超星尔雅学习通【私法英语表达（吉林大学）】章节测试附答案.docx

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1、超星尔雅学习通【私法英语表达（吉林大学）】章节测试附答案1.5Content Questions1、The contemporary legal systems of the world are generally based on one of four basic systems ( ), common law, statutory law, religious law or combinations of these.A、civil lawB、common lawC、economic lawD、penal law正确答案：A2、( ) are systems of law whose s

2、ources are the decision in cases by judges.A、civil lawB、common lawC、economic lawD、penal law正确答案：B3、Alongside, every system will have a ( ) that passes new laws and statute.A、administrationB、law enforcement agencyC、legislatureD、court正确答案：C4、The phrase ( ) means "law that prescribes the procedure

3、s and methods for enforcing rights and duties and for obtaining redress".A、procedural lawB、civil lawC、common lawD、substantive law正确答案：A5、The word ( ) means "to institute and carry forward legal action against for redress or especially punishment of a crime".A、legislatureB、prosecuteC、p

4、recedentD、code正确答案：B6、The word ( ) means "a judicial decision that should be followed by a judge when deciding a later similar case".A、prosecuteB、provisionC、precedentD、statute正确答案：C7、The phrase ( ) means "law that creates or defines rights, duties, obligations, and causes of action th

5、at can be enforced by law".A、procedural lawB、civil lawC、common lawD、substantive law正确答案：D8、The word ( ) means "a body of persons having the power to legislate".A、precedentB、provisionC、legislatureD、statute正确答案：C9、The word ( ) means "a stipulation made as a clause in a statute or c

6、ontract made beforehand".A、provisionB、codeC、prosecuteD、legislature正确答案：A10、The word ( ) means "a systematic compilation or revision of law or legal principles that is arranged especially by subject ".A、legislatureB、prosecuteC、statuteD、code正确答案：D11、The word ( ) means "a law enacte

7、d by the legislative branch of a government".A、prosecuteB、precedentC、statuteD、code正确答案：C2.3Content Questions1、The word ( ) means "a person authorized to act on anothers behalf; especially lawyer".A、advocacyB、plaintiffC、attorneyD、defendant正确答案：C2、The phrase ( ) means "a body of la

8、ws and legal concepts which come down from old Roman laws established by Emperor Justinian".A、civil lawB、common lawC、economic lawD、penal law正确答案：A3、The word ( ) means "the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding dam

9、ages, performance and/or court determination of rights".A、draftB、advocacyC、plaintiffD、defendant正确答案：C4、The word ( ) means "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 res

10、pondent".A、attorneyB、allegationC、plaintiffD、defendant正确答案：D5、The word ( ) means "to prepare and sign a bill of exchange or check".A、plaintiffB、defendantC、allegationD、draft正确答案：D6、The word ( ) means "the final decision by a court in a lawsuit, criminal prosecution or appeal from a

11、 lower court's judgment".A、judgmentB、advocacyC、draftD、defendant正确答案：A7、The word ( ) means "statement in a pleading".A、defendantB、allegationC、plaintiffD、advocacy正确答案：B8、The word ( ) means "the profession or work of an advocate; the action of advocating, pleading for, or suppor

12、ting a cause or proposal".A、allegationB、advocacyC、attorneyD、draft正确答案：B9、Lawyers in the United Kingdom ( ) generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers.A、juryB、tribunalC、inquisitorial systemD、

13、jurisdictions正确答案：D10、( ) mostly specialise in courtroom advocacy and litigation.A、lawyersB、solicitorsC、barristersD、judge正确答案：C11、Barristers' tasks include taking cases in superior courts and ( ), drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving exp

14、ert legal opinions.A、juryB、tribunalC、inquisitorial systemD、jurisdictions正确答案：B12、A ( ) is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.A、lawyersB、solicitorsC、barristersD、judge正确答案：B13、A ( ) presides over court proceedings, either alone or as a par

15、t of a panel of judges.A、lawyersB、solicitorsC、barristersD、judge正确答案：D14、In some jurisdictions, the judge's powers may be shared with a ( ).A、lawyersB、solicitorsC、barristersD、jury正确答案：D15、In ( ) of criminal investigation, a judge might also be an examining magistrate.A、religious systemB、pluralist

16、ic systemsC、inquisitorial systemD、justice system正确答案：C3.5Content Questions1、The word ( ) means "from French for 'wrong', a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another".A、tortB、terminateC、remedyD、defamation正确答案：A2、The word ( )

17、means "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".A、defamationB、tortfeasorC、terminateD、negligence正确答案：D3、The word ( ) means "the means to achieve justice in a

18、ny matter in which legal rights are involved".A、terminateB、tortC、remedyD、defamation正确答案：C4、The word ( ) means "the act of making untrue statements about another which damages his/her reputation".A、defamationB、tortfeasorC、trespassD、terminate正确答案：A5、The word ( ) means "to come to a

19、n end in time or effect ".A、trespassB、tortfeasorC、defamationD、terminate正确答案：D6、The word ( ) means "a person who commits a tort (civil wrong), either intentionally or through negligence".A、remedyB、terminateC、tortfeasorD、defamation正确答案：C7、The word ( ) means "entering another person

20、's 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".A、defamationB、trespassC、tortD、negligence正确答案：B8、A tort, in common law jurisdictions, is a civil wrong that unfairly

21、 causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a ( ).A、liableB、plaintiffC、intentionalD、tortfeasor正确答案：D9、The ( ) of the harm can recover their loss as damages in a lawsuit.A、victimB、injuriesC、liableD、acquitted正确答案：A10、In o

22、rder to prevail, the ( ) 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.A、acquittedB、plaintiffC、tortfeasorD、physical正确答案：B11、Legal injuries are not limited to ( ) and may include emotional, econom

23、ic, or reputational injuries as well as violations of privacy, property, or constitutional rights.A、plaintiffB、acquittedC、physicalD、liable正确答案：C12、While many torts are the result of negligence, tort law also recognizes ( ) torts, where a person has intentionally acted in a way that harms another, an

24、d in a few cases (particularly for product liability in the United States) "strict liability" which allows recovery without the need to demonstrate negligence.A、plaintiffB、recoveryC、intentionalD、acquitted正确答案：C13、Sometimes a plaintiff may prevail in a tort case even if the person who alleg

25、edly caused harm was ( ) in an earlier criminal trial.A、injuriesB、tortfeasorC、plaintiffD、acquitted正确答案：D14、For example, O. J. Simpson was acquitted in criminal court of murder but later found ( ) for the tort of wrongful death.A、liableB、liableC、recoveryD、physical正确答案：A4.11Content Questions1、The word

26、 ( ) means "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 and honesty".A、fiduciaryB、bankruptcyC、directorD、insolvency正确答案：A2、The word ( ) me

27、ans "ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship".A、cquisitionB、dissolveC、fiduciaryD、acquitted正确答案：B3、The word ( ) means "a member of the governing board of a corporation or association elected or re-elected at annual meet

28、ings of the shareholders or members".A、fiduciaryB、liableC、directorD、insolvency正确答案：C4、The word ( ) means "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".A、plaintiffB、directorC、insolven

29、cyD、injuries正确答案：C5、The word ( ) means "to determine the liabilities and apportion the assets of especially in bankruptcy or dissolution".A、cquisitionB、takeoverC、mergerD、liquidate正确答案：D6、The word ( ) means "the acquisition of control or possession (as of a corporation)".A、cquisit

30、ionB、takeoverC、liquidateD、merger正确答案：B7、The phrase ( ) means "to bring to an end by taking care of unfinished business ".A、pluralistic systemsB、common lawC、wind upD、take over正确答案：C8、The word ( ) means "the administration of an insolvent debtors property by the court for the benefit of

31、 the debtors creditors".A、insolvencyB、liquidateC、fiduciaryD、bankruptcy正确答案：D9、The word ( ) means "the joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist. In effect one corporation "swallows" the other,

32、but the shareholders of the swallowed company receive shares of the surviving corporation".A、mergerB、directorC、cquisitionD、takeover正确答案：A10、The word ( ) means "the obtaining of controlling interest in a company".A、directorB、acquisitionC、mergerD、bankruptcy正确答案：B11、English law recognise

33、d long ago that a corporation would have "( )".A、voting rightsB、common lawC、legal personalityD、religious system正确答案：C12、Corporate governance in the UK mediates the rights and duties among ( ), employees, creditors and directors.A、shareholdersB、tortfeasorC、plaintiffD、victim正确答案：A13、Since th

34、e board of directors habitually possesses the power to manage the business under a ( ).A、pluralistic systemsB、legal personalityC、religious systemD、company constitution正确答案：D14、UK law is "shareholder friendly" in that shareholders, to the exclusion of employees, typically exercise sole ( )

35、in the general meeting.A、pluralistic systemsB、voting rightsC、religious systemD、company constitution正确答案：B15、Directors must carry out their responsibilities with competence, in ( ) and undivided loyalty to the enterprise.A、common lawB、voting rightsC、good faithD、wind up正确答案：C16、If the mechanisms of vo

36、ting do not prove enough, particularly for minority shareholders, directors' duties and other member rights may be ( ) in court.A、vindicatedB、plaintiffC、takeoverD、insolvency正确答案：A17、Shares can contain any rights the company and purchaser wish to contract for, but generally grant the right to par

37、ticipate in ( ) after a company earns profits and the right to vote in company affairs.A、dividendsB、tortC、provisionD、prosecute正确答案：A5.7Content Questions1、The word ( ) means "in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need no

38、t be paid".A、cquisitionB、dischargeC、enforceableD、intention正确答案：B2、The word ( ) means "to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed.".A、recoveryB、voidC、intentionD、revoke正确答案：D3、The word ( ) means "referring to a statute, cont

39、ract, ruling or anything which is null and of no effect".A、duressB、fiduciaryC、prosecuteD、void正确答案：D4、The word ( ) means "purpose or goal".A、intentionB、fiduciaryC、directorD、victim正确答案：A5、The word ( ) means "to voluntarily agree to an act or proposal of another, which may range fro

40、m contracts to sexual relations".A、provisionB、dischargeC、consentD、void正确答案：C6、The word ( ) means "being able to perform any gainful employment".A、voidB、consentC、capacityD、shareholders正确答案：C7、The word ( ) means "the act of failing to perform one's agreement, breaking one's

41、 word, or otherwise actively violating one's duty to other".A、breachB、bindingC、considerationD、mistake正确答案：A8、The word ( ) means "a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of th

42、e offer creates the contract.".A、dissolveB、offerC、intentionD、liquidate正确答案：B9、The word ( ) means "imposing a legal obligation".A、voidB、bindingC、consentD、acceptance正确答案：B10、The word ( ) means "receiving something from another with the intent to keep it, and showing that this was b

43、ased on a previous agreement".A、acceptanceB、considerationC、intentionD、enforceable正确答案：A11、A contract is a voluntary arrangement between two or more parties that is ( ) at law as a binding legal agreement.A、misrepresentationB、takeoverC、mistakeD、enforceable正确答案：D12、Formation of a contract general

44、ly requires an ( ), offer, acceptance and a mutual intent to be bound.A、terminateB、considerationC、prosecuteD、plaintiff正确答案：B13、Minors, intoxicated persons, and those under a mental affliction may have insufficient ( ) to enter a contract.A、capacityB、bankruptcyC、mistakeD、acquitted正确答案：A14、Vitiating f

45、actors constituting defences to purported contract formation, for instance, ( ) 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、dissolveB、enforceableC、misrepresentationD、consideration正确答案：C15、A ( ) is an incorrect under

46、standing by one or more parties to a contract and may be used as grounds to invalidate the agreement.A、mistakeB、duressC、consentD、terminate正确答案：A16、( ) has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; especially, a wrongful threat

47、 made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition.A、provisionB、considerationC、duressD、binding正确答案：C6.7Content Questions1、Intellectual property (IP) refers to creations of the intellect for which a ( ) is assigned to designated ow

48、ners by law.A、monopolyB、consentC、duressD、trademark正确答案：A2、Intellectual property rights (IPRs) are the protections ( ) to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets.A、fiduciaryB、considerationC、grantedD、dissolve正确答案：C3、A patent is a form of right granted by the government to an inventor, giving the owner the right to ( ) others from making, using, selling, offering to sell, and importing an invention for a l