD. put on(正确答案)30、Medicines are to be taken according to the doctor’s advice. [单选题] *A. 发放B. 提取C. 配方D. 服用(正确答案)。

高二英语法律用语单选题40题1.The lawyer presented strong evidence in the court. The word “evidence” here means_____.A.situationB.proofC.conditionD.result答案解析：B。

“evidence”在法律语境中是“证据”的意思，选项B“proof”也有“证据”之意；选项A“situation”是“情况”；选项C“condition”是“条件”；选项D“result”是“结果”。

2.The judge made a fair judgment. The word “judgment” refers to_____.A.decisionB.suggestionC.opinionD.plan答案解析：A。

“judgment”在法律语境中是“判决、判断”的意思，与选项A“decision”（ 决定）较为接近；选项B“suggestion”是“建议”；选项C“opinion”是“意见”；选项D“plan”是“计划”。

3.The accused was found guilty. The word “accused” is_____.A.person who is innocentB.person who is on trialC.person who is a lawyerD.person who is a judge答案解析：B。

“accused”在法律语境中是“被告、被控告的人”，也就是“person who is on trial” 正在受审的人）；选项A“person who is innocent”是“无辜的人”；选项C“person who is a lawyer”是“律师”；选项D“person who is a judge”是“法官”。

4.The plaintiff brought a lawsuit. The “plaintiff” is_____.A.person who suesB.person who is suedC.person who is a witnessD.person who is a judge答案解析：A。

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。

第1篇一、自我介绍1. Please introduce yourself, including your name, age, and educational background.2. What inspired you to pursue a PhD in law?3. Can you share your academic achievements and any relevant research experience?二、法学基础知识1. What is the difference between civil law and common law?2. Explain the concept of "legislation" and its importance in a legal system.3. What are the main functions of a court in a legal system?4. Discuss the role of the judiciary in upholding the rule of law.5. What is the difference between "jurisprudence" and "legal doctrine"?三、法律实践与案例分析1. Describe a recent legal case that has had a significant impact on society. What was the case about, and what was the outcome?2. How would you handle a situation where a client is not following the law but claims to have a valid reason?3. Discuss the ethical implications of a lawyer representing a client who has committed a serious crime.4. What are some challenges faced by lawyers in cross-border legal practice, and how can they be addressed?5. Explain the concept of "due process" and its importance in a democratic society.四、法学理论与哲学1. Discuss the relationship between law and morality. How should a legal system balance the two?2. What is the role of philosophy in the development of legal theory?3. Explain the concept of "natural law" and its relevance in modernlegal systems.4. Discuss the impact of postmodernism on legal theory and practice.5. What are some key theories of legal realism, and how do they differ from traditional legal theories?五、国际法与比较法1. What is the difference between international law and international relations?2. Discuss the role of the United Nations in the enforcement of international law.3. Explain the concept of "jus cogens" and its significance in international law.4. What are some challenges in the field of comparative law, and how can they be overcome?5. Discuss the impact of globalization on the development of international law.六、法律改革与发展1. What are some key issues in contemporary legal reform?2. How can technology be used to improve the efficiency andaccessibility of the legal system?3. Discuss the role of legal education in preparing lawyers for the future.4. What are some potential impacts of automation on the legal profession?5. How can the legal system adapt to the changing needs of society?七、职业规划与个人兴趣1. What are your career goals as a lawyer, and how do you plan to achieve them?2. What legal area or practice area are you most interested in, and why?3. How do you envision your research in the field of law will contribute to the development of legal theory or practice?4. What are your hobbies and interests outside of law?5. How do you plan to balance your personal life with your academic and professional responsibilities?八、英语口语表达与沟通技巧1. How would you describe your English language proficiency, and what measures have you taken to improve it?2. Discuss a situation where you had to communicate effectively with a client or colleague who spoke a different language.3. How would you handle a conflict with a client or colleague?4. Explain the importance of active listening in legal practice.5. What are some effective ways to convey complex legal concepts to non-legal professionals?九、结语1. Thank you for the opportunity to interview with you today. Is there anything else you would like to know about me or my background?2. What advice would you give to a student who is considering pursuing a PhD in law?3. How do you think the legal profession will evolve in the next decade, and what role will technology play in this transformation?4. What are some key qualities that make a successful lawyer, in your opinion?5. Is there anything else you would like to add before we conclude the interview?注：以上题目仅供参考，实际面试题目可能因具体院校和导师的要求而有所不同。

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

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

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

2024高三英语法律表达单选题30题1.The lawyer presented strong evidence in the court to support his client's case. The word "evidence" here means_____.A.adviceB.proofC.suggestionD.opinion答案解析：B。

“evidence”意为“证据”，选项A“advice”是“建议”；选项C“suggestion”也是“建议”；选项D“opinion”是“观点”。

只有选项B“proof”有“证据”的意思。

2.The judge made a fair decision after listening to all the arguments. The verb "made" can be replaced by_____.A.didB.createdC.reachedD.gave答案解析：C。

“make a decision”表示“做决定”，可以用“reach a decision”替换，选项A“did”后面不能直接接“decision”；选项B“created”一般指“创造”，与“decision”搭配不当；选项D“gave”通常是“give sth to sb”的用法，与“decision”搭配不合适。

3.The defendant was found guilty of the crime. The word "defendant" refers to_____.A.the person who accuses othersB.the person who is accusedC.the judgeD.the lawyer答案解析：B。

“defendant”是“被告”，即“the person who is accused”，选项 A 是“原告”；选项C 是“法官”；选项D 是“律师”。