《私法英语表达》2019章节测试题与答案

1、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 variati

2、ons. （1）（2）处分别为答案：Common law、Civil law2、(3) are systems of law whose sources are the (4) in cases by judges. （3）处为答案：Common law3、(3) are systems of law whose sources are the (4) in cases by judges. （4）处为答案：decision4、Alongside, every system will have a (5) that passes new laws and (6) . （5）处为答案：Legis

3、lature5、Alongside, every system will have a (5) that passes new laws and (6) . （6）处为答案：Statute6、statute对应下列哪个选项？答案：A law enacted by the legislative branch of a government7、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 compilat

4、ion or revision of law or legal principles that is arranged esp. by subject9、legislature对应下列哪个选项？答案：A body of persons having the power to legislate10、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 case11、substantive law对应下列哪个选项？答案：Law that cr

5、eates or defines rights, duties, obligations, and causes of action that can be enforced by law12、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 crime13、procedural law对应下列哪个选项？答案：law that prescribes the procedures and methods for enforcing

6、 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 proposal2、Allegation对应下列哪个选项？答案：Statement in a pleading3、Attorney对应下列哪个选项?答案：A person authorized to act on anothers behal

7、f; esp lawyer4、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 Justinian5、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 d

8、efendant 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 che

9、ck.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 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.9、Lawyers in th

10、e 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：Jurisdictions10、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （2）处

11、为答案：Advocacy11、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 documents12、They can each do (2) , (3) and give written advice, but (4) , unlike (5) , cannot appear in every court. （4）处为答案：solicitors13、They can each do (2)

12、, (3) and give written advice, but (4) , unlike (5) , cannot appear in every court. （5）处应为答案：barristers14、(6) mostly specialise in courtroom advocacy and litigation. （6）处应为答案：barristers15、Their tasks include taking cases in superior courts and (7) , drafting legal pleadings, researching the philosop

13、hy, hypothesis and history of law, and giving expert legal opinions. （7）处应为答案：tribunal16、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 d

14、escribed as a solicitor and enabled to practise there as such. （8）处应为答案：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）

15、处为答案：judge18、The judge is supposed to conduct the trial (10) and in an open court. （10）处应为答案：impartially19、The judge (11) all the witnesses and any other evidence presented by the barristers of the case （11）处应为答案：hear20、(12) the credibility and arguments of the parties, and then issues a ruling on t

16、he 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：assess21、the judges powers may be shared with a (13)（13）应为答案：3 percent22、In (14) of criminal investigation, a judge might also be an examining magistrate. （14）为答案：inq

17、uisitorial 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 pers

18、on 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 wro

19、ng), either intentionally or through negligence.6、trespass 对应答案：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.7、terminate对应答案：To come to an end in

20、 time or effect8、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：tortfeasor9、The (2) of the harm can recover their loss as damages in a lawsuit

21、. In order to prevail （2）为答案：victim10、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：plaintiff11、Legal injuries are not limited to (4) and may include emotional, economic, or reput

22、ational injuries as well as violations of privacy, property, or constitutional rights. （4）为答案：physical12、While many torts are the result of negligence, tort law also recognizes (5) torts （5）为答案：intentional13、and in a few cases (particularly for product liability in the United States) “ (6) “ which a

23、llows (7) without the need to demonstrate negligence. （6）为答案：strict liability14、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：recovery15、Sometimes a plaintiff may prevail in a tort case even if t

24、he 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：acquitted16、Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caus

25、ed 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 th

26、e 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 company3、bankruptcy对应答案：n. the administration of an insolvent debt

27、ors property by the court for the benefit of the debtors creditors4、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

28、one of the partners from the relationship6、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 an

29、d 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 dissolution9、takeover对应答案：The a

30、cquisition 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 business11、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

31、 law recognised long ago that a corporation would have “ (1) “.答案：legal personality12、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

32、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：shareholders13、(3) and directors. Since the board of directors habitually possesses the power to manage the business und

33、er a (4). （3）为答案：creditors14、(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4) . （4）为答案：company constitution15、UK law is “shareholder friendly” in that shareholders, to the (5) of employees,答案：exclusion16、typically exercise sole (6) in

34、the general meeting.答案：voting rights17、(7) must carry out their responsibilities with competence,答案：Directors18、in (8) and undivided loyalty to the enterprise.答案：good faith19、particularly for minority shareholders, directors duties and other member rights may be (9) in court. Of central importance i

35、n 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：vindicated20、Corporate finance concerns the two money raising options for limited companies. Equity finance involves the traditional metho

36、d of issuing shares to build up a companys 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 speci

37、fic 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 previo

38、us agreement.3、binding对应答案：Imposing a legal obligation4、breach对应答案：the act of failing to perform ones agreement, breaking ones word, or otherwise actively violating ones duty to other.5、capacity对应答案：being able to perform any gainful employment6、discharge对应答案：in bankruptcy, to issue an order of the c

39、ourt 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

40、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/goal10、consent对应答案：1) n. a voluntary agreement to anothers proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from

41、 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：Enforceable12、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：Binding13、A cont

42、ract 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、Acceptance14、Minors, intoxicated persons

43、, 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：Capacity15、Vitiating factors constituting defences to purported contract formation, for instance, (7) means a false statement

44、of fact made by one party to another party and has the effect of inducing that party into the contract.答案：Misrepresentation16、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：Mistake17、(9) has been defined as a “threat

45、 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 privilege2、Patent

46、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 years3、Statute对应答案：A law enacted by the legislative branch of a government4、Moral right对应答案：rights of crea

47、tors 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 rathe

48、r than as the result of superior products or skill6、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

49、the rights of another8、Compulsory对应答案：Required or compelled by law: mandatory, obligatory9、enforce对应答案：To cause to take effect or to be fulfilled10、distribution答案：The act or process of distributing11、Injunction对应答案：An equitable remedy in the form of a court order compelling a party to do or refrain

50、from doing a specified act12、Pass off对应答案：To make public or offer for sale (goods or services) with intent to deceive13、Intellectual property (IP) refers to creations of the intellect for which a (1) is assigned to designated owners by law.答案：Monopoly14、Intellectual property rights (IPRs) are the pr

51、otections (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 intellec

52、tual property.答案：granted15、A (3) is a form of right granted by the government to an inventor,答案：patent16、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 inven

53、tion.答案：exclude17、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 applicability18、A (6) gives the creator of an (7) work e

54、xclusive 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：copyright19、A (6) gives the creator

55、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：original20、A (8) is

56、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：trademark21、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

57、 other traders. （9）为答案：recognizable22、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：distinguishes23、The stated objective of most intellectual property law is to “Promote progress.” By e

58、xchanging 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：disclosure24、(12) of intellectual property rights,答案：Violation25、called “ (13) “ with respect to patents, copyright, and trademarks, and “misappropriation” with respect to trade secrets,答案：infringe