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。

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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。

Multiple choices:
3.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.


(a) by course of dealing or usage of trade (Section 1-205) or by course of performance (Section 2208); and (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement .

2010年12月法律英语证书（LEC）全国统 一考试公告

三、报名方式 考生登录LEC考试官方网站 （）进行网上报名。
法律英语证书（LEC）考试
Legal English Certification Text

是由法律英语证书全国统一考试委员会具体组织
的一种与业英语水平考试。

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”。

Sustain can be used in every context. Sustain combines with the nouns conviction, decision, injuries, costs, fees, and damages.
The following verbs can be used in place of sustain: 1. support 2. suffered, incurred(rare) (Suffered also collocates with emotional distress, loss, and harm as well as damages.) 3. upheld (referring to a decision by a lower court)
5. 首席大法官每年向国会递交一份关于联邦法庭体系状况的报告。
Chapter 8 Jury Trial
I. Choose the best answer to the following questions. 1-5:ABDCA; 6-10:DCACD II. Incur, Suffer, support, sustain, uphold
Good is used in Excerpts 3 and 5 to offer an opinion on the quality of a law. In this case, bad is its opposite or antonym, as in Excerpts 2, 5, and 6. Notice that in Excerpt 5, the dissent uses the opposites good and bad together to refer to the quality of the law,

法律英语_南京审计大学中国大学mooc课后章节答案期末考试题库2023年1.下列选项中表达为“执法”的选项是答案:law enforcement2.practice law应翻译为答案:律师执业3.Contributory negligence应翻译为答案:共同过失4.An intentional killing upon “great provocation” and in the heat of “passion ”这句话是对下列哪一选项的定义答案:voluntary manslaughter5. A _______ is the party who initiates a civil lawsuit before a court.为空格处选出最恰当的选项答案:plaintiff6.An ________ is proposal by one person to another indicating an intention toenter into a contract under specified terms.为空格处选出最恰当的选项答案:offer7. A ____________ is usually between two companies in the same business sector.为空格处选出最恰当的选项答案:horizontal merger8.海上货物运输中的提单应被译为答案:bill of lading9.What are the advantages of Stare Decisis?答案:It offers a high degree of predictability of decision.It puts a rein on the nature proclivity of judges.10.“聘请律师”在英语中可以表达为答案:retain a counselengage an attorney11.Select intangible properties from following options答案:franchisesintellectual propertystocks12.What are the factors of a sentence that should be considered by a judge or ajury?答案:the defendant’s criminal recordthe nature of the crime itselfthe amount of loss or damage caused by the defendantwhether the defendant has expressed regret for the crime13.What are the types of remedies for breach of a contract?答案:damagesliquidated damagesspecific performance。

Exercise I(A) Fill the following words or phrases in the blanks.based on bound by codified custom disputes legislationnon-criminal precedents provisions rulingsThe term ‘civil law’ contrasts with both ‘common law’ and ‘criminal law’. In the first sense of the term, civil law refers to a body of law______ written legal codes derived from fundamental normative principles. Legal ______ are settled by reference to this code, which has been arrived at through ______. Judges are______ the written law and its _______.In contrast, common law was originally developed through _____, at a time before laws were written down. Common law is based on _____ created by judicial decisions, which means that past ____ are taken into consideration when cases are decided. It should be noted that today common law is also ______, i.e. in written form.In the second sense of the term, civil law is distinguished from criminal law, and refers to the body of law dealing with _____ matters, such as breach of contract.(B) attaches(x2) crystallizes defaults has make owns seize sellSecurity/quasi-security: Security gives a creditor the legal right in property owned by the debtor, i.e. the right to _____ and _____ the debtor’s property if the debtor _____ in repayment. However, in the case of quasi-security, the creditor typically _____ the property in question, while the debtor only _____ possession of it.Fixed charge/floating charge: While a fixed charge _____ to the property in question as soon as the charge is created, a floating charge ____only when it ____, for example as a result of a failure to_____ a payment at the proper time.Exercise II Read the text and Fill in the blanks with preposition or conjunction by the context.A company is a business association which has the character _____ a legal person, distinct ______ its officers and shareholders. This is significant, _____ it allows the company to own property _____ its own name, continue perpetually despite changes in ownership, and insulate the owners _____ personal liability. However, in some instances, for example when the company is used to perpetrate fraud or acts ultra vires, the court may ‘lift the corporate veil’ and subject the shareholders ____ personal liability.By contrast, a partnership is a business association which, strictly speaking, is not considered to be a legal entity, but, rather, merely an association ____ owners. However, in order to avoid impractical results, such as the partnership being precluded _____ owning property ____ its own name, certain rules of partnership law treat a partnership as if it were a legal entity. Nonetheless, partners are not insulated ______ personal liability, and the partnership may cease to exist _____ a change in ownership, for example, when one of the partners dies.A company is formed ____ the issuance of a certificate of incorporation by the appropriate governmental authority. A certificate of incorporation is issued ______ the filing_____ the constitutional documents of the company, together ____ statutory forms and the payment ____ a filing fee. The ‘constitution’of a company consists of two documents. One, the memorandum of association, states the objects of the company and the details of its authorized capital, otherwise known ___ the nominal capital. The second document, the articles of association(bylaws in US), contains provisions ____ the internal management of the company, for example, shareholders’annual general meetings, or AGMs, and extraordinary(or special) general meetings, the __board of directors,__________ corporate contracts and loans.The duties owed by directors ____ a company can be classified_____ two groups. The first is a _____(注意义务) and the second is a______（忠实义务）. The first duty requires that the directors must exercise the care of an ordinarily prudent and diligent person ____ the relevant circumstances. The second duty stems _____the position of trust and responsibility entrusted _____directors. This duty has many aspects, but, broadly speaking, a director must act _____(in)the best interests of the company and not_______(for) any collateral purpose. However, the courts are generally reluctant to interfere, provided the relevant act or omission involves no fraud, illegality or conflict ____ interest.Finally, a company’s state of health is reflected ____ its accounts, including its balance sheet and profit-and-loss account. Healthy profits might lead _____ bonus or capitalization issue___ the shareholders. On the other hand, continuous losses may result _____ insolvency and the company going _____ liquidation.Exercise III The following text is contract form, which is often used by lawyers at the formation stage of as contract. Read the text more carefully. What kind of agreement is it? What types of clauses are 2b,3,5 and 6? Find the verbs, italicized in the text, and explain these verbs in the context.NON-COMPETITION AGREEMENT OF SHAREHOLDER OF SELLER IN CONNETCTION WITH SALE OF ASSETSCOVENANT NOT TO COMPETEThis COVENANT NOT TO COMPETE( this ‘Covenant’), dated as of __, 2011, is made and entered into by and between XX(‘shareholder’) and YY, a corporation(‘Purchaser’), with reference to the following facts:A ________, ________ corporation(‘Seller’), and Purchaser are parties to that certain Asset Purchase Agreement, dated as of ___, 2011(as amended, supplemented or otherwise modified from time to time, the ‘Purchase Agreement’), pursuant to which Purchaser agreed to purchase business owned and operated by Seller located at _____(‘the Business’). Unless otherwise noted, capitalized terms used herein shall have the meanings ascribed to them in the Purchase Agreement.B Shareholder owns all of the issued and outstanding capital stock of Seller.C Shareholder, during the course of ownship and operation of the Business, has acquired numerous business contacts among the public, financial institutions and _____ industry employees.D Purchaser shall expend a considerable amount of time, money, and credit with respect to the purchase and operation of the Business.E Purchaser does not desire to expend such time, money, and credit and then subsequently compete with Shareholder in the business of ____.F It is a condition precedent to the closing of the transactions contemplated by the Purchase Agreement(‘the Closing’), that Shareholder execute and deliver this Covenant and that Purchaser pay Shareholder certain amounts at Closing, all as more fully described below.THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:1 For a period of ____ years from the date hereof, Shareholder shall not have any controlling ownership interest(of record or beneficial) in, or have any interest as a director, principal executive officer, key employee, agent or consultant in, any firm, corporation, partnership, proprietorship, or other business that engages in any of the following activities within a ____ mile radius of the Business’s current location [describe].2 Additionally, Shareholder shall:a not refer prospective purchasers or lessees of ____ in ____, other than the Business; andb subject to any obligation to comply with any law, rule, or regulation of any governmental authority of other legal process to make information available to the person entitled thereto, keep confidential and shallnot use or permit his attorneys, accountants, or representatives to use, in any manner other than for the purpose of evaluating the transactions contemplated by the Purchase Agreement, any confidential information of Purchaser which Shareholder acquired in the course of the negotiation of the transactions contemplated by the Purchase Agreement.3 As consideration for the agreements of Shareholder set forth in Section 1 and 2 above, Purchaser shall, at the Closing, deliver to Shareholder＄___ by wire transfer of immediately available funds in such amount toa bank account designated by Shareholder.4 The term of this Agreement shall be ____ months, commencing on the date hereof.5 In the event that any provision of any part of any provision of this Agreement shall be void of unenforceable for any reason whatsoever, then such provision shall be stricken and of no force and effect. However, unless such stricken provision goes to the essence of the consideration bargained for by a party, the remaining provisions of this agreement shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.6 In the event of any litigation or legal proceedings between the parties hereto, the non-prevailing party shall pay the expenses, including reasonable attorneys’ fees and court costs, of the prevailing party in connection therewith.Agreed to as of this _____ day of _____,2011.Shareholder_______‘PURCHASER’___________BY_________Its_________Exercise V The concept of damages is central to the topic of contract remedies. Damages can be defined as ‘money awarded by a court in compensation for loss or injury’, should not be confused with damage denoting ‘loss or harm actionable in law’. After reading the text, find a synonym for damages in the second paragraph and match these types of damages(1-7) with their definitions(a-g)When there has been a breach of contract, the non-breaching party will often seek remedies available under the law. This area of the law, known as ‘remedies’, is a broad area, but can be summarized generally.Most remedies involve money damages, but non-monetary relief is also available in some cases. The basic remedy for breach of contract in the Anglo-American legal system is pecuniary compensation to an injured party for the loss of the benefits that party would have received had the contract been performed. Some examples of this kind of remedy include expectation damages or ‘benefit of the bargain’ damages. Certain damages are recoverable regardless of whether the loss was foreseeable, while the recovery of other damages hinges on foreseeability. Where the damage is the direct and natural result of the breach, the breaching party will be held liable to pay damages for such without regard to the issue of foreseeability. When lawyers plead these damages in court, they commonly refer to general damages. However, where the damage arises due to the special circumstances related to the transaction in question, damages are limited by the foreseeability rule, which states that they are only recoverable when it can be established that the damage was foreseeable to the breaching party at the time the contract was entered into, When lawyers plead these damages in court, they commonly refer to special or consequential damages.Where it is not possible to prove expectation damages, the non-breaching party can seek reliance damages, where the compensation is the amount of money necessary to compensate him for any expenses incurred in reasonable reliance on the contract. The non-breaching party is thus returned to the status quo ante with no profit or benefit from the contract.Another measure of damages is restitution damages, which compel the breaching party to give up anymoney benefit it obtained under the breached contract. Restitution damages are, for example, awarded when one party(the breaching party) completely fails to perform its obligations under the contract.The parties to a contract may, however, agree at the time they enter into the contract that a fixed sum of money shall be awarded in the event of a breach or to a formula for ascertaining the damages or for certain other remedies, e.g. right of repair. This type of damages is known as liquidated damages or stipulated damages.In some cases, a party will be able to obtain punitive or exemplary damages through the court which are designed to punish the breaching party for conduct which is judged to be particularly reprehensible, e.g. fraud. This type of damages is normally only awarded where specifically provided by statute and where a tort in some way accompanies the breach of contract.Where monetary damages would not be an adequate remedy, such as in a case where two parties enter into a real-estate contract and the seller decides to sell to a third party, the court may order specific performance. Specific performance involves an order by the court compelling the breaching party to perform the contract. Finally, there are other remedies available; for example, if there has been a default by one party, the other party may rescind or cancel the contract. This constitutes an undoing of the contract from the very beginning. In addition, legislation such as sale of goods legislation also allows for various remedies, including a right to reject goods in certain cases and a right to return or demand rapair or replacement. (toles 14,p79)a compensation agreed upon by the parties and set forth in the contract that must be paid by one or the other in the event that the contract is breached.b compensation determined by the amount of benefit unjustly received by the breaching partyc compensation for losses which are as a result of special facts and circumstances relating to a particular transaction which were foreseeable by the breaching party at the time of contractd compensation seeking to put the non-breaching party in the position he would have been had the contrat been performede compensation for a loss that is the natural and logical result of the breach of contractf compensation imposed by the court to deter malicious conduct in the futureg compensation necessary to reimburse the non-breaching party for efforts expended or expenses incurred in the reasonable belief that the contract will be performed1 expectation damages/’benefit of the bargain’ damages2 general/actual damages3 liquidated/stipulated damages4 reliance damages5 restitution damages6 special/consequential damages7 punitive/exemplary damagesExercise VI The text is an excerpt from a lease, setting forth the statutory conditions applying to the lease. Read it and complete the spaces using these subheadings.a Abandonment and terminationb Sub-letting premisesc Entry of premisesd Entry doorse Conditions of premises f Servicesg Good behaviourh Obligation of the tenantSTA TUTORY CONDITIONSThe following statutory conditions apply:1 ____ The landlord shall keep the premises in a good state of repair and fit for habitation during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or housing.2 (a)_____ Where the landlord provides a service or facility to the tenant that is reasonably related to the tenant’s continued use and enjoyment of the premises such as, but not as to restrict the generality of the foregoing, heat, water, electric power, gas, appliances, garbage collection, sewers or elevators, the landlord shall not discontinue providing that service.2 (b)_____ The tenant shall be responsible for the ordinary cleanliness of the interior of the premises and for the repair of damage caused by willful or negligent act of the tenant or of any person whom the tenant permits on the premises.4 ______ The tenant may assign, sub-let or otherwise part with possession of the premises subject to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless the landlord has actually incurred expense in respect of the grant of consent.5 _____ If the tenant abandons the premises or terminates the tenancy otherwise than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or termination to the extent that a party to a contract is required by law to mitigate damages.6 _____ Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless:(a) notice of the termination of the tenancy has been given and the entry is at a reasonable hour for the purposes of exhibiting the premises to prospective tenants or purchasers; or(b) the entry is made during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry.7______ Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the premises.Exercise VII fill the blanks with a word to collocate with the words in the sentence, which is usually used in the legal context initial letter of that word is given.1. This a_______(adjective) can come before discharge, majority, monopoly, privilege, right and title.(answer: absolute)2. This a_______(verb/noun) can come before the words your authority, of power, of process and of human rights.3. This a_______(noun) can come before the expressions in personam, in rem and in tort, and after the expression to take legal.4. This a_______(adjective) can come before outcome, party, possession and witness.5. This a_____(noun) can come before agreement, award, board and clause, and also after the expression to submit a dispute to, to refer a question to, to take a dispute to and to go to.6. This b_____(noun) can come before the expression of confidence, of contract, of promise, of the peace, of trust and of warranty, and between the preposition in＋of.7. This c_____(noun) can come before allowance, assets, crime, expenditure, gains, goods, levy, loss and punishment, and in the expression to make political _____ out of something.8. This a_____(noun) can come before the expressions of approval, of deposit, of incorporation, of judgment, of origin, of registration, of registry and of service.9. This c_____(adjective) can come before the words action, court, disobedience, disorder, law, liberties rights and strife.10. This c_____(adjective) can come before the words assault, carrier, land, la, ownership, position, pricing and seal, and after the expression tenancy in.11. This c_____(noun) can come before the words fund, order, and package, and before the expressions of damage, for loss of office and for loss of earnings.12. This c_____(noun) can come before the words confidence, council, credit, goods, group, legislation and protection.13. This c_____(noun) can come before the words law, note and work, before the expressions ofemployment, of service and under seal, after the word under, and after the expressions by private and to voida.14. This c_____(noun) can come before the words action, case and order, before the expressions of appeal, of first instance, of last resort and of law, after the words open, criminal and civil, and after the expressions out of and to take someone to.15. This c_____(noun) can come before the words act, action, bankruptcy, court, damage, law, libel, negligence, offence, record and responsibility, and after the words hardened and habitual.16. This c_____(noun) can come before the words barrier, clearance, declaration, duty, examination, formalities, officer, seal, tariffs and union, before the expression and Excise, and after the expression to go through.17. This d_____(noun) can come before the words counsel, statement and witness, before the expression before claim and after the expression to file a.18. This d_____(noun) can come before the words abuse, addict, addiction, baron, czar, dealer, runner, squad and trafficking, and after the classification expressions Class A, Class B and Class C.19. This f_____(adjective) can come before the words conveyance, misrepresentation, preference, trading and transaction.20. This f_____(noun) can come before the expressions of assembly, of association, of information, of movement, of speech, of the press and of thought, conscience and religion.21. This i_____(noun) can come before the words documents, papers, parade and theft, after the word false, and after the expressions to change your, to be asked for proof of and a case of mistaken.22. This i_____(adjective) can be used before the words contract, malice, term and trust, and before the expression terms and conditions.23. This a_____(adjective) can be used before the words accident, development, dispute, espionage, injury, property, relations and tribunal, and before the expression arbitration tribunal.24. This j_____(adjective) can be used before the words account, beneficiary, committee, discussions, heir, liability, management, owner, ownership, signatory, tenancy and tortfeasors, and before the expressions and several, and several liability and commission of inquiry.25. This j_____(noun) can come before the words creditor, debtor, and summons, before the expression by default, after the expressions to pronounce, to enter and to take, and in the expression to give you r…on something.26. This j_____(adjective) can come before the words immunity, notice, precedent, processes, review and separation. In Britain, it can come before the expressions Committee of the House of Lords and Committee of the Privy Council.27. This j_____(noun) can come before the words box, room, service, and vetting, after the expression foreman of the, and in the expression to be called for…service.28. This l_____(noun) can come before the expressions before action, of acknowledgement, of allotment, of application, of appointment, of attorney, of complaint, of credit, of demand, of indemnity, of intent, of reference, of renunciation and of request.29. This l_____(adjective) can come before the words liability, market, partner, partnership and warranty, and before the expression liability company.30. This n_____(adjective) can come before the words earnings, estate, gain, price, profit, result and worth.2 abuse; action adverse arbitration breach capital certificate civil common compensation consumer contract court criminal customs defence drug fraudulent freedom identity implied industrial joint judgment(also spelt judgment) judicial jury letter limited net(also spelt nett)。

法律英语证书（LEC）考试简介随着中国入世和对外开放的逐步深入，法律英语的重要性日渐凸现。

然而，由于法律英语的特殊性，国内一直没有一个科学的考核指标衡量法律从业人员专业英语的掌握程度。

法律英语证书（Legal English Certificate，简称LEC）全国统一考试由总部设在美国的美中友好交流促进会与中国政法大学共同研究推出，目的是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的能力。

法律英语证书全国统一考试试题由其考试委员会全体委员共同设计、决定。

考试委员会五十名成员由来自国内外的法律英语专家、学者、著名律师担任。

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，内容涉及美国宪法、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，重点考察合同法、商事组织法、侵权法、知识产权法及财产法的知识；试卷二是主观题，包括法律英语英汉互译和法律英语写作两项，其中法律英语写作将重点考察office memo, case brief 及律师信函的写作格式及作文内容。

从事涉外法律业务的工作人员，想提高自身专业英语能力的法律从业人员，立志从事涉外法律职业的在校法学院学生、外语学院学生，以及打算出国（尤其是美国、加拿大）攻读法学专业的人士都可以参加法律英语证书（LEC）全国统一考试。

法律英语证书考试属水平考试，满分为200分，试卷一和试卷二分别在60分以上、总分在125分以上为合格。

该考试证书是从事涉外法律服务工作的专业英语水平权威证明；该考试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。

法律英语证书全国统一考试每年举行两次，分别将在5月份和12月份的最后一个周六举行，暂时只设中国政法大学考点。

九年级英语法律常识入门单选题50题答案解析版1.You should follow the school _____.wB.ruleC.regulationD.order答案：B。

“rule”通常指具体的规则，学校规则用“rule”比较合适。

“law”一般指国家法律；“regulation”更强调规章制度；“order”更多是秩序的意思。

这里学校的规定用“rule”恰当。

涉及的法律常识点是不同词汇在法律相关语境中的区别。

2.In your family, parents make some _____.wsB.rulesC.regulationsD.orders答案：B。

家庭中父母制定的是“rules”，家庭规则。

“laws”是国家法律；“regulations”规章制度一般用于正式场合；“orders”命令，不太符合家庭制定规则的语境。

涉及的法律常识点是不同词汇在家庭相关语境中的区别。

3.The traffic _____ must be obeyed.wB.ruleC.regulationD.order答案：C。

交通规则一般用“regulation”。

“law”国家法律范围太大；“rule”比较宽泛；“order”秩序不太准确。

涉及的法律常识点是交通规则用词的准确性。

4.At school, we must respect the school's _____ on uniform.wB.ruleC.regulationD.order答案：B。

学校关于校服的规定用“rule”。

“law”法律不合适；“regulation”规章制度有点正式；“order”秩序不准确。

涉及的法律常识点是学校具体规定的用词。

5.The government makes _____ to protect people.wsB.rulesC.regulationsD.orders答案：A。

政府制定的是“laws”法律来保护人们。

法律英语_南京审计大学中国大学mooc课后章节答案期末考试题库2023年1.直接管理公司的机构是董事会，董事会的英文是Board of ________参考答案:Directors2.M&A是哪两种行为的简称？参考答案:merger and acquisition3.trial court的中文意思是参考答案:初审法院4.公司的解散可以表达为参考答案:dissolution_termination5.有权优先分配公司红利的股票是参考答案:preferred stock6.judicial system最准确的中文翻译为参考答案:司法审判系统7.下列选项中，可以译为“新设合并”的是参考答案:consolidated merger8.下列选项中，可以译为“薪酬委员会”的是参考答案:compensation committee9.在大陆法的dual boards 制度中，除了board of directors意外，还包括board of ________ （监事会、监察委员会）参考答案:supervisors10.“立法机关”英文应表达为参考答案:legislature11.Justice的意思有参考答案:正义_大法官12.“非法的”在英文中可以表达为unlawful_illegal_wrongful13.“合法的”在英文中可以表达为参考答案:legal_legitimate_legit14.violation的意思有参考答案:违法_侵犯（权利）15.“自愿解散”在英文中可以译为参考答案:voluntary dissolution_Dissolution by agreement16.下列选项中，可以译为劳动法的有参考答案:labour law_Employment Law_Employment Act17.世界贸易组织的英文应表达为参考答案:World Trade Organization18.plea bargaining 的意思是控辩交易19.下列选项中属于指控文件的有参考答案:complaints_informations_indictment20.arrest warrant中文意思是参考答案:逮捕令21.“法律”在英文中可以表达为参考答案:Law_Code_Statute_Act22.公司章程在英文中可以表达为 _____ of association参考答案:articles23.betrothal的中文意思是？参考答案:婚约24.下列选项中，表示婚姻的英语有参考答案:marriage_matrimony25.divorcee practice的中文意思是参考答案:离婚律师业务26.下列选项中表示“律师”的有参考答案:lawyer_attorney_counsel27.Office of the court的中文意思是参考答案:律师28.The regulation of the legal profession is primarily the concern of the states,each of which has its own requirements for admission to （）.对法律职业的管制主要是州政府的事。

第1篇Case Name: The Case of Smith v. JohnsonFactual Background:In the small town of Greenfield, John Smith, a 45-year-old electrician, purchased a brand new SUV from Johnson Motors, a reputable car dealership. On the date of purchase, John signed a standard sales agreement, which included the following provisions:1. The vehicle was sold "as is," with no warranties or guarantees, express or implied.2. The buyer, John Smith, agreed to inspect the vehicle before the purchase and was solely responsible for determining its condition.3. In the event of any dispute, the parties agreed to resolve it through arbitration under the rules of the American Arbitration Association (AAA).John drove the SUV for a few weeks without any issues. However, on his fourth week of ownership, he discovered that the vehicle had a significant oil leak. He promptly brought the SUV back to Johnson Motors for repair. The dealership inspected the vehicle and confirmed the oil leak, but claimed that it was due to John's negligence in maintaining the vehicle.John was not satisfied with this explanation and sought legal advice. He retained the services of Attorney James Thompson, a seasoned lawyer with expertise in consumer protection laws. Attorney Thompson reviewed the sales agreement and advised John that the "as is" clause could potentially invalidate his claim against Johnson Motors.Issues of Law:1. Validity of the "as is" Clause: John's primary issue was whether the "as is" clause in the sales agreement was enforceable under the applicable consumer protection laws.2. Negligence: Johnson Motors claimed that the oil leak was due toJohn's negligence in maintaining the vehicle. This issue revolved around the standard of care required for the maintenance of a new SUV.3. Arbitration: The sales agreement required that any disputes be resolved through arbitration. John was concerned about the fairness and impartiality of the arbitration process.Analysis and Argument:1. Validity of the "as is" Clause:Attorney Thompson argued that the "as is" clause was unenforceable under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (MMWFCA). This Act provides that manufacturers and sellers cannot disclaim implied warranties on consumer products, except in certain limited circumstances. Thompson contended that the "as is" clause violated the MMWFCA by disclaiming the implied warranty of merchantability, which guarantees that the product will be fit for the ordinary purposes for which such goods are used.Thompson further argued that the "as is" clause was not fair and reasonable under the circumstances, as the SUV was a new vehicle, and the oil leak was discovered shortly after the purchase. He cited case law that held that such clauses are voidable if they are unconscionable or if they cause significant harm to the consumer.2. Negligence:Thompson challenged Johnson Motors' claim of negligence by presenting evidence that the oil leak was a defect in the vehicle's design or manufacturing process. He argued that the standard of care for maintaining a new SUV was relatively low, as the vehicle was under warranty and the manufacturer was responsible for addressing any defects.Thompson also presented expert testimony from a mechanic who confirmed that the oil leak was not due to John's negligence but rather a manufacturing defect. This testimony supported Thompson's argumentthat Johnson Motors was liable for the repair costs.3. Arbitration:Thompson argued that the arbitration clause in the sales agreement was procedurally and substantively unconscionable. He pointed out that the clause was buried in the fine print of the agreement and that John had no opportunity to negotiate its terms. Thompson also contended that the AAA arbitration rules were biased in favor of the business community, making it difficult for consumers like John to receive a fair hearing.Conclusion:After a thorough investigation and legal analysis, Attorney Thompsonfiled a lawsuit against Johnson Motors on behalf of John Smith. The case went to trial, and the court ruled in favor of John Smith, finding that the "as is" clause was unenforceable under the MMWFCA and that Johnson Motors was liable for the repair costs due to the manufacturing defect.The case of Smith v. Johnson highlights the importance of consumer protection laws and the need for clarity in sales agreements. It serves as a reminder to consumers to carefully review the terms of any contract before signing and to seek legal advice if they believe their rights have been violated.Note: This case study is a fictional representation and is intended for educational purposes only. The facts, issues, and outcomes are purely hypothetical and should not be considered as legal advice.第2篇Background:In the small town of Maplewood, nestled between rolling hills and dense forests, there stood a historic property known as the old Redding mansion. The mansion, built in the early 1900s, was a masterpiece of Victorian architecture, with intricate ironwork, grand porches, and a stunning garden. Over the years, the mansion had changed hands several times, but it always remained a symbol of the town's rich history.Facts:On April 1, 2021, Mr. John Redding, the current owner of the mansion, entered into a contract of sale with Ms. Emily Thompson, a wealthy real estate developer. The contract, drafted by Mr. Redding's attorney, Mr. Robert Johnson, outlined the terms of the sale, including the purchase price of $1.5 million, the closing date of June 30, 2021, and the condition that the mansion would be preserved in its original state for at least ten years.The contract also included a clause stating that any disputes arising from the contract would be resolved through arbitration. Before signing the contract, Ms. Thompson had the mansion inspected by a professional appraiser, who valued it at $1.6 million. Despite this, Ms. Thompson agreed to the purchase price, primarily because of her desire topreserve the mansion's historical significance.However, as the closing date approached, Ms. Thompson became concerned about the mansion's condition. She hired a structural engineer toinspect the property, who reported significant structural damage, including cracks in the foundation and rotting timbers. Ms. Thompsonthen hired a preservation specialist, who advised her that the mansion required extensive repairs and restoration work, which would cost approximately $500,000.Upon receiving this news, Ms. Thompson contacted Mr. Redding and requested a reduction in the purchase price to reflect the necessary repairs. Mr. Redding refused, arguing that the mansion's condition was disclosed in the contract and that the purchase price was non-negotiable. Ms. Thompson, feeling misled, terminated the contract and sought damages for breach of warranty.Issues:1. Did Mr. Redding disclose all material facts about the mansion's condition to Ms. Thompson?2. Was the clause requiring arbitration in the contract enforceable?3. Did Mr. Redding breach any warranties in the contract?4. What remedies are available to Ms. Thompson for the breach of contract?Discussion:1. Disclosure of Material Facts:Under common law principles, a seller has a duty to disclose all material facts that would affect the buyer's decision to purchase the property. In this case, the structural damage to the mansion was a material fact that would significantly impact the value and usability of the property. The question is whether Mr. Redding fulfilled his duty of disclosure.The contract of sale included a clause stating that the mansion was sold "as is," which might suggest that Mr. Redding did not make any representations about the property's condition. However, the clause also required that the mansion be preserved in its original state for atleast ten years. This could be interpreted as an implicit warranty that the property was structurally sound at the time of sale.If the court finds that Mr. Redding had knowledge of the structural damage and failed to disclose it, he may be liable for misrepresentation and breach of warranty.2. Enforceability of the Arbitration Clause:The Federal Arbitration Act (FAA) provides that arbitration agreements in contracts involving commerce are generally enforceable. In this case, the contract of sale clearly provides for arbitration as the dispute resolution mechanism.Ms. Thompson's argument that the arbitration clause is unenforceable would likely fail unless she can demonstrate that the clause was procedurally or substantively unconscionable. Given that the clause was drafted by Mr. Redding's attorney and Ms. Thompson had the opportunity to negotiate its terms, it is unlikely that the court would find the clause unenforceable.3. Breach of Warranty:If the court finds that Mr. Redding failed to disclose the structural damage, he may be liable for breach of warranty. The warranty of habitability requires that the property be fit for habitation at the time of sale. Given the extent of the damage reported by the structural engineer, it is clear that the mansion is not fit for habitation.4. Remedies for Breach of Contract:If Ms. Thompson prevails on her claim, she may be entitled to damagesfor the breach of contract. These damages could include the difference between the agreed-upon purchase price and the actual value of the property after repairs, as well as any additional costs incurred due to the breach.In addition, Ms. Thompson may seek specific performance, which would require Mr. Redding to sell the mansion to her at the original purchase price. However, given the significant repairs required, it is unlikely that this remedy would be granted.Conclusion:The case of the old Redding mansion presents several interesting legal issues, including the duty of disclosure, enforceability of arbitration clauses, breach of warranty, and available remedies. The outcome of the case will depend on the court's interpretation of the contract and the evidence presented by both parties. If Mr. Redding is found to have breached his duty of disclosure, Ms. Thompson may be entitled to damages or specific performance. However, if the arbitration clause is upheld, the dispute may be resolved through an arbitration proceeding, which could have a different outcome.第3篇Case Name: Smith v. JohnsonFactual Background:In the summer of 2019, John Smith, a resident of New York City, purchased a new car from Johnson Motors, a local car dealership. The car was a 2020 model, and Smith was excited to drive it home. However, afteronly two weeks of ownership, Smith noticed that the car was experiencing engine problems. Despite multiple visits to the dealership for repairs, the issue persisted.Disheartened and frustrated, Smith decided to file a lawsuit against Johnson Motors, claiming that the car was defective and that the dealership had breached the terms of the sales contract. The case eventually made its way to the Supreme Court of New York, and the court was asked to determine whether Johnson Motors had fulfilled its obligations under the warranty and whether Smith was entitled to damages for the defective vehicle.Legal Issues:1. Warranty Breach: The central issue in this case revolves around whether Johnson Motors breached the warranty that accompanied the sale of the car. Smith argues that the car's engine problems are a direct result of a manufacturing defect, which falls under the warranty coverage.2. Consumer Protection Laws: Smith also asserts that Johnson Motors violated various consumer protection laws by failing to provide adequate maintenance and repairs. These laws are designed to protect consumers from deceptive and unfair business practices.3. Negligence: Additionally, Smith claims that Johnson Motors was negligent in selling him a defective vehicle. The dealership, on the other hand, argues that it acted with reasonable care and did not have knowledge of the defect at the time of sale.4. Statute of Limitations: Another legal issue that arises is whether the statute of limitations has expired. Smith argues that the defect became apparent within the statutory period, while Johnson Motors claims that the defect only became significant after the statute of limitations had expired.Analysis:1. Warranty Breach:- The court must first determine whether the engine problems are indeed a manufacturing defect. If so, Johnson Motors is likely in breach of the warranty.- The warranty document should be examined to ascertain the specific terms and conditions under which the dealership is obligated to repair or replace the defective vehicle.- The court will also consider whether Johnson Motors provided timely and effective repairs during the warranty period.2. Consumer Protection Laws:- The court will look at the New York Consumer Protection Law (NYCL) and determine if Johnson Motors engaged in deceptive or unfair practices.- Evidence of previous complaints against Johnson Motors for similar issues may strengthen Smith's case.3. Negligence:- The court will assess whether Johnson Motors had a duty to inspect and test the vehicle for defects before selling it to Smith.- If the dealership failed to perform these duties, it may be found negligent and liable for the damages incurred by Smith.4. Statute of Limitations:- The court will review the relevant statute of limitations for warranty claims and determine whether Smith filed his lawsuit within the prescribed time frame.- If the statute of limitations has expired, Smith's claim may be dismissed.Conclusion:Based on the facts presented, the court is likely to find in favor of Smith on the issue of warranty breach. If the engine problems are deemed a manufacturing defect, Johnson Motors will be obligated to repair or replace the vehicle under the terms of the warranty. Additionally, ifthe evidence supports the claim that Johnson Motors violated consumer protection laws and acted negligently, the court may award Smith damages for the cost of repairs, replacement, and any other related expenses.The case of Smith v. Johnson serves as a reminder to both consumers and businesses of the importance of clear and enforceable warranties and the obligations that accompany the sale of goods. It underscores the needfor due diligence on the part of sellers to ensure that the products they offer are of high quality and meet the expectations of their customers.。

题型：1、汉译英10*2’（一课两题，两个以上单词构成的短语，专业复合词）2、英译汉10*1’（一课两题，两个以上单词构成的短语，专业复合词）3、句子翻译（汉译英）5*6 （每课一题，应该是从课后练习题中出）4、段落翻译（英译汉）1*20’（会涉及到第六课的生词）5、写作1*20 （老师曾布置过第五课的P50页的作文，不知会否从课后题出）Lesson 1短语：cause of action 案由at hand 近在手边，手头（的）civil law 大陆法common law 普通法give rise to 引起provide for 规定compensate (sb.) for 补偿(某人的)…be entitled to 有权…，有资格…be entitled to 有权……，有资格……单词：Coercive 强迫的，强制的enforcement 实施，强制执行norm 标准，规范Entity 实体legislative 立法的，立法机构创立的judicial 司法的adherence 遵守procedure 程序lawsuit 诉讼，案件appeal 上诉breach 违反constitution 宪法的tort 侵权litigation 诉讼compensate 补偿adjudicate 判决statute 成文法，法条precedent 先例，判例1、法律是一组规则，违反这些规则将引起案由，可在法院起诉。

Law is a set of rules. Violation of these rules may give rise to a cause of action in a court.2、一种流行的观点认为法律不仅仅是一组规则，而且还是为使人们遵守规则而采取的行动。

One popular view of law holds that law is not only a set of rules, but also actions for the purpose of adherence to these rules.3、不管怎样界定法律，法律离不开一个强制性机构，这个机构通过强制人们遵守社会规范而保持控制。