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法律英語證書考試試題
法律英語證書全國統(tǒng)一考試委員會依托中國政法大學(xué)和北京外國語大學(xué)具體組織考試工作，旨在為從事涉外業(yè)務(wù)的企業(yè)、律師事務(wù)所提供招募國際性人才的客觀標準，同時督促國內(nèi)法律從業(yè)人員提高專業(yè)英語水平。下面是小編為大家整理的法律英語考試證書模擬試題，歡迎閱讀。
法律英語證書考試試題 1
1.A buyer can accept goods by：
A. Stating an intention to take them.
B. Failing to reject them.
C. Treating the goods as if the buyer owned them.
D. All of the above.
2.Mary agrees to sell a used car to Bill for $ 5，000. After Bill pays， Mary tells him to come over and pick up the car. However， Bill waits until Wednesday to pick up the car. In the meantime，the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract， and that Mary has never sold a care before.
A. Mary.
B. Bill
C. Neither Mary and Bill.
D. Both Mary and Bill.
3. One of the ways to make use of another’s trademark， copyright， patent， or trade secret， while avoiding litigation， is to obtain：
A. A cyber mark.
B. A businessprocess patent.
C. An easement. 地役權(quán)
D. A license.
4.In order for someone to be convicted of a crime， which of the following elements must be present?
A. The defendant had a socially maladjusted childhood.
B. The defendant had no intent to commit the act.
C. The defendant performed a prohibited act.
D. The defendant performed a morally questionable act.
5.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening， after Mark had left for the week， Bob discovered that he was missing $9，000 in cash. Mark may be guilty of：
A. Robbery.
B. Embezzlement.
C. Misappropriation.
D. Conversion.
6.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy， the act of ______ occurs：
A. Insider trading.
B. Economic espionage.
C. Money laundering.
D. Burglary.
7. Suppose that Jami invents and patents his new weeding machine， but never sells it. Louisa borrows the machine from Jami， pulls it apart， copies it， and then sells it. Louisa：
A. Has done nothing wrong; competition is a part of our market economy.
B. Has not infringed a patent because the product was not “in commerce.”
C. Has infringed Jami’s patent rights.
D. Has behaved immorally， but not illegally
8.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it， he may be guilty of the crime of：
A. Battery.
B. Larceny.
C. Arson.
D. Forgery
9.A homicide committedwithout malice towards the victim is known as：
A. First-degree murder.
B. Manslaughter.
C. A misdemeanor.
D. Extortion
10.If you are charged with a crime， you might be able to defend yourself and escape liability if you：
A. Committed a prohibited act.
B. Were voluntarily intoxicated at the time of the crime.
C. Were over the age of sixty-five at the time of crime.
D. Were involuntarily intoxicated at the time of crime.
11.One morning in the Laundromat， Duneberry approached Kirksey and said， “If you don’t pay me $ 500 by July 2nd， I’ll beat you to a pulp.” A week later， on July 2nd， Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money， Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law， Duneberry will most likely be found guilty of which of the following crimes：
A. Extortion and battery.
B. Extortion and robbery.
C. Assault and battery.
D. Assault and robbery
12.Which of the following does NOT describe a felony?
A. If found guilty， you are sentenced to prison for up to six months.
B. If found guilty， you go to a federal or state penitentiary.
C. If found guilty， you may face the death penalty.
D. If found guilty， you may face life imprisonment.
13.Which of the following is not classified in English law as a tort?
A. Defamation.
B. Negligence.
C. Breach of contract.
D. Nuisance
14.Eunice Younis is sitting in a swing chair watching her husband Yasser， planting tulip bulbs from his native Turkey. Jacques Kevorkian， who hates Yasser because of the Armenian genocide， but is a friend of Eunice’s， whose present is known to him， draws a scimitar and threatens to behead Yasser. Eunice， who is five months pregnant， suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarriage， Eunice will：
A. Lose， because Jacques did not know Eunice was pregnant.
B. Win， because it is highly probable that Jacques’ extreme and outrageous conduct would inflect emotional distress on Eunice.
C. Lose， since Jacques’s tortuous acts were aimed against Yasser， so only Yasser can recover for emotional distress.
D. Win， because she is Yasser’s wife.
15.Intent is：
A. A factor required to sustain a tort.
B. Strict liability.
C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.
D. Where desert nomads live
16.False imprisonment is：
A. Placing a convicted defendant in a maximum security prison.
B. A description of when a judge and jury disagree over a sentence.
C. A criminal imprisonment for civil wrong.
D. The intentional， unlawful confinement of a person against that person’s will.
17. Which of the following is/are required in order to have a “tender” of goods?
A. The seller must put and hold conforming goods at the buyer’s disposal.
B. The seller must give notice to the buyer that the goods are available.
C. The seller must give notice to the buyer and hold the goods for a reasonable time.
D. All of the above are required for tender.
18. Rescission may be defined as：
A. The substitution of one contract party for another.
B. The revision of a contract’s terms to reflect trade usage.
C. The full performance of a contract.
D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.
19. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discover later that the dog is not worth $800， but only $400， can you have the contract rescinded or canceled based on your mistake?
A. Yes， if the owner knew the dog was clearly not worth $800.
B. Yes， because you had a duty to investigate.
C. Probably not， because you made a mistake about the dog’s value， not a mistake of a material fact.
D. Probably so， because you made a mistake of an immaterial fact.
20. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian， in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficient?
A. No， because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.
B. No， because this kind of bargain violates public policy.
C. Yes， based on the clear lack of any bargain.
D. Yes， because Liz has promised something of value
21. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun， an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk， Reggie tells Hortense， “You have done really good lately. If you can keep it up until Christmas， you will get a $500 bonus.” Reggie’s promise could be best characterized as：
A. Valid consideration.
B. An illusory promise.
C. An output contract.
D. A requirements contract
22. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications：
A. Vercingetorix may not reject Eddy’s performance because Eddy has substantially performed.
B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.
C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.
D. Vercingetorix may reject Eddy’s performance because it was not precisely what their agreement demanded
23.Andronicus， an international dog dealer， offers to pay Justinian， an professional dog breeder， $40，00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”， to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st， Andronicus repudiates. Justinian’s cause of action against Andronicus will accrue：
A. Immediately on August 1st.
B. Anytime between July 12th and August 12th.
C. Either A and B.
D. August 12th
24.With regard to corporations：
A. They may be held liable for crimes， just as individuals may be.
B. They may never be held liable for crimes.
C. They do not really exist， so they cannot be liable for crimes， only for torts.
D. They may only be held liable for crimes if they are privately owned.
25. A person may be found not guilty of committing a crime if that person：
A. Is over the age of 18.
B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.
C. Is voluntarily intoxicated.
D. Made a mistake of law
26. Negligence is：
A. Forgetfulness.
B. Willful and wanton misconduct.
C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.”
D. A tort that will impose liability for a breath of a duty that proximately causes an injury
27. Immunity is：
A. A statutory defense available only to sovereign governments.
B. A possible defense to tort liability.
C. The right of students in law school to participate in political demonstrations.
D. The invulnerability of a trial court judge.
28. Kriekor leases an apartment from Methuselah. In this situation， Methuselah is known as：
A. The lessor.
B. The lessee.
C. The tenant.
D. The debtor.
29. The famous “swoosh” design on the side of NIKE sneakers is an example of：
A. A copyright.
B. A patent.
C. A trademark.
D. A trade secret
30. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”， you are looking at：
A. A certification mark.
B. A strong mark.
C. A patent.
D. A licensor
法律英語證書考試試題 2
一、英譯漢
1、general jurisdiction 一般管轄
2、bar examination 律師考試
3、ripeness 案件成熟度
4、substantive law 實體法
5、no contest pleas 不辯護也不認罪的答辯
二、漢譯英
1、巡回法院circuit courts
2、模擬法庭moot court
3、案件決議度mootness
4、起訴書complaint
5、被上訴人appellee
三、翻譯短文
1、No two legal systems,then,are exactly alike、Each is specific to its country or its jurisdiction、This does not mean,of course,that every legal system is entirely different from every other legal system、Not at all、When two countries are similar in culture and tradition,their legal systems are likely to be similar as well、No doubt the law of E1Salvador is very much like the Law of Honduras、The laws of Australia and New Zealand are not that far apart、
沒有兩個法系就是恰好相似的。每一種法系對于它的國家與它的管轄范圍就是特定的。當然,這并不意味著每一種法系就是完全不同于其它任何一種法系。當兩個國家在文化與傳統(tǒng)上相似的時候,她們的法系也很可能相似。難怪薩爾瓦多的法律與洪都拉斯的法律異常相似。澳大利亞的法律與新西蘭的法律也不就是相差甚遠。
2、In many jurisdictions in the United States,felonies are crimes punishable by death or imprisonment in a state prison or penitentiary and misdemeanors are those punishable by fine of imprisonment in a local jail、(The term jurisdiction refers to the authority of a political entity,such as a state or a county ,or the territory over which that authority is exercised、)In other jurisdictions,crimes punishable by fine or imprisonment in a local jail、(The term jurisdiction regers to the authority of a political entity,such as a state or a county,or the territory over which that authority is exercised、)In other jurisdictions,crimes punishable by imprisonment for one yeat or more are folonies,and those punishable by fine or imprisonment for less than one year are misdemeanors、Since each jurisdiction determines the penalties for offenses it defines,a misdemeanor in one jurisdiction may constitute a felony in another、Some jurisdictions have an additional classification for petty offenses,also called infractions,which are usyally punishable by a small fine、
在美國的許多地區(qū),重罪就是被處以死刑或者在州監(jiān)獄里終身監(jiān)禁的犯罪,而輕罪就是被處以罰款或者就是在當?shù)乇O(jiān)獄監(jiān)禁的犯罪。(這個管轄術(shù)語涉及政治性實體的權(quán)威,例如一個州或者一個國家,或者一個培訓(xùn)權(quán)威的領(lǐng)地。)在其她地區(qū),被處以監(jiān)禁一年或一年以上的就是重罪,被處以罰款或監(jiān)禁少于一年的就是輕罪。因為每個地區(qū)各自定義決定罪犯的刑罰,在一個地區(qū)的輕罪可能在別的地區(qū)就是重罪。一些地區(qū)對輕微違法有另外的分類,稱作侵害,通常被處以數(shù)量不大的罰款。
3、The system of criminal procedure in the United States is both adversarial and accusatorial、The adversatial aspects are as follows:the parties themselves develop and present the evidence before a passive and impartial decisionmaker,with the judge acting only as necessary to assure overall fairness of the contest between the sides、Accusatorial principles are not the same as adversarial principles,but they complement each other、Accusatorial principles require the “government in its contest with the individual to shoulder the entire load,”while adversarial principles require that the prosecutor,as the governmen t′s representative,present the case against the defendant、Thus,the prosecutor must bear the entire burden of proving the defendan t′s guilt on every element of the crime without the compelled assistance of the accused、The U、S、system allows for exceptions to the accusatorial principle,just as it contemplates exceptions to the asversatial principle,but it remains primarily accusatorial and adversarial、
在美國,刑事訴訟體系包括對抗式(當事人主義)與控告式(職權(quán)主義)。當事人主義包括以下幾個方面:當事人自己在一個消極的公正的決策者之前收集與呈現(xiàn)證據(jù),而法官僅扮演一個能夠保證爭議雙方公正的必要角色。職權(quán)主義原則與當事人原則不同,但雙方就是互補的。職權(quán)主義原則要求政府在個別爭議中承擔全部責任。然而當事人主義原則要求政府代表的檢察官呈現(xiàn)針對被告的案件。因此,公訴人必須承擔證明被告有罪的'全部責任, 并且在每一個犯罪要素上排除被告被強迫的幫助。美國體系容許排除職權(quán)主義原則,正如她沉思排除當事人主義原則,但它仍保持著主要的職權(quán)主義原則與當時人原則。
4、Direct Examination and Cross Examination
The plaintiff′s lawyer calls her or his witness and question the witness、This is know as direct examination、When the plaintif f′s lawyer has finished,the defendan t′s lawyer may cross-examine the plaintif f′s witness 、On cross-examination ,the defendan t′s lawyer is free either to limit his questions to topics raised by the plaintif f′s lawyer or to limit his questions to topics raised by the plaintif f′s lawyer of to open a new line of questioning、When the defendant`s lawyer has finished,the plaintiff`s lawyer may redirect,or ask assitional questions of the same witness、On redirect examination,however,the plaintiff`s lawyer may ask only questions raised by the defendant`s lawyer on cross-examination;she or he may not open a new line of questioning、Upon completion of redirect,the defendant`s lawyer may recross-examination;she or he may not open a new line of questioning、Upon completion of redirect,the defendant`s lawyer may recross-examine but also is limited to questions raised on redirect、When both lawyers have asked all of their questions,the witness is excused、
原告律師可以直接要求她或者她的證人出庭與詢問證人。這就就是為人所知的直接詢問。當原告律師完成詢問后,被告律師可交叉質(zhì)詢原告證人。在交叉質(zhì)詢中,被告律師可以把話題限制在原告律師提前的話題上,也可以開始新一輪的提問。當被告律師結(jié)束后,原告律師可以再次直接地詢問或?qū)ν蛔C人問其她問題。在再次直接詢問中,原告律師僅可以就被告律師在交叉詢問中提出的問題進行詢問。她(或她)不可以再次提出新問題,當完成再次直接詢問后,被告律師可再次交叉詢問。但同時也受再次質(zhì)詢中所提問題的限制。當雙方律師問完(證人)所以問題后,證人可退庭。
附：法律英語證書考試大綱
考試分試卷一和試卷二，各需三個小時完成。試卷一為選擇題。試卷二是主觀題，包括案件閱讀、法律翻譯和法務(wù)寫作三項。
現(xiàn)將試卷結(jié)構(gòu)列出，以供參考：
試卷(一)， 客觀題(單項選擇題)，共100題，每題1分。
本部分試題有以下兩部分內(nèi)容組成：美國法基本知識(90-95%)和邏輯推理(5-10%).
難易程度比例設(shè)置：容易題目占50%，中等難度試題占30%，高難度試題占20%。
(1)、美國法基礎(chǔ)知識，各部門法題量比例：
1 合同法 10-15%
2 憲法 5-10%
3 侵權(quán)法 10-15%
4 證據(jù)法 10-15%
5 財產(chǎn)法 10-15%
6 刑法、刑訴 10-15%
7 知識產(chǎn)權(quán)法 5-10%
8 法律術(shù)語與文化 10-15%
(2)、邏輯推理 (5-10%)
試卷(二)， 主觀題，有案例閱讀、法律翻譯和法務(wù)寫作三部分組成。各部分分數(shù)分別為25分、40分和35分。
難易程度比例設(shè)置：中等難度試題占80%，高難度試題占20%
(1)、案例閱讀 (Case Reading and Comprehension)共25分
本部分試題包括一篇美國真實案例。要求應(yīng)試者在準確、快速閱讀案例后，根據(jù)獲得的案例中的信息，簡略回答有關(guān)問題。
(2)、法律翻譯(Legal Translation)共40分
本部分試題有兩節(jié)，Section A 和Section B。Section A是中譯英，Section B 是英譯中，各占20分。
(3)、法務(wù)寫作(Legal Writing)共35分
本部分試題要求應(yīng)試者根據(jù)題目給出的信息，用英文撰寫一封律師函、起草意向書或?qū)懸黄蓚渫?Law Office Memo);或根據(jù)題目所提供的信息或案例，代表某一方寫一篇律師辯論書(Brief)。
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