私法英语表达2023章节测试答案-私法英语表达超星尔雅答案.docx

1、私法英语表达2023章节测试答案_私法英语表达超星尔雅答案1.5Content Questions1、【单选题】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 lawB、common lawC、economic lawD、penal law我的答案：A2、【单选题】( ) are systems of

2、law whose sources are the decision in cases by judges.A、civil lawB、common lawC、economic lawD、penal law我的答案：B3、【单选题】Alongside, every system will have a ( ) that passes new laws and statute.A、administrationB、law enforcement agencyC、legislatureD、court我的答案：C4、【单选题】The phrase ( ) means law that prescribe

3、s the procedures and methods for enforcing rights and duties and for obtaining redress.A、procedural lawB、civil lawC、common lawD、substantive law我的答案：A5、【单选题】The word ( ) means to institute and carry forward legal action against for redress or especially punishment of a crime.A、legislatureB、prosecuteC

4、、precedentD、code我的答案：B6、【单选题】The word ( ) means a judicial decision that should be followed by a judge when deciding a later similar case.A、prosecuteB、provisionC、precedentD、statute我的答案：C7、【单选题】The phrase ( ) means law that creates or defines rights, duties, obligations, and causes of action that can

5、 be enforced by law.A、procedural lawB、civil lawC、common lawD、substantive law我的答案：D8、【单选题】The word ( ) means a body of persons having the power to legislate.A、precedentB、provisionC、legislatureD、statute我的答案：C9、【单选题】The word ( ) means a stipulation made as a clause in a statute or contract made beforeh

6、and.A、provisionB、codeC、prosecuteD、legislature我的答案：A10、【单选题】The word ( ) means a systematic compilation or revision of law or legal principles that is arranged especially by subject .A、legislatureB、prosecuteC、statuteD、code我的答案：D11、【单选题】The word ( ) means a law enacted by the legislative branch of a g

7、overnment.A、prosecuteB、precedentC、statuteD、code我的答案：C2.3Content Questions1、【单选题】The word ( ) means a person authorized to act on anothers behalf; especially lawyer.A、advocacyB、plaintiffC、attorneyD、defendant我的答案：C2、【单选题】The phrase ( ) means a body of laws and legal concepts which come down from old R

8、oman laws established by Emperor Justinian.A、civil lawB、common lawC、economic lawD、penal law我的答案：A3、【单选题】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.

9、A、draftB、advocacyC、plaintiffD、defendant我的答案：C4、【单选题】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、attorneyB、allegationC、plaintiffD、defendant我的答案：D5、【单

10、选题】The word ( ) means to prepare and sign a bill of exchange or check.A、plaintiffB、defendantC、allegationD、draft我的答案：D6、【单选题】The word ( ) means the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower courts judgment.A、judgmentB、advocacyC、draftD、defendant我的答案：A7、【单选题】Th

11、e word ( ) means statement in a pleading.A、defendantB、allegationC、plaintiffD、advocacy我的答案：B8、【单选题】The word ( ) means the profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal.A、allegationB、advocacyC、attorneyD、draft我的答案：B9、【单选题】Lawyers in the Uni

12、ted Kingdom ( ) generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers.A、juryB、tribunalC、inquisitorial systemD、jurisdictions我的答案：D10、【单选题】( ) mostly specialise in courtroom advocacy and litigation.A、lawyersB

13、、solicitorsC、barristersD、judge我的答案：C11、【单选题】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、juryB、tribunalC、inquisitorial systemD、jurisdictions我的答案：B12、【单选题】A ( )

14、 is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.A、lawyersB、solicitorsC、barristersD、judge我的答案：B13、【单选题】A ( ) presides over court proceedings, either alone or as a part of a panel of judges.A、lawyersB、solicitorsC、barristersD、judge我的答案：D14、【单选题】In s

15、ome jurisdictions, the judges powers may be shared with a ( ).A、lawyersB、solicitorsC、barristersD、jury我的答案：D15、【单选题】In ( ) of criminal investigation, a judge might also be an examining magistrate.A、religious systemB、pluralistic systemsC、inquisitorial systemD、justice system我的答案：C3.5Content Questions1、

16、【单选题】The word ( ) means from French for wrong, a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.A、tortB、terminateC、remedyD、defamation我的答案：A2、【单选题】The word ( ) means failure to exercise the care toward others which a reasonable or prudent person wo

17、uld do in the circumstances, or taking action which such a reasonable person would not.A、defamationB、tortfeasorC、terminateD、negligence我的答案：D3、【单选题】The word ( ) means the means to achieve justice in any matter in which legal rights are involved.A、terminateB、tortC、remedyD、defamation我的答案：C4、【单选题】The wo

18、rd ( ) means the act of making untrue statements about another which damages his/her reputation.A、defamationB、tortfeasorC、trespassD、terminate我的答案：A5、【单选题】The word ( ) means to come to an end in time or effect .A、trespassB、tortfeasorC、defamationD、terminate我的答案：D6、【单选题】The word ( ) means a person who

19、commits a tort (civil wrong), either intentionally or through negligence.A、remedyB、terminateC、tortfeasorD、defamation我的答案：C7、【单选题】The word ( ) means entering another persons property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector)

20、and causing any damage, no matter how slight.A、defamationB、trespassC、tortD、negligence我的答案：B8、【单选题】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、li

21、ableB、plaintiffC、intentionalD、tortfeasor我的答案：D9、【单选题】The ( ) of the harm can recover their loss as damages in a lawsuit.A、victimB、injuriesC、liableD、acquitted我的答案：A10、【单选题】In order to prevail, the ( ) in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of act

22、ion was the legally recognizable cause of the harm.A、acquittedB、plaintiffC、tortfeasorD、physical我的答案：B11、【单选题】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、plaintiffB、acquitted

23、C、physicalD、liable我的答案：C12、【单选题】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 w

24、ithout the need to demonstrate negligence.A、plaintiffB、recoveryC、intentionalD、acquitted我的答案：C13、【单选题】Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was ( ) in an earlier criminal trial.A、injuriesB、tortfeasorC、plaintiffD、acquitted我的答案：D14、【单选题】For exampl

25、e, O. J. Simpson was acquitted in criminal court of murder but later found ( ) for the tort of wrongful death.A、liableB、liableC、recoveryD、physical我的答案：A4.11Content Questions1、【单选题】The word ( ) means a person (or a business like a bank or stock brokerage) who has the power and obligation to act for a

26、nother (often called the beneficiary) under circumstances which require total trust, good faith and honesty.A、fiduciaryB、bankruptcyC、directorD、insolvency我的答案：A2、【单选题】The word ( ) means ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship.A、cquisi

27、tionB、dissolveC、fiduciaryD、acquitted我的答案：B3、【单选题】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、fiduciaryB、liableC、directorD、insolvency我的答案：C4、【单选题】The word ( ) means the condition of having

28、 more debts (liabilities) than total assets which might be available to pay them, even if the assets were mortgaged or sold.A、plaintiffB、directorC、insolvencyD、injuries我的答案：C5、【单选题】The word ( ) means to determine the liabilities and apportion the assets of especially in bankruptcy or dissolution.A、cq

29、uisitionB、takeoverC、mergerD、liquidate我的答案：D6、【单选题】The word ( ) means the acquisition of control or possession (as of a corporation).A、cquisitionB、takeoverC、liquidateD、merger我的答案：B7、【单选题】The phrase ( ) means to bring to an end by taking care of unfinished business .A、pluralistic systemsB、common lawC、

30、wind upD、take over我的答案：C8、【单选题】The word ( ) means the administration of an insolvent debtors property by the court for the benefit of the debtors creditors.A、insolvencyB、liquidateC、fiduciaryD、bankruptcy我的答案：D9、【单选题】The word ( ) means the joining together of two corporations in which one corporation

31、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、mergerB、directorC、cquisitionD、takeover我的答案：A10、【单选题】The word ( ) means the obtaining of contro

32、lling interest in a company.A、directorB、acquisitionC、mergerD、bankruptcy我的答案：B11、【单选题】English law recognised long ago that a corporation would have ( ).A、voting rightsB、common lawC、legal personalityD、religious system我的答案：C12、【单选题】Corporate governance in the UK mediates the rights and duties among ( )

33、, employees, creditors and directors.A、shareholdersB、tortfeasorC、plaintiffD、victim我的答案：A13、【单选题】Since the board of directors habitually possesses the power to manage the business under a ( ).A、pluralistic systemsB、legal personalityC、religious systemD、company constitution我的答案：D14、【单选题】UK law is share

34、holder friendly in that shareholders, to the exclusion of employees, typically exercise sole ( ) in the general meeting.A、pluralistic systemsB、voting rightsC、religious systemD、company constitution我的答案：B15、【单选题】Directors must carry out their responsibilities with competence, in ( ) and undivided loya

35、lty to the enterprise.A、common lawB、voting rightsC、good faithD、wind up我的答案：C16、【单选题】If the mechanisms of voting do not prove enough, particularly for minority shareholders, directors duties and other member rights may be ( ) in court.A、vindicatedB、plaintiffC、takeoverD、insolvency我的答案：A17、【单选题】Shares

36、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、dividendsB、tortC、provisionD、prosecute我的答案：A5.7Content Questions1、【单选题】The word ( ) means in bankruptcy,

37、to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.A、cquisitionB、dischargeC、enforceableD、intention我的答案：B2、【单选题】The word ( ) means to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed.A、re

38、coveryB、voidC、intentionD、revoke我的答案：D3、【单选题】The word ( ) means referring to a statute, contract, ruling or anything which is null and of no effect.A、duressB、fiduciaryC、prosecuteD、void我的答案：D4、【单选题】The word ( ) means purpose or goal.A、intentionB、fiduciaryC、directorD、victim我的答案：A5、【单选题】The word ( ) mea

39、ns to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.A、provisionB、dischargeC、consentD、void我的答案：C6、【单选题】The word ( ) means being able to perform any gainful employment.A、voidB、consentC、capacityD、shareholders我的答案：C7、【单选题】The word ( ) means the ac

40、t of failing to perform ones agreement, breaking ones word, or otherwise actively violating ones duty to other.A、breachB、bindingC、considerationD、mistake我的答案：A8、【单选题】The word ( ) means a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceabl

41、e contract. An offer and acceptance of the offer creates the contract.A、dissolveB、offerC、intentionD、liquidate我的答案：B9、【单选题】The word ( ) means imposing a legal obligation.A、voidB、bindingC、consentD、acceptance我的答案：B10、【单选题】The word ( ) means receiving something from another with the intent to keep it, a

42、nd showing that this was based on a previous agreement.A、acceptanceB、considerationC、intentionD、enforceable我的答案：A11、【单选题】A contract is a voluntary arrangement between two or more parties that is ( ) at law as a binding legal agreement.A、misrepresentationB、takeoverC、mistakeD、enforceable我的答案：D12、【单选题】F

43、ormation of a contract generally requires an ( ), offer, acceptance and a mutual intent to be bound.A、terminateB、considerationC、prosecuteD、plaintiff我的答案：B13、【单选题】Minors, intoxicated persons, and those under a mental affliction may have insufficient ( ) to enter a contract.A、capacityB、bankruptcyC、mis

44、takeD、acquitted我的答案：A14、【单选题】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、dissolveB、enforceableC、misrepresentationD、considera

45、tion我的答案：C15、【单选题】A ( ) is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement.A、mistakeB、duressC、consentD、terminate我的答案：A16、【单选题】( ) has been defined as a threat of harm made to compel a person to do something against his or her wil

46、l 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、provisionB、considerationC、duressD、binding我的答案：C6.7Content Questions1、【单选题】Intellectual property (IP) refers to creations of the intellect for which a ( ) is assigned to designated owners by law.A、monopolyB、consentC、duressD、trademark我的答案：A2、【单选题】Intellectual property rights (IPRs) are the protections ( ) to the creator