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2-12法律英语三习题题库

2-12法律英语三习题题库
2-12法律英语三习题题库

武昌理工学院

三习题题库

系别英语系

课程名称法律英语

授课教师谭宗燕

总学时54

教学班级法学12级

教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月20日

文法与外语学院制

法律英语三习题汇总

Lesson One Legal System

预习题

1. What are the major legal systems in the world?

2. What is the characteristic of the American Legal System?

3. How could people obtain justice, if not in the common law courts?

复习题

https://www.wendangku.net/doc/1c15852718.html,mon law vs. equity law

2.Characteristics of American legal system

https://www.wendangku.net/doc/1c15852718.html,mon legal terms

练习题

I. Answer the following questions according to the text:

1.W h a t l a w i s t h e b a s i s o f l a w i n E n g l i s h-s p e a k i n g c o u n t r i e s?

2.W h y d i d t h e E n g l i s h c a l l t h e i r s y s t e m t h e c o m m o n l a w?

3.H o w a r e c a s e s d e c i d e d i n c o m m o n l a w c o u n t r i e s?

4.W h a t i s t h e i m p o r t a n t f a c t o r i n u n d e r s t a n d i n g t h e l e g a l e n v i r o n m e n t i n

c i v i l o r c o m m o n l a w c o u n t r i e s?

5.I n w h a t w a y i s c o m m o n l a w s y s t e m d i f f e r e n t f r o m t h e c i v i l l a w s y s t e m?

I I.T r a n s l a t e t h e f o l l o w i n g s e n t e n c e s:

1.美国和英国是普通法国家的代表。这两个国家的法律有许多相同的地方。

2.世界上主要有两大法系,一个是以美,英为代表的普通法系,另一个是以法,德为代表的大陆法系。

3.现在大陆法系与普通法系的差别正在缩小。

4.在英国和美国等普通法国家,案件的裁决是以传统,惯常做法和对成文法的解释为依据。

5.C i v i l o r c o d e l a w c o u n t r i e s h a v e a s t h e i r p r e m i s e t h e w r i t i n g o f c o d e s o f c o n d u c t t h a t a r e i n c l u s i v e o f a l l f o r e s e e a b l e a p p l i c a t i o n o f l a w.

6. Common law countries do not attempt to anticipate all areas in the application of a law by writing it to cover every foreseeable situation.

7.M o s t c o u n t r i e s u s e e i t h e r c o m m o n o r c o d e l a w a s t h e b a s i s f o r t h e i r l e g a l s y s t e m,b u t t h e y r e l y o n a c o m b i n a t i o n o f t h e t w o i n a p p l y i n g t h e l e g a l s y s t e m t o a c t u a l d i s p u t e s.

8.P e r h a p s t h e b e s t e x a m p l e o f h o w c o m m o n a n d c o d e l a w d i f f e r i s i n t h e r e c o g n i t i o n o f i n d u s t r i a l p r o p e r t y r i g h t s.

Lesson Two Legal Profession

预习题

1. How many types of lawyers are there in America? What are they?

2. What kind of lawyer do you want to be? (If you are a lawyer)What kind of work do you do?

3.What roles do lawyers play in society? Which of them is the most impo rtant in your view?

4.If a lawyer knows much about law but very little about anything else, will he be a good lawyer?

复习题

1.the process of engaging a lawyer

2.the classification of Lawyers in America

练习题

?Translate the following legal terms:Legal Profession

?Multistate Bar Exam

?federal courts

?boards of directors

?Judge

?Attorney General

?Chief Justice

?Barristers

?Solicitors

?Attorney

?practice of law

?Lawyers in private practice

?single practitioner

?house Counsel

?corporate counsel

?public prosecutor

?Federal prosecutor

?district attorney

?Congress of the United States

?The United States Department of Justice

Lesson Three Legal Education

预习题

1. What is the only way to prepare for membership in the legal profession in the US?

2. What are the main functions of law schools in the US?

3. What are the merits and demerits of case method in teaching law?

4. What does legal hierarchy mean?

复习题

1. To be clear about the curriculum of American legal education

2. To distinguish the case method from lecture method

3. What are the merits and demerits of case method in teaching law?

练习题

翻译P4 PARA 8& P12-13 PARA5-7

Lesson Four Judicial System

预习题

1. How many court systems are there in the United States? And what are

they?

2. How many judges generally are there in a federal district court?

3. How are state court judges usually selected?

复习题

1. About the American court system and English court system

2. Distinguish between trial courts and appellate courts

3. about the position of the Judges in court

练习题

1. Translation. ?The Supreme Court, ? Courts of Appeals, ?District Courts, ?Special courts, ?Three-tiered model: Trail Court, Circuit Court, Appellate Court, Court of Appeals, Supreme Court

2. Dictation P4

3.

Lesson 5 Constitution

预习题

1. What was the first American Constitution?

2. How to understand constitutional supremacy?

3. What are the three branches of US? Government and how to understand separation of powers?

4. What is the impeachment policy and how many presidents are impeached?

5. How to change the Constitution?

6) What is the checks and balances policy?

复习题

1.the feature of the US Constitution

2.the fundamental principles of government

3.the provisions for amendment

练习题

1. What do you think about the separation of powers in the United States?

2. How much do you know about the process of impeachment?

3. What’s your view on the U.S. citizens’ right to bear arms?

Lesson Six Administrative Law

预习题

1.What is administrative law?

2.What is the scope of administrative law?

3.What is agency action?

4.What are the models of administrative law?

复习题

1. The definition of “agency” in the Federal Administrative Procedure

2. The functions of regulatory agencies and non-regulatory agencies

练习题

1. Questions about the text P69.

2. Dictation

Lesson 7 Criminal Law

预习题

1.What kinds of crimes do you know?

2.How much do you know about killing?

3.What is capital punishment?

4.Who gives a sentence to the criminals?

复习题

1. What’s your viewpoint of the insanity defense? Should an insane person be liable for his killing of a victim?

2. Do you think abortion is justifiable or not? Should we label the killing of a fetus murder?

3. Should death penalty be abolished in China?

练习题

Translation of the legal terms.

Lesson 9 Contract Law

预习题

1.What is a contract?

2.What can people do with contracts?

复习题

1 .What is a contract?

2. What acts are criminal but not tortious?

3.What acts are tortious but not criminal?

练习题

Translation of the legal terms.

Lesson 10 Tort Law

预习题

?What is tort law?

?What is an intentional tort?

?How to decide the liability for negligence?

?What is the No-Fault Principle?

复习题

Intentional torts

Liability for negligence

练习题

1.What is the common characteristic of the behaviors defined as civil wrongs?

2. Which category of civil wrongs has not grown rapidly in the 20th century?

3. As for the product liability, to whom the court judgments are favorable in the 20th century?

4. According to the text, what is the fundamental concept of tort law?

法律英语练习题

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.wendangku.net/doc/1c15852718.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

法律英语试题(2套)

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:

法律英语试题2013-2014

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.

法律英语翻译练习与答案-0609

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;

法律英语试题答案

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

法律英语证书(LEC)全国统一考试样题(含试卷一&试卷二)

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.

法律英语试卷

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

2-12法律英语三习题题库

武昌理工学院 三习题题库 系别英语系 课程名称法律英语 授课教师谭宗燕 总学时54 教学班级法学12级 教学时间 20 13 - 20 14 学年第二学期填写日期 2014年2月20日 文法与外语学院制

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