《私法英语表达》2019章节测试题与答案

《私法英语表达》2019章节测试题与答案

‎《私法英语表达》2019章节测试题与答案 第1章 单元测试 ‎1、The contemporary legal systems of the world are generally based on one of four basic systems (1) , (2) , statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. （1）（2）处分别为 答案：Common law、Civil law ‎2、(3) are systems of law whose sources are the (4) in cases by judges. （3）处为 答案：Common law ‎3、(3) are systems of law whose sources are the (4) in cases by judges. （4）处为 答案：decision ‎4、Alongside, every system will have a (5) that passes new laws and (6) . （5）处为 答案：Legislature ‎5、Alongside, every system will have a (5) that passes new laws and (6) . （6）处为 答案：Statute ‎6、statute对应下列哪个选项？‎ 答案：A law enacted by the legislative branch of a government ‎7、provision对应下列选项为 答案：A stipulation made as a clause in a statute or contract made beforehand.‎ ‎8、code对应下列选项为 答案：A systematic compilation or revision of law or legal principles that is arranged esp. by subject ‎9、legislature对应下列哪个选项？‎ 答案：A body of persons having the power to legislate ‎10、precedent对应下列选项为？‎ 答案：A judicial decision that should be followed by a ‎ judge when deciding a later similar case ‎11、substantive law对应下列哪个选项？‎ 答案：Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law ‎12、prosecute对应下列哪个选项？‎ 答案：To institute and carry forward legal action against for redress or esp. punishment of a crime ‎13、procedural law对应下列哪个选项？‎ 答案：law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.‎ 第2章 单元测试 ‎1、Advocacy对应下列哪个选项？‎ 答案：The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal ‎2、Allegation对应下列哪个选项？‎ 答案：Statement in a pleading ‎3、Attorney对应下列哪个选项?‎ 答案：A person authorized to act on another’s behalf; esp lawyer ‎4、Civil law对应下列哪个选项？‎ 答案：a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian ‎5、Defendant对应下列哪个选项?‎ 答案：the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution. In some types of cases (such as divorce) a defendant may be called a respondent.‎ ‎6、Plaintiff对应下俩哪个选项？‎ 答案：the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.‎ ‎7、Draft对应下列哪个选项？‎ 答案：to prepare and sign a bill of exchange or check.‎ ‎8、judgment对应下列哪个选项？‎ 答案：the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.‎ ‎9、Lawyers in the United Kingdom (1) generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. （1）处为 答案：Jurisdictions ‎10、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （2）处为 答案：Advocacy ‎11、They can each do (2) , (3) and give written advice, but (4) , unlike (5) , cannot appear in every court. （3）处应为 答案：draft legal documents ‎12、They can each do (2) , (3) and give written advice, but (4) , unlike (5) , cannot appear in every court. （4）处为 答案：solicitors ‎13、They can each do (2) , (3) and give written advice, but (4) , unlike (5) , cannot appear in every court. （5）处应为 答案：barristers ‎14、(6) mostly specialise in courtroom advocacy and litigation. （6）处应为 答案：barristers ‎15、Their tasks include taking cases in superior courts and (7) , drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. （7）处应为 答案：tribunal ‎16、A (8) is a legal practitioner who traditionally ‎ deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. （8）处应为 答案：solicitors ‎17、A (9) presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. （9）处为 答案：judge ‎18、The judge is supposed to conduct the trial (10) and in an open court. （10）处应为 答案：impartially ‎19、The judge (11) all the witnesses and any other evidence presented by the barristers of the case （11）处应为 答案：hear ‎20、(12) the credibility and arguments of the parties, ‎ and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions （12）处应为 答案：assess ‎21、the judge’s powers may be shared with a (13)（13）应为 答案：3 percent ‎22、In (14) of criminal investigation, a judge might also be an examining magistrate. （14）为 答案：inquisitorial system 第3章 单元测试 ‎1、defamation对应下列 答案：the act of making untrue statements about another which damages his/her reputation.‎ ‎2、negligence对应 答案：failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.‎ ‎3、remedy对应 答案：the means to achieve justice in any matter in which legal rights are involved.‎ ‎4、tort对应 答案：from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.‎ ‎5、tortfeasor对应 答案：n. a person who commits a tort (civil wrong), either intentionally or through negligence.‎ ‎6、trespass 对应 答案：n. entering another person’s property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight.‎ ‎7、terminate对应 答案：To come to an end in time or effect ‎8、A tort, in common law jurisdictions, is a civil wrong ‎ that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a (1) （1）为 答案：tortfeasor ‎9、The (2) of the harm can recover their loss as damages in a lawsuit. In order to prevail （2）为 答案：victim ‎10、the (3) in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm. （3）为 答案：plaintiff ‎11、Legal injuries are not limited to (4) and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. （4）为 答案：physical ‎12、While many torts are the result of negligence, tort law also recognizes (5) torts （5）为 答案：intentional ‎13、and in a few cases (particularly for product liability in the United States) “ (6) “ which allows (7) without the need to demonstrate negligence. （6）为 答案：strict liability ‎14、and in a few cases (particularly for product liability in the United States) “(6)” which allows (7) without the need to demonstrate negligence. （7）为 答案：recovery ‎15、Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was (8) in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court of murder but later found (9) for the tort of wrongful death. （8）为 答案：acquitted ‎16、Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was (8) in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court of murder but later found (9) ‎ for the tort of wrongful death. （9）为 答案：liable 第4章 单元测试 ‎1、merger对应 答案：the joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist. In effect one corporation “swallows” the other, but the shareholders of the swallowed company receive shares of the surviving corporation.‎ ‎2、acquisition对应 答案：the obtaining of controlling interest in a company ‎3、bankruptcy对应 答案：n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors ‎4、director对应 答案：n. a member of the governing board of a corporation or association elected or re-elected at annual ‎ meetings of the shareholders or members.‎ ‎5、dissolve对应 答案：Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship ‎6、fiduciary对应 答案：n. from the Latin fiducia, meaning “trust,” a person (or a business like a bank or stock brokerage) who has the power and obligation to act for another (often called the beneficiary) under circumstances which require total trust, good faith and honesty.‎ ‎7、insolvency对应 答案：the condition of having more debts (liabilities) than total assets which might be available to pay them, even if the assets were mortgaged or sold.‎ ‎8、liquidate对应 答案：To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution ‎9、takeover对应 答案：The acquisition of control or possession (as of a corporation)‎ ‎10、wind up对应 答案：To bring to an end by taking care of unfinished business ‎11、Companies occupy a special place in civil law, because they have a legal personality separate from those who invest their capital and labour to run the business. English law recognised long ago that a corporation would have “ (1) “.‎ 答案：legal personality ‎12、Legal personality simply means the entity is the subject of legal rights and duties. It can sue and be sued. The general rules of contract, tort and unjust enrichment operate in the first place against the company as a distinct entity. Company law, or corporate law, can be broken down into two main fields. Corporate governance in the UK mediates the rights and duties among (2), employees,‎ 答案：shareholders ‎13、(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4). （3）为 答案：creditors ‎14、(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4) . （4）为 答案：company constitution ‎15、UK law is “shareholder friendly” in that shareholders, to the (5) of employees,‎ 答案：exclusion ‎16、typically exercise sole (6) in the general meeting.‎ 答案：voting rights ‎17、(7) must carry out their responsibilities with competence,‎ 答案：Directors ‎18、in (8) and undivided loyalty to the enterprise.‎ 答案：good faith ‎19、particularly for minority shareholders, directors’ duties and other member rights may be (9) in court. Of central importance in public and listed companies is the securities market. The UK strongly protects the right of shareholders to be treated equally and freely trade their shares.‎ 答案：vindicated ‎20、Corporate finance concerns the two money raising options for limited companies. Equity finance involves the traditional method of issuing shares to build up a company’s capital. Shares can contain any rights the company and purchaser wish to contract for, but generally grant the right to participate in (10) after a company earns profits and the right to vote in company affairs.‎ 答案：该问题答案暂未收录，请手动搜索。‎ 第5章 单元测试 ‎1、offer对应 答案：a specific proposal to enter into an agreement with another. An offer is essential to the formation of an ‎ enforceable contract. An offer and acceptance of the offer creates the contract.‎ ‎2、acceptance对应 答案：receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.‎ ‎3、binding对应 答案：Imposing a legal obligation ‎4、breach对应 答案：the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.‎ ‎5、capacity对应 答案：being able to perform any gainful employment ‎6、discharge对应 答案：in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.‎ ‎7、revoke对应 答案：to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license.‎ ‎8、void对应 答案：referring to a statute, contract, ruling or anything which is null and of no effect.‎ ‎9、intention对应 答案：Purpose/goal ‎10、consent对应 答案：1) n. a voluntary agreement to another’s proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.‎ ‎11、A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement. （1）为 答案：Enforceable ‎12、A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement. （2）为 答案：Binding ‎13、A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an (3), (4), (5), and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. （3）（4）（5）分别为 答案：Consideration、Offer、Acceptance ‎14、Minors, intoxicated persons, and those under a mental affliction may have insufficient (6) to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing.‎ 答案：Capacity ‎15、Vitiating factors constituting defences to purported contract formation, for instance, (7) means a false statement of fact made by one party to another party and has the effect ‎ of inducing that party into the contract.‎ 答案：Misrepresentation ‎16、A (8) is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement.‎ 答案：Mistake ‎17、(9) has been defined as a “threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition.‎ 答案：Duress 第6章 单元测试 ‎1、grant对应 答案：To permit as a right or privilege ‎2、Patent对应 答案：The right to exclude others from making, using, or selling an invention or products made by an invented process ‎ that is granted to an inventor and his or her heirs or assigns for a term of years ‎3、Statute对应 答案：A law enacted by the legislative branch of a government ‎4、Moral right对应 答案：rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.‎ ‎5、Monopoly对应 答案：Exclusive control of a particular market that is marked by the power to control prices and exclude competition and that esp. is developed willfully rather than as the result of superior products or skill ‎6、Trademark对应 答案：A mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is ‎ protected by law.‎ ‎7、Infringe对应 答案：To encroach upon in a way that violates law or the rights of another ‎8、Compulsory对应 答案：Required or compelled by law: mandatory, obligatory ‎9、enforce对应 答案：To cause to take effect or to be fulfilled ‎10、distribution 答案：The act or process of distributing ‎11、Injunction对应 答案：An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act ‎12、Pass off对应 答案：To make public or offer for sale (goods or ‎ services) with intent to deceive ‎13、Intellectual property (IP) refers to creations of the intellect for which a (1) is assigned to designated owners by law.‎ 答案：Monopoly ‎14、Intellectual property rights (IPRs) are the protections (2) to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual property.‎ 答案：granted ‎15、A (3) is a form of right granted by the government to an inventor,‎ 答案：patent ‎16、giving the owner the right to (4) others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public ‎ disclosure of the invention.‎ 答案：exclude ‎17、An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfil three main requirements: it has to be new, not obvious and there needs to be an (5).‎ 答案：industrial applicability ‎18、A (6) gives the creator of an (7) work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. （6）为 答案：copyright ‎19、A (6) gives the creator of an (7) work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. Copyright does not cover ideas and information themselves, only the form or manner in which they are ‎ expressed. （7）为 答案：original ‎20、A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders. （8）为 答案：trademark ‎21、A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders. （9）为 答案：recognizable ‎22、A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders. （10）为 答案：distinguishes ‎23、The stated objective of most intellectual property law is to “Promote progress.” By exchanging limited exclusive rights for (11) of inventions and creative works, society and the patentee/copyright owner mutually benefit,‎ ‎ and an incentive is created for inventors and authors to create and disclose their work.‎ 答案：disclosure ‎24、(12) of intellectual property rights,‎ 答案：Violation ‎25、called “ (13) “ with respect to patents, copyright, and trademarks, and “misappropriation” with respect to trade secrets,‎ 答案：infringement ‎26、may be a breach of civil law or (14), depending on the type of intellectual property involved, jurisdiction, and the nature of the action.‎ 答案：criminal law 第7章 单元测试 ‎1、Adverse Possession:对应 答案：Method of acquiring ownership to real property by possession for a statutory time period.‎ ‎2、Appropriation:对应 答案：Doctrine that states that water belongs to the person who first makes beneficial use of it.‎ ‎3、Conveyance:对应 答案：Transfer of title or ownership to real property from one person to another by deed.‎ ‎4、Devise:对应 答案：Conveyance of real property by means of a last will and testament.‎ ‎5、Fee Simple Absolute:对应 答案：Estate of real property with infinite duration and no restrictions on use.‎ ‎6、mortgage对应 答案：A conveyance of title to property that is given to secure an obligation and that is defeated upon payment or performance according to stipulated terms ‎7、equitable对应 答案：Having or exhibiting equity: dealing fairly and equally ‎8、chattel对应 答案：An item of tangible or intangible personal property ‎9、Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon. （1）为 答案：ownership ‎10、Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and ‎ immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon. （2）为 答案：tenancy ‎11、Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon. （3）为 答案：movable ‎12、Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and ‎ immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.‎ 答案：corresponds 第8章 单元测试 ‎1、Renvoi 答案：Act of sending back, reference ‎2、forum对应 答案：Judicial body or assembly ‎3、Characterisation对应 答案：classification and as qualification ‎4、Public policy对应 答案：the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs.‎ ‎5、Jurisdiction对应 答案：the practical authority granted to a legal body to administer justice within a defined area of responsibility,‎ ‎6、Comity对应 答案：a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts ‎7、Domicile对应 答案：the status or attribution of being a permanent resident in a particular jurisdiction ‎8、Succession对应 答案：the act or process of following in order or sequence.‎ ‎9、arbitration对应 答案：a technique for the resolution of disputes outside the courts.‎ ‎10、the court will apply the law of the forum (lex fori) ‎ to all (1) matters (including, self-evidently, the choice of law rules); （1）处为 答案：procedural ‎11、it counts the factors that connect or link the (2) to the laws of potentially relevant states and applies the laws that have the greatest connection （2）为 第11页 /(共11页)‎ 答案：legal issues ‎12、e.g. the law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and (4), the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5) （3）为 答案：residence ‎13、e.g. the law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and (4) , the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5) , （4）为 答案：capacity ‎14、the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5) , （5）为 答案：title ‎15、the law of the place where a transaction physically takes place or of the occurrence that gave rise to the (6) (lex loci actus) will often be the controlling law selected when the matter is (7) , but the proper law has become a more common choice. （6）为 答案：litigation ‎16、the law of the place where a transaction physically takes place or of the occurrence that gave rise to the (6) (lex loci actus) will often be the controlling law selected ‎ when the matter is (7), but the proper law has become a more common choice. （7）为 答案：substantive