法律英语证书(LEC)全国统一考试样题试卷一
法律英语证书（LEC）全国统一考试样题
试卷一
本题为单项选择题，限时180分钟。
1.Bill of Rights
a.Domestic federal legislation.
b.Legal protection against interference of rights by private individuals.
c.A popular name given to the first ten amendments to the U.S.Constitution.
d.The federal constitutional provision which grants rights to state governments.
2.Standing
a.Abbreviation of“notwithstanding”
b.The ability to bring a lawsuit because of a party’s actual injury for which the court can provide a
remedy.
c.The ripeness of a case or controversy.
d.The status of a person,group,or organization appearing as a“friend of the court.”
3.Consideration
a.Process of judicial deliberation before rendering a decision in a contested case.
b.The lengthy recitals of“boilerplate”language appearing in many contracts.
c.The inducement to enter a contract,and a necessary element to prove the validity of a contract.
d.The detrimental reliance of an offere
e.
4.Promissory Estoppel
a.A failure to prosecute a civil or criminal action.
b.Power to make an offer to the public rather than a specific individual.
c.Equitable doctrine recognized as substitute for consideration in some cases.
d.Ability of an agent to bind a principal in matters beyond the scope pf agency.
5.Punitive Damages
a.Damages to compensate for injury.
b.Civil damages meant to punish the wrongdoer for causing injury.
c.“Nominal”or minimal damages.
d.Non-monetary damages,such as an injunction(injunctive relief)or”specific injunction(injunctive relief)or“specific performance”of a contract obligation.
6.When airplanes fly over your home,are your property rights violated?
a.No,never.
b.Normally,no,unless the flights are low and frequent.
c.Yes,because you own all the air above your home,into outer space.
d.Normally,no,based on your right to quiet use and enjoyment of the property.
7.Venue
a.The street or avenue where a courthouse can often be found.
b.Diversity of citizenship.
c.The dates of a trial.
d.The location of a trial.
8.Deposition
a.A tool of discovery used before trial.
b.Statements made by a witness on the witness stand during trial(also known as“trial testimony”).
c.The position a defendant is placed in while waiting for a trial.
d.The court’s resolution of a cas
e.
9.Generally speaking,a limited partnership may be dissolved by which of the following events or occurrences?
a.By the filing of a certificate of limited partnership.
b.By a relocation of the partnership.
c.By the marriage of a limited partner.
d.By the bankruptcy of a general partner.
10.A corporation is a legal entity:
a.created by the local government.
b.created and recognized by an entrepreneurial agency.
c.managed internally by the federal government.
d.created and recognized by state law in most cases.
11.Jurisdiction
a.A geographic area,used primarily for determining eligibility to vote.
b.The presence of a defendant in a state where he or she can be served with a summons or a subpoena.
c.The power of the executive branch to enforce the judgments of the courts.
d.The power and authority of a court or other body to render judgment in a cas
e.
12.Paralegal
a.A secondary source of law.
b.A lawyer’s assistant.
c.One who holds an advanced law degree.
d.A law student.
13.Kirby Construction Co.in preparing its bid for the construction a new hospital received a quotation of$120,000from Kat’s Interiors Inc．who offered to do the kitchen work in the new hospital．This bid was$30，000lower than Kirby’s next lowest bid for the kitchen work．As a result，Kirby lowered his bid by$20，000before submitting it to the hospital board．After Kirby was awarded the construction bid，and had accepted Kat's offer,Kat’s president discovered that in his preparation of the quotation he had overlooked some subsidiary kitchen installments required by the plans．
Immediately thereafter,Kat’s Interiors brings suit for rescission of the contract．They should
(A)succeed，because of the unilateral mistake
(B)not succeed，unless Kirby knew or should have known of Kat's error
(C)succeed，because the mistake was an essential element of the bargain
(D)not succeed，since the computation mistake was antecedent to acceptance of the bid
14.In disputes over whether a partnership exists,which of the following is NOT considered to be an essential element?
(A)An equal right in the management of the business.
(B)The sharing of profits or losses.
(C)The consultation on business strategy.
(D)Joint ownership in the business.
15.This jurisdiction makes suicide a crime.Jilly,a day trader,is despondent over a failed marriage and catastrophic financial losses during the recent2,000point drop in the Nasdaq stock exchange.Jilly went up to the roof of her fourth story apartment building and decided to jump off.She landed on top of two pedestrians,Alex and Jean Pietro,who cushioned her fall and saved her life.Unfortunately,Alex and Jean Pietro were seriously injured when Jilly crashed on top of them.
Jilly is guilty of
(A)battery
(B)attempted murder
(C)attempted manslaughter
(D)reckless endangerment
16.The Commonwealth of Delmarva has passed a law that provides that only residents of Delmarva who are citizens of the United States can own agricultural land in the state.Delp,a citizen of the United States who resides in the neighboring state of Agoura,has contracted with Barerra to purchase the latter’s farm which is located in Delmarva.Barrera,who is a resident of Delmarva,has been informed by his attorney that his sales agreement with Delp is null and void under state law.
Which of the following is the best constitutional argument to contest the validity of the Delmarva statute?
(A)The Contract Clause prohibition against a state from enacting any law that will impair the obligation of contracts.
(B)The Privileges and Immunities Clause of the Fourteenth Amendment.
(C)The Privileges and Immunities Clause under Article IV,Section2.
(D)The national property power provision under Article IV,Section3.
17.Alice is sitting on her front porch watching her husband Bruce，who is mowing the lawn．Carl，who hates Bruce but is a friend of Alice’s，whose presence is known
to him，draws a pistol and threatens to kill Bruce．Alice，who is pregnant，Suffers severe emotional distress as a result of the trauma and soon afterwards has a miscarriage．
In an action by Alice against Carl for mental anguish resulting in her miscarriage，Alice will
(A)lose，because Carl did not know that Alice was pregnant
(B)win，because it is highly probable that Carl’s extreme and outrageous conduct would cause emotional distress to Alice
(C)lose，because Carl's actions were directed against Bruce，so only Bruce may recover for emotional distress
(D)win，because she is Bruce's wife
18.Clyde Cooch,a prominent judge,lived next door to Lester Biggs．Recently Judge Cooch had sentenced Lester Biggs'son,Dopey,to six months in prison on a narcotics charge．One afternoon while judge Cooch was mowing his lawn，Lester decided to avenge his son's conviction．Lester set up his water sprinkler behind some shrubbery separating their adjoining properties．As the judge was mowing his lawn and came within reach of the water sprinkler,Lester turned on the sprinkling device，and doused the judge with water．
Judge Cooch would be able to recover against Lester for which of the following
tort(s)：
(A)negligence
(B)battery
(C)assault and battery
(D)battery and trespass
19.Cassie and her four-year-old son，Noah，were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manhattan．F.A.O.Schwartz，which operates one of
New York's largest retail toy stores，sells a complete array of toys，games，dolls，hobbies and crafts．The iterns were displayed on a variety of tables and shelves which were easily accessible to the customers．While Cassie was walking down one of the aisles，her attention became focused on a"Howdy Doody”doll that was prominently exhibited on an overhead display shelf．When Cassie approached the doll display,she reached up to grab the"Howdy Doody"doll．As she did so,Cassie failed to see a “Buffalo Bob”doll lying on the floor．She tripped over the doll and fell down, fracturing her hip．
If Cassie asserts a claim against F.A.O.Schwartz for her injuries，will the doctrine of res ipsa loquitur be applicable on the issue of the toy store's liability?
(A)Yes，because Cassie was a business invitee on the premises of the toy store．
(B)Yes，because F.A.O.Schwarfz was in control of the premises at the time of the accident．
(C)No,because the"Buffalo Bob"doll may have been dislodged by another customer．
(D)No，unless the“Buffalo Bob”doll had been displayed on the edge of the shelf in a negligent manner by one of F.A.O.Schwartz's employees．
20.Amos is the owner in fee simple of Blackacre.a7-acre tract,on which he maintains a dwelling house for himself and his family．Adjoining Blackacre is Whiteacre，a10-acre tract，owned by Andy．In order to gain access to the highway, Amos has an easement to cross over Whiteacre．
Amos has recently purchased Greenacre，a12-acre tract，which abuts Whiteacre but is not appurtenant to Blackacre.Amos has begun constructing a farmhouse on Greenacre and is using the existing easement(across Whiteacre)to gain access to the 12-acre tract．Amos has never received permission from Andy to use the road across Whiteacre to gain access to Greenacre．
In an appropriate action by Andy to enjoin Amos from using the existing easement to gain access to Greenacre，the plaintiff will most likely
(A)succeed，because Amos is making use of the servient tenement beyond the scope and extent of the easement as it was originally created
(B)succeed，because Amos has no right to use the servient tenement in connection with a tract of land which is not part of the dominant tenement
(C)not succeed，because Amos has an easement by necessity
(D)not succeed，because Amos has a right to use the easement in a manner not inconsistent with the rights of the owner of the servient tenement
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韩山师范学院2009年专升本插班生考试试卷 英语/英语（商贸英语）专业基础英语样卷 （请将答案写在答题卡） Ⅰ. Match each word with its definition: 10% Words: Definitions: 1) councilor 2) arrogant 3) fidget 4) impostor 5) intervene 6) dissipation 7) obscene 8) frailty 9) murmur 10) dingy 11) formidable 12) anguish 13) moribund 14) staunch 15) coma 16) commotion 17) restrain 18) egotism 19) distinctive 20) lust a)pleasurable but dangerous living b)morally disgusting; likely to corrupt c)person who pretends to be somebody he is not d)member of a group of people chosen to make laws, rules or decision for a country e)take action in order to prevent something from happening f)m ove about restlessly g)full of pride and self-importance h)dirty-looking; not fresh or cheerful i)at the point of death j)hold back from doing something k)clearly marking a person or thing as different from others l)a state of long unnatural deep unconsciousness caused by disease, poisoning, a severe blow and so on m)a weakness of character or behavior n)great physical and mental suffering o)speak in a low but not clear voice p)great or noisy confusion or excitement q)very strong, obsessive desire r)d ependably loyal and firm s)s elf-importance and self-conceit t)difficult to defeat Ⅱ. Fill in each blank with the derivative of the words in parentheses. 10% 1)They set up an ____ committee to advise workers on how to cut down on their expense. ( influent) 2)I want to know who has anything to say in ___.(oppose) 3)You could ____ on food by not going out to eat at the restaurants all the time. (economically) 4)After the hard work, his face _____ with sweat. (glisten) 5)The document was signed in the ____ of two witnesses. (present) 6)Many quarrels between friends are _____ at the time, but incredible afterwards. (evitable) 7)We stood in awe of the ____ of the mosque. (sacred) 8)Good news came in _____ from the battlefield. ( succeed) 9)We are engaged in a work which is ____ of time and energy. ( consume)
法律英语试题答案
1调卷令certiorari 2遵循先例：stare decisis 3法系legal family 4大陆法civil law 管辖权jurisdiction 地区法院District court 巡回法院circuit court 治安法庭Justice court 社会主义法socialist law 众议院House of representative 行使exercise 1司法审查judicial review 起诉资格standing 事实上的损害injury in fact 行政协定executive decision共同决议common decision 分权separation of powers 制衡checks and balances 成熟原则ripeness 招标bids 宪法constitution 1刑法criminal law 轻微违法misdemeanor 报税单bill of entry 主观上的过错mental fault 非预谋杀人manslaughter 抢劫robbery 加重的aggravate 绑架kidnapping 盗劫larceny 伪证罪perjury 1the county is the subdivision 2the doctrine ---the maxim 3the federal entity4the enforcement of a claim5statutes or codes 6tradition custom,and precedent 7commom people ,versus legislation 8stare decisis , Latin9legal relationships /legal concept 10judicial branch /judicial dictatorships 1in the precess of a court ascertaining2than to statutory interpretation 3dose not have the ''prolixity"/dose not provide a ready solution 4congress though its "power of the purse" /power as commander -in- chief 5c hecks and balances provided for in the constitution 6and effects against unreasonable searches and seizures 7has no standing to challenge 8the policy of elimination of racial discrimination In places of accommodation/and ending the badges of servitude 1it is punishable by sanctions 2Most crimes or identified in statutes 3punished through imposition penalities 4violation of a misdemeanor 5which were committed before that /enactment of the law 6grand a criminal prosecution7as well as its substantive law 8crimes classified as felonies include murder9 authorized federal jurisdiction 10one can be held criminally liable 1 it is to tell the defendant that 2In US jurisprudence, however 3the right to trial by grand jury/protection against government tyranny 4 The prosecution at trial has the duty 5against arbitrary imposition of the capital punishment 6in an entirely different punishment/prosecution and conviction 7 privilege against self-incrimination8a common assumption abou t the nature of criminality 9"unreasonable" government searches and seizures is stated 10criminal procedure is "adversarial" 1 single issue of law 2dismissed or a defense was lost 3state a claim generally 4adequately represent the interests 5"fairness hearing" 6(the "plaintiff")to file suit in 7violatio n criminal law 8applying substantive law to real disputes 9 on part is entitled to judgment 10common law remedy/ equitable remedies
英语 样题1
云南师范大学文理学院 2009–2010学年度下学期 《大学英语2》试卷 （样卷） The Sample Paper for College English Course II 构成概要： Listening Comprehension 20% V ocabulary and Structure 25% Reading Comprehension 30% Cloze 10% Writing 15% I.Listening Comprehension 20% 略 II.V ocabulary and Structure 25% Section A Directions: In this section, there are 40 incomplete sentences. You are required to complete each one by choosing the appropriate answer from the 4 choices marked A), B), C) and D) given in your test paper. Then you should write the corresponding letter on the Answer Sheet. (0.5×40=20 points) 1. Jim was caught drugs into the country. A. steal B. smuggling C. smug D. giggling 2. The firm will the workers their loss of job. A. compact; with B. conflict; with C. compensate; for D. fight; for 3. David sent his girlfriend a ring by his grandmother for all her life. A. have kept B. kept C. has kept D. has been kept 4. from the top of the mountain, the building looks like a bird nest. A. Viewed B. Viewing C. Been viewed D. Being viewed
目前国内三大法律英语考试证书的简介与区分
目前国内三大法律英语考试证书的简介与区分 严重声明：本站所有文章由上海优尔法律信息咨询有限公司拥有完整著作权，禁止非经授权的任何个人或组织基于经营性目的，对文章进行任意更改或转载；另外，用于非经营性目的个人或组织进行转载请注明文章出处，否则本公司保留对上述侵犯网络传播权的行为追究法律责任的权利。 一、三大法律英语考试的简介 ◆TOLES： TOLES(律思)，全称“TestofLegalEnglishSkills”，也就是TOLES法律英语水平考试。TOLES考试是世界上第一个国际法律英语水平考试，是由世界知名的英语培训专家（TheLondonschoolofEnglish&Communicaid）和法律领域资深的专家（CambridgeLawStudio）共同合作开发的，并与多家律师事务所和法律机构定期进行磋商，对TOLES考试进行修订，使其适应当前法律行业的变化。该考试的目的是以法律英语这门技术语言为媒介，来核查考生对英美法民商事部门法知识的掌握，从而满足律师事务所、公司、法律机构、律师和法律系学生测评个人法律英语水平的需要。TOLES作为国际权威的法律英语水平考试，自2001年起至今，以其法律英语语言运用能力测试的精准度多年来赢得众多顶级世界知名律所的信赖和认可。2008年TOLES被首次引入中国，从而受到众多法律英语爱好者和法律工作求职者的关注。TOLES考试包括三个等级：TOLESAdvanced（固定日期费用2000RMB/人，任意日期费用2800RMB/人）;TOLESHigher（费用1700RMB/人）;TOLESFoundation（费用1400RMB/人）。考生应该根据自身的英语水平和法律知识水平选择相应的考试，而不一定要三个等级考试全都参加。TOLES考试每年3月、6月、和11月举行3次，其中，报考TOLESAdvanced的考生可以在增加费用的前提下指定任意日期考试。TOLES考试指定教材5本，推荐参考教材12本，不指定培训机构和教材购买地点。 ◆ILEC： ILEC全称InternationalLegalEnglishCertificate，也就是剑桥法律英语国际证书。于2006年5月作为又一项崭新的法律英语证书考试正式向全球推广。2008年5月ILEC也在中国进行了首场考试。ILEC是由剑桥大学考试委员会ESOL （EnglishforSpeakersofOtherLanguages）考试部与欧洲主要的律师语言学家协会（Translegal）共同研发的一种职业英语证书。据最新消息，ILEC自2010年1月起，每月组织一次考试，这也意味着ILEC的考生每月都有机会参加考试。目前，在中国境内，ESOL仅委托北外网院作为报名代理机构。ILEC作为ESOL于2008年推出的又一项崭新的职业认证证书目前已被欧洲公司律师公会、欧洲法律专业学生协会、国际青年律师公会及欧洲青年律师公会认可。ILEC考察证书申请人在法律领域运用英语的能力，分为听力（40分钟）、阅读（75分钟）、写作（75分钟）和口语（16分钟）四个部分。语言等级相当于雅思（IELTS）5.0-7.0分。成绩分为三个及格等级和两个不及格等级。考试报名费用为1200RMB/每人。ILEC考试指定教材2本，推荐参考教材5本,不指定培训机构和教材购买地点。 ◆LEC： LEC全称LegalEnglishCertificate，也就是法律英语证书。于2008年5月作为国内相关领域的全国统一考试正式推出。LEC 又可被称之为中国的法律英语证书考试。LEC是由全国统一考试委员会依托中国政法大学和北京外国语大学具体组织考试工作，旨在为从事涉外业务的企业、律师事务所提供招募国际性人才的客观标准，同时督促国内法律从业人员提高专业英语水平。法律英语证书考试每年举行两次，分别在5月份和12月份的最后一个周六举行，目前已在北京、上海、广州等城市设主考点，法律英语证书（LEC）由全国统一考试委员会全面负责组考工作。考试不受年龄、性别、职业、地区、学历等限制，持本人有效身份证件即可报名参加考试。考试费用为880元/每人。LEC考试指定教材6本，不指定培训机构和教材购买地点。 二、三大法律英语考试的区分 ◆历经时间：TOLES（2001年---至今） ILEC（2006年---至今）