超星尔雅学习通私法英语表达网课章节测试答案

1、超星尔雅学习通私法英语表达网课章节测试答案超星尔雅学习通私法英语表达(吉林大学)网课章节测试答案1.5Content Questions1、【单选题】The contemporary legal systems of the world are generally based on one offour basic systems ( ), common law, statutory law, religious law or combinationsof these.A、civil lawB、common lawC、economic lawD、penal law答案：A2、【单选题】( )

2、are systems of law whose sources are the decision in cases by judges.A、civil lawB、common lawC、economic lawD、penal law答案：B3、【单选题】Alongside, every system will have a ( ) that passes new laws and statute.A、administrationB、law enforcement agencyC、legislatureD、court答案：C4、【单选题】The phrase ( ) means "l

3、aw that prescribes the procedures and methods forenforcing rights and duties and for obtaining redress".A、procedural lawB、civil lawC、common lawD、substantive law答案：A5、【单选题】The word ( ) means "to institute and carry forward legal action againstfor redress or especially punishment of a crime&

4、quot;.A、legislatureB、prosecuteC、precedentD、code答案：B6、【单选题】The word ( ) means "a judicial decision that should be followed by ajudge when deciding a later similar case".A、prosecuteB、provisionC、precedentD、statute答案：C7、【单选题】The phrase ( ) means "law that creates or defines rights, duties

5、,obligations, and causes of action that can be enforced by law".A、procedural lawB、civil lawC、common lawD、substantive law答案：D8、【单选题】The word ( ) means "a body of persons having the power to legislate".A、precedentB、provisionC、legislatureD、statute答案：C9、【单选题】The word ( ) means "a sti

6、pulation made as a clause in a statute orcontract made beforehand".A、provisionB、codeC、prosecuteD、legislature答案：A10、【单选题】The word ( ) means "a systematic compilation or revision of law or legalprinciples that is arranged especially by subject ".A、legislatureB、prosecuteC、statuteD、code答案

7、：D11、【单选题】The word ( ) means "a law enacted by the legislative branch of agovernment".A、prosecuteB、precedentC、statuteD、code答案：C2.3Content Questions1、【单选题】The word ( ) means "a person authorized to act on anothers behalf;especially lawyer".A、advocacyB、plaintiffC、attorneyD、defendan

8、t答案：C2、【单选题】The phrase ( ) means "a body of laws and legal concepts which come downfrom old Roman laws established by Emperor Justinian".A、civil lawB、common lawC、economic lawD、penal law答案：A3、【单选题】The word ( ) means "the party who initiates a lawsuit by filing acomplaint with the clerk

9、 of the court against the defendant(s) demandingdamages, performance and/or court determination of rights".A、draftB、advocacyC、plaintiffD、defendant答案：C4、【单选题】The word ( ) means "the party sued in a civil lawsuit or the partycharged with a crime in a criminal prosecution; in some types of ca

10、ses (such asdivorce) a defendant may be called a respondent".A、attorneyB、allegationC、plaintiffD、defendant答案：D5、【单选题】The word ( ) means "to prepare and sign a bill of exchange or check".A、plaintiffB、defendantC、allegationD、draft答案：D6、【单选题】The word ( ) means "the final decision by a

11、 court in a lawsuit, criminalprosecution or appeal from a lower court's judgment".A、judgmentB、advocacyC、draftD、defendant答案：A7、【单选题】The word ( ) means "statement in a pleading".A、defendantB、allegationC、plaintiffD、advocacy答案：B8、【单选题】The word ( ) means "the profession or work of

12、 an advocate; the action ofadvocating, pleading for, or supporting a cause or proposal".A、allegationB、advocacyC、attorneyD、draft答案：B9、【单选题】Lawyers in the United Kingdom ( ) generally practice as solicitors inprivate firms, as legal advisers in corporations, government departments, andadvice agen

13、cies, or as barristers.A、juryB、tribunalC、inquisitorial systemD、jurisdictions答案：D10、【单选题】( ) mostly specialise in courtroom advocacy and litigation.A、lawyersB、solicitorsC、barristersD、judge答案：C11、【单选题】Barristers' tasks include taking cases in superior courts and ( ),drafting legal pleadings, resea

14、rching the philosophy, hypothesis and history oflaw, and giving expert legal opinions.A、juryB、tribunalC、inquisitorial systemD、jurisdictions答案：B12、【单选题】A ( ) is a legal practitioner who traditionally deals with most of thelegal matters in some jurisdictions.A、lawyersB、solicitorsC、barristersD、judge答案：

15、B13、【单选题】A ( ) presides over court proceedings, either alone or as a part of apanel of judges.A、lawyersB、solicitorsC、barristersD、judge答案：D14、【单选题】In some jurisdictions, the judge's powers may be shared with a ( ).A、lawyersB、solicitorsC、barristersD、jury答案：D15、【单选题】In ( ) of criminal investigation

16、, a judge might also be an examiningmagistrate.A、religious systemB、pluralistic systemsC、inquisitorial systemD、justice system答案：C3.5Content Questions1、【单选题】The word ( ) means "from French for 'wrong', a civil wrong or wrongfulact, whether intentional or accidental, from which injury occu

17、rs to another".A、tortB、terminateC、remedyD、defamation答案：A2、【单选题】The word ( ) means "failure to exercise the care toward others which areasonable or prudent person would do in the circumstances, or taking actionwhich such a reasonable person would not".A、defamationB、tortfeasorC、terminat

18、eD、negligence答案：D3、【单选题】The word ( ) means "the means to achieve justice in any matter in whichlegal rights are involved".A、terminateB、tortC、remedyD、defamation答案：C4、【单选题】The word ( ) means "the act of making untrue statements about anotherwhich damages his/her reputation".A、defam

19、ationB、tortfeasorC、trespassD、terminate答案：A5、【单选题】The word ( ) means "to come to an end in time or effect ".A、trespassB、tortfeasorC、defamationD、terminate答案：D6、【单选题】The word ( ) means "a person who commits a tort (civil wrong), eitherintentionally or through negligence".A、remedyB、t

20、erminateC、tortfeasorD、defamation答案：C7、【单选题】The word ( ) means "entering another person's property without permissionof the owner or his/her agent and without lawful authority (like that given to ahealth inspector) and causing any damage, no matter how slight".A、defamationB、trespassC、to

21、rtD、negligence答案：B8、【单选题】A tort, in common law jurisdictions, is a civil wrong that unfairlycauses someone else to suffer loss or harm resulting in legal liability for theperson who commits the tortious act, called a ( ).A、liableB、plaintiffC、intentionalD、tortfeasor答案：D9、【单选题】The ( ) of the harm can

22、recover their loss as damages in a lawsuit.A、victimB、injuriesC、liableD、acquitted答案：A10、【单选题】In order to prevail, the ( ) in the lawsuit, commonly referred to as theinjured party, must show that the actions or lack of action was the legallyrecognizable cause of the harm.A、acquittedB、plaintiffC、tortfe

23、asorD、physical答案：B11、【单选题】Legal injuries are not limited to ( ) and may include emotional,economic, or reputational injuries as well as violations of privacy, property,or constitutional rights.A、plaintiffB、acquittedC、physicalD、liable答案：C12、【单选题】While many torts are the result of negligence, tort law

24、 also recognizes( ) torts, where a person has intentionally acted in a way that harms another,and in a few cases (particularly for product liability in the United States)"strict liability" which allows recovery without the need to demonstratenegligence.A、plaintiffB、recoveryC、intentionalD、a

25、cquitted答案：C13、【单选题】Sometimes a plaintiff may prevail in a tort case even if the person whoallegedly caused harm was ( ) in an earlier criminal trial.A、injuriesB、tortfeasorC、plaintiffD、acquitted答案：D14、【单选题】For example, O. J. Simpson was acquitted in criminal court of murder butlater found ( ) for th

26、e tort of wrongful death.A、liableB、liableC、recoveryD、physical答案：A4.11Content Questions1、【单选题】The word ( ) means "a person (or a business like a bank or stockbrokerage) who has the power and obligation to act for another (often called thebeneficiary) under circumstances which require total trust

27、, good faith andhonesty".A、fiduciaryB、bankruptcyC、directorD、insolvency答案：A2、【单选题】The word ( ) means "ending of a partnership relationship caused by thewithdrawal of one of the partners from the relationship".A、cquisitionB、dissolveC、fiduciaryD、acquitted答案：B3、【单选题】The word ( ) means &qu

28、ot;a member of the governing board of a corporation orassociation elected or re-elected at annual meetings of the shareholders ormembers".A、fiduciaryB、liableC、directorD、insolvency答案：C4、【单选题】The word ( ) means "the condition of having more debts (liabilities) thantotal assets which might be

29、 available to pay them, even if the assets weremortgaged or sold".A、plaintiffB、directorC、insolvencyD、injuries答案：C5、【单选题】The word ( ) means "to determine the liabilities and apportion the assetsof especially in bankruptcy or dissolution".A、cquisitionB、takeoverC、mergerD、liquidate答案：D6、【

30、单选题】The word ( ) means "the acquisition of control or possession (as of acorporation)".A、cquisitionB、takeoverC、liquidateD、merger答案：B7、【单选题】The phrase ( ) means "to bring to an end by taking care of unfinishedbusiness ".A、pluralistic systemsB、common lawC、wind upD、take over答案：C8、【单

31、选题】The word ( ) means "the administration of an insolvent debtors propertyby the court for the benefit of the debtors creditors".A、insolvencyB、liquidateC、fiduciaryD、bankruptcy答案：D9、【单选题】The word ( ) means "the joining together of two corporations in which onecorporation transfers all

32、of its assets to the other, which continues to exist.In effect one corporation "swallows" the other, but the shareholders of theswallowed company receive shares of the surviving corporation".A、mergerB、directorC、cquisitionD、takeover答案：A10、【单选题】The word ( ) means "the obtaining of

33、controlling interest in a company".A、directorB、acquisitionC、mergerD、bankruptcy答案：B11、【单选题】English law recognised long ago that a corporation would have "( )".A、voting rightsB、common lawC、legal personalityD、religious system答案：C12、【单选题】Corporate governance in the UK mediates the rights

34、and duties among ( ),employees, creditors and directors.A、shareholdersB、tortfeasorC、plaintiffD、victim答案：A13、【单选题】Since the board of directors habitually possesses the power to managethe business under a ( ).A、pluralistic systemsB、legal personalityC、religious systemD、company constitution答案：D14、【单选题】U

35、K law is "shareholder friendly" in that shareholders, to the exclusionof employees, typically exercise sole ( ) in the general meeting.A、pluralistic systemsB、voting rightsC、religious systemD、company constitution答案：B15、【单选题】Directors must carry out their responsibilities with competence, in

36、 ( )and undivided loyalty to the enterprise.A、common lawB、voting rightsC、good faithD、wind up答案：C16、【单选题】If the mechanisms of voting do not prove enough, particularly forminority shareholders, directors' duties and other member rights may be ( ) incourt.A、vindicatedB、plaintiffC、takeoverD、insolven

37、cy答案：A17、【单选题】Shares can contain any rights the company and purchaser wish to contractfor, but generally grant the right to participate in ( ) after a company earnsprofits and the right to vote in company affairs.A、dividendsB、tortC、provisionD、prosecute答案：A5.7Content Questions1、【单选题】The word ( ) mean

38、s "in bankruptcy, to issue an order of the court thatall debts (with certain statutory exceptions) are forgiven and need not bepaid".A、cquisitionB、dischargeC、enforceableD、intention答案：B2、【单选题】The word ( ) means "to annul or cancel an act, particularly a statement,document or promise, a

39、s if it no longer existed.".A、recoveryB、voidC、intentionD、revoke答案：D3、【单选题】The word ( ) means "referring to a statute, contract, ruling or anythingwhich is null and of no effect".A、duressB、fiduciaryC、prosecuteD、void答案：D4、【单选题】The word ( ) means "purpose or goal".A、intentionB、

40、fiduciaryC、directorD、victim答案：A5、【单选题】The word ( ) means "to voluntarily agree to an act or proposal ofanother, which may range from contracts to sexual relations".A、provisionB、dischargeC、consentD、void答案：C6、【单选题】The word ( ) means "being able to perform any gainful employment".A、

41、voidB、consentC、capacityD、shareholders答案：C7、【单选题】The word ( ) means "the act of failing to perform one's agreement,breaking one's word, or otherwise actively violating one's duty to other".A、breachB、bindingC、considerationD、mistake答案：A8、【单选题】The word ( ) means "a specific pr

42、oposal to enter into an agreement withanother. An offer is essential to the formation of an enforceable contract. Anoffer and acceptance of the offer creates the contract.".A、dissolveB、offerC、intentionD、liquidate答案：B9、【单选题】The word ( ) means "imposing a legal obligation".A、voidB、bindi

43、ngC、consentD、acceptance答案：B10、【单选题】The word ( ) means "receiving something from another with the intent tokeep it, and showing that this was based on a previous agreement".A、acceptanceB、considerationC、intentionD、enforceable答案：A11、【单选题】A contract is a voluntary arrangement between two or mo

44、re parties thatis ( ) at law as a binding legal agreement.A、misrepresentationB、takeoverC、mistakeD、enforceable答案：D12、【单选题】Formation of a contract generally requires an ( ), offer, acceptance anda mutual intent to be bound.A、terminateB、considerationC、prosecuteD、plaintiff答案：B13、【单选题】Minors, intoxicated

45、 persons, and those under a mental affliction mayhave insufficient ( ) to enter a contract.A、capacityB、bankruptcyC、mistakeD、acquitted答案：A14、【单选题】Vitiating factors constituting defences to purported contract formation,for instance, ( ) means a false statement of fact made by one party to anotherparty

46、 and has the effect of inducing that party into the contract.A、dissolveB、enforceableC、misrepresentationD、consideration答案：C15、【单选题】A ( ) is an incorrect understanding by one or more parties to a contractand may be used as grounds to invalidate the agreement.A、mistakeB、duressC、consentD、terminate答案：A16

47、、【单选题】( ) has been defined as a "threat of harm made to compel a person to dosomething against his or her will or judgment; especially, a wrongful threatmade by one person to compel a manifestation of seeming assent by another personto a transaction without real volition.A、provisionB、considerat

48、ionC、duressD、binding答案：C6.7Content Questions1、【单选题】Intellectual property (IP) refers to creations of the intellect for whicha ( ) is assigned to designated owners by law.A、monopolyB、consentC、duressD、trademark答案：A2、【单选题】Intellectual property rights (IPRs) are the protections ( ) to thecreators of IP,

49、 and include trademarks, copyright, patents, industrial designrights, and in some jurisdictions trade secrets.A、fiduciaryB、considerationC、grantedD、dissolve答案：C3、【单选题】A patent is a form of right granted by the government to an inventor,giving the owner the right to ( ) others from making, using, sell

50、ing, offeringto sell, and importing an invention for a limited period of time, in exchangefor the public disclosure of the invention.A、provisionB、bindingC、infringementD、exclude答案：D4、【单选题】A ( ) gives the creator of an original work exclusive rights to it,usually for a limited time.A、trademarkB、copyri

51、ghtC、monopolyD、misrepresentation答案：B5、【单选题】A ( ) is a recognizable sign, design or expression which distinguishesproducts or services of a particular trader from the similar products orservices of other traders.A、copyrightB、considerationC、trademarkD、bankruptcy答案：C6、【单选题】" By exchanging limited

52、exclusive rights for ( ) of inventions andcreative works, society and the patentee/copyright owner mutually benefit, andan incentive is created for inventors and authors to create and disclose theirwork.A、disclosureB、trademarkC、shareholdersD、recovery答案：A7、【单选题】Violation of intellectual property righ

53、ts, called "( )" with respect topatents, copyright, and trademarks, and "misappropriation" with respect to tradesecrets, may be a breach of civil law or criminal law, depending on the type ofintellectual property involved, jurisdiction, and the nature of the action.A、mistakeB、infringementC、plaintiffD、victim答案：B8、【单选题】The phrase ( ) means "rights of creators of copyrighted works generallyrecognized in civil law jurisdictions and, to a lesser