智慧树知到答案私法英语表达最新答案

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第一章 单元测试

1、单选题:

(3) are systems of law whose sources are the (4) in cases by judges.

(3)处为

选项:
A:Civil law
B:Legislature
C:Statute
D:decision
E:Common law
答案: 【Common law】

2、多选题:

The contemporary legal systems of the world are generally based on one of four basic systems (1), (2), statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.

(1)(2)处分别为

选项:
A:Legislature
B:Civil law
C:Statute
D:Common law
E:decision
答案: 【Civil law;Common law】

3、单选题:
(3) are systems of law whose sources are the (4) in cases by judges.
(4)处为

选项:
A:decision
B:Civil law
C:Legislature
D:Common law
E:Statute
答案: 【decision】

4、单选题:
Alongside, every system will have a (5) that passes new laws and (6). (5)处为
选项:
A:Statute
B:Legislature
C:decision
D:Civil law
E:Common law
答案: 【Legislature】

5、单选题:
Alongside, every system will have a (5) that passes new laws and (6). (6)处为
选项:
A:Statute
B:Legislature
C:Civil law
D:Common law
E:decision
答案: 【Statute】

6、单选题:
statute对应下列哪个选项?

选项:
A: law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.
B:To institute and carry forward legal action against for redress or esp. punishment of a crime
C:A law enacted by the legislative branch of a government
D:A judicial decision that should be followed by a judge when deciding a later similar case
答案: 【A law enacted by the legislative branch of a government】

7、单选题:
provision对应下列选项为

选项:
A:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
B: A stipulation made as a clause in a statute or contract made beforehand.
C:A judicial decision that should be followed by a judge when deciding a later similar case
D:A body of persons having the power to legislate
答案: 【 A stipulation made as a clause in a statute or contract made beforehand.】

8、单选题:
code对应下列选项为

选项:
A: A law enacted by the legislative branch of a government
B:A systematic compilation or revision of law or legal principles that is arranged esp. by subject
C: A body of persons having the power to legislate
D:A stipulation made as a clause in a statute or contract made beforehand.
答案: 【A systematic compilation or revision of law or legal principles that is arranged esp. by subject】

9、单选题:
legislature对应下列哪个选项?

选项:
A:A stipulation made as a clause in a statute or contract made beforehand.
B:A systematic compilation or revision of law or legal principles that is arranged esp. by subject
C:A body of persons having the power to legislate
D:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
答案: 【A body of persons having the power to legislate】

10、单选题:
precedent对应下列选项为?

选项:
A:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.
B:To institute and carry forward legal action against for redress or esp. punishment of a crime
C:A judicial decision that should be followed by a judge when deciding a later similar case
D:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
答案: 【A judicial decision that should be followed by a judge when deciding a later similar case】

11、单选题:
substantive law对应下列哪个选项?

选项:
A:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
B:A judicial decision that should be followed by a judge when deciding a later similar case
C:To institute and carry forward legal action against for redress or esp. punishment of a crime
D:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.
答案: 【Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law】

12、单选题:
prosecute对应下列哪个选项?

选项:
A:To institute and carry forward legal action against for redress or esp. punishment of a crime
B:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
C:A judicial decision that should be followed by a judge when deciding a later similar case
D:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.
答案: 【To institute and carry forward legal action against for redress or esp. punishment of a crime】

13、单选题:
procedural law对应下列哪个选项?

选项:
A:To institute and carry forward legal action against for redress or esp. punishment of a crime
B:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
C:law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.
D:A judicial decision that should be followed by a judge when deciding a later similar case
答案: 【law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.】

14、多选题:

The contemporary legal systems of the world are generally based on one of four basic systems (1), (2), statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.

(1)(2)处分别为

选项:
A:Common law
B:Civil law
C:Legislature
D:decision
E:Statute
答案: 【Common law;Civil law】

第二章 单元测试

1、单选题:
Advocacy对应下列哪个选项?

选项:
A:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
B:Statement in a pleading
C:to prepare and sign a bill of exchange or check.
D:the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.
答案: 【The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal】

2、单选题:
Allegation对应下列哪个选项?

选项:
A:Statement in a pleading
B:the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.
C:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
D:to prepare and sign a bill of exchange or check.
答案: 【Statement in a pleading】

3、单选题:
Attorney对应下列哪个选项?

选项:
A: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.
B:A person authorized to act on another’s behalf; esp lawyer
C: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.
D:a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian
答案: 【A person authorized to act on another’s behalf; esp lawyer】

4、单选题:
Civil law对应下列哪个选项?

选项:
A: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.
B:a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian
C: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.
D: A person authorized to act on another’s behalf; esp lawyer
答案: 【a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian】

5、单选题:
Defendant对应下列哪个选项?

选项:
A: A person authorized to act on another’s behalf; esp lawyer
B:a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian
C: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.
D: 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.
答案: 【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.】

6、单选题:
Plaintiff对应下俩哪个选项?

选项:
A:a body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian
B:A person authorized to act on another’s behalf; esp lawyer
C: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.
D: 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.
答案: 【 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.】

7、单选题:
Draft对应下列哪个选项?

选项:
A:Statement in a pleading
B:the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.
C: to prepare and sign a bill of exchange or check.
D: The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
答案: 【 to prepare and sign a bill of exchange or check.】

8、单选题:
judgment对应下列哪个选项?

选项:
A:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
B:Statement in a pleading
C: to prepare and sign a bill of exchange or check.
D:the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.
答案: 【the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court’s judgment, except for an “interlocutory judgment,” which is tentative until a final judgment is made. The word “decree” is sometimes used as synonymous with judgment.】

9、单选题:
Lawyers in the United Kingdom (1) generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. (1)处为
选项:
A:solicitors
B:barristers
C:tribunal
D:Jurisdictions
答案: 【Jurisdictions】

10、单选题:
They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. (2)处为
选项:
A:Advocacy
B:judge
C:impartially
D:documents
答案: 【Advocacy】

11、单选题:
They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. (3)处应为
选项:
A:documents
B:draft legal documents
C:Advocacy
D:judge
答案: 【draft legal documents】

12、单选题:
They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. (4)处为

选项:
A:tribunal
B:Jurisdictions
C:barristers
D:solicitors
答案: 【solicitors】

13、单选题:
They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. (5)处应为
选项:
A:tribunal
B:barristers
C:Jurisdictions
D:solicitors
答案: 【barristers】

14、单选题:
(6) mostly specialise in courtroom advocacy and litigation.(6)处应为
选项:
A:solicitors
B:tribunal
C:Advocacy
D:barristers
答案: 【barristers】

15、单选题:
Their tasks include taking cases in superior courts and (7), drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. (7)处应为
选项:
A:tribunal
B:assess
C:documents
D:Advocacy
答案: 【tribunal】

16、单选题:
A (8) is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. (8)处应为
选项:
A:inquisitorial
B:solicitors
C:system
D:assess
答案: 【solicitors】

17、单选题:
A (9) presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. (9)处为
选项:
A:system
B:impartially
C:assess
D:judge
答案: 【judge】

18、单选题:
The judge is supposed to conduct the trial (10) and in an open court. (10)处应为
选项:
A:hear
B:impartially
C:Advocacy
D:documents
答案: 【impartially】

19、单选题:
The judge (11) all the witnesses and any other evidence presented by the barristers of the case(11)处应为
选项:
A:assess
B:inquisitorial
C:hear
D:system
答案: 【hear】

20、单选题:
(12) the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions(12)处应为
选项:
A:impartially
B:system
C:inquisitorial
D:assess
答案: 【assess】

21、单选题:
the judge’s powers may be shared with a (13)(13)应为
选项:
A:jury
B:assess
C:system
D:inquisitorial
答案: 【jury】

22、单选题:
In (14) of criminal investigation, a judge might also be an examining magistrate.(14)为
选项:
A:system
B:jury
C:inquisitorial system
D:tribunal
答案: 【inquisitorial system】

第三章 单元测试

1、单选题:
negligence对应
选项:
A:from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.
B: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.
C:the means to achieve justice in any matter in which legal rights are involved.
D:the act of making untrue statements about another which damages his/her reputation.
答案: 【】

2、单选题:
defamation对应下列
选项:
A: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.
B:from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.
C:the means to achieve justice in any matter in which legal rights are involved.
D:the act of making untrue statements about another which damages his/her reputation.
答案: 【】

3、单选题:
remedy对应

选项:
A:the act of making untrue statements about another which damages his/her reputation.
B:n. 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.
C:To come to an end in time or effect
D:the means to achieve justice in any matter in which legal rights are involved.
答案: 【】

4、单选题:
tort对应

选项:
A:from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.
B:the means to achieve justice in any matter in which legal rights are involved.
C: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.
D:To come to an end in time or effect
答案: 【】

5、单选题:
tortfeasor对应

选项:
A:the means to achieve justice in any matter in which legal rights are involved.
B:the act of making untrue statements about another which damages his/her reputation.
C:n. 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.
D:n. a person who commits a tort (civil wrong), either intentionally or through negligence.
答案: 【】

6、单选题:
trespass对应
选项:
A: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.
B:the means to achieve justice in any matter in which legal rights are involved.
C:To come to an end in time or effect
D:n. 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.
答案: 【】

7、单选题:
terminate对应

选项:
A: To come to an end in time or effect
B:the act of making untrue statements about another which damages his/her reputation.
C:the means to achieve justice in any matter in which legal rights are involved.
D: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.
答案: 【 】

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 (1)(1)为
选项:
A:victim
B:intentional
C:tortfeasor
D:physical
答案: 【】

9、单选题:
The (2) of the harm can recover their loss as damages in a lawsuit. In order to prevail(2)为
选项:
A: victim
B:intentional
C:tortfeasor
D:physical
答案: 【】

10、单选题:
the (3) 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. (3)为

选项:
A:strict liability
B:liable
C:acquitted
D:plaintiff
答案: 【】

11、单选题:
Legal injuries are not limited to (4) and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. (4)为

选项:
A:injuries
B:physical
C:intentional
D:liable
答案: 【】

12、单选题:
While many torts are the result of negligence, tort law also recognizes (5) torts(5)为
选项:
A:strict liability
B:acquitted
C:recovery
D: intentional
答案: 【】

13、单选题:
and in a few cases (particularly for product liability in the United States) “(6)” which allows (7) without the need to demonstrate negligence.(6)为

选项:
A:physical
B:recovery
C:plaintiff
D:strict liability
答案: 【】

14、单选题:
and in a few cases (particularly for product liability in the United States) “(6)” which allows (7) without the need to demonstrate negligence.(7)为
选项:
A: victim
B:acquitted
C: intentional
D: recovery
答案: 【】

15、单选题:
Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was (8) in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court of murder but later found (9) for the tort of wrongful death.(8)为

选项:
A:strict liability
B:injuries
C:acquitted
D:liable
答案: 【

16、单选题:
Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was (8) in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court of murder but later found (9) for the tort of wrongful death.(9)为
选项:
A: acquitted
B:liable
C:physical
D:strict liability
答案: 【】

第四章 单元测试

1、单选题:
acquisition对应

选项:
A: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.
B:the obtaining of controlling interest in a company
C:The acquisition of control or possession (as of a corporation)
D:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
答案: 【】

2、单选题:
merger对应

选项:
A:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
B:n. a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members.
C:To bring to an end by taking care of unfinished business
D: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.
答案: 【】

3、单选题:
bankruptcy对应

选项:
A: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.
B: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.
C:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
D:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
答案: 【】

4、单选题:
director对应

选项:
A: n. from the Latin fiducia, meaning “trust,” 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.
B: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.
C:n. a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members.
D:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
答案: 【】

5、单选题:
dissolve对应

选项:
A:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
B:To bring to an end by taking care of unfinished business
C:The acquisition of control or possession (as of a corporation)
D:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
答案: 【】

6、单选题:
fiduciary对应

选项:
A:the obtaining of controlling interest in a company
B:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
C: n. from the Latin fiducia, meaning “trust,” 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.
D:The acquisition of control or possession (as of a corporation)
答案: 【】

7、单选题:
insolvency对应

选项:
A: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.
B:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
C:n. a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members.
D:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
答案: 【】

8、单选题:
liquidate对应

选项:
A: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.
B:the obtaining of controlling interest in a company
C:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
D:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
答案: 【】

9、单选题:
takeover对应

选项:
A:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
B:n. from the Latin fiducia, meaning “trust,” 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.
C: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.
D:The acquisition of control or possession (as of a corporation)
答案: 】

10、单选题:
wind up对应

选项:
A:n. a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members.
B: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.
C:To bring to an end by taking care of unfinished business
D:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
答案: 【】

11、单选题:
Companies occupy a special place in civil law, because they have a legal personality separate from those who invest their capital and labour to run the business. English law recognised long ago that a corporation would have “(1)”.

选项:
A:shareholders
B:vindicated
C:legal personality
D:good faith
答案: 【】

12、单选题:
Legal personality simply means the entity is the subject of legal rights and duties. It can sue and be sued. The general rules of contract, tort and unjust enrichment operate in the first place against the company as a distinct entity.  Company law, or corporate law, can be broken down into two main fields. Corporate governance in the UK mediates the rights and duties among (2), employees,

选项:
A:exclusion
B:dividends
C:shareholders
D:Directors
答案: 【】

13、单选题:
(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4).(3)为
选项:
A:creditors
B:dividends
C:exclusion
D:Directors
答案: 【

14、单选题:

(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4).

(4)为

选项:
A:good faith
B:vindicated
C:Directors
D:company constitution
答案: 【】

15、单选题:
UK law is “shareholder friendly” in that shareholders, to the (5) of employees,

选项:
A:creditors
B:exclusion
C:vindicated
D:Directors
答案: 【】

16、单选题:
typically exercise sole (6) in the general meeting.

选项:
A:Directors
B:creditors
C:voting rights
D:exclusion
答案: 【】

17、单选题:
(7) must carry out their responsibilities with competence,

选项:
A:exclusion
B:vindicated
C:Directors
D:creditors
答案: 【】

18、单选题:
in (8) and undivided loyalty to the enterprise.

选项:
A:shareholders
B:vindicated
C:good faith
D:dividends
答案: 【】

19、单选题:
particularly for minority shareholders, directors’ duties and other member rights may be (9) in court. Of central importance in public and listed companies is the securities market. The UK strongly protects the right of shareholders to be treated equally and freely trade their shares.

选项:
A:vindicated
B:company constitution
C:creditors
D:exclusion
答案: 【

20、单选题:
Corporate finance concerns the two money raising options for limited companies. Equity finance involves the traditional method of issuing shares to build up a company’s capital. Shares can contain any rights the company and purchaser wish to contract for, but generally grant the right to participate in (10) after a company earns profits and the right to vote in company affairs.

选项:
A:creditors
B:Directors
C:dividends
D:exclusion
答案: 【】

第五章 单元测试

1、单选题:
offer对应

选项:
A:referring to a statute, contract, ruling or anything which is null and of no effect.
B:in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.
C: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.
D:to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license.
答案: 【】

2、单选题:
acceptance对应

选项:
A:Purpose/goal
B: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.
C:being able to perform any gainful employment
D:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.
答案: 【】

3、单选题:
binding对应

选项:
A:being able to perform any gainful employment
B:Imposing a legal obligation
C:Purpose/goal
D: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.
答案: 【】

4、单选题:
breach对应

选项:
A:1) n. a voluntary agreement to another’s proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.
B:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
C:being able to perform any gainful employment
D:be obedient to
答案: 【】

5、单选题:
capacity对应

选项:
A:to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license.
B:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
C:referring to a statute, contract, ruling or anything which is null and of no effect.
D: being able to perform any gainful employment
答案: 【】

6、单选题:
discharge对应

选项:
A:referring to a statute, contract, ruling or anything which is null and of no effect.
B:Purpose/goal
C: to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license.
D:in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.
答案: 【】

7、单选题:
revoke对应

选项:
A:to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license.
B:1) n. a voluntary agreement to another’s proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.
C:being able to perform any gainful employment
D:referring to a statute, contract, ruling or anything which is null and of no effect.
答案: 【

8、单选题:
void对应

选项:
A:1) n. a voluntary agreement to another’s proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.
B:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
C:being able to perform any gainful employment
D:referring to a statute, contract, ruling or anything which is null and of no effect.
答案: 】

9、单选题:
intention对应

选项:
A:Purpose/goal
B:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
C: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.
D:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.
答案: 【】

10、单选题:
consent对应

选项:
A: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.
B:being able to perform any gainful employment
C:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.
D:1) n. a voluntary agreement to another’s proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.
答案: 【】

11、单选题:
A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement.(1)为
选项:
A:Duress
B:Capacity
C:Binding
D:Enforceable
答案: 【】

12、单选题:

A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement.

(2)为

选项:
A:Offer
B:Misrepresentation
C:Binding
D:Acceptance
答案: 【

13、多选题:
A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an (3), (4), (5), and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. (3)(4)(5)分别为

选项:
A:Offer
B:Mistake
C:Consideration
D:Acceptance
答案: 【】

14、单选题:
Minors, intoxicated persons, and those under a mental affliction may have insufficient (6) to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing.

选项:
A:Offer
B:Capacity
C:Acceptance
D:Misrepresentation
答案: 【】

15、单选题:
Vitiating factors constituting defences to purported contract formation, for instance, (7) means a false statement of fact made by one party to another party and has the effect of inducing that party into the contract.

选项:
A:Misrepresentation
B:Mistake
C:Duress
D:Binding
答案: 【】

16、单选题:
A (8) is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement.

选项:
A:Duress
B:Acceptance
C:Mistake
D:Misrepresentation
答案: 【

17、单选题:
(9) has been defined as a “threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition.

选项:
A:Enforceable
B:Capacity
C:Duress
D:Binding
答案: 【】

18、多选题:
A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an (3), (4), (5), and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. (3)(4)(5)分别为

选项:
A:Mistake
B:Consideration
C:Offer
D:Acceptance
答案: 【】

19、多选题:
A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an (3), (4), (5), and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. (3)(4)(5)分别为

选项:
A:Acceptance
B:Offer
C:Consideration
D:Mistake
答案: 【】

第六章 单元测试

1、单选题:
grant对应

选项:
A:To encroach upon in a way that violates law or the rights of another
B: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
C:To permit as a right or privilege
D:A law enacted by the legislative branch of a government
答案: 【】

2、单选题:
Patent对应

选项:
A:A law enacted by the legislative branch of a government
B: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.
C:To encroach upon in a way that violates law or the rights of another
D: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
答案: 【】

3、单选题:
Statute对应

选项:
A:To cause to take effect or to be fulfilled
B:A law enacted by the legislative branch of a government
C:The act or process of distributing
D:An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act
答案: 【】

4、单选题:
Moral right对应

选项:
A: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
B:To cause to take effect or to be fulfilled
C:Required or compelled by law: mandatory, obligatory
D:rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.
答案: 【】

5、单选题:
Monopoly对应

选项:
A:To encroach upon in a way that violates law or the rights of another
B: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
C:o make public or offer for sale (goods or services) with intent to deceive
D:The act or process of distributing
答案: 【】

6、单选题:
Trademark对应

选项:
A:A law enacted by the legislative branch of a government
B:To make public or offer for sale (goods or services) with intent to deceive
C: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.
D:To permit as a right or privilege
答案: 【】

7、单选题:
Infringe对应

选项:
A:The act or process of distributing
B:An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act
C:To encroach upon in a way that violates law or the rights of another
D:a position of leadership

答案: 【】

8、单选题:
Compulsory对应

选项:
A:An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act
B:To encroach upon in a way that violates law or the rights of another
C:The act or process of distributing
D:Required or compelled by law: mandatory, obligatory
答案: 】

9、单选题:
enforce对应

选项:
A:To cause to take effect or to be fulfilled
B: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
C:A law enacted by the legislative branch of a government
D:To permit as a right or privilege
答案: 【】

10、单选题:
distribution

选项:
A: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.
B:The act or process of distributing
C: To encroach upon in a way that violates law or the rights of another
D:A law enacted by the legislative branch of a government
答案: 【】

11、单选题:
Injunction对应

选项:
A:An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act
B:rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.
C: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
D:To encroach upon in a way that violates law or the rights of another
答案: 【】

12、单选题:
Pass off对应

选项:
A:A law enacted by the legislative branch of a government
B:To make public or offer for sale (goods or services) with intent to deceive
C:To encroach upon in a way that violates law or the rights of another
D:To permit as a right or privilege
答案: 【】

13、单选题:
Intellectual property (IP) refers to creations of the intellect for which a (1) is assigned to designated owners by law.

选项:
A:criminal law
B:granted
C:Monopoly
D:infringement
答案: 【 】

14、单选题:
Intellectual property rights (IPRs) are the protections (2)to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual property.

选项:
A:copyright
B:disclosure
C:granted
D:original
答案: 【

15、单选题:
A (3) is a form of right granted by the government to an inventor,

选项:
A:exclude
B:patent
C:copyright
D:original
答案: 【】

16、单选题:
giving the owner the right to (4) 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.

选项:
A:disclosure
B:industrial applicability
C:exclude
D:Violation
答案: 【

17、单选题:
An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfil three main requirements: it has to be new, not obvious and there needs to be an (5).

选项:
A:exclude
B:trademark
C:distinguishes
D:industrial applicability
答案: 【】

18、单选题:
A (6) gives the creator of an (7) work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.(6)为
选项:
A:copyright
B:recognizable
C:infringement
D:granted
答案: 【

19、单选题:

A (6) gives the creator of an (7) work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.

(7)为

选项:
A:Monopoly
B:original
C:patent
D:granted
答案: 【

20、单选题:
A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders.(8)为
选项:
A:trademark
B:violation

C:patent
D:exclude
答案: 【 】

21、单选题:

A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders.

(9)为

选项:
A:distinguishes
B:recognizable
C:Violation
D:disclosure
答案: 【 】

22、单选题:
A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders.(10)为
选项:
A:distinguishes
B:original
C:patent
D:exclude
答案: 【distinguishes 】

23、单选题:
The stated objective of most intellectual property law is to “Promote progress.” By exchanging limited exclusive rights for (11) 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.

选项:
A:exclude
B:disclosure
C:copyright
D:patent
答案: 【】

24、单选题:
(12) of intellectual property rights,

选项:
A:Violation
B:infringement
C:industrial applicability
D:granted
答案: 【】

25、单选题:
called “(13)” with respect to patents, copyright, and trademarks, and “misappropriation” with respect to trade secrets,

选项:
A:infringement
B:patent
C:exclude
D:copyright
答案: 【】

26、单选题:
may be a breach of civil law or (14), depending on the type of intellectual property involved, jurisdiction, and the nature of the action.

选项:
A:Monopoly
B:infringement
C:granted
D:criminal law
答案: 【】

第七章 单元测试

1、单选题:
Appropriation:对应

选项:
A:Doctrine that states that water belongs to the person who first makes beneficial use of it.
B: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
C:Estate of real property with infinite duration and no restrictions on use.
D:Conveyance of real property by means of a last will and testament.
答案: 【】

2、单选题:
Adverse Possession:对应

选项:
A:Method of acquiring ownership to real property by possession for a statutory time period.
B:Having or exhibiting equity: dealing fairly and equally
C: Conveyance of real property by means of a last will and testament.
D: Estate of real property with infinite duration and no restrictions on use.
答案: 【】

3、单选题:
Conveyance:对应

选项:
A:An item of tangible or intangible personal property
B:Transfer of title or ownership to real property from one person to another by deed.
C:Method of acquiring ownership to real property by possession for a statutory time period.
D:Having or exhibiting equity: dealing fairly and equally
答案: 【】

4、单选题:
Devise:对应

选项:
A:Doctrine that states that water belongs to the person who first makes beneficial use of it.
B:Having or exhibiting equity: dealing fairly and equally
C: Conveyance of real property by means of a last will and testament.
D:Method of acquiring ownership to real property by possession for a statutory time period.
答案: 【 】

5、单选题:
Fee Simple Absolute:对应

选项:
A:Having or exhibiting equity: dealing fairly and equally
B:Doctrine that states that water belongs to the person who first makes beneficial use of it.
C:Estate of real property with infinite duration and no restrictions on use.
D:An item of tangible or intangible personal property
答案: 【】

6、单选题:
mortgage对应

选项:
A:An item of tangible or intangible personal property
B:Having or exhibiting equity: dealing fairly and equally
C: 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
D:Conveyance of real property by means of a last will and testament.
答案: 【】

7、单选题:
equitable对应

选项:
A:Estate of real property with infinite duration and no restrictions on use.
B:Transfer of title or ownership to real property from one person to another by deed.
C:Doctrine that states that water belongs to the person who first makes beneficial use of it.
D:Having or exhibiting equity: dealing fairly and equally
答案: 【】

8、单选题:
chattel对应

选项:
A: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
B:Doctrine that states that water belongs to the person who first makes beneficial use of it.
C:Method of acquiring ownership to real property by possession for a statutory time period.
D:An item of tangible or intangible personal property
答案: 【】

9、单选题:
Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.(1)为
选项:
A:ownership
B:corresponds
C:movable
D:tenancy
答案: 【】

10、单选题:

Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

(2)为

选项:
A:ownership
B:tenancy
C:corresponds
D:movable
答案: 【】

11、单选题:

Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

(3)为

选项:
A:movable
B:ownership
C:tenancy
D:corresponds
答案: 【】

12、单选题:
Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

选项:
A:tenancy
B:movable
C:ownership
D:corresponds
答案: 【】

第八章 单元测试

1、单选题:

forum对应

选项:
A:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
B:Judicial body or assembly
C:the status or attribution of being a permanent resident in a particular jurisdiction
D:a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
答案: 【】

2、单选题:

Renvoi

选项:
A:classification and as qualification
B:a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
C:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
D:Act of sending back, reference
答案: 【】

3、单选题:

Characterisation对应

选项:
A:classification and as qualification
B: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.
C:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
D:the act or process of following in order or sequence.
答案: 【】

4、单选题:

Public policy对应
选项:
A: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.
B:Act of sending back, reference
C:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
D:classification and as qualification
答案: 【】

5、单选题:
Jurisdiction对应

选项:
A:the status or attribution of being a permanent resident in a particular jurisdiction
B:a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
C:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
D:Judicial body or assembly
答案: 【】

6、单选题:

Comity对应

选项:
A:the act or process of following in order or sequence.
B:the status or attribution of being a permanent resident in a particular jurisdiction
C:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
D:a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
答案: 【】

7、单选题:
Domicile对应

选项:
A:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
B:the status or attribution of being a permanent resident in a particular jurisdiction
C: the act or process of following in order or sequence.
D: a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
答案: 【】

8、单选题:

Succession对应

选项:
A:the act or process of following in order or sequence.
B: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.
C:classification and as qualification
D:a technique for the resolution of disputes outside the courts.
答案: 【】

9、单选题:
arbitration对应

选项:
A:Act of sending back, reference
B:a technique for the resolution of disputes outside the courts.
C:classification and as qualification
D: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.
答案: 【】

10、单选题:
the court will apply the law of the forum (lex fori) to all (1) matters (including, self-evidently, the choice of law rules); (1)处为
选项:
A:legal issues
B:litigation
C:procedural
D:title
答案: 【】

11、单选题:
it counts the factors that connect or link the (2) to the laws of potentially relevant states and applies the laws that have the greatest connection(2)为
选项:
A:residence
B:legal issues
C:litigation
D:substantive
答案: 【】

12、单选题:
e.g. the law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and (4), the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5)(3)为
选项:
A:substantive
B:residence
C:legal issues
D:capacity
答案: 【】

13、单选题:
e.g. the law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and (4), the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5),(4)为
选项:
A:procedural
B:litigation
C:capacity
D:substantive
答案: 【】

14、单选题:
the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5), (5)为
选项:
A:legal issues
B: title
C:procedural
D:litigation
答案: 【 】

15、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 (7), but the proper law has become a more common choice. (6)为
选项:
A:substantive
B:procedural
C:litigation
D:legal issues
答案: 【】

16、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 (7), but the proper law has become a more common choice. (7)为
选项:
A:substantive
B:procedural
C:legal issues
D:capacity
答案: 【】

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