法律英語考試樣卷

1、試卷一 本題為單項選擇題，限時180分鐘。 1. Bill of Rightsa. Domestic federal legislation.b. Legal protection against interference of rights by private individuals.c. A popular name given to the first ten amendments to the U.S. Constitution.d. The federal constitutional provision which grants rights to state

2、 governments. 2. Standing a. Abbreviation of “notwithstanding”b. The ability to bring a lawsuit because of a partys actual injury for which the court can provide a remedy.c. The ripeness of a case or controversy. d. The status of a person, group, or organization appearing as a “friend of the co

3、urt.” 3. Consideration a. Process of judicial deliberation before rendering a decision in a contested case. b. The lengthy recitals of “boilerplate” language appearing in many contracts. c. The inducement to enter a contract, and a necessary element to prove the validity of a contract.d. The de

4、trimental reliance of an offeree. 4. Promissory Estoppel a. A failure to prosecute a civil or criminal action.b. Power to make an offer to the public rather than a specific individual.c. Equitable doctrine recognized as substitute for consideration in some cases.d. Ability of an agent to bind a

5、 principal in matters beyond the scope pf agency. 5. Punitive Damagesa. Damages to compensate for injury .b. Civil damages meant to punish the wrongdoer for causing injury.c. “Nominal” or minimal damages.d. Non-monetary damages, such as an injunction (injunctive relief) or” specific injunction

6、(injunctive relief) or “specific performance” of a contract obligation. 6. When airplanes fly over your home, are your property rights violated? a. No, never.   b. Normally, no, unless the flights are low and frequent.   c. Yes, because you own all the air above your ho

7、me, into outer space.  d. Normally, no, based on your right to quiet use and enjoyment of the property.  7. Venuea. The street or avenue where a courthouse can often be found.b. Diversity of citizenship.c. The dates of a trial.d. The location of a trial. 8. Deposition a. A tool of dis

8、covery used before trial.b. Statements made by a witness on the witness stand during trial (also known as “trial testimony”).c. The position a defendant is placed in while waiting for a trial.d. The courts resolution of a case. 9. Generally speaking, a limited partnership may be dissolved by wh

9、ich of the following events or occurrences? a. By the filing of a certificate of limited partnership.   b. By a relocation of the partnership.   c. By the marriage of a limited partner.   d. By the bankruptcy of a general partner.   10. A corporation is a

10、 legal entity: a. created by the local government.   b. created and recognized by an entrepreneurial agency.   c. managed internally by the federal government.   d. created and recognized by state law in most cases.   11. Jurisdiction a. A geographic area

11、, used primarily for determining eligibility to vote.b. The presence of a defendant in a state where he or she can be served with a summons or a subpoena.c. The power of the executive branch to enforce the judgments of the courts.d. The power and authority of a court or other body to render judgment

12、 in a case. 12.Paralegala. A secondary source of law.b. A lawyers assistant.c. One who holds an advanced law degree.d. A law student. 13. Kirby Construction Co. in preparing its bid for the construction a new hospital received a quotation of $120,000 from Kats Interiors Incwho offered to d

13、o the kitchen work in the new hospitalThis bid was $30，000 lower than Kirbys next lowest bid for the kitchen workAs a result，Kirby lowered his bid by $20，000 before submitting it to the hospital boardAfter Kirby was awarded the construction bid，and had accepted Kat's offer, Kats president discov

14、ered that in his preparation of the quotation he had overlooked some subsidiary kitchen installments required by the plansImmediately thereafter, Kats Interiors brings suit for rescission of the contractThey should(A)succeed，because of the unilateral mistake(B)not succeed，unless Kirby knew or should

15、 have known of Kat's error(C)succeed，because the mistake was an essential element of the bargain(D)not succeed，since the computation mistake was antecedent to acceptance of the bid 14. In disputes over whether a partnership exists, which of the following is NOT considered to be an essential

16、 element? (A) An equal right in the management of the business.     (B) The sharing of profits or losses. (C) The consultation on business strategy.     (D) Joint ownership in the business.  15. This jurisdiction makes suicide a crime. Jilly, a day trader, is

17、despondent over a failed marriage and catastrophic financial losses during the recent 2,000 point drop in the Nasdaq stock exchange. Jilly went up to the roof of her fourth story apartment building and decided to jump off. She landed on top of two pedestrians, Alex and Jean Pietro, who cushioned her

18、 fall and saved her life. Unfortunately, Alex and Jean Pietro were seriously injured when Jilly crashed on top of them.Jilly is guilty of (A) battery(B) attempted murder(C) attempted manslaughter(D) reckless endangerment 16. The Commonwealth of Delmarva has passed a law that provides that only

19、residents of Delmarva who are citizens of the United States can own agricultural land in the state. Delp, a citizen of the United States who resides in the neighboring state of Agoura, has contracted with Barerra to purchase the latters farm which is located in Delmarva. Barrera, who is a resident o

20、f Delmarva, has been informed by his attorney that his sales agreement with Delp is null and void under state law.Which of the following is the best constitutional argument to contest the validity of the Delmarva statute?(A) The Contract Clause prohibition against a state from enacting any law that

21、will impair the obligation of contracts.(B) The Privileges and Immunities Clause of the Fourteenth Amendment.(C) The Privileges and Immunities Clause under Article IV, Section 2.(D) The national property power provision under Article IV, Section 3. 17. Alice is sitting on her front porch watchi

22、ng her husband Bruce，who is mowing the lawnCarl，who hates Bruce but is a friend of Alices，whose presence is known to him，draws a pistol and threatens to kill BruceAlice，who is pregnant，Suffers severe emotional distress as a result of the trauma and soon afterwards has a miscarriageIn an action by Al

23、ice against Carl for mental anguish resulting in her miscarriage，Alice will(A)lose，because Carl did not know that Alice was pregnant(B)win，because it is highly probable that Carls extreme and outrageous conduct would cause emotional distress to Alice(C)lose，because Carl's actions were directed a

24、gainst Bruce，so only Bruce may recover for emotional distress(D)win，because she is Bruce's wife 18. Clyde Cooch, a prominent judge, lived next door to Lester BiggsRecently Judge Cooch had sentenced Lester Biggs' son, Dopey, to six months in prison on a narcotics chargeOne afternoon whil

25、e judge Cooch was mowing his lawn，Lester decided to avenge his son's convictionLester set up his water sprinkler behind some shrubbery separating their adjoining propertiesAs the judge was mowing his lawn and came within reach of the water sprinkler, Lester turned on the sprinkling device，and do

26、used the judge with waterJudge Cooch would be able to recover against Lester for which of the following tort(s)：(A) negligence(B) battery(C) assault and battery(D) battery and trespass 19. Cassie and her four-year-old son，Noah，were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manh

27、attanF.A.O. Schwartz，which operates one of New York's largest retail toy stores，sells a complete array of toys，games，dolls，hobbies and craftsThe iterns were displayed on a variety of tables and shelves which were easily accessible to the customersWhile Cassie was walking down one of the aisles，h

28、er attention became focused on a "Howdy Doody” doll that was prominently exhibited on an overhead display shelfWhen Cassie approached the doll display, she reached up to grab the "Howdy Doody" dollAs she did so, Cassie failed to see a “Buffalo Bob” doll lying on the floorShe tripped o

29、ver the doll and fell down, fracturing her hipIf Cassie asserts a claim against F.A.O. Schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy store's liability?(A)Yes，because Cassie was a business invitee on the premises of the toy store(B)Yes，beca

30、use F.A.O. Schwarfz was in control of the premises at the time of the accident(C)No, because the "Buffalo Bob" doll may have been dislodged by another customer(D)No，unless the “Buffalo Bob” doll had been displayed on the edge of the shelf in a negligent manner by one of  F.A.O. Schwar

31、tz's employees 20. Amos is the owner in fee simple of Blackacre. a 7-acre tract, on which he maintains a dwelling house for himself and his familyAdjoining Blackacre is Whiteacre，a 10-acre tract，owned by AndyIn order to gain access to the highway, Amos has an easement to cross over Whiteacr

32、eAmos has recently purchased Greenacre，a 12-acre tract，which abuts Whiteacre but is not appurtenant to Blackacre. Amos has begun constructing a farmhouse on Greenacre and is using the existing easement (across Whiteacre) to gain access to the 12-acre tractAmos has never received permission from Andy

33、 to use the road across Whiteacre to gain access to GreenacreIn an appropriate action by Andy to enjoin Amos from using the existing easement to gain access to Greenacre，the plaintiff will most likely(A)succeed，because Amos is making use of the servient tenement beyond the scope and extent of the ea

34、sement as it was originally created(B)succeed，because Amos has no right to use the servient tenement in connection with a tract of land which is not part of the dominant tenement(C)not succeed，because Amos has an easement by necessity(D)not succeed，because Amos has a right to use the easement in a m

35、anner not inconsistent with the rights of the owner of the servient tenement   試卷二 本題包括翻譯、寫作兩部分，共限時180分鐘1 Translation(1)Please translate the following paragraph into English  根據(jù)中國銀監(jiān)會的資料，截至2004年12月31日，中國境內(nèi)共有12家持有全國性銀行執(zhí)照的股份制商業(yè)銀行。截至同一日期，就總資產(chǎn)規(guī)模而言，本銀行是這些銀行中最大的。一般而言，股份制商業(yè)銀行的股東架構(gòu)各不相同，包括（但不限于）當(dāng)?shù)卣畬嶓w及國有企業(yè)。這些股份制商業(yè)銀行大多數(shù)是在八十年代后期和九十年代初期組建，整體市場份額逐年增加，而四大銀行的市場份額逐年下降。根據(jù)中國銀監(jiān)會的資料，截至2004年12月31日，這些銀行占中國金融機構(gòu)總資產(chǎn)約14.9%。   (2) Please translate the following paragraph i