超星尔雅学习通题库

2019上网课私法英语表达章节检测参考答案

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法律体系

1

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 law

B、common law

C、economic law

D、penal law

正确答案:A

2

( ) are systems of law whose sources are the decision in cases by judges.

A、civil law

B、common law

C、economic law

D、penal law

正确答案:B

3

Alongside, every system will have a ( ) that passes new laws and statute.

A、administration

B、law enforcement agency

C、legislature

D、court

正确答案:C

4

The phrase ( ) means "law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress".

A、procedural law

B、civil law

C、common law

D、substantive law

正确答案:A

5

The word ( ) means "to institute and carry forward legal action against for redress or especially punishment of a crime".

A、legislature

B、prosecute

C、precedent

D、code

正确答案:B

6

The word ( ) means "a judicial decision that should be followed by a judge when deciding a later similar case".

A、prosecute

B、provision

C、precedent

D、statute

正确答案:C

7

The phrase ( ) means "law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law".

A、procedural law

B、civil law

C、common law

D、substantive law

正确答案:D

8

The word ( ) means "a body of persons having the power to legislate".

A、precedent

B、provision

C、legislature

D、statute

正确答案:C

9

The word ( ) means "a stipulation made as a clause in a statute or contract made beforehand".

A、provision

B、code

C、prosecute

D、legislature

正确答案:A

10

The word ( ) means "a systematic compilation or revision of law or legal principles that is arranged especially by subject ".

A、legislature

B、prosecute

C、statute

D、code

正确答案:D

11

The word ( ) means "a law enacted by the legislative branch of a government".

A、prosecute

B、precedent

C、statute

D、code

正确答案:C






法律职业者

1

The word ( ) means "a person authorized to act on another’s behalf; especially lawyer".

A、advocacy

B、plaintiff

C、attorney

D、defendant

正确答案:C

2

The phrase ( ) means "a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian".

A、civil law

B、common law

C、economic law

D、penal law

正确答案:A

3

The word ( ) means "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".

A、draft

B、advocacy

C、plaintiff

D、defendant

正确答案:C

4

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 respondent".

A、attorney

B、allegation

C、plaintiff

D、defendant

正确答案:D

5

The word ( ) means "to prepare and sign a bill of exchange or check".

A、plaintiff

B、defendant

C、allegation

D、draft

正确答案:D

6

The word ( ) means "the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's judgment".

A、judgment

B、advocacy

C、draft

D、defendant

正确答案:A

7

The word ( ) means "statement in a pleading".

A、defendant

B、allegation

C、plaintiff

D、advocacy

正确答案:B

8

The word ( ) means "the profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal".

A、allegation

B、advocacy

C、attorney

D、draft

正确答案:B

9

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、jury

B、tribunal

C、inquisitorial system

D、jurisdictions

正确答案:D

10

( ) mostly specialise in courtroom advocacy and litigation.

A、lawyers

B、solicitors

C、barristers

D、judge

正确答案:C

11

Barristers' tasks include taking cases in superior courts and ( ), drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions.

A、jury

B、tribunal

C、inquisitorial system

D、jurisdictions

正确答案:B

12

A ( ) is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.

A、lawyers

B、solicitors

C、barristers

D、judge

正确答案:B

13

A ( ) presides over court proceedings, either alone or as a part of a panel of judges.

A、lawyers

B、solicitors

C、barristers

D、judge

正确答案:D

14

In some jurisdictions, the judge's powers may be shared with a ( ).

A、lawyers

B、solicitors

C、barristers

D、jury

正确答案:D

15

In ( ) of criminal investigation, a judge might also be an examining magistrate.

A、religious system

B、pluralistic systems

C、inquisitorial system

D、justice system

正确答案:C

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侵权法

1

The word ( ) means "from French for 'wrong', a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another".

A、tort

B、terminate

C、remedy

D、defamation


2

The word ( ) 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、defamation

B、tortfeasor

C、terminate

D、negligence


3

The word ( ) means "the means to achieve justice in any matter in which legal rights are involved".

A、terminate

B、tort

C、remedy

D、defamation


4

The word ( ) means "the act of making untrue statements about another which damages his/her reputation".

A、defamation

B、tortfeasor

C、trespass

D、terminate


5

The word ( ) means "to come to an end in time or effect ".

A、trespass

B、tortfeasor

C、defamation

D、terminate


6

The word ( ) means "a person who commits a tort (civil wrong), either intentionally or through negligence".

A、remedy

B、terminate

C、tortfeasor

D、defamation


7

The word ( ) means "entering another person'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、defamation

B、trespass

C、tort

D、negligence


8

A tort, in common law jurisdictions, is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a ( ).

A、liable

B、plaintiff

C、intentional

D、tortfeasor


9

The ( ) of the harm can recover their loss as damages in a lawsuit.

A、victim

B、injuries

C、liable

D、acquitted


10

In order 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、acquitted

B、plaintiff

C、tortfeasor

D、physical


11

Legal injuries are not limited to ( ) and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights.

A、plaintiff

B、acquitted

C、physical

D、liable


12

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, and in a few cases (particularly for product liability in the United States) "strict liability" which allows recovery without the need to demonstrate negligence.

A、plaintiff

B、recovery

C、intentional

D、acquitted


13

Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was ( ) in an earlier criminal trial.

A、injuries

B、tortfeasor

C、plaintiff

D、acquitted


14


For example, O. J. Simpson was acquitted in criminal court of murder but later found ( ) for the tort of wrongful death.

A、

liable

B、

civil

C、

recovery

D、

physical










公司法

1

The word   ( ) 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、fiduciary

B、bankruptcy

C、director

D、insolvency


2

The word ( ) means "ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship".

A、cquisition

B、dissolve

C、fiduciary

D、acquitted


3

The word ( ) means "a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members".

A、fiduciary

B、liable

C、director

D、insolvency


4

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、plaintiff

B、director

C、insolvency

D、injuries


5

The word ( ) means "to determine the liabilities and apportion the assets of especially in bankruptcy or dissolution".

A、cquisition

B、takeover

C、merger

D、liquidate


6

The word ( ) means "the acquisition of control or possession (as of a corporation)".

A、cquisition

B、takeover

C、liquidate

D、merger


7

The   phrase ( ) means "to bring to an end by taking care of unfinished business ".

A、pluralistic systems

B、common law

C、wind up

D、take over


8

The word ( ) means "the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors".

A、insolvency

B、liquidate

C、fiduciary

D、bankruptcy


9

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, but the shareholders of the swallowed company receive shares of the surviving corporation".

A、merger

B、director

C、cquisition

D、takeover


10

The word ( ) means "the obtaining of controlling interest in a company".

A、director

B、acquisition

C、merger

D、bankruptcy


11

English law recognised long ago that a corporation would have "( )".

A、voting rights

B、common law

C、legal personality

D、religious system


12

Corporate governance in the UK mediates the rights and duties among ( ), employees, creditors and directors.

A、shareholders

B、tortfeasor

C、plaintiff

D、victim


13

Since the board of directors habitually possesses the power to manage the business under a ( ).

A、pluralistic systems

B、legal personality

C、religious system

D、company constitution


14

UK law is "shareholder friendly" in that shareholders, to the exclusion of employees, typically exercise sole ( ) in the general meeting.

A、pluralistic systems

B、voting rights

C、religious system

D、company constitution


15

Directors must carry out their responsibilities with competence, in ( ) and undivided loyalty to the enterprise.

A、common law

B、voting rights

C、good faith

D、wind up


16

If the mechanisms of voting do not prove enough, particularly for minority shareholders, directors' duties and other member rights may be ( ) in court.

A、vindicated

B、plaintiff

C、takeover

D、insolvency


17

Shares can contain any rights the company and purchaser wish to contract for, but generally grant the right to participate in ( ) after a company earns profits and the right to vote in company affairs.

A、dividends

B、tort

C、provision

D、prosecute











合同法

1

The word ( ) means "in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid".

A、cquisition

B、discharge

C、enforceable

D、intention


2

The word ( ) means "to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed.".

A、recovery

B、void

C、intention

D、revoke


3

The word ( ) means "referring to a statute, contract, ruling or anything which is null and of no effect".

A、duress

B、fiduciary

C、prosecute

D、void


4

The word ( ) means "purpose or goal".

A、intention

B、fiduciary

C、director

D、victim


5

The word ( ) means "to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations".

A、provision

B、discharge

C、consent

D、void


6

The word ( ) means "being able to perform any gainful employment".

A、void

B、consent

C、capacity

D、shareholders


7

The word ( ) means "the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other".

A、breach

B、binding

C、consideration

D、mistake


8

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 the offer creates the contract.".

A、dissolve

B、offer

C、intention

D、liquidate


9

The word ( ) means "imposing a legal obligation".

A、void

B、binding

C、consent

D、acceptance


10

The word ( ) means "receiving something from another with the intent to keep it, and showing that this was based on a previous agreement".

A、acceptance

B、consideration

C、intention

D、enforceable


11

A contract is a voluntary arrangement between two or more parties that is ( ) at law as a binding legal agreement.

A、misrepresentation

B、takeover

C、mistake

D、enforceable


12

Formation of a contract generally requires an ( ), offer, acceptance and a mutual intent to be bound.

A、terminate

B、consideration

C、prosecute

D、plaintiff


13

Minors, intoxicated persons, and those under a mental affliction may have insufficient ( ) to enter a contract.

A、capacity

B、bankruptcy

C、mistake

D、acquitted


14

Vitiating factors 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、dissolve

B、enforceable

C、misrepresentation

D、consideration


15

A ( ) is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement.

A、mistake

B、duress

C、consent

D、terminate


16

( ) 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 made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition.

A、provision

B、consideration

C、duress

D、binding









知识产权法

1

Intellectual property (IP) refers to creations of the intellect for which a ( ) is assigned to designated owners by law.

A、monopoly

B、consent

C、duress

D、trademark


2

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、fiduciary

B、consideration

C、granted

D、dissolve


3

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 limited period of time, in exchange for the public disclosure of the invention.

A、provision

B、binding

C、infringement

D、exclude


4

A ( ) gives the creator of an original work exclusive rights to it, usually for a limited time.

A、trademark

B、copyright

C、monopoly

D、misrepresentation


5

A ( ) is a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.

A、copyright

B、consideration

C、trademark

D、bankruptcy


6

" By exchanging limited exclusive rights for ( ) of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work.

A、disclosure

B、trademark

C、shareholders

D、recovery


7

Violation of intellectual property rights, called "( )" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or   criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action.

A、mistake

B、infringement

C、plaintiff

D、victim


8

The phrase ( ) means "rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions".

A、good faith

B、wind up

C、moral right

D、pass off


9

The word ( ) means "exclusive control of a particular market that is marked by the power to control prices and exclude competition and that esp. is developed willfully rather than as the result of superior products or skill".

A、duress

B、monopoly

C、void

D、patent


10

The word ( ) means "the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years".

A、consent

B、capacity

C、statute


D、patent

11

The word ( ) means "to permit as a right or privilege".

A、grant

B、infringe

C、infringement

D、enforceable


12

The word ( ) means "a law enacted by the legislative branch of a government".

A、liquidate

B、statute

C、enforce

D、compulsory


13

The word ( ) means "a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law.".

A、monopoly

B、trademark

C、copyright

D、disclosure


14

The word ( ) means "to encroach upon in a way that violates law or the rights of another".

A、duress

B、injunction

C、infringe

D、dissolve


15

The phrase ( ) means "to make public or offer for sale (goods or services) with intent to deceive ".

A、pass off

B、pluralistic systems

C、voting rights

D、moral right


16

The word ( ) means "an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act".

A、grant

B、compulsory

C、cquisition

D、injunction


17

The word ( ) means "the act or process of distributing".

A、mistake

B、distribution

C、compulsory

D、enforce


18

The word ( ) means "to cause to take effect or to be fulfilled".

A、intention

B、enforce

C、misrepresentation

D、distribution


19

The word ( ) means "required or compelled by law: mandatory, obligatory".

A、fiduciary

B、distribution

C、compulsory

D、trademark










物权法

1

Property law is the area of law that governs the various forms of ownership and ( ) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system.

A、copyright

B、tenancy

C、injunction

D、grant


2

In the civil law system, there is a division between ( ) and immovable property.

A、trademark

B、movable

C、cquisition

D、mistake


3

Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

A、injunction

B、corresponds

C、infringement

D、intention


4

The phrase ( ) means "method of acquiring ownership to real property by possession for a statutory time period".

A、moral right

B、fee simple absolute

C、adverse possession

D、good faith


5

The word ( ) means "doctrine that states that water belongs to the person who first makes beneficial use of it".

A、equitable

B、appropriation

C、intention

D、trademark


6

The word ( ) means "transfer of title or ownership to real property from one person to another by deed".

A、capacity

B、injunction

C、chattel

D、conveyance


7

The word ( ) means "conveyance of real property by means of a last will and testament".

A、devise

B、compulsory

C、appropriation

D、bankruptcy


8

The phrase ( ) means "estate of real property with infinite duration and no restrictions on use".

A、wind up

B、fee simple absolute

C、adverse possession

D、pass off


9

The word ( ) means "a conveyance of title to property that is given to secure an obligation and that is defeated upon payment or performance according to stipulated terms".

A、infringement

B、conveyance

C、mortgage

D、enforce


10

The word ( ) means "having or exhibiting equity: dealing fairly and equally".

A、capacity

B、grant

C、devise

D、equitable


11

The word ( ) means "an item of tangible or intangible personal property".

A、chattel

B、mortgage

C、compulsory

D、mistake







冲突法

1

The word ( ) means "the status or attribution of being a permanent resident in a particular jurisdiction".

A、domicile

B、distribution

C、jurisdiction

D、compulsory


2

The word ( ) means "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial acts".

A、statute

B、enforce

C、comity

D、procedural


3

The word ( ) means "the practical authority granted to a legal body to administer justice within a defined area of responsibility".

A、jurisdiction

B、procedural

C、monopoly

D、compulsory


4

The word ( ) means "the act or process of following in order or sequence".

A、residence

B、corresponds

C、succession

D、disclosure


5

The word ( ) means "a technique for the resolution of disputes outside the courts".

A、injunction

B、arbitration

C、domicile

D、chattel


6

The phrase ( ) means "the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs".

A、fee simple absolute

B、voting rights

C、pass off

D、public policy


7

The word ( ) means "classification and as qualification".

A、characterisation

B、infringement

C、trademark

D、copyright


8

The word ( ) means "act of sending back, reference".

A、tenancy

B、title

C、renvoi

D、injunction


9

The word ( ) means "judicial body or assembly".

A、arbitration

B、forum

C、bankruptcy

D、enforceable


10

Courts faced with a choice of law issue have a two-stage process. The first one is the court will apply the law of the forum (lex fori) to all ( ) matters (including, self-evidently, the choice of law rules)

A、infringement

B、procedural

C、renvoi

D、plaintiff


11

Courts faced with a choice of law issue have a two-stage process. The second one is the court counts the factors that connect or link the ( ) to the laws of potentially relevant states and applies the laws that have the greatest connection.

A、pass off

B、company constitution

C、legal issues

D、pluralistic systems


12

The law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and capacity.

A、infringement

B、tenancy

C、enforce

D、residence


13

The law of the state in which land is situated (lex situs) will be applied to determine all questions of (5).

A、title

B、succession

C、capacity

D、patent


14

The law of the place where a transaction physically takes place or of the occurrence that gave rise to the (6) (lex loci actus) will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice.

A、corresponds

B、conveyance

C、litigation

D、comity