法律英语试题

1、法律英语证书（lec）考试简介 随着中国入世和对外开放的逐步深入，法律英语的重要性日渐凸现。然而，由于法律英语的特殊性，国内一直没有一个科学的考核指标衡量法律从业人员专业英语的掌握程度。法律英语证书（legal english certificate，简称lec）全国统一考试由总部设在美国的美中友好交流促进会与中国政法大学共同研究推出，目的是为从事涉外业务的企业、律师事务所提供招募国际性人才的客观标准，同时督促国内法律从业人员提高专业英语的能力。 法律英语证书全国统一考试试题由其考试委员会全体委员共同设计、决定。考试委员会五十名成员由来自国内外的法律英语专家、学者、著名律师担任。该考试的题型、

2、考察内容与美国的律师资格考试相近，同时又突出了法律英语语言运用的特色，并结合中国的实际增加了法律英语翻译测试。考试分试卷一和试卷二，各需三个小时完成。试卷一为多项选择题，内容涉及美国宪法、财产法、知识产权法、侵权法、商事组织法、民事程序法、刑法及刑事程序法等，重点考察合同法、商事组织法、侵权法、知识产权法及财产法的知识；试卷二是主观题，包括法律英语英汉互译和法律英语写作两项，其中法律英语写作将重点考察office memo, case brief 及律师信函的写作格式及作文内容。 从事涉外法律业务的工作人员，想提高自身专业英语能力的法律从业人员，立志从事涉外法律职业的在校法学院学生、外语学院学

3、生，以及打算出国（尤其是美国、加拿大）攻读法学专业的人士都可以参加法律英语证书（lec）全国统一考试。 法律英语证书考试属水平考试，满分为200分，试卷一和试卷二分别在60分以上、总分在125分以上为合格。该考试证书是从事涉外法律服务工作的专业英语水平权威证明；该考试也是赴美攻读法学专业，及取得美国律师职业资格的可靠保证。 法律英语证书全国统一考试每年举行两次，分别将在5月份和12月份的最后一个周六举行，暂时只设中国政法大学考点。法律英语证书（lec）全国统一考试委员会考务办公室全面负责组考工作。考试不受年龄、性别、职业、地区、学历等限制，持本人有效身份证件即可报名参加考试。关于考试报名的详细

4、情况及复习备考资料、考试相关培训信息等请致询，或登陆www. 查询。试卷结构介绍考试分试卷一和试卷二，各需三个小时完成。试卷一为选择题，试卷二是主观题，包括法律英语英汉互译和法律英语写作两项。现将试卷结构列出以供参考：试卷（一）， 客观题（单选题），共100道小题，每题1分。难易程度比例设置容易题目占50%，中等难度试题占30%，高难度试题占20%。各部门法所占比例设置1 合同法 10-15%2 宪法 2-4%3 侵权法 10-15%4 证据法 5-7%5 民事程序法 2-4%6 刑事程序法 2-4%7 知识产权法 5-7%8 商事组织法 10

5、-15%9 证券法 5-7%10 财产法 10-15%11 票据法 2-4%12 刑法 10-15%试卷（二）， 主观题，有翻译与写作两部分，每部分50分。一、难易程度比例设置中等难度试题占80%，高难度试题占20%二、部门法比例设置1、法律英语翻译分为英译汉、汉译英两部分， 内容涉及合同法、公司法、知识产权法、侵权法的法律条文或法律原则。其中，合同法、公司法各占30%，知识产权法、侵权法各占20%。2、法律英语写作office memo, case brief，letter各一篇，其中，office memo, case brief各占40%，letter占20%。1. bill of ri

6、ghtsa. 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 governments.2. standing a. abbreviation of “

7、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 court.”3. consideration a. process of judicial delibe

8、ration 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 detrimental reliance of an offeree.4. promissory estoppel a

9、. 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 principal in matters beyond the scope pf agency.5. punitive da

10、magesa. 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 (injunctive relief) or “specific performance” of a contract obligatio

11、n.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 home, into outer space. d. normally, no, based on your right to quiet use and enjoyment of the property. 7.

12、 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 discovery used before trial.b. statements made by a witness on the witness stand during trial (also known as “trial testimony”

13、).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 which of the following events or occurrences?a. by the filing of a certificate of limited partnership. b. by a relocation of the pa

14、rtnership. c. by the marriage of a limited partner. d. by the bankruptcy of a general partner. 10. a corporation is a 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

15、 state law in most cases. 11. jurisdiction a. a geographic area, 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

16、power and authority of a court or other body to render judgment 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

17、of $120,000 from kats interiors incwho offered to do 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

18、had accepted kats offer, kats president discovered 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 mis

19、take(b)not succeed，unless kirby knew or should have known of kats 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 bid14. in disputes over whether a partnership exists, which of the following i

20、s not considered to be an essential 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 despondent over

21、 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 fall and saved

22、 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 endangerment16. the commonwealth of delmarva has passed a law that provides that only residents of delmarva

23、 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 of delmarva, has been

24、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 will impair the oblig

25、ation 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 watching her husband bruce，who is

26、 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 alice against carl for mental

27、 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 carls actions were directed against bruce，so only bruce may r

28、ecover for emotional distress(d)win，because she is bruces wife18. 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 while judge cooch was mowing his lawn，lester decided

29、 to avenge his sons 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 doused the judge with waterjudge cooch would be able to

30、 recover against lester for which of the following tort(s)：(a) negligence(b) battery(c) assault and battery(d) battery and trespass19. cassie and her four-year-old son，noah，were christmas shopping at f.a.o. schwartz toy store in midtown manhattanf.a.o. schwartz，which operates one of new yorks larges

31、t 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，her attention became focused on a howdy doody” doll that was prom

32、inently 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 over the doll and fell down, fracturing her hipif cassie asserts a claim against f.

33、a.o. schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy stores liability?(a)yes，because cassie was a business invitee on the premises of the toy store(b)yes，because f.a.o. schwarfz was in control of the premises at the time of the accident(c)no, be

34、cause 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. schwartzs employees20. amos is the owner in fee simple of blackacre. a 7-acre tract, on which he maintains a dw

35、elling 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 whiteacreamos has recently purchased greenacre，a 12-acre tract，which abuts whiteacre but is not appurtenant to blackacre. am

36、os 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 to use the road across whiteacre to gain access to greenacrein an appropriate action by andy to enjoin amos from us

37、ing 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 easement as it was originally created(b)succeed，because amos has no right to use the servient tenement in connection w

38、ith 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 manner not inconsistent with the rights of the owner of the servient tenement试卷二本题包括翻译、写作两部分，共限时180分钟1 translation(1)please translate the following paragraph into english 根据中国银监会的资料，截至2004年12月31日，中国境内共有12家持有全国性银行执照的股份制商业银行。截至同一日期，就总资产规模而言，本银行是这些银行中最大的。一般而言，股份制商业银行的股东架构各不相同，包括（但不限于）当地政府实体及国