西华师范大学《法律英语》2023-2024学年第一学期期末试卷.pdf

西华师范大学法律英语西华师范大学法律英语20232023-20242024 学年第一学期期末试卷学年第一学期期末试卷 试卷说明：试卷说明：1、试卷满分 100 分，120 分钟完成试卷；2、钢笔或圆珠笔直接答在试题中（除题目有特殊规定外）；3、答卷前将密封线内的项目填写清楚。题号 一 二 三 四 五 总分 合分人 复核人 满分 100 得分 一、选择题（词汇语法）*（题量：20 题，每题 1 分，满分 20 分）1.The term tort in legal English refers to a civil wrong that results in liability.What does tort primarily mean?A.A crime punishable by imprisonment B.A breach of contract between parties C.A civil wrong causing harm or loss D.A violation of international law 2.In contract law,consideration is essential for a valid agreement.Which statement best defines consideration?A.A promise made without exchange B.Something of value exchanged between parties C.A legal requirement for witnesses D.A penalty for breach of contract 3.The phrase res ipsa loquitur is a Latin term meaning the thing speaks for itself.It is used in tort law to imply:A.Direct evidence of negligence B.Presumption of negligence based on circumstances C.Requirement for expert testimony D.Exemption from liability 4.When drafting a legal document,hereinafter means:A.After this point in the document B.Before this point in the document C.At the beginning of the document D.At the end of the document 5.In criminal law,mens rea refers to:A.The physical act of committing a crime B.The mental state or intent of the offender C.The punishment imposed by the court D.The evidence presented in court 6.The term jurisdiction in legal contexts defines:A.The authority of a court to hear a case B.The process of selecting a jury C.The appeal procedure for a verdict D.The settlement agreement between parties 7.In property law,easement grants:A.Full ownership of land 班 级 学 号 姓名 本科 密 封 线 B.Right to use anothers land for specific purposes C.Temporary lease of property D.Transfer of title through sale 8.The phrase voir dire refers to:A.The final closing arguments in a trial B.The process of questioning potential jurors C.The sentencing phase after conviction D.The appeal to a higher court 9.In international law,expropriation involves:A.Voluntary transfer of assets B.Government seizure of private property C.Diplomatic negotiation between states D.Arbitration of commercial disputes 10.The term amicus curiae means:A.A party to the lawsuit B.A friend of the court offering expert opinion C.The judges ruling on a motion D.The jurys final verdict 11.In contract law,voidable contracts are:A.Automatically invalid from the start B.Valid but can be canceled by one party C.Enforceable only if witnessed D.Subject to immediate termination 12.The Latin phrase habeas corpus translates to:A.Produce the body B.Freedom of speech C.Due process of law D.Right to counsel 13.In tort law,negligence requires:A.Intentional harm to another B.Failure to exercise reasonable care C.Breach of a written contract D.Violation of criminal statutes 14.The term statute of limitations sets:A.Maximum prison sentences B.Time limits for filing lawsuits C.Requirements for evidence admissibility D.Procedures for appeals 15.In legal writing,inter alia means:A.Among other things B.In the absence of C.According to law D.Without prejudice 16.The concept stare decisis refers to:A.The power of judicial review B.Following precedent in court decisions C.The right to a jury trial D.The process of legislation 17.In intellectual property law,patent grants:A.Exclusive rights to an invention B.Protection for artistic works C.Trademark for brand names D.Copyright for literary works 18.The phrase ex parte communication involves:A.Public court proceedings B.Communication with one party only C.Negotiation between opposing counsel D.Mediation session with a neutral party 19.In constitutional law,due process ensures:A.Fair treatment under the law B.Speedy trial rights C.Freedom of religion D.Equal protection clauses 20.The term bailment in property law describes:A.Permanent transfer of ownership B.Temporary possession of goods by another C.Sale of property with conditions D.Lease agreement for real estate*二、完形填空*（题量：10 题，每题 1 分，满分 10 分）Read the following legal passage and fill in each blank with the most appropriate word from the options provided.In contract law,an offer must be clear and definite to be enforceable.For example,if a seller offers to sell a car for$10,000,the buyer can accept or reject this offer.However,if the buyer responds with a counteroffer,such as proposing a price of$9,000,this(21)the original offer.The new offer can then be accepted or rejected by the seller.This process is known as offer and acceptance,which forms the basis of a binding contract.Additionally,the consideration exchanged must be of value,meaning each party must give something of legal worth.Without valid consideration,the contract may be(22)as unenforceable.21.A.accepts B.terminates C.modifies D.renews 22.A.deemed B.filed C.appealed D.executed（Passage continues with blanks 23-30,but for brevity,Ill provide the full passage and blanks here.In actual output,include all 10 blanks.)Full passage:In contract law,an offer must be clear and definite to be enforceable.For example,if a seller offers to sell a car for$10,000,the buyer can accept or reject this offer.However,if the buyer responds with a counteroffer,such as proposing a price of$9,000,this(21)the original offer.The new offer can then be accepted or rejected by the seller.This process is known as offer and acceptance,which forms the basis of a binding contract.Additionally,the consideration exchanged must be of value,meaning each party must give something of legal worth.Without valid consideration,the contract may be(22)as unenforceable.Furthermore,the parties must have the legal capacity to enter into the contract,and the purpose must be legal.If any element is missing,the contract could be(23)void or voidable.For instance,a contract made under duress may be(24)by the aggrieved party.In tort law,negligence requires a duty of care,breach of that duty,causation,and damages.The(25)principle of res ipsa loquitur applies when the negligence is inferred from the circumstances.In criminal law,the prosecution must prove guilt(26)beyond a reasonable doubt.The defendant has the right to remain silent and to(27)counsel.If found guilty,sentencing may include fines,probation,or imprisonment.International law governs relations between states,emphasizing sovereignty and(28)dispute resolution.The United Nations Charter promotes peaceful(29)of conflicts through diplomacy and sanctions.Finally,legal professionals must adhere to ethical standards,ensuring(30)and confidentiality in their practice.Blanks:21.A.accepts B.terminates C.modifies D.renews 22.A.deemed B.filed C.appealed D.executed 23.A.considered B.drafted C.enforced D.terminated 24.A.upheld B.challenged C.ratified D.rescinded 25.A.tort B.contract C.criminal D.evidentiary 26.A.merely B.clearly C.conclusively D.beyond 27.A.seek B.waive C.appoint D.represent 28.A.mandatory B.voluntary C.judicial D.legislative 29.A.escalation B.resolution C.avoidance D.initiation 30.A.integrity B.bias C.negligence D.disclosure*三、阅读理解*（题量：4 篇，每篇 5 分，满分 20 分）Read each passage carefully and answer the questions that follow.Each passage is followed by 2-3 questions,worth a total of 5 points per passage.*Passage 1*(5 points)The doctrine of strict liability in tort law holds a defendant liable for harm caused by their activities,regardless of fault.This is often applied in cases involving inherently dangerous activities,such as keeping wild animals or using explosives.For example,if a zoos tiger escapes and injures a visitor,the zoo may be held strictly liable,even if it took all reasonable precautions.The rationale is that the activity poses a high risk to society,and the defendant should bear the costs of any resulting harm.Questions:1.What is the main characteristic of strict liability?(2 points)A.It requires proof of negligence.B.It applies only in criminal cases.C.It imposes liability without fault.D.It is limited to contract disputes.2.Why is strict liability often used for dangerous activities?(3 points)Answer:Strict liability is used because dangerous activities pose a high risk to society,and the defendant should bear the costs of harm to ensure accountability,even if no negligence is proven.*Passage 2*(5 points)In contract law,frustration of purpose occurs when an unforeseen event undermines the fundamental reason for entering a contract,making performance pointless.For instance,if a concert venue is destroyed by fire before a scheduled performance,the contract between the artist and venue owner may be discharged.The key element is that the event was not caused by either party and was not foreseeable at the time of contracting.Courts may grant relief to avoid unfairness.Questions:1.What must be true for frustration of purpose to apply?(2 points)A.The event must be caused by one party.B.The event must have been foreseeable.C.The event must make performance impossible.D.The event must be intentional.2.How does frustration of purpose differ from impossibility of performance?(3 points)Answer:Frustration of purpose occurs when performance is still possible but pointless due to an unforeseen event,while impossibility of performance means performance is physically or legally impossible.*Passage 3*(5 points)The principle of stare decisis ensures that courts follow precedents set by higher courts in similar cases.This promotes consistency and predictability in the law.For example,if a Supreme Court ruling establishes that a certain action constitutes negligence,lower courts must apply this ruling in future cases with similar facts.However,precedents can be overruled if new evidence or societal changes warrant it,but this is rare and requires careful judicial consideration.Questions:1.What is the primary purpose of stare decisis?(2 points)A.To allow courts to create new laws.B.To ensure uniformity in legal decisions.C.To limit the power of higher courts.D.To expedite the appeals process.2.Under what circumstances can a precedent be overruled?(3 points)Answer:A precedent can be overruled if new evidence emerges,societal changes occur,or if the original decision is deemed unjust,but this requires judicial discretion and is uncommon.*Passage 4*(5 points)In international law,diplomatic immunity protects diplomats from legal prosecution in the host country.This immunity ensures that diplomats can perform their duties without fear of harassment or interference.For example,an ambassador accused of a crime in a foreign country cannot be arrested or tried locally;instead,they are typically recalled to their home country for resolution.This principle is codified in the Vienna Convention on Diplomatic Relations and is essential for maintaining peaceful international relations.Questions:1.What is the main benefit of diplomatic immunity?(2 points)A.It allows diplomats to commit crimes without consequence.B.It ensures diplomats can work freely without legal threats.C.It grants diplomats immunity from all taxes.D.It permits diplomats to override local laws.2.How is diplomatic immunity typically enforced in practice?(3 points)Answer:Diplomatic immunity is enforced by recalling the diplomat to their home country for any legal proceedings,as host countries cannot prosecute them locally under international agreements like the Vienna Convention.*四、翻译*（题量：2 题，每题 10 分，满分 20 分）1.英译中：Translate the following English legal passage into Chinese.(10 points)In tort law,the principle of res ipsa loquitur allows a plaintiff to establish negligence based on the circumstances alone,without direct evidence of the defendants fault.For example,if a surgeon leaves a surgical instrument inside a patients body during an operation,it can be inferred that the surgeon was negligent,as such an event does not ordinarily occur without negligence.答案：在侵权法中，res ipsa loquitur原则允许原告仅凭 circumstances（情况）确立过失，而无需直接证明被告的过错。例如，如果外科医生在手术中将手术器械遗留在患者体内，可以推断外科医生存在过失，因为此类事件通常只有在过失的情况下才会发生。2.中译英：Translate the following Chinese legal passage into English.(10 points)合同法中，要约是一方向另一方提出的订立合同的明确表示，承诺是接受要约的意思表示。承诺一旦生效，合同即告成立。答案：In contract law,an offer is a clear expression made by one party to propose entering into a contract,while acceptance is the expression of willingness to accept the offer.Once acceptance becomes effective,the contract is formed.*五、写作*（题量：1 题，满分 30 分）Write a legal memorandum analyzing the following case scenario.Your response should include an introduction,analysis of relevant legal principles,application to the facts,and a conclusion.Use proper legal terminology and cite at least two relevant legal concepts.(30 points)Case Scenario:John,a property owner,entered into a contract with Builder Co.to construct a fence around his backyard.The contract specified that the fence must be six feet high and made of wood.During construction,Builder Co.used metal posts instead of wood,without informing John.After completion,John discovered the substitution and demanded that Builder Co.replace the metal posts with wooden ones.Builder Co.refused,arguing that the fence still met the height requirement and was functional.John is considering legal action to enforce the contract.要求：分析 Builder Co.的行为是否构成违约，并基于合同法原则提出解决方案。需结合严格履行和实质性履行概念，逻辑清晰，语言规范。答案：Introduction:This memorandum analyzes whether Builder Co.s actions constitute a breach of contract under the principles of contract law.Analysis:Under contract law,strict performance requires parties to fulfill contractual terms exactly,while substantial performance allows minor deviations if the core purpose is achieved.Here,Builder Co.substituted metal posts for wood without consent,violating the material term of the contract.The substitution affects the fences material,which was a key specification,and may impact durability and aesthetics.Thus,strict performance is not met,and substantial performance does not apply because the deviation is material.Application:John can demand specific performance to replace the metal posts with wooden ones,as the contracts terms were breached.Alternatively,John may seek damages if replacement is impractical.Conclusion:Builder Co.is liable for breach of contract,and John should pursue legal action to enforce the contract terms.