法律英语证书(LEC)全国统一考试样题法律英语证书(LEC).doc

法律英语证书（LEC）全国统一考试样题
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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 offeree.

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 case.

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 case.

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 $120,000 from Kat’s Interiors Inc．who offered to do the kitchen work in the new hospital．This bid was $30，000 lower than Kirby’s next lowest bid for the kitchen work．As a result，Kirby lowered his bid by $20，000 before 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 recent 2,000 point 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, Section 2.
(D) The national property power provision under Article IV, Section 3.

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 fouryear-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. a 7-acre tract, on which he maintains a dwelling house for himself and his family．Adjoining Blackacre is Whiteacre，a 10-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，a 12-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

试卷二

本题包括翻译、写作两部分，共限时180分钟
1 Translation
(1)Please translate the following paragraph into English

根据中国银监会的资料，截至2004年12月31日，中国境内共有12家持有全国性银行执照的股份制商业银行。截至同一日期，就总资产规模而言，本银行是这些银行中最大的。一般而言，股份制商业银行的股东架构各不相同，包括（但不限于）当地政府实体及国有企业。这些股份制商业银行大多数是在八十年代后期和九十年代初期组建，整体市场份额逐年增加，而四大银行的市场份额逐年下降。根据中国银监会的资料，截至2004年12月31日，这些银行占中国金融机构总资产约14.9%。

(2) Please translate the following paragraph into Chinese

2-202. Final Written Expression: Parol or Extrinsic Evidence.
Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented

(a) by course of dealing or usage of trade (Section 1-205) or by course of performance (Section 2-208); and
(b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement .

2 Writing
Suppose you were Marie Lin, a lawyer of SHICHENG LAW FIRM, you have known that Max Chen wants to retain a legal consulting firm from a friend. Now, please write a letter to Max Chen, persuade him to choose your law firm. You also send him your firm brochure.

Max Chen’s address: ABC corporation, Cyber Tower, Suite 119, Haidian, Beijing, China.

Please pay more attention to format of your letter.
考试大纲

考试分试卷一和试卷二，各需三个小时完成。试卷一为选择题。试卷二是主观题，包括案件阅读、翻译和法 务写作三项。

现将试卷结构列出以供参考：

试卷（一）， 客观题（单选题），共100道小题，每题1分。
本部分试题有以下两部分内容组成：美国法基本知识（90-95%）和逻辑推理（5-10%）.
难易程度比例设置：容易题目占50%，中等难度试题占30%，高难度试题占20%。

(1)、美国基本知识各部门法比例设置：
1 合同法 10-15%
2 宪法 2-4%
3 侵权法 10-15%
4 证据法 5-7%
5 民事程序法 2-4%
6 刑事程序法 2-4%
7 知识产权法 5-7%
8 商事组织法 10-15%
9 证券法 5-7%
10 财产法 10-15%
11 票据法 2-4%
12 刑法 10-15%
(2)、逻辑推理 （5-10%）

试卷（二）， 主观题，有案件阅读、翻译和法务写作三部分组成。各部分分数分别为25分、40分和35分。
难易程度比例设置：中等难度试题占80%，高难度试题占20%

(1)、案件阅读 （case reading and comprehension）共25分
本部分试题包括一篇美国真实案例。要求应试者在准确、快速阅读案例后，根据获得的案例中的信息简略回答有关问题。

(2)、翻译（Translation）共40分
本部分试题有两节，Section A 和Section B。Section A 是中译英，Section B 是英译中，各占20分。

(3)、法务写作（Legal Writing）共35分
要求应试者根据所给信息，用英文撰写一封律师函，或写一篇法律备忘录（Law Office Memo）;或根据所提供的案例，代表某一方写一篇案件辩论书（Case Brief）。