2017超星尔雅 私法英语表达答案 课后作业答案秦晓雷
法律体系
1
【单选题】The contemporary legal systems of the world are generally based on one of four basic systems (A ), common law, statutory law, religious law or combinations of these.
A、civil law
B、common law
C、economic law
D、penal law
2
【单选题】(B ) are systems of law whose sources are the decision in cases by judges.
A、civil law
B、common law
C、economic law
D、penal law
3
【单选题】Alongside, every system will have a (C ) that passes new laws and statute.
A、administration
B、law enforcement agency
C、legislature
D、court
4
【单选题】The phrase (A ) means "law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress".
A、procedural law
B、civil law
C、common law
D、substantive law
5
【单选题】The word (B ) means "to institute and carry forward legal action against for redress or especially punishment of a crime".
A、legislature
B、prosecute
C、precedent
D、code
6
【单选题】The word ( C) means "a judicial decision that should be followed by a judge when deciding a later similar case".
A、prosecute
B、provision
C、precedent
D、statute
7
【单选题】The phrase (D ) means "law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law".
A、procedural law
B、civil law
C、common law
D、substantive law
8
【单选题】The word (C ) means "a body of persons having the power to legislate".
A、precedent
B、provision
C、legislature
D、statute
9
【单选题】The word (A ) means "a stipulation made as a clause in a statute or contract made beforehand".
A、provision
B、code
C、prosecute
D、legislature
10
【单选题】The word (D ) means "a systematic compilation or revision of law or legal principles that is arranged especially by subject ".
A、legislature
B、prosecute
C、statute
D、code
11
【单选题】The word (C ) means "a law enacted by the legislative branch of a government".
A、prosecute
B、precedent
C、statute
D、code
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法律职业者
1
【单选题】The word ( ) means "a person authorized to act on another’s behalf; especially lawyer".
A、advocacy
B、plaintiff
C、attorney
D、defendant
2
【单选题】The phrase ( ) means "a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian".
A、civil law
B、common law
C、economic law
D、penal law
3
【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".
A、draft
B、advocacy
C、plaintiff
D、defendant
4
【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、attorney
B、allegation
C、plaintiff
D、defendant
5
【单选题】The word ( ) means "to prepare and sign a bill of exchange or check".
A、plaintiff
B、defendant
C、allegation
D、draft
6
【单选题】The word ( ) means "the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's judgment".
A、judgment
B、advocacy
C、draft
D、defendant
7
【单选题】The word ( ) means "statement in a pleading".
A、defendant
B、allegation
C、plaintiff
D、advocacy
8
【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、allegation
B、advocacy
C、attorney
D、draft
9
【单选题】Lawyers in the United Kingdom ( ) generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers.
A、jury
B、tribunal
C、inquisitorial system
D、jurisdictions
10
【单选题】( ) mostly specialise in courtroom advocacy and litigation.
A、lawyers
B、solicitors
C、barristers
D、judge
11
【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、jury
B、tribunal
C、inquisitorial system
D、jurisdictions
12
【单选题】A ( ) is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.
A、lawyers
B、solicitors
C、barristers
D、judge
13
【单选题】A ( ) presides over court proceedings, either alone or as a part of a panel of judges.
A、lawyers
B、solicitors
C、barristers
D、judge
14
【单选题】In some jurisdictions, the judge's powers may be shared with a ( ).
A、lawyers
B、solicitors
C、barristers
D、jury
15
【单选题】In ( ) of criminal investigation, a judge might also be an examining magistrate.
A、religious system
B、pluralistic systems
C、inquisitorial system
D、justice system
侵权法
1
【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、tort
B、terminate
C、remedy
D、defamation
2
【单选题】The word ( ) means "failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not".
A、defamation
B、tortfeasor
C、terminate
D、negligence
3
【单选题】The word ( ) means "the means to achieve justice in any matter in which legal rights are involved".
A、terminate
B、tort
C、remedy
D、defamation
4
【单选题】The word ( ) means "the act of making untrue statements about another which damages his/her reputation".
A、defamation
B、tortfeasor
C、trespass
D、terminate
5
【单选题】The word ( ) means "to come to an end in time or effect ".
A、trespass
B、tortfeasor
C、defamation
D、terminate
6
【单选题】The word ( ) means "a person who commits a tort (civil wrong), either intentionally or through negligence".
A、remedy
B、terminate
C、tortfeasor
D、defamation
7
【单选题】The word ( ) means "entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight".
A、defamation
B、trespass
C、tort
D、negligence
8
【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、liable
B、plaintiff
C、intentional
D、tortfeasor
9
【单选题】The ( ) of the harm can recover their loss as damages in a lawsuit.
A、victim
B、injuries
C、liable
D、acquitted
10
【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 action was the legally recognizable cause of the harm.
A、acquitted
B、plaintiff
C、tortfeasor
D、physical
11
【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、plaintiff
B、acquitted
C、physical
D、liable
12
【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 without the need to demonstrate negligence.
A、plaintiff
B、recovery
C、intentional
D、acquitted
13
【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、injuries
B、tortfeasor
C、plaintiff
D、acquitted
14
【单选题】For example, O. J. Simpson was acquitted in criminal court of murder but later found ( ) for the tort of wrongful death.
A、liable
B、liable
C、recovery
D、physical
公司法
1
【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 another (often called the beneficiary) under circumstances which require total trust, good faith and honesty".
A、fiduciary
B、bankruptcy
C、director
D、insolvency
2
【单选题】The word ( ) means "ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship".
A、cquisition
B、dissolve
C、fiduciary
D、acquitted
3
【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、fiduciary
B、liable
C、director
D、insolvency
4
【单选题】The word ( ) means "the condition of having more debts (liabilities) than total assets which might be available to pay them, even if the assets were mortgaged or sold".
A、plaintiff
B、director
C、insolvency
D、injuries
5
【单选题】The word ( ) means "to determine the liabilities and apportion the assets of especially in bankruptcy or dissolution".
A、cquisition
B、takeover
C、merger
D、liquidate
6
【单选题】The word ( ) means "the acquisition of control or possession (as of a corporation)".
A、cquisition
B、takeover
C、liquidate
D、merger
7
【单选题】The phrase ( ) means "to bring to an end by taking care of unfinished business ".
A、pluralistic systems
B、common law
C、wind up
D、take over
8
【单选题】The word ( ) means "the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors".
A、insolvency
B、liquidate
C、fiduciary
D、bankruptcy
9
【单选题】The word ( ) means "the joining together of two corporations in which one corporation 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、merger
B、director
C、cquisition
D、takeover
10
【单选题】The word ( ) means "the obtaining of controlling interest in a company".
A、director
B、acquisition
C、merger
D、bankruptcy
11
【单选题】English law recognised long ago that a corporation would have "( )".
A、voting rights
B、common law
C、legal personality
D、religious system
12
【单选题】Corporate governance in the UK mediates the rights and duties among ( ), employees, creditors and directors.
A、shareholders
B、tortfeasor
C、plaintiff
D、victim
13
【单选题】Since the board of directors habitually possesses the power to manage the business under a ( ).
A、pluralistic systems
B、legal personality
C、religious system
D、company constitution
14
【单选题】UK law is "shareholder friendly" in that shareholders, to the exclusion of employees, typically exercise sole ( ) in the general meeting.
A、pluralistic systems
B、voting rights
C、religious system
D、company constitution
15
【单选题】Directors must carry out their responsibilities with competence, in ( ) and undivided loyalty to the enterprise.
A、common law
B、voting rights
C、good faith
D、wind up
16
【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、vindicated
B、plaintiff
C、takeover
D、insolvency
17
【单选题】Shares 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、dividends
B、tort
C、provision
D、prosecute
合同法
1
【单选题】The word ( ) means "in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid".
A、cquisition
B、discharge
C、enforceable
D、intention
2
【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、recovery
B、void
C、intention
D、revoke
3
【单选题】The word ( ) means "referring to a statute, contract, ruling or anything which is null and of no effect".
A、duress
B、fiduciary
C、prosecute
D、void
4
【单选题】The word ( ) means "purpose or goal".
A、intention
B、fiduciary
C、director
D、victim
5
【单选题】The word ( ) means "to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations".
A、provision
B、discharge
C、consent
D、void
6
【单选题】The word ( ) means "being able to perform any gainful employment".
A、void
B、consent
C、capacity
D、shareholders
7
【单选题】The word ( ) means "the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other".
A、breach
B、binding
C、consideration
D、mistake
8
【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 enforceable contract. An offer and acceptance of the offer creates the contract.".
A、dissolve
B、offer
C、intention
D、liquidate
9
【单选题】The word ( ) means "imposing a legal obligation".
A、void
B、binding
C、consent
D、acceptance
10
【单选题】The word ( ) means "receiving something from another with the intent to keep it, and showing that this was based on a previous agreement".
A、acceptance
B、consideration
C、intention
D、enforceable
11
【单选题】A contract is a voluntary arrangement between two or more parties that is ( ) at law as a binding legal agreement.
A、misrepresentation
B、takeover
C、mistake
D、enforceable
12
【单选题】Formation of a contract generally requires an ( ), offer, acceptance and a mutual intent to be bound.
A、terminate
B、consideration
C、prosecute
D、plaintiff
13
【单选题】Minors, intoxicated persons, and those under a mental affliction may have insufficient ( ) to enter a contract.
A、capacity
B、bankruptcy
C、mistake
D、acquitted
14
【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、dissolve
B、enforceable
C、misrepresentation
D、consideration
15
【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、mistake
B、duress
C、consent
D、terminate
16
【单选题】( ) has been defined as a "threat of harm made to compel a person to do something against his or her will 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、provision
B、consideration
C、duress
D、binding
知识产权法
1
【单选题】Intellectual property (IP) refers to creations of the intellect for which a ( ) is assigned to designated owners by law.
A、monopoly
B、consent
C、duress
D、trademark
2
【单选题】Intellectual property rights (IPRs) are the protections ( ) to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets.
A、fiduciary
B、consideration
C、granted
D、dissolve
3
【单选题】A patent is a form of right granted by the government to an inventor, giving the owner the right to ( ) others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.
A、provision
B、binding
C、infringement
D、exclude
4
【单选题】A ( ) gives the creator of an original work exclusive rights to it, usually for a limited time.
A、trademark
B、copyright
C、monopoly
D、misrepresentation
5
【单选题】A ( ) is a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.
A、copyright
B、consideration
C、trademark
D、bankruptcy
6
【单选题】" By exchanging limited exclusive rights for ( ) of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work.
A、disclosure
B、trademark
C、shareholders
D、recovery
7
【单选题】Violation of intellectual property rights, called "( )" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action.
A、mistake
B、infringement
C、plaintiff
D、victim
8
【单选题】The phrase ( ) means "rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions".
A、good faith
B、wind up
C、moral right
D、pass off
9
【单选题】The word ( ) means "exclusive control of a particular market that is marked by the power to control prices and exclude competition and that esp. is developed willfully rather than as the result of superior products or skill".
A、duress
B、monopoly
C、void
D、patent
10
【单选题】The word ( ) means "the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years".
A、consent
B、capacity
C、statute
D、patent
11
【单选题】The word ( ) means "to permit as a right or privilege".
A、grant
B、infringe
C、infringement
D、enforceable
12
【单选题】The word ( ) means "a law enacted by the legislative branch of a government".
A、liquidate
B、statute
C、enforce
D、compulsory
13
【单选题】The word ( ) means "a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law.".
A、monopoly
B、trademark
C、copyright
D、disclosure
14
【单选题】The word ( ) means "to encroach upon in a way that violates law or the rights of another".
A、duress
B、injunction
C、infringe
D、dissolve
15
【单选题】The phrase ( ) means "to make public or offer for sale (goods or services) with intent to deceive ".
A、pass off
B、pluralistic systems
C、voting rights
D、moral right
16
【单选题】The word ( ) means "an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act".
A、grant
B、compulsory
C、cquisition
D、injunction
17
【单选题】The word ( ) means "the act or process of distributing".
A、mistake
B、distribution
C、compulsory
D、enforce
18
【单选题】The word ( ) means "to cause to take effect or to be fulfilled".
A、intention
B、enforce
C、misrepresentation
D、distribution
19
【单选题】The word ( ) means "required or compelled by law: mandatory, obligatory".
A、fiduciary
B、distribution
C、compulsory
D、trademark
物权法
1
【单选题】Property law is the area of law that governs the various forms of ownership and ( ) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system.
A、copyright
B、tenancy
C、injunction
D、grant
2
【单选题】In the civil law system, there is a division between ( ) and immovable property.
A、trademark
B、movable
C、cquisition
D、mistake
3
【单选题】Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.
A、injunction
B、corresponds
C、infringement
D、intention
4
【单选题】The phrase ( ) means "method of acquiring ownership to real property by possession for a statutory time period".
A、moral right
B、fee simple absolute
C、adverse possession
D、good faith
5
【单选题】The word ( ) means "doctrine that states that water belongs to the person who first makes beneficial use of it".
A、equitable
B、appropriation
C、intention
D、trademark
6
【单选题】The word ( ) means "transfer of title or ownership to real property from one person to another by deed".
A、capacity
B、injunction
C、chattel
D、conveyance
7
【单选题】The word ( ) means "conveyance of real property by means of a last will and testament".
A、devise
B、compulsory
C、appropriation
D、bankruptcy
8
【单选题】The phrase ( ) means "estate of real property with infinite duration and no restrictions on use".
A、wind up
B、fee simple absolute
C、adverse possession
D、pass off
9
【单选题】The word ( ) means "a conveyance of title to property that is given to secure an obligation and that is defeated upon payment or performance according to stipulated terms".
A、infringement
B、conveyance
C、mortgage
D、enforce
10
【单选题】The word ( ) means "having or exhibiting equity: dealing fairly and equally".
A、capacity
B、grant
C、devise
D、equitable
11
【单选题】The word ( ) means "an item of tangible or intangible personal property".
A、chattel
B、mortgage
C、compulsory
D、mistake
冲突法
1
【单选题】The word ( ) means "the status or attribution of being a permanent resident in a particular jurisdiction".
A、domicile
B、distribution
C、jurisdiction
D、compulsory
2
【单选题】The word ( ) means "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial acts".
A、statute
B、enforce
C、comity
D、procedural
3
【单选题】The word ( ) means "the practical authority granted to a legal body to administer justice within a defined area of responsibility".
A、jurisdiction
B、procedural
C、monopoly
D、compulsory
4
【单选题】The word ( ) means "the act or process of following in order or sequence".
A、residence
B、corresponds
C、succession
D、disclosure
5
【单选题】The word ( ) means "a technique for the resolution of disputes outside the courts".
A、injunction
B、arbitration
C、domicile
D、chattel
6
【单选题】The phrase ( ) means "the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs".
A、fee simple absolute
B、voting rights
C、pass off
D、public policy
7
【单选题】The word ( ) means "classification and as qualification".
A、characterisation
B、infringement
C、trademark
D、copyright
8
【单选题】The word ( ) means "act of sending back, reference".
A、tenancy
B、title
C、renvoi
D、injunction
9
【单选题】The word ( ) means "judicial body or assembly".
A、arbitration
B、forum
C、bankruptcy
D、enforceable
10
【单选题】Courts faced with a choice of law issue have a two-stage process. The first one is the court will apply the law of the forum (lex fori) to all ( ) matters (including, self-evidently, the choice of law rules)
A、infringement
B、procedural
C、renvoi
D、plaintiff
11
【单选题】Courts faced with a choice of law issue have a two-stage process. The second one is the court counts the factors that connect or link the ( ) to the laws of potentially relevant states and applies the laws that have the greatest connection.
A、pass off
B、company constitution
C、legal issues
D、pluralistic systems
12
【单选题】The law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and capacity.
A、infringement
B、tenancy
C、enforce
D、residence
13
【单选题】The law of the state in which land is situated (lex situs) will be applied to determine all questions of (5).
A、title
B、succession
C、capacity
D、patent
14
【单选题】The law of the place where a transaction physically takes place or of the occurrence that gave rise to the (6) (lex loci actus) will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice.
A、corresponds
B、conveyance
C、litigation
D、comity