智慧树知到《私法英语表达》章节测试答案

1、智慧树知到私法英语表达章节测试答案第一章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、2）处分别为A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正确答案：Common law,Civil law2、(3) are systems of law whose sources are the (4) in cases by judges. （3）处为A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正确答案：Common law3、(3) are systems of law whose sources are the (4) in cases by judge

3、s. （4）处为A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正确答案：decision4、Alongside, every system will have a (5) that passes new laws and (6). （5）处为A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正确答案：Legislature5、Alongside, every system will have a (5) that passes new laws and (6). （6）处

4、为A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正确答案：Statute6、statute对应下列哪个选项？A: law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.B:To institute and carry forward legal action against for redress or esp. punishment of a crimeC:A judicia

5、l decision that should be followed by a judge when deciding a later similar caseD:A law enacted by the legislative branch of a government正确答案：A law enacted by the legislative branch of a government7、provision对应下列选项为A:A judicial decision that should be followed by a judge when deciding a later simila

6、r caseB:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by lawC:A body of persons having the power to legislateD: A stipulation made as a clause in a statute or contract made beforehand.正确答案：A stipulation made as a clause in a statute or contract ma

7、de beforehand.8、code对应下列选项为A: A body of persons having the power to legislateB:A stipulation made as a clause in a statute or contract made beforehand.C:A systematic compilation or revision of law or legal principles that is arranged esp. by subjectD: A law enacted by the legislative branch of a gov

8、ernment正确答案：A systematic compilation or revision of law or legal principles that is arranged esp. by subject9、legislature对应下列哪个选项？A:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by lawB:A body of persons having the power to legislateC:A stipulatio

9、n made as a clause in a statute or contract made beforehand.D:A systematic compilation or revision of law or legal principles that is arranged esp. by subject正确答案：A body of persons having the power to legislate10、precedent对应下列选项为？A:law that prescribes the procedures and methods for enforcing rights

10、and duties and for obtaining redress.B:To institute and carry forward legal action against for redress or esp. punishment of a crimeC:A judicial decision that should be followed by a judge when deciding a later similar caseD:Law that creates or defines rights, duties, obligations, and causes of acti

11、on that can be enforced by law正确答案：A judicial decision that should be followed by a judge when deciding a later similar case11、substantive law对应下列哪个选项？A:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.B:To institute and carry forward legal act

12、ion against for redress or esp. punishment of a crimeC:A judicial decision that should be followed by a judge when deciding a later similar caseD:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law正确答案：Law that creates or defines rights, duties,

13、obligations, and causes of action that can be enforced by law12、prosecute对应下列哪个选项？A:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.B:To institute and carry forward legal action against for redress or esp. punishment of a crimeC:A judicial dec

14、ision that should be followed by a judge when deciding a later similar caseD:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law正确答案：To institute and carry forward legal action against for redress or esp. punishment of a crime13、procedural law对应下

15、列哪个选项？A:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.B:To institute and carry forward legal action against for redress or esp. punishment of a crimeC:A judicial decision that should be followed by a judge when deciding a later similar caseD

16、:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law正确答案：law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.第二章1、Advocacy对应下列哪个选项？A:to prepare and sign a bill of exchange or check.B:the final

17、decision by a court in a lawsuit, criminal prosecution or appeal from a lower courts 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.C:Statement in a pleadingD:The profession or work

18、of an advocate; the action of advocating, pleading for, or supporting a cause or proposal正确答案：The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal2、Allegation对应下列哪个选项？A:to prepare and sign a bill of exchange or check.B:the final decision by

19、 a court in a lawsuit, criminal prosecution or appeal from a lower courts 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.C:Statement in a pleadingD:The profession or work of an advoc

20、ate; the action of advocating, pleading for, or supporting a cause or proposal正确答案：Statement in a pleading3、Attorney对应下列哪个选项?A:A person authorized to act on anothers behalf; esp lawyerB:a body of laws and legal concepts which come down from old Roman laws established by Emperor JustinianC:the party

21、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.D: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 divo

22、rce) a defendant may be called a respondent.正确答案：A person authorized to act on anothers behalf; esp lawyer4、Civil law对应下列哪个选项？A: A person authorized to act on anothers behalf; esp lawyerB:a body of laws and legal concepts which come down from old Roman laws established by Emperor JustinianC:the part

23、y 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.D: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 di

24、vorce) a defendant may be called a respondent.正确答案：a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian5、Defendant对应下列哪个选项?A: A person authorized to act on anothers behalf; esp lawyerB:a body of laws and legal concepts which come down from old Roman

25、laws established by Emperor JustinianC: 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.D:the party sued in a civil lawsuit or the party charged with a crime in a criminal

26、 prosecution. In some types of cases (such as divorce) a defendant may be called a respondent.正确答案：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？A:A pe

27、rson authorized to act on anothers behalf; esp lawyerB:a body of laws and legal concepts which come down from old Roman laws established by Emperor JustinianC: the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance

28、and/or court determination of rights.D: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.正确答案：the party who initiates a lawsuit by filing a complaint with the clerk of the cou

29、rt against the defendant(s) demanding damages, performance and/or court determination of rights.7、Draft对应下列哪个选项？A: to prepare and sign a bill of exchange or check.B:the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower courts judgment, except for an “interlocutory j

30、udgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.C:Statement in a pleadingD: The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal正确答案：to prepare and sign a bill of

31、exchange or check.8、judgment对应下列哪个选项？A: to prepare and sign a bill of exchange or check.B:the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower courts judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decr

32、ee” is sometimes used as synonymous with judgment.C:Statement in a pleadingD:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal正确答案：the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower courts judgment, e

33、xcept 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,

34、and advice agencies, or as barristers. （1）处为A:JurisdictionsB:solicitorsC:barristersD:tribunal正确答案：Jurisdictions10、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （2）处为A:AdvocacyB:documentsC:judgeD:impartially正确答案：Advocacy11、They can each do (2),

35、(3) and give written advice, but (4), unlike (5), cannot appear in every court. （3）处应为A:AdvocacyB:draft legal documentsC:documentsD:judge正确答案：draft legal documents12、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （4）处为A:JurisdictionsB:solicitors

36、C:barristersD:tribunal正确答案：solicitors13、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （5）处应为A:JurisdictionsB:solicitorsC:barristersD:tribunal正确答案：barristers14、(6) mostly specialise in courtroom advocacy and litigation.（6）处应为A:solicitorsB:barris

37、tersC:tribunalD:Advocacy正确答案：barristers15、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A:tribunalB:AdvocacyC:documentsD:assess正确答案：tribunal16、A (8) is a legal

38、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A:solicitorsB:inquisitorialC:assessD:

39、system正确答案：solicitors17、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A:impartiallyB:assessC:judgeD:system正确答案：judge18、The judge

40、is supposed to conduct the trial (10) and in an open court. （10）处应为A:documentsB:hearC:impartiallyD:Advocacy正确答案：impartially19、The judge (11) all the witnesses and any other evidence presented by the barristers of the case（11）处应为A:assessB:systemC:inquisitorialD:hear正确答案：hear20、(12) the credibility an

41、d 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A:impartiallyB:assessC:inquisitorialD:system正确答案：assess21、the judges powers may be shared with a (13)（13）应为A:asse

42、ssB:juryC:inquisitorialD:system正确答案：jury22、In (14) of criminal investigation, a judge might also be an examining magistrate.（14）为A:juryB:inquisitorial systemC:systemD:tribunal正确答案：inquisitorial system第三章1、defamation对应下列A:from French for “wrong,” a civil wrong or wrongful act, whether intentional or

43、accidental, from which injury occurs to another.B: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.C:the means to achieve justice in any matter in which legal rights are involved.D

44、:the act of making untrue statements about another which damages his/her reputation.正确答案：D2、negligence对应A:from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.B:failure to exercise the care toward others which a reasonable or

45、prudent person would do in the circumstances, or taking action which such a reasonable person would not.C:the means to achieve justice in any matter in which legal rights are involved.D:the act of making untrue statements about another which damages his/her reputation.正确答案：B3、remedy对应A:the means to

46、achieve justice in any matter in which legal rights are involved.B:the act of making untrue statements about another which damages his/her reputation.C:To come to an end in time or effectD:n. entering another persons property without permission of the owner or his/her agent and without lawful author

47、ity (like that given to a health inspector) and causing any damage, no matter how slight.正确答案：A4、tort对应A:from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.B:failure to exercise the care toward others which a reasonable or p

48、rudent person would do in the circumstances, or taking action which such a reasonable person would not.C:the means to achieve justice in any matter in which legal rights are involved.D:To come to an end in time or effect正确答案：A5、tortfeasor对应A:n. a person who commits a tort (civil wrong), either inten

49、tionally or through negligence.B:the means to achieve justice in any matter in which legal rights are involved.C:n. entering another persons 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 matte

50、r how slight.D:the act of making untrue statements about another which damages his/her reputation.正确答案：A6、trespass对应A: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.B:the means t

51、o achieve justice in any matter in which legal rights are involved.C:n. entering another persons 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.D:To come to an end in time or

52、effect正确答案：C7、terminate对应A:the means to achieve justice in any matter in which legal rights are involved.B: To come to an end in time or effectC:the act of making untrue statements about another which damages his/her reputation.D:failure to exercise the care toward others which a reasonable or prude

53、nt person would do in the circumstances, or taking action which such a reasonable person would not.正确答案：B8、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

54、 (1)（1）为A:victimB:tortfeasorC:intentionalD:physical正确答案：B9、 The (2) of the harm can recover their loss as damages in a lawsuit. In order to prevail（2）为A: victimB:tortfeasorC:intentionalD:physical正确答案：A10、the (3) in the lawsuit, commonly referred to as the injured party, must show that the actions or

55、 lack of action was the legally recognizable cause of the harm. （3）为A:strict liabilityB:acquittedC:plaintiffD:liable正确答案：C11、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A:intentionalB:physicalC:injuriesD:liable正确答案：B12、 While many tort