智慧樹知到《私法英語表達(dá)》章節(jié)測(cè)試答案

1、智慧樹知到私法英語表達(dá)章節(jié)測(cè)試答案 智慧樹知到私法英語表達(dá)章節(jié)測(cè)試答案第一章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 individu

2、al variations.（1）（2）處分別為A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正確答案：Common law,Civil law2、(3) are systems of law whose sources are the (4) in cases by judges. （3）處為A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正確答案：Common law3、(3) are systems of law whose sources are the (4)

3、 in cases by judges. （4）處為A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正確答案：decision4、Alongside, every system will have a (5) that passes new laws and (6). （5）處為A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正確答案：Legislature5、Alongside, every system will have a (5) that passes new

4、laws and (6). （6）處為A:Common lawB:Civil lawC:StatuteD:LegislatureE:decision正確答案：Statute6、statute對(duì)應(yīng)下列哪個(gè)選項(xiàng)？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

5、a crimeC:A judicial decision that should be followed by a judge when deciding a later similar caseD:A law enacted by the legislative branch of a government正確答案：A law enacted by the legislative branch of a government7、provision對(duì)應(yīng)下列選項(xiàng)為A:A judicial decision that should be followed by a judge when decid

6、ing a later similar 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.正確答案：A stipulation made as a clause in a stat

7、ute or contract made beforehand.8、code對(duì)應(yīng)下列選項(xiàng)為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 legislati

8、ve branch of a government正確答案：A systematic compilation or revision of law or legal principles that is arranged esp. by subject9、legislature對(duì)應(yīng)下列哪個(gè)選項(xiàng)？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 legis

9、lateC:A stipulation 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正確答案：A body of persons having the power to legislate10、precedent對(duì)應(yīng)下列選項(xiàng)為？A:law that prescribes the procedures and methods for

10、 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:Law that creates or defines rights, duties, obligations,

11、and causes of action that can be enforced by law正確答案：A judicial decision that should be followed by a judge when deciding a later similar case11、substantive law對(duì)應(yīng)下列哪個(gè)選項(xiàng)？A:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.B:To institute and carry

12、 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 action that can be enforced by law正確答案：Law that creates or define

13、s rights, duties, obligations, and causes of action that can be enforced by law12、prosecute對(duì)應(yīng)下列哪個(gè)選項(xiàng)？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 cri

14、meC: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正確答案：To institute and carry forward legal action against for redress or esp. punishment of a crime13

15、、procedural law對(duì)應(yīng)下列哪個(gè)選項(xiàng)？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 l

16、ater similar caseD:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law正確答案：law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.第二章1、Advocacy對(duì)應(yīng)下列哪個(gè)選項(xiàng)？A:to prepare and sign a bill of exchange or

17、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 "decree' is sometimes used as synonymous with judgment.C:Statement in

18、 a pleadingD:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal正確答案：The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal2、Allegation對(duì)應(yīng)下列哪個(gè)選項(xiàng)？A:to prepare and sign a bill of excha

19、nge 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 "decree' is sometimes used as synonymous with judgment.C:State

20、ment in a pleadingD:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal正確答案：Statement in a pleading3、Attorney對(duì)應(yīng)下列哪個(gè)選項(xiàng)?A:A person authorized to act on anothers behalf; esp lawyerB:a body of laws and legal concepts which come down from old R

21、oman 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 crim

22、inal prosecution. In some types of cases (such as divorce) a defendant may be called a respondent.正確答案：A person authorized to act on anothers behalf; esp lawyer4、Civil law對(duì)應(yīng)下列哪個(gè)選項(xiàng)？A: A person authorized to act on anothers behalf; esp lawyerB:a body of laws and legal concepts which come down from old

23、 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 and/or court determination of rights.D:the party sued in a civil lawsuit or the party charged with a crime in a cr

24、iminal prosecution. In some types of cases (such as divorce) a defendant may be called a respondent.正確答案：a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian5、Defendant對(duì)應(yīng)下列哪個(gè)選項(xiàng)?A: A person authorized to act on anothers behalf; esp lawyerB:a body of l

25、aws 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 and/or court determination of rights.D:the party sued in a civil l

26、awsuit 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.正確答案：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

27、 may be called a respondent.6、Plaintiff對(duì)應(yīng)下倆哪個(gè)選項(xiàng)？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 who initiates a lawsuit by filing a complaint with the clerk of the court ag

28、ainst 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 divorce) a defendant may be called a respondent.正確答案：the party who initiates a l

29、awsuit 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對(duì)應(yīng)下列哪個(gè)選項(xiàng)？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

30、 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 advocate; the action of advocating, pleading f

31、or, or supporting a cause or proposal正確答案：to prepare and sign a bill of exchange or check.8、judgment對(duì)應(yīng)下列哪個(gè)選項(xiàng)？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

32、 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 advocate; the action of advocating, pleading for, or supporting a cause or proposal正確答案：the final decisi

33、on 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 the United Kingdom (1) ge

34、nerally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. （1）處為A:JurisdictionsB:solicitorsC:barristersD:tribunal正確答案：Jurisdictions10、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot

35、 appear in every court. （2）處為A:AdvocacyB:documentsC:judgeD:impartially正確答案：Advocacy11、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （3）處應(yīng)為A:AdvocacyB:draft legal documentsC:documentsD:judge正確答案：draft legal documents12、They can each do (2), (3)

36、and give written advice, but (4), unlike (5), cannot appear in every court. （4）處為A:JurisdictionsB:solicitorsC:barristersD:tribunal正確答案：solicitors13、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （5）處應(yīng)為A:JurisdictionsB:solicitorsC:barristersD:tri

37、bunal正確答案：barristers14、(6) mostly specialise in courtroom advocacy and litigation.（6）處應(yīng)為A:solicitorsB:barristersC:tribunalD:Advocacy正確答案：barristers15、Their tasks include taking cases in superior courts and (7), drafting legal pleadings, researching the philosophy, hypothesis and history of law, and

38、giving expert legal opinions. （7）處應(yīng)為A:tribunalB:AdvocacyC:documentsD:assess正確答案：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

39、 described as a solicitor and enabled to practise there as such. （8）處應(yīng)為A:solicitorsB:inquisitorialC:assessD:system正確答案：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

40、vary widely across different jurisdictions. （9）處為A:impartiallyB:assessC:judgeD:system正確答案：judge18、The judge is supposed to conduct the trial (10) and in an open court. （10）處應(yīng)為A:documentsB:hearC:impartiallyD:Advocacy正確答案：impartially19、The judge (11) all the witnesses and any other evidence presented

41、by the barristers of the case（11）處應(yīng)為A:assessB:systemC:inquisitorialD:hear正確答案：hear20、(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）處應(yīng)為A:imp

42、artiallyB:assessC:inquisitorialD:system正確答案：assess21、the judges powers may be shared with a (13)（13）應(yīng)為A:assessB:juryC:inquisitorialD:system正確答案：jury22、In (14) of criminal investigation, a judge might also be an examining magistrate.（14）為A:juryB:inquisitorial systemC:systemD:tribunal正確答案：inquisitoria

43、l system第三章1、defamation對(duì)應(yīng)下列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 prudent person would do in the circumstances, or taking action which

44、 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.正確答案：D2、negligence對(duì)應(yīng)A:from French for "wrong,' a civil wrong or wrongful act, whether inte

45、ntional or 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

46、 involved.D:the act of making untrue statements about another which damages his/her reputation.正確答案：B3、remedy對(duì)應(yīng)A:the means to 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 t

47、ime or effectD: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.正確答案：A4、tort對(duì)應(yīng)A:from French for "wrong,' a civil wrong or wrongful act, whet

48、her intentional or 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 ri

49、ghts are involved.D:To come to an end in time or effect正確答案：A5、tortfeasor對(duì)應(yīng)A:n. a person who commits a tort (civil wrong), either intentionally 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 permiss

50、ion 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:the act of making untrue statements about another which damages his/her reputation.正確答案：A6、trespass對(duì)應(yīng)A:failure to exercise the care toward others whic

51、h a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.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 withou

52、t 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 effect正確答案：C7、terminate對(duì)應(yīng)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 un

53、true statements about another which damages his/her reputation.D: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.正確答案：B8、A tort, in common law jurisdictions, is a civil wrong that

54、 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）為A:victimB:tortfeasorC:intentionalD:physical正確答案：B9、 The (2) of the harm can recover their loss as damages in a lawsuit. In order to prevail（2）為A: victimB:tor

55、tfeasorC:intentionalD:physical正確答案：A10、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）為A:strict liabilityB:acquittedC:plaintiffD:liable正確答案：C11、Legal injuries are not limited to (4) an

56、d may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. （4）為A:intentionalB:physicalC:injuriesD:liable正確答案：B12、 While many torts are the result of negligence, tort law also recognizes (5) torts（5）為A: intentionalB:recoveryC:acqu

57、ittedD:strict liability正確答案：A13、and in a few cases (particularly for product liability in the United States) "(6)' which allows (7) without the need to demonstrate negligence.（6）為A:recoveryB:strict liabilityC:physicalD:plaintiff正確答案：B14、and in a few cases (particularly for product liability in the United States) "(6)' which allows (7) without the need to demonstrate negligence.（7）為A:acquittedB: victimC: intentionalD: recovery正確答案：D15、Sometimes a plaintif