网课《私法英语表达》章节考核测试答案

第1章 单元测试

1、The contemporary legal systems of the world are generally  based on one of four basic systems (1) , (2) , statutory law, religious law or  combinations of these. However, the legal system of each country is shaped by  its unique history and so incorporates individual variations.  （1）（2）处分别为

答案：Common law、Civil law

2、(3) are systems of law whose  sources are the (4) in cases by judges. （3）处为

答案：Common law

3、(3)  are systems of law whose sources are the (4) in cases by judges.  （4）处为

答案：decision

4、Alongside, every system will have a (5) that  passes new laws and (6) . （5）处为

答案：Legislature

5、Alongside, every  system will have a (5) that passes new laws and (6) .  （6）处为

答案：Statute

6、statute对应下列哪个选项？

答案：A law enacted by the  legislative branch of a government

7、provision对应下列选项为

答案：A  stipulation made as a clause in a statute or contract made  beforehand.

8、code对应下列选项为

答案：A systematic compilation or revision  of law or legal principles that is arranged esp. by  subject

9、legislature对应下列哪个选项？

答案：A body of persons having the  power to legislate

10、precedent对应下列选项为？

答案：A judicial decision  that should be followed by a judge when deciding a later similar  case

11、substantive law对应下列哪个选项？

答案：Law that creates or defines  rights, duties, obligations, and causes of action that can be enforced by  law

12、prosecute对应下列哪个选项？

答案：To institute and carry forward legal  action against for redress or esp. punishment of a crime

13、procedural  law对应下列哪个选项？

答案：law that prescribes the procedures and methods for  enforcing rights and duties and for obtaining redress.

第2章  单元测试

1、Advocacy对应下列哪个选项？

答案：The profession or work of an advocate;  the action of advocating, pleading for, or supporting a cause or  proposal

2、Allegation对应下列哪个选项？

答案：Statement in a  pleading

3、Attorney对应下列哪个选项?

答案：A person authorized to act on  another’s behalf; esp lawyer

4、Civil law对应下列哪个选项？

答案：a body of  laws and legal concepts which come down from old Roman laws established by  Emperor Justinian

                     

5、Defendant对应下列哪个选项?

答案：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.

6、Plaintiff对应下俩哪个选项？

答案：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.

7、Draft对应下列哪个选项？

答案：to prepare and sign a bill of exchange  or check.

8、judgment对应下列哪个选项？

答案：the final decision by a court in  a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except  for an “interlocutory judgment,” which is tentative until a final judgment is  made. The word “decree” is sometimes used as synonymous with  judgment.

9、Lawyers in the United Kingdom (1) generally practice as  solicitors in private firms, as legal advisers in corporations, government  departments, and advice agencies, or as barristers.  （1）处为

答案：Jurisdictions

10、They can each do (2), (3) and give  written advice, but (4), unlike (5), cannot appear in every court.  （2）处为

答案：Advocacy

11、They can each do (2) , (3) and give written  advice, but (4) , unlike (5) , cannot appear in every court.  （3）处应为

答案：draft legal documents

12、They can each do (2) , (3) and  give written advice, but (4) , unlike (5) , cannot appear in every court.  （4）处为

答案：solicitors

13、They can each do (2) , (3) and give written  advice, but (4) , unlike (5) , cannot appear in every court.  （5）处应为

答案：barristers

14、(6) mostly specialise in courtroom  advocacy and litigation. （6）处应为

答案：barristers

15、Their tasks  include taking cases in superior courts and (7) , drafting legal pleadings,  researching the philosophy, hypothesis and history of law, and giving expert  legal opinions. （7）处应为

答案：tribunal

16、A (8) is a legal  practitioner who traditionally deals with most of the legal matters in some  jurisdictions. A person must have legally-defined qualifications, which vary  from one jurisdiction to another, to be described as a solicitor and enabled to  practise there as such. （8）处应为

答案：solicitors

17、A (9) presides  over court proceedings, either alone or as a part of a panel of judges. The  powers, functions, method of appointment, discipline, and training of judges  vary widely across different jurisdictions. （9）处为

                     

答案：judge

18、The  judge is supposed to conduct the trial (10) and in an open court.  （10）处应为

答案：impartially

19、The judge (11) all the witnesses and any  other evidence presented by the barristers of the case  （11）处应为

答案：hear

20、(12) the credibility and arguments of the  parties, and then issues a ruling on the matter at hand based on his or her  interpretation of the law and his or her own personal judgment. In some  jurisdictions （12）处应为

答案：assess

21、the judge’s powers may be  shared with a (13)（13）应为

答案：3 percent

22、In (14) of criminal  investigation, a judge might also be an examining magistrate.  （14）为

答案：inquisitorial system

第3章  单元测试

1、defamation对应下列

答案：the act of making untrue statements about  another which damages his/her  reputation.

2、negligence对应

答案：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.

3、remedy对应

答案：the means to achieve justice in any matter in  which legal rights are involved.

4、tort对应

答案：from French for  “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from  which injury occurs to another.

5、tortfeasor对应

答案：n. a person who  commits a tort (civil wrong), either intentionally or through  negligence.

6、trespass 对应

答案：n. 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.

7、terminate对应

答案：To come to an end in time or  effect

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 (1)  （1）为

答案：tortfeasor

9、The (2) of the harm can recover their loss as  damages in a lawsuit. In order to prevail （2）为

答案：victim

10、the  (3) 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.  （3）为

答案：plaintiff

                     

11、Legal injuries are not limited to (4) and may  include emotional, economic, or reputational injuries as well as violations of  privacy, property, or constitutional rights.  （4）为

答案：physical

12、While many torts are the result of negligence,  tort law also recognizes (5) torts （5）为

答案：intentional

13、and in a  few cases (particularly for product liability in the United States) “ (6) “  which allows (7) without the need to demonstrate negligence.  （6）为

答案：strict liability

14、and in a few cases (particularly for  product liability in the United States) “(6)” which allows (7) without the need  to demonstrate negligence. （7）为

答案：recovery

15、Sometimes a  plaintiff may prevail in a tort case even if the person who allegedly caused  harm was (8) in an earlier criminal trial. For example, O. J. Simpson was  acquitted in criminal court of murder but later found (9) for the tort of  wrongful death. （8）为

答案：acquitted

16、Sometimes a plaintiff may  prevail in a tort case even if the person who allegedly caused harm was (8) in  an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal  court of murder but later found (9) for the tort of wrongful death.  （9）为

答案：liable

第4章 单元测试

1、merger对应

答案：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.

2、acquisition对应

答案：the  obtaining of controlling interest in a  company

3、bankruptcy对应

答案：n. the administration of an insolvent  debtor’s property by the court for the benefit of the debtor’s  creditors

4、director对应

答案：n. a member of the governing board of a  corporation or association elected or re-elected at annual meetings of the  shareholders or members.

5、dissolve对应

答案：Ending of a partnership  relationship caused by the withdrawal of one of the partners from the  relationship

6、fiduciary对应

答案：n. from the Latin fiducia, meaning  “trust,” 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.

                     

7、insolvency对应

答案：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.

8、liquidate对应

答案：To determine  the liabilities and apportion the assets of esp. in bankruptcy or  dissolution

9、takeover对应

答案：The acquisition of control or  possession (as of a corporation)

10、wind up对应

答案：To bring to an  end by taking care of unfinished business

11、Companies occupy a special  place in civil law, because they have a legal personality separate from those  who invest their capital and labour to run the business. English law recognised  long ago that a corporation would have “ (1) “.

答案：legal  personality

12、Legal personality simply means the entity is the subject  of legal rights and duties. It can sue and be sued. The general rules of  contract, tort and unjust enrichment operate in the first place against the  company as a distinct entity. Company law, or corporate law, can be broken down  into two main fields. Corporate governance in the UK mediates the rights and  duties among (2), employees,

答案：shareholders

13、(3) and directors.  Since the board of directors habitually possesses the power to manage the  business under a (4). （3）为

答案：creditors

14、(3) and directors.  Since the board of directors habitually possesses the power to manage the  business under a (4) . （4）为

答案：company constitution

15、UK law is  “shareholder friendly” in that shareholders, to the (5) of  employees,

答案：exclusion

16、typically exercise sole (6) in the  general meeting.

答案：voting rights

17、(7) must carry out their  responsibilities with competence,

答案：Directors

18、in (8) and  undivided loyalty to the enterprise.

答案：good faith

19、particularly  for minority shareholders, directors’ duties and other member rights may be (9)  in court. Of central importance in public and listed companies is the securities  market. The UK strongly protects the right of shareholders to be treated equally  and freely trade their shares.

答案：vindicated

20、Corporate finance  concerns the two money raising options for limited companies. Equity finance  involves the traditional method of issuing shares to build up a company’s  capital. Shares can contain any rights the company and purchaser wish to  contract for, but generally grant the right to participate in (10) after a  company earns profits and the right to vote in company  affairs.

                     

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