法律英语 - 甘肃政法大学 - 学堂在线

法律英语 - 甘肃政法大学 - 学堂在线

1.填空题(20分)

I. Choose the legal terms from the list below to match the definitions.

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1. The “guilty mind” necessary to establish criminal responsibility.

2. A defamatory publication in writing.

3. The party who brings a civil action (that is, who sues) in court.

4. The determination of a jury on the facts

5. The doctrine that the decision of the court should serve as precedents for future cases.

6. A prescribed number of people selected according to law and sworn to make findings of fact and determine the outcome of cases, either civil or criminal.

7.A right in land owned by another that gives the holder the right to use the land for a specific purpose.

8. A defendant’s agreement to plead guilty in exchange for a reduced charge or other special treatment.

9. One of the requirements for a tort, which produces an event, without which the injury would not have occurred.

10. The court’s authority to decide cases. 

正确答案：

 填空1 : H

填空2 : I

填空3 : A

填空4 : D

填空5 : J

填空6 : F

填空7 : C

填空8 : G

填空9 : E

填空10 : B

2.填空题(20分)

II. Choose the proper legal terms from the list below to fill in the blanks.

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What we call criminal law broadly refers to federal and state laws that make certain behavior illegal and punishable byand/or fines. Our legal system is largely comprised of two different types of cases: civil and criminal. Civil cases are disputes between people regarding the legal duties and responsibilities they owe each other. Criminal cases, meanwhile, are charges pursued byfor violations of criminal.

In the United States, British common law ruled during colonial times. Common law is a process that establishes and updates rules that govern some nations. Once America became an independent nation, it adopted the U.S. Constitution as “the supreme law of the land.” The U.S. continues to employ a common law system, which works in combination with state andstatutes. As far as criminal laws are concerned, each state has its owncode which defines what is or is not a crime, the severity of any offense and its punishment.

Criminal cases are generally categorized as felonies or misdemeanors based on their nature and the maximum imposable punishment. Each state is free to draft new criminal laws, so long as they are deemed. Thus, what is a crime in one state may not necessarily be a crime in a neighboring state. A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking tickets, are often called. 

Many people think that police officers (who investigate crimes) also charge. That is a common misconception. Police gather evidence and sometimes alsoin court. But prosecutors ultimately decide whether a suspect is prosecuted or not. A qualified criminal defense attorney is often a crucial advocate for anyone charged with a crime. These attorneys are very familiar with local criminaland laws.

正确答案：

 填空1 : C

填空2 : F

填空3 : J

填空4 : D

填空5 : B

填空6 : H

填空7 : I

填空8 : A

填空9 : G

填空10 : E

3.单选题(1分)

According to the Constitution of the United States, all legislative powers herein granted shall be vested in _______. ()

Athe congress of the United States

Bthe Senate

Cthe House of Representatives

Dthe Supreme Court of the

EF

正确答案：A

4.单选题(1分)

Bench Trial is ______.

Aa trial without the plaintiff 

Ba trial with a jury

Can appeal before a panel of judges

Da trial before a judge without a jury

正确答案：D

5.单选题(1分)

Proximate cause is ______. ()

Athe creation of legal duty in negligence law

Bthe breach of a legal duty in negligence law

Cthe close relationship between a defendant’s action or failure to act and the plaintiff’s injury in negligence law

Dthe damages resulting from a breach of contract in contract law

正确答案：C

6.单选题(1分)

Statute of Limitations refers to ______.()

Athe statutory limit on the number of depositions a lawyer can file

Bthe number of statutes that may be used in prosecuting a case

Cthe rung of the clock from the time a trial starts until it ends

Dlegislative pronouncement that certain causes of action must be filed within a certain period of time to prevent “stale claims”

正确答案：D

7.单选题(1分)

Discovery refers to ______.

Aformer term used for gift of personal property by a will

Ba statement that denies something, esp. responsibility

Cthe process of gathering and preserving evidence prior to trial in a civil or criminal case

Dthe decision made by a jury as to whether a criminal defendant is guilty or not 

正确答案：C

8.单选题(1分)

The standard for a police officer to have the authority to arrest a person is _____.()

Aprobable cause

Breasonable doubt

Cpreponderance of the evidence

Dproof beyond reasonable doubt

正确答案：A

9.单选题(1分)

In a court hearing of a personal injury case, the judges did not question any witness before making the decision. What would be the reason?()

AThe judges believed it was unnecessary to call witnesses.

BIt was an appeal.

CIt was a simple case.

DThe witnesses refused to take the stand.

正确答案：B

10.单选题(1分)

Voir dire is a very important part of common law trial proceedings. Which of the following statements about the purposes of the voir dire is NOT true? () 

ATo determine whether the jurors are qualified.

BTo determine whether the jurors have bias or prejudice.

CTo determine whether the jurors have received sufficient legal education.

DTo determine whether the jurors have the normal mental status.

正确答案：C

11.单选题(1分)

The President of the United States can be removed by ______.()

Atrial process

Bimpeachment

Carbitration

Dpublic vote

正确答案：B

12.单选题(1分)

A homicide committed without malice towards the victim is known as ______.()

AFirst-degree murder

BManslaughter

CA misdemeanor

DLarceny

正确答案：B

13.单选题(1分)

A contract that has been fully performed is called a() ___­­­­­­­­­­____.() 

Aunilateral contract

Bbilateral contract

Cexecuted contract

Dfunctional contract

正确答案：C

14.单选题(1分)

If the accepted offer varies from the original offer, it is known as a() ______.()

Areformation

Bcounter-offer

Cearnest money deposit

DRescission

正确答案：B

15.单选题(1分)

Elmer offered evidence proving that Kathy had readjusted the brakes of her vehicle after the accident. Arrow’s objection to the evidence should be ______.()

Aoverruled, because it tends to prove Kathy’s negligence

Boverruled, because it is relevant to Kathy’s state of mind

Csustained, because it constitutes assertive conduct

Dsustained, for public policy reasons

正确答案：D

16.单选题(1分)

A person may be found not guilty of committing a crime if the person _______.

Ais over the age of eighteen

Bsuffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts

Cis voluntarily intoxicated 

Dmade a mistake of law

正确答案：B

17.单选题(1分)

If James takes Ellen’s watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of ______.()

Abattery

Blarceny

Carson

DManslaughter

正确答案：B

18.单选题(1分)

In order for someone to be convicted of a crime, which of the following elements must be present?()

AThe defendant had socially maladjusted childhood

BThe defendant had no idea what he did

CThe defendant performed a prohibited act

DThe defendant performed a morally questionable act

正确答案：C

19.单选题(1分)

Intentional infliction of emotional distress is ______.

Aa cause of action that allows for recovery after a person is insulted

Ba cause of action for the intentional breach of a contract obligation

Ca cause of action arising when a defendant’s behavior toward a plaintiff is so outrageous and extreme that it proximately causes serious emotional distress

Da cause of action for putting another person in fear of being hit

正确答案：C

20.单选题(1分)

Who may consider the evidence and determine the facts in a common law case?

AAlways the jury. 

BA judge, in a bench trial.

CA judge, on appeal. 

DJury, on appeal.

正确答案：B

21.单选题(1分)

Which of the following is not classified in English as a tort?()

ADefamation

BNegligence

CLarceny

DNuisance

正确答案：C

22.单选题(1分)

The U.S. Constitution grants Congress a number of specific powers, not including ______.

Ataxing power

Bspending power

Ccommerce power

Dpolice power

正确答案：D

23.单选题(1分)

Through the ______, most of the protections of the Bills of Rights are applicable to the states. ()

AFourteenth Amendment

BFirst Amendment

CFourth Amendment

DFifth Amendment

正确答案：A

24.单选题(1分)

Stare Decisis is _______. 

Aa legal right to bring a lawsuit

Bthe doctrine that the decision of the court should serve as precedents for future cases

Ca legal reason part of a decision

Da legal doctrine that certain types of agreements must be in writing or they will be not enforced by the courts.

Elegal doctrine that certain types of agreements must be in writing or they will be not enforced by the courts.

正确答案：B

25.单选题(1分)

In a civil suit, the document that the plaintiff may submit to court is ______.()

Aan answer

Ban information

Can indictment

Da complaint

正确答案：D

26.单选题(1分)

Standard of proof in a criminal law case is ______.()

Aby a preponderance of evidence

Bby probable cause standard

Cbeyond reasonable doubt

Dby clear and convincing evidence

正确答案：C

27.单选题(1分)

Parol Evidence Rule refers to ______.

Aunforeseeable circumstances that prevent someone from fulfilling a contract

Ba rule requiring an appellate court to reverse a conviction and award a new trial when an obvious error in the trial proceedings

Cwhen parties put an agreement in writing, all previous oral agreements merge with the writing and subsequent oral evidence cannot modify the agreement

Da legal proceeding to enforce payment of a debt through the sale of property on which the creditor holds lien

正确答案：C

28.单选题(1分)

Opinion Evidence refers to ______.

Aan attorney’s preliminary statement of a case in a court of law

Ba formal statement of reasons for a judgment given

Cevidence of what the witness thinks, believes or infers in regard to fact in dispute, which is not admissible except in the case of experts

Devidence requiring parties to proffer the original writing, recording, or photograph when attempting to prove the contents thereof

正确答案：C

29.单选题(1分)

Cross-examination refers to ______.() 

Ainspection liability law for persons

Bquestioning of an adverse witness

Cdirect examination of a witness

Dquestioning of a party’s own witness

正确答案：B

30.单选题(1分)

In criminal proceedings, the charging document for a person who has been accused of a crime by a grand jury is called ______. 

Aa certiorari

Ba complaint

Can indictment

Dan information

正确答案：C

31.单选题(1分)

When the prosecutor asked Witness: “Didn’t you go to the park last Friday?” The defense lawyer objected on the ground of leading question. If the judge overruled the objection, the most probable reason would be _______.()

AThe prosecutor was cross-examining Witness

BWitness was called by the prosecutor to the stand

CThe question was not a leading question

DAttorneys are allowed to ask leading questions in court

正确答案：A

32.单选题(1分)

At a murder trial, the prosecutor was examining one of the witnesses. When the prosecutor asked “What do you think was the truth?” the defense lawyer objected, but the objection was overruled. The most probable reason would be ______.()

Athe witness was invited as an expert

Bthe witness was related to the defendant

Cthe witness was at the crime scene

Dthe witness was not at the crime scene

正确答案：A