法律英语证书考试试题

时间:2017-11-21 考试英语 我要投稿

  法律英语证书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。下面是小编为大家整理的法律英语考试证书模拟试题,欢迎阅读。
 

  1.A buyer can accept goods by:

  A. Stating an intention to take them.

  B. Failing to reject them.

  C. Treating the goods as if the buyer owned them.

  D. All of the above.

  2.Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime,the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.

  A. Mary.

  B. Bill

  C. Neither Mary and Bill.

  D. Both Mary and Bill.

  3.Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime,the car is stolen. Who bears the loss here? Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before.

  A. Mary.

  B. Bill

  C. Neither Mary and Bill.

  D. Both Mary and Bill.

  4.In order for someone to be convicted of a crime, which of the following elements must be present?

  A. The defendant had a socially maladjusted childhood.

  B. The defendant had no intent to commit the act.

  C. The defendant performed a prohibited act.

  D. The defendant performed a morally questionable act.

  5.Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:

  A. Robbery.

  B. Embezzlement.

  C. Misappropriation.

  D. Conversion.

  6.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:

  A. Insider trading.

  B. Economic espionage.

  C. Money laundering.

  D. Burglary.

  7.When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of ______ occurs:

  A. Insider trading.

  B. Economic espionage.

  C. Money laundering.

  D. Burglary.

  8.If James takes Ellen’s diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of:

  A. Battery.

  B. Larceny.

  C. Arson.

  D. Forgery

  9.A homicide committed without malice towards the victim is known as:

  A. First-degree murder.

  B. Manslaughter.

  C. A misdemeanor.

  D. Extortion

  10.If you are charged with a crime, you might be able to defend yourself and escape liability if you:

  A. Committed a prohibited act.

  B. Were voluntarily intoxicated at the time of the crime.

  C. Were over the age of sixty-five at the time of crime.

  D. Were involuntarily intoxicated at the time of crime.

  11.One morning in the Laundromat, Duneberry approached Kirksey and said, “If you don’t pay me $ 500 by July 2nd, I’ll beat you to a pulp.” A week later, on July 2nd, Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money, Duneberry then punched Kirksey in the stomach and hurriedly left the bar. Under modern statutory law, Duneberry will most likely be found guilty of which of the following crimes:

  A. Extortion and battery.

  B. Extortion and robbery.

  C. Assault and battery.

  D. Assault and robbery

  12.Which of the following does NOT describe a felony?

  A. If found guilty, you are sentenced to prison for up to six months.

  B. If found guilty, you go to a federal or state penitentiary.

  C. If found guilty, you may face the death penalty.

  D. If found guilty, you may face life imprisonment.

  13.Which of the following is not classified in English law as a tort?

  A. Defamation.

  B. Negligence.

  C. Breach of contract.

  D. Nuisance

  14.Eunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Yasser because of the Armenian genocide, but is a friend of Eunice’s, whose present is known to him, draws a scimitar and threatens to behead Yasser. Eunice, who is five months pregnant, suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarriage, Eunice will:

  A. Lose, because Jacques did not know Eunice was pregnant.

  B. Win, because it is highly probable that Jacques’ extreme and outrageous conduct would inflect emotional distress on Eunice.

  C. Lose, since Jacques’s tortuous acts were aimed against Yasser, so only Yasser can recover for emotional distress.

  D. Win, because she is Yasser’s wife.

  15.Intent is:

  A. A factor required to sustain a tort.

  B. Strict liability.

  C. The desire to cause a certain result or to act with substantial knowledge that an injury will result.

  D. Where desert nomads live

  16.False imprisonment is:

  A. Placing a convicted defendant in a maximum security prison.

  B. A description of when a judge and jury disagree over a sentence.

  C. A criminal imprisonment for civil wrong.

  D. The intentional, unlawful confinement of a person against that person’s will.

  17. Which of the following is/are required in order to have a “tender” of goods?

  A. The seller must put and hold conforming goods at the buyer’s disposal.

  B. The seller must give notice to the buyer that the goods are available.

  C. The seller must give notice to the buyer and hold the goods for a reasonable time.

  D. All of the above are required for tender.

  18. Rescission may be defined as:

  A. The substitution of one contract party for another.

  B. The revision of a contract’s terms to reflect trade usage.

  C. The full performance of a contract.

  D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was formed.

  19. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dog’s owner did not discuss the dog’s pedigree with you. If you discover later that the dog is not worth $800, but only $400, can you have the contract rescinded or canceled based on your mistake?

  A. Yes, if the owner knew the dog was clearly not worth $800.

  B. Yes, because you had a duty to investigate.

  C. Probably not, because you made a mistake about the dog’s value, not a mistake of a material fact.

  D. Probably so, because you made a mistake of an immaterial fact.

  20. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. Is this consideration legally sufficient?

  A. No, because it is clear that one dinner is not worth as much as repairing all of the plumbing in Liz’s house.

  B. No, because this kind of bargain violates public policy.

  C. Yes, based on the clear lack of any bargain.

  D. Yes, because Liz has promised something of value

  21. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun, an enterprise dedicated to selling wigs and toupees and providing hair-weaving services to balding men. Reggie’s most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk, Reggie tells Hortense, “You have done really good lately. If you can keep it up until Christmas, you will get a $500 bonus.” Reggie’s promise could be best characterized as:

  A. Valid consideration.

  B. An illusory promise.

  C. An output contract.

  D. A requirements contract

  22. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool bath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications:

  A. Vercingetorix may not reject Eddy’s performance because Eddy has substantially performed.

  B. Vercingetorix may not reject Eddy’s performance unless Eddy’s breach was intentional.

  C. Vercingetorix may reject Eddy’s performance based on Eddy’s material breach.

  D. Vercingetorix may reject Eddy’s performance because it was not precisely what their agreement demanded

  23.Andronicus, an international dog dealer, offers to pay Justinian, an professional dog breeder, $40,00 on August 12th to buy Justinian’s Tibetan mastiff “Gyastso”, to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st, Andronicus repudiates. Justinian’s cause of action against Andronicus will accrue:

  A. Immediately on August 1st.

  B. Anytime between July 12th and August 12th.

  C. Either A and B.

  D. August 12th

  24.With regard to corporations:

  A. They may be held liable for crimes, just as individuals may be.

  B. They may never be held liable for crimes.

  C. They do not really exist, so they cannot be liable for crimes, only for torts.

  D. They may only be held liable for crimes if they are privately owned.

  25. A person may be found not guilty of committing a crime if that person:

  A. Is over the age of 18.

  B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.

  C. Is voluntarily intoxicated.

  D. Made a mistake of law

  26. Negligence is:

  A. Forgetfulness.

  B. Willful and wanton misconduct.

  C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.”

  D. A tort that will impose liability for a breath of a duty that proximately causes an injury

  27. Immunity is:

  A. A statutory defense available only to sovereign governments.

  B. A possible defense to tort liability.

  C. The right of students in law school to participate in political demonstrations.

  D. The invulnerability of a trial court judge.

  28. Kriekor leases an apartment from Methuselah. In this situation, Methuselah is known as:

  A. The lessor.

  B. The lessee.

  C. The tenant.

  D. The debtor.

  29. The famous “swoosh” design on the side of NIKE sneakers is an example of:

  A. A copyright.

  B. A patent.

  C. A trademark.

  D. A trade secret

  30. When you see on a box of low-fat granola that the cereal has the “Good Housekeeping Seal of Approval”, you are looking at:

  A. A certification mark.

  B. A strong mark.

  C. A patent.

  D. A licensor

  31. Suppose that Jami invents and patents his new weeding machine, but never sells it. Louisa borrows the machine from Jami, pulls it apart, copies it, and then sells it. Louisa:

  A. Has done nothing wrong; competition is a part of our market economy.

  B. Has not infringed a patent because the product was not “in commerce.”

  C. Has infringed Jami’s patent rights.

  D. Has behaved immorally, but not illegally

  32. One of the ways to make use of another’s trademark, copyright, patent, or trade secret, while avoiding litigation, is to obtain:

  A. A cyber mark.

  B. A business process patent.

  C. An easement. 地役权

  D. A license.
 

  附:法律英语证书考试大纲

  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、法律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(单项选择题),共100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)、美国法基础知识,各部门法题量比例:

  1 合同法 10-15%

  2 宪法 5-10%

  3 侵权法 10-15%

  4 证据法 10-15%

  5 财产法 10-15%

  6 刑法、刑诉 10-15%

  7 知识产权法 5-10%

  8 法律术语与文化 10-15%

  (2)、逻辑推理 (5-10%)

  试卷(二), 主观题,有案例阅读、法律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)、案例阅读 (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)、法律翻译(Legal 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

  本部分试题要求应试者根据题目给出的信息,用英文撰写一封律师函、起草意向书或写一篇法律备忘录(Law Office Memo);或根据题目所提供的信息或案例,代表某一方写一篇律师辩论书(Brief)。

相关文章