1、私法英语表达 1、2 答案 （法律体系、法律职业者、侵权法、公司法、合同法、知识产权法、 特物权法、冲突法） 法律体系 1【单选题】 The contemporary legal systems of the world are generally based on one of four basic systems (A ), common law, statutory law, rel igious law or combinations of these. A、civil law B、common law C、economic law D、penal law 2【单选题】 ( B) ar
2、e systems of law whose sources are the decision in cases by judges. A、civil law B、common law C、economic law D、penal law 3【单选题】 Alongside, every system will have a ( ) that passes new laws and s tatute.(C) A、administration B、law enforcement agency C、legislature D、court 4【单选题】 The phrase ( A) means la
3、w that prescribes the procedures and met hods for enforcing rights and duties and for obtaining redress. A、procedural law B、civil law C、common law D、substantive law 5【单选题】 The word ( B) means to institute and carry forward legal action against for redress or especially punishment of a crime. A、legis
4、lature B、prosecute C、precedent D、code 6【单选题】 The word ( ) means a judicial decision that should be followed b y a judge when deciding a later similar case. A、prosecute B、provision C、precedent D、statute 7【单选题】 The phrase ( ) means law that creates or defines rights, duties, obligations, and causes of
5、 action that can be enforced by law. A、procedural law B、civil law C、common law D、substantive law 8【单选题】 The word ( C) means a body of persons having the power to legisla te. A、precedent B、provision C、legislature D、statute 9【单选题】 The word (A ) means a stipulation made as a clause in a statute o r con
6、tract made beforehand. A、provision B、code C、prosecute D、legislature 10【单选题】 The word ( D) means a systematic compilation or revision of law or legal principles that is arranged especially by subject . A、legislature B、prosecute C、statute D、code 11【单选题】 The word (C ) means a law enacted by the legisla
7、tive branch of a government. A、prosecute B、precedent C、statute D、code 法律职业者 1【单选题】 The word ( ) means a person authorized to act on another s behalf; especially lawyer. A、advocacy B、plaintiff C、attorney D、defendant 2【单选题】 The phrase ( A) means a body of laws and legal concepts which com e down from
8、old Roman laws established by Emperor Justinian. A、civil law B、common law C、economic law D、penal law 3【单选题】 The word (C ) means the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) d emanding damages, performance and/or court determination of r
9、ig hts. A、draft B、advocacy C、plaintiff D、defendant 4【单选题】 The word (D ) means the party sued in a civil lawsuit or the part y charged with a crime in a criminal prosecution; in some types o f cases (such as divorce) a defendant may be called a respondent . A、attorney B、allegation C、plaintiff D、defen
10、dant 5【单选题】 The word ( D) means to prepare and sign a bill of exchange or che ck. A、plaintiff B、defendant C、allegation D、draft 6【单选题】 The word ( A) means the final decision by a court in a lawsuit, c riminal prosecution or appeal from a lower courts judgment. A、judgment B、advocacy C、draft D、defendan
11、t 7【单选题】The word ( ) means statement in a pleading. A、defendant B、allegation C、plaintiff D、advocacy 8【单选题】 The word ( B) means the profession or work of an advocate; the ac tion of advocating, pleading for, or supporting a cause or propo sal. A、allegation B、advocacy C、attorney D、draft 9【单选题】 Lawyers
12、 in the United Kingdom ( ) generally practice as solicito rs in private firms, as legal advisers in corporations, governme nt departments, and advice agencies, or as barristers. A、jury B、tribunal C、inquisitorial system D、jurisdictions 10【单选题】 (C ) mostly specialise in courtroom advocacy and litigati
13、on. A、lawyers B、solicitors C、barristers D、judge 11【单选题】 Barristers tasks include taking cases in superior courts and (B ), drafting legal pleadings, researching the philosophy, hypot hesis and history of law, and giving expert legal opinions. A、jury B、tribunal C、inquisitorial system D、jurisdictions
14、12【单选题】 A (B ) is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A、lawyers B、solicitors C、barristers D、judge 13【单选题】 A (D ) presides over court proceedings, either alone or as a part of a panel of judges. A、lawyers B、solicitors C、barristers D、judge
15、 14【单选题】 In some jurisdictions, the judges powers may be shared with a ( D). A、lawyers B、solicitors C、barristers D、jury 15【单选题】 In ( C) of criminal investigation, a judge might also be an exami ning magistrate. A、religious system B、pluralistic systems C、inquisitorial system D、justice system 侵权法 1【单选
16、题】 The word ( A) means from French for wrong, a civil wrong or wro ngful act, whether intentional or accidental, from which injury occurs to another. A、tort B、terminate C、remedy D、defamation 2【单选题】 The word ( ) means failure to exercise the care toward others wh ich a reasonable or prudent person wo
17、uld do in the circumstances, or taking action which such a reasonable person would not. A、defamation B、tortfeasor C、terminate D、negligence 3【单选题】 The word ( ) means the means to achieve justice in any matter in which legal rights are involved. A、terminate B、tort C、remedy D、defamation 4【单选题】 The word
18、 ( A) means the act of making untrue statements about an other which damages his/her reputation. A、defamation B、tortfeasor C、trespass D、terminate 5【单选题】 The word (D ) means to come to an end in time or effect . A、trespass B、tortfeasor C、defamation D、terminate 6【单选题】 The word ( C) means a person who
19、commits a tort (civil wrong), ei ther intentionally or through negligence. A、remedy B、terminate C、tortfeasor D、defamation 7【单选题】 The word ( ) means entering another persons property without p ermission of the owner or his/her agent and without lawful autho rity (like that given to a health inspector
20、) and causing any dama ge, no matter how slight. A、defamation B、trespass C、tort D、negligence 8【单选题】 A tort, in common law jurisdictions, is a civil wrong that unfair ly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a ( D )
21、. A、liable B、plaintiff C、intentional D、tortfeasor 9【单选题】 The (A ) of the harm can recover their loss as damages in a lawsui t. A、victim B、injuries C、liable D、acquitted 10【单选题】 In order to prevail, the ( ) in the lawsuit, commonly referred to as the injured party, must show that the actions or lack o
22、f actio n was the legally recognizable cause of the harm. A、acquitted B、plaintiff C、tortfeasor D、physical 11【单选题】 Legal injuries are not limited to ( ) and may include emotional, economic, or reputational injuries as well as violations of priv acy, property, or constitutional rights. A、plaintiff B、a
23、cquitted C、physical D、liable 12【单选题】 While many torts are the result of negligence, tort law also reco gnizes (C ) torts, where a person has intentionally acted in a wa y that harms another, and in a few cases (particularly for produc t liability in the United States) strict liability which allow s
24、recovery without the need to demonstrate negligence. A、plaintiff B、recovery C、intentional D、acquitted 13【单选题】 Sometimes a plaintiff may prevail in a tort case even if the pers on who allegedly caused harm was ( ) in an earlier criminal trial . A、injuries B、tortfeasor C、plaintiff D、acquitted 14【单选题】
25、For example, O. J. Simpson was acquitted in criminal court of mur der but later found (liable ) for the tort of wrongful death. A、liable B、liable C、recovery D、physical 公司法 1【单选题】 The word ( A) means a person (or a business like a bank or stock b rokerage) who has the power and obligation to act for
26、another (of ten called the beneficiary) under circumstances which require t otal trust, good faith and honesty. A、fiduciary B、bankruptcy C、director D、insolvency 2【单选题】 The word (B ) means ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship. A、cq
27、uisition B、dissolve C、fiduciary D、acquitted 3【单选题】 The word ( ) means a member of the governing board of a corporati on or association elected or re-elected at annual meetings of th e shareholders or members. A、fiduciary B、liable C、director D、insolvency 4【单选题】 The word ( C) means the condition of ha
28、ving more debts (liabilit ies) than total assets which might be available to pay them, even if the assets were mortgaged or sold. A、plaintiff B、director C、insolvency D、injuries 5【单选题】 The word (D ) means to determine the liabilities and apportion t he assets of especially in bankruptcy or dissolutio
29、n. A、cquisition B、takeover C、merger D、liquidate 6【单选题】 The word ( ) means the acquisition of control or possession (as of a corporation). A、cquisition B、takeover C、liquidate D、merger 7【单选题】 The phrase (C ) means to bring to an end by taking care of unfini shed business . A、pluralistic systems B、comm
30、on law C、wind up D、take over 8【单选题】 The word (D ) means the administration of an insolvent debtor s property by the court for the benefit of the debtor s creditors. A、insolvency B、liquidate C、fiduciary D、bankruptcy 9【单选题】 The word (A ) means the joining together of two corporations in which one corp
31、oration transfers all of its assets to the other, w hich continues to exist. In effect one corporation swallows th e other, but the shareholders of the swallowed company receive s hares of the surviving corporation. A、merger B、director C、cquisition D、takeover 10【单选题】 The word ( ) means the obtaining
32、 of controlling interest in a co mpany. A、director B、acquisition C、merger D、bankruptcy 11【单选题】 English law recognised long ago that a corporation would have ( C). A、voting rights B、common law C、legal personality D、religious system 12【单选题】 Corporate governance in the UK mediates the rights and duties
33、 am ong (A ), employees, creditors and directors. A、shareholders B、tortfeasor C、plaintiff D、victim 13【单选题】 Since the board of directors habitually possesses the power to m anage the business under a ( ). A、pluralistic systems B、legal personality C、religious system D、company constitution 14【单选题】 UK l
34、aw is shareholder friendly in that shareholders, to the ex clusion of employees, typically exercise sole ( ) in the general meeting. A、pluralistic systems B、voting rights C、religious system D、company constitution 15【单选题】 Directors must carry out their responsibilities with competence, in ( ) and und
35、ivided loyalty to the enterprise. A、common law B、voting rights C、good faith D、wind up 16【单选题】 If the mechanisms of voting do not prove enough, particularly fo r minority shareholders, directors duties and other member rig hts may be ( A) in court. A、vindicated B、plaintiff C、takeover D、insolvency 17【
36、单选题】 Shares can contain any rights the company and purchaser wish to c ontract for, but generally grant the right to participate in (A ) after a company earns profits and the right to vote in company af fairs. A、dividends B、tort C、provision D、prosecute 合同法 1【单选题】 The word ( ) means in bankruptcy, to
37、 issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid. A、cquisition B、discharge C、enforceable D、intention 2【单选题】 The word (D ) means to annul or cancel an act, particularly a sta tement, document or promise, as if it no longer existed. A、re
38、covery B、void C、intention D、revoke 3【单选题】 The word ( ) means referring to a statute, contract, ruling or a nything which is null and of no effect. A、duress B、fiduciary C、prosecute D、void 4【单选题】The word (A ) means purpose or goal. A、intention B、fiduciary C、director D、victim 5【单选题】 The word (C ) means
39、 to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations. A、provision B、discharge C、consent D、void 6【单选题】 The word (C ) means being able to perform any gainful employment . A、void B、consent C、capacity D、shareholders 7【单选题】 The word ( ) means the act
40、of failing to perform ones agreement, breaking ones word, or otherwise actively violating ones duty to other. A、breach B、binding C、consideration D、mistake 8【单选题】 The word ( B) means a specific proposal to enter into an agreeme nt with another. An offer is essential to the formation of an enf orceabl
41、e contract. An offer and acceptance of the offer creates the contract. A、dissolve B、offer C、intention D、liquidate 9 【单选题】 The word ( B) means imposing a legal obligation. A、void B、binding C、consent D、acceptance 10【单选题】 The word ( A) means receiving something from another with the in tent to keep it,
42、 and showing that this was based on a previous agr eement. A、acceptance B、consideration C、intention D、enforceable 11【单选题】 A contract is a voluntary arrangement between two or more partie s that is ( ) at law as a binding legal agreement. A、misrepresentation B、takeover C、mistake D、enforceable 12【单选题】
43、 Formation of a contract generally requires an ( ), offer, accept ance and a mutual intent to be bound. A、terminate B、consideration C、prosecute D、plaintiff 13【单选题】 Minors, intoxicated persons, and those under a mental afflictio n may have insufficient ( ) to enter a contract. A、capacity B、bankruptcy
44、 C、mistake D、acquitted 14【单选题】 Vitiating factors constituting defences to purported contract f ormation, for instance, (C ) means a false statement of fact made by one party to another party and has the effect of inducing that party into the contract. A、dissolve B、enforceable C、misrepresentation D、c
45、onsideration 15【单选题】 A ( A) is an incorrect understanding by one or more parties to a c ontract and may be used as grounds to invalidate the agreement. A、mistake B、duress C、consent D、terminate 16【单选题】 ( C) has been defined as a threat of harm made to compel a person to do something against his or he
46、r will or judgment; especially, a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real v olition. A、provision B、consideration C、duress D、binding 知识产权法 1【单选题】 Intellectual property (IP) refers to creations of the intellect for
47、which a ( A) is assigned to designated owners by law. A、monopoly B、consent C、duress D、trademark 2【单选题】 Intellectual property rights (IPRs) are the protections (C ) to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secre ts. A
48、、fiduciary B、consideration C、granted D、dissolve 3【单选题】 A patent is a form of right granted by the government to an invent or, giving the owner the right to ( ) others from making, using, s elling, offering to sell, and importing an invention for a limit ed period of time, in exchange for the public
49、disclosure of the i nvention. A、provision B、binding C、infringement D、exclude 4【单选题】 A ( ) gives the creator of an original work exclusive rights to it, usually for a limited time. A、trademark B、copyright C、monopoly D、misrepresentation 5【单选题】 A ( ) is a recognizable sign, design or expression which d
50、istingu ishes products or services of a particular trader from the simil ar products or services of other traders. A、copyright B、consideration C、trademark D、bankruptcy 6【单选题】 By exchanging limited exclusive rights for ( A) of inventions a nd creative works, society and the patentee/copyright owner m
