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 1
A. defendant F. adjudicate
B. allegation G. review
C. case law H. plaintiff
D. law I. Common Law
E. 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.
( )https://www.doczj.com/doc/8815876101.html,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 2
A executive branch F devolution
B. federal G. defamation
C. legislation H. legislative branch
D. confederation I. allegation
E. judicial branch J. constitution
( )11. Laws or written rules which are passed by Parliament and implemented by the courts.
( )12. The government department that is responsible for determining the constitutionality of legislative and executive actions, and adjudicating 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 carrying laws 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 3
A．separate property F. adultery
B．bigamy G. beneficiary
C．custody H. separation
D．heir I. necessaries
E．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 marriage during a divorce proceeding and after divorce is final.
( )23. Property owned By either spouse before marriage or acquired during marriage by gift or inheritance.
( )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 to an incompetent person's station in life, yet not available or provided by 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 other than 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 4
A. proprietor F. dividends
B. limited partner G. general partner
C. dissolution H. proxy
D. quorum I. liquidation
E. 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.
Lesson Three Comparing Civil and Criminal Law I.Discuss the following questions: 1.What are the two objectives of criminal law? 2.What is civil law concerned with? 3.What are the two main branches of civil law? 4.In terms of duties or obligations, what are the differences between contract law and tort law? 5.How many kinds of torts are mentioned in the text? What are they? What are the difference and relationship between them? 6.Are compensatory damages and punitive damages the same in nature? Why or why not? Why are punitive damages seldom awarded? 7.Is it justified to say that a certain person can file a criminal charge against someone else? Why? II.Read the text again and decide whether these statements are true or false: 1.As for criminal law, there is just one purpose: to prevent antisocial behavior. F 2.Prevention of bad behavior may be more the consequence of civil law than the purpose. T 3.The primary purpose of civil law is the compensation of those injured by someone else’s behavior. T 4. A agreed to lease an apartment from a landlord for one year and A paid the rent for one year shortly after he moved in. Half a year later A moved out for unknown reasons, and then the landlord had the right to sue A for breach of contract. F 5.Negligent tort has occurred when one fails to act reasonably and unintentionally injury someone. T 6.Many intentional torts are also crimes and this is where civil law and criminal law has much in common. T 7.Criminal law is concerned with the immorality of an act while tort law is not. F https://www.doczj.com/doc/8815876101.html,plete the sentences below using the words or phrases given: undesirable; nonconformity; monetary; compensation; liability; restitution; tortfeasor; battery; fraternity; damages 1.The monetary system of certain countries used to be based on gold. 2.Civil law actually acts to prevent nonconformity to society’s behavior. 3.The court estimated the compensation in money for damages sustained by the plaintiff in the contract. 4.Since A has not breached the contract, he holds no liability for damage. 5.Restitution means the act of making good or compensating for loss, damage, or injury, or a return to or restoration of previous state or position. 6.If one at a party heaves a beer bottle and strikes another present either unintentionally or on purpose, he has committed a tort and he is known as a
1 A buyer can accept goods by: A. Stating an intention to take them. B. Failing to reject them. C. Treating the goods as if the buyer owned them. D. All of the above. 2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. In order for someone to be convicted of a crime, which of the following elements must be present? A. The defendant had a socially maladjusted childhood. B. The defendant had no intent to commit the act. C. The defendant performed a prohibited act. D. The defendant performed a morally questionable act. Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: A. Robbery. B. Embezzlement. C. Misappropriation. D. Conversion. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs: A. Insider trading. B. Economic espionage. C. Money laundering. D. Burglary. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:
2013-2014学年第二学期 华侨大学法学院期末考试试卷 考试科目：法律英语考核类型：A卷考试时间：120 分钟 学号姓名授课教师骆旭旭 (注意：所有的答案（包括选择题）应做在空白答题纸上) Exercise 1: Translate the following sentence into Chinese.(30%) The dominant purpose in starting the public enterprises had been public good and profit motive was secondary; however, of late the scenario has changed. With the liberalisation of markets the public undertakings are in direct competition with the private players and have to have profit motive in mind. If not, there have been criticisms by industry on the unequal treatment meted out to the private players. Here it is important to note the definition of "enterprise" under the Competition Act. It makes no distinction between a private and a public enterprise/undertaking. In fact it even includes a department of the Government which does not perform a "sovereign function". Functionally, the public undertakings have been broadly classified into four heads: ?Financial Institutions, such as Life Insurance Corporation of India, Reserve Bank of India, Export Credit and Guarantee Corporation Ltd, Film Finance Corporation Ltd, Unit Trust of India, Industrial Reconstruction Bank, etc. ?Promotional and Development Undertakings, such as Rehabilitation Housing Corporation Ltd, National Research Development Corporation Ltd, Food Corporation of India, Central Warehousing Corporation, National Small Industries Corporation Ltd, etc. ?Commercial and Industrial Undertakings, such as State Trading Corporation, Hindustan Machine Tools Ltd, Indian Airlines Corporation, Air India, etc. ?Public Utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim.
第五单元 Directions: In this section you'll hear some short conversations. Listen carefully and choose the best answer to the questions you hear. 1. A. She is upset with her daughter's school. B. She has nothing for her to do where she is. C. She is starting her own company. D. She has a new job. 2. A. He's too lazy. B. It's summertime. C. He can't see them. D. They look good. 3. A. She didn't want to answer while relaxing. B. She didn't notice that it was ringing. C. She didn't want to leave her bath. D. She was asleep at that time. 4. A. The man wants to marry the woman. B. The woman wants to marry the man. C. The man and woman are married. D. The man's mother wants the two to marry. 5. A. The woman is cleaning the home. B. The man is inviting the woman to stay. C. The man and woman live together. D. The man doesn't want the woman to move. 6. A. On the street. B. In the woman's home. C. With his mother. D. In his own place. 7. A. The man has a title he fought for. B. The man only had a couple of days to train. C. The man is a boxer with an upcoming fight. D. The man has trouble when he trains for fights. 8. A. The woman is talking on her mobile phone. B. The woman wants to bring home some milk. C. The man has picked up some bread.
练习1：外国合营者如果有意以落后的技术和设备进行欺骗，造成损失的，应赔偿损失。If the foreign joint venturer causes any losses by deception through the intentional use of backward technology and equipment, it shall pay compensation for the losses. 修改提示：单复数考虑不周；用语不够简洁。 答案（修改要点）：causes any losses →causes any loss(es) 造成一项或多项损失时都应当赔偿，不能仅用复数形式。 pay compensation for the losses →pay compensation therefor (therefor=for that/them) 练习2：人民法院、人民检察院和公安机关办理刑事案件，应当分工负责，互相配合，互相制约，以保证准确有效地执行法律。 原译文：The people’s courts, people’s procuratorates and public s ecurity organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law. 修改提示：“分工负责”，应理解为：侧重点在“负责”，而非“分工”，即分工过程中各负其责；respective 比own 更为妥当、准确；原来的译文中，and they shall …比较啰嗦，更严重的问题是，使to ensure …割断了与divide their functions 的联系。 答案（修改要点）：in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law.→… in handling criminal cases, take responsibility for their respective work while dividing functions, co-ordinate, and check each other, to ensure correct and effective enforcement of law. 练习3：商标注册人享有商标专用权，受法律保护。 原译文：Trademark registrants shall enjoy the right to exclusive use of their trademarks and shall be protected by law. 修改提示：商标专用权的译文“貌合神离”，立法原意是“商标专有权”；受法律保护的主语有些歧义，可加括号处理；原文shall滥用，因为并未刻意强调“必须，一定要”。 答案（修改为）：Trademark registrants have the exclusive trademark right, (and are) protected by law. 练习4：被告人的犯罪情节极其严重、社会影响极其恶劣、社会危害极其严重。 原译文：The extremely serious circumstances of the offense committed by the accused have brought abominable influence and severe hazard to the whole society. 修改提示：bring的用法有些生硬，动宾搭配不太适当。 答案（修改为）：have brought abominable influence and severe hazard to the whole society. → have exerted an abominable influence and posed a severe hazard to society. (exert, vt. 施加，产生，如exert pressure on, exert an influence on; abominable, adj. 可恶的，极坏的；pose v. 提出，形成，成为；使摆好姿势pose a problem; pose an obstacle/a threat to …) 练习5：买卖双方同意按下列条款由卖方出售，买方购进下列货物：货号; 品名及规格；数量；单价；总值(数量及总值均有_____%的增减, 由卖方决定)；生产国和制造厂家；包装；唛头；装运期限；装运口岸；目的口岸；保险；
1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies
Passage One If leadership, basically speaking, consists of getting things done through others, then persuasion is one of the leader’s essential tools. Many executives have assumed that this tool is beyond their grasp, available only to the charismatic (有魅力的) and the eloquent. Over the past several decades, though, experimental psychologists have learned which methods reliably lead people to compromise, dissent, or change. Their research shows that persuasion is governed by several principles that can be taught and applied. The first principle is that people are more likely to follow someone who is similar to them than someone who is not. Wise managers, then, enlist peers to help make their cases. Second, people are more willing to cooperate with those who are like them as well as those who like them. So it’s worth the time to uncover real similarities and offer genuine praise. Third, experiments confirm the intuitive truth that people tend to treat you the way you treat them. It’s sound policy to do a favor before seeking one. Fourth, individuals are more likely to keep promises they make voluntarily and explicitly. The message for managers here is to get commitments in writing. Fifth, studies show that people really do have respect for experts. So before they attempt to exert influence, executives should take pains to establish their own expertise and not assume that it’s self-evident. Finally, people want more of a commodity when it’s scarce; it follows, then, that exclusive information is more persuasive than widely available data. 1. Many executives think that ________. A) they don’t have to acquire the skills of persuasion B) they have mastered the skills of persuasion C) it is impossible for them to handle persuasion D) persuasion is of no use
法律英语证书（LEC）全国统一考试样题 试卷一 本题为单项选择题，限时180分钟。 1. Bill of Rights a. Domestic federal legislation. b. Legal protection against interference of rights by private individuals. c. A popular name given to the first ten amendments to the U.S. Constitution. d. The federal constitutional provision which grants rights to state governments. 2. Standing a. Abbreviation of “notwithstanding” b. The ability to bring a lawsuit because of a party’s actual injury for which the court can provide a remedy. c. The ripeness of a case or controversy. d. The status of a person, group, or organization appearing as a “friend of the court.” 3. Consideration a. Process of judicial deliberation before rendering a decision in a contested case. b. The lengthy recitals of “boilerplate”language appearing in many contracts. c. The inducement to enter a contract, and a necessary element to prove the validity of a contract. d. The detrimental reliance of an offere e. 4. Promissory Estoppel a. A failure to prosecute a civil or criminal action. b. Power to make an offer to the public rather than a specific individual. c. Equitable doctrine recognized as substitute for consideration in some cases. d. Ability of an agent to bind a principal in matters beyond the scope pf agency.
1. To discuss the differences between the civil law system and the common law system. ⅠThe original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. ⅡThe main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. ⅢThe civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. ⅣThe classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity. ⅤSince theory and doctrines is important in legal education of civil law system, professor plays an important role in legal education. on the contrary, cases is the main source of common law, thus the judge's decision is more important. ⅥThe civil procedure is Adversary system (对抗式诉讼),in common law system ,judges take a relatively passive role. Inquisitorial system（纠问式诉讼）, in civil law countries , judges have the power to investigate the case and inquire the parties and the witnesses. 2. To discuss the main differences between American and Chinese law school teaching. ⅠLaw is an undergraduate degree in the china, while in the us is postgraduate degree. ⅡThe teaching method In USA, the teaching method is case method or Socratic method, students instead of the professors play an active role in the class. In China, the professor exposes the law to his students, who take notes and do not intervene in class. ⅢCases vs. Doctrines
新概念英语第二册综合水平测试题 一、根据音标写单词（10分） 1. [r?'mɑ?k]? 2. [r?'ma?nd] 3. [gl?m(p)s] 4. [fla?t]? 5. ['f?r?st] 6. ['v?l?d??] 7. [d?'sk?v?] 8. [s?'d?est] 9. [k?'lekt]10. [swi?p]11. [r?'w??d]12. [spe?s] 13. [k??z]14. ['f??g?]15. ['k?nf?d(?)nt]? 16. [?k'spl???(?)n] 17. [sm??k]18. [?n'kri?s]19. ['eksp??t]20. ['fju?t??]? 二、单项填空（20分） 21. It’s interesting, but ________ difficult for me. A. little B. a little C. a few D. few 22. Everyone ______ here last Monday. A. were B. is C. are D. was 23. Did Julie study _______ exams? A. to B. for C. have D. at 24. It was a _________ day yesterday. A. rain B. raining C. rainy D. to rain 25. There are also many fast food restaurants in _________ parts of our city. A. other B. others C. another D. the others 26. You needn’t _________ your English. I will help you. A. worry B. worried C. worry about D. worried about 27. —_________ does you mother go to the supermarket? —By bus. A. Where B. When C. How D. What 28. It’s time ___________class. A. for have B. have C. to have D. to having 29. He helped his mother clean the rooms and then ________ his homework yesterday afternoon. A. do B. doing C. does D. did 30. —Is that ________ interesting book? —Yes, but it is ___________ difficult. A. an, a little B. a, a bit C. a, a little D. an, little 31. —When did you see the film? —__________. A. Two hours ago. B. In an hour C. Two hours D. In two hours ago 32. How about _________ the supermarket? A. to go to B. going C. to go D. going to 33. I’d like ________ TV, but my father enjoys _________ newspapers. A. watching, reading B. seeing, see C. to see, see D. to watch, reading 34. His __________ says it’s 7:00 pm. A. belt B. wallet C. watch D. ring 35. I think the TV show is interesting. Do you ________ me? A. like B. agree C. agree to D. agree with 36. —I love Sports News. What about you? —__________. did, too do, either do, too D. I love to