智慧树知到《私法英语表达》章节测试答案

智慧树知到《私法英语表达》章节测试答案
第一章
1、The contemporary legal systems of the world are generally based on one of four basic systems (1), (2), statutory law, religious law or binations 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
A:Common law
B:Civil law
C:Statute
D:Legislature
E:decision
正确答案：Common law,Civil law
2、(3) are systems of law whose sources are the (4) in cases by judges. （3）处为
A:Common law
B:Civil law
C:Statute
D:Legislature
E:decision
正确答案：Common law
3、(3) are systems of law whose sources are the (4) in cases by judges. （4）处为
A:Common law
B:Civil law
C:Statute
D:Legislature
E:decision
正确答案：decision
4、Alongside, every system will have a (5) that passes new laws and (6). （5）处为
A:Common law
B:Civil law
C:Statute
D:Legislature
E:decision
正确答案：Legislature
5、Alongside, every system will have a (5) that passes new laws and (6). （6）处为
A:Common law
B:Civil law
C:Statute
D:Legislature
E:decision
正确答案：Statute
6、statute对应下列哪个选项？
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:A law enacted by the legislative branch of a government
正确答案：A law enacted by the legislative branch of a government
7、provision对应下列选项为
A:A judicial decision that should be followed by a judge when deciding a later similar case
B:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
C:A body of persons having the power to legislate
D: A stipulation made as a clause in a statute or contract made beforehand.
正确答案：A stipulation made as a clause in a statute or contract made beforehand.
8、code对应下列选项为
A: A body of persons having the power to legislate
B:A stipulation made as a clause in a statute or contract made beforehand.
C:A systematic pilation or revision of law or legal principles that is arranged esp. by subject
D: A law enacted by the legislative branch of a government
正确答案：A systematic pilation or revision of law or legal principles that is arranged esp. by subject
9、legislature对应下列哪个选项？
A:Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
B:A body of persons having the power to legislate
C:A stipulation made as a clause in a statute or contract made beforehand.
D:A systematic pilation or revision of law or legal principles that is arranged esp. by subject
正确答案：A body of persons having the power to legislate
10、precedent对应下列选项为？
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
正确答案：A judicial decision that should be followed by a judge when deciding a later similar case
11、substantive law对应下列哪个选项？
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
正确答案：Law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law
12、prosecute对应下列哪个选项？
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
正确答案：To institute and carry forward legal action against for redress or esp. punishment of a crime
13、procedural law对应下列哪个选项？
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
正确答案：law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.
第二章
1、Advocacy对应下列哪个选项？
A:to prepare and sign a bill of exchange or check.
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:Statement in a pleading
D:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
正确答案：The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
2、Allegation对应下列哪个选项？
A:to prepare and sign a bill of exchange or check.
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:Statement in a pleading
D:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
正确答案：Statement in a pleading
3、Attorney对应下列哪个选项?
A:A person authorized to act on another’s behalf; esp lawyer
B:a body of laws and legal concepts which e down from old Roman laws established by Emperor Justinian
C:the party who initiates a lawsuit by filing a plaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
D: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.
正确答案：A person authorized to act on another’s behalf; esp lawyer
4、Civil law对应下列哪个选项？
A: A person authorized to act on another’s behalf; esp lawyer
B:a body of laws and legal concepts which e down from old Roman laws established by Emperor Justinian
C:the party who initiates a lawsuit by filing a plaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
D: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.
正确答案：a body of laws and legal concepts which e down from old Roman laws established by Emperor Justinian
5、Defendant对应下列哪个选项?
A: A person authorized to act on another’s behalf; esp lawyer
B:a body of laws and legal concepts which e down from old Roman laws established by Emperor Justinian
C: the party who initiates a lawsuit by filing a plaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
D: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.
正确答案：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、Plaintiff对应下俩哪个选项？
A:A person authorized to act on another’s behalf; esp lawyer
B:a body of laws and legal concepts which e down from old Roman laws established by Emperor Justinian
C: the party who initiates a lawsuit by filing a plaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
D: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.
正确答案：the party who initiates a lawsuit by filing a plaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
7、Draft对应下列哪个选项？
A: to prepare and sign a bill of exchange or check.
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:Statement in a pleading
D: The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
正确答案：to prepare and sign a bill of exchange or check.
8、judgment对应下列哪个选项？
A: to prepare and sign a bill of exchange or check.
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:Statement in a pleading
D:The profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal
正确答案：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、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
A:Jurisdictions
B:solicitors
C:barristers
D:tribunal
正确答案：Jurisdictions
10、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （2）处为
A:Advocacy
B:documents
C:judge
D:impartially
正确答案：Advocacy
11、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （3）处应为
A:Advocacy
B:draft legal documents
C:documents
D:judge
正确答案：draft legal documents
12、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （4）处为
A:Jurisdictions
B:solicitors
C:barristers
D:tribunal
正确答案：solicitors13、They can each do (2), (3) and give written advice, but (4), unlike (5), cannot appear in every court. （5）处应为
A:Jurisdictions
B:solicitors
C:barristers
D:tribunal
正确答案：barristers
14、(6) mostly specialise in courtroom advocacy and litigation.（6）处应为
A:solicitors
B:barristers
C:tribunal
D:Advocacy
正确答案：barristers
15、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
A:tribunal
B:Advocacy
C:documents
D:assess
正确答案：tribunal
16、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
A:solicitors
B:inquisitorial
C:assess
D:system
正确答案：solicitors
17、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
A:impartially
B:assess
C:judge
D:system
正确答案：judge
18、The judge is supposed to conduct the trial (10) and in an open court. （10）处应为
A:documents
B:hear
C:impartially
D:Advocacy
正确答案：impartially
19、The judge (11) all the witnesses and any other evidence presented by the barristers of the case（11）处应为
A:assess
B:system
C:inquisitorial
D:hear
正确答案：hear
20、(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
A:impartially
B:assess
C:inquisitorial
D:system
正确答案：assess
21、the judge’s powers may be shared with a (13)（13）应为
A:assess
B:jury
C:inquisitorial
D:system
正确答案：jury
22、In (14) of criminal investigation, a judge might also be an examining magistrate.（14）为
A:jury
B:inquisitorial system
C:system
D:tribunal
正确答案：inquisitorial system
第三章
1、defamation对应下列
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.
正确答案：D
2、negligence对应
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.
正确答案：B
3、remedy对应
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:To e 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.
正确答案：A
4、tort对应
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:To e to an end in time or effect
正确答案：A
5、tortfeasor对应
A:n. a person who mits a tort (civil wrong), either intentionally or through negligence.
B:the means to achieve justice in any matter in which legal rights are involved.
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:the act of making untrue statements about another which damages his/her reputation.
正确答案：A
6、trespass对应
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: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:To e to an end in time or effect
正确答案：C
7、terminate对应
A:the means to achieve justice in any matter in which legal rights are involved.
B: To e to an end in time or effect
C:the act of making untrue statements about another which damages his/her reputation.
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.
正确答案：B
8、A tort, in mon law jurisdictions, is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who mits the tortious act, called a (1)（1）为
A:victim
B:tortfeasor
C:intentional
D:physical
正确答案：B
9、 The (2) of the harm can recover their loss as damages in a lawsuit. In order to prevail（2）为
A: victim
B:tortfeasor
C:intentional
D:physical
正确答案：A
10、the (3) in the lawsuit, monly 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
A:strict liability
B:acquitted
C:plaintiff
D:liable
正确答案：C
11、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
A:intentional
B:physical
C:injuries
D:liable
正确答案：B
12、 While many torts are the result of negligence, tort law also recognizes (5) torts（5）为
A: intentional
B:recovery
C:acquitted
D:strict liability
正确答案：A
13、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
A:recovery
B:strict liability
C:physical
D:plaintiff
正确答案：B
14、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
A:acquitted
B: victim
C: intentional
D: recovery
正确答案：D
15、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
A:strict liability
B:acquitted
C:liable
D:injuries
正确答案：B
16、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
A:physical
B:liable
C: acquitted
D:strict liability
正确答案：B
第四章
1、merger对应
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 pany receive shares of the surviving corporation.
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:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
正确答案：A
2、acquisition对应
A:the obtaining of controlling interest in a pany
B:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
C:The acquisition of control or possession (as of a corporation)
D: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.
正确答案：A
3、bankruptcy对应
A:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
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 pany receive shares of the surviving corporation.
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:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
正确答案：A
4、director对应
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: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: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.
正确答案：
5、dissolve对应
A:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
B:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
C:To bring to an end by taking care of unfinished business
D:The acquisition of control or possession (as of a corporation)
正确答案：A
6、fiduciary对应
A:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
B:The acquisition of control or possession (as of a corporation)
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 obtaining of controlling interest in a pany
正确答案：C
7、insolvency对应
A:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
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: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:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
正确答案：C
8、liquidate对应
A:the obtaining of controlling interest in a pany
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 pany 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:To determine the liabilities and apportion the assets of esp. in bankruptcy or dissolution
正确答案：D
9、takeover对应
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 acquisition of control or possession (as of a corporation)
C:Ending of a partnership relationship caused by the withdrawal of one of the partners from the relationship
D: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.
正确答案：B
10、wind up对应
A:To bring to an end by taking care of unfinished business
B:n. the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
C: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 pany receive shares of the surviving corporation.
D:n. a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members.
正确答案：A
11、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)”.
A:good faith
B:legal personality
C:vindicated
D:shareholders
正确答案：B
12、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 pany 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,
A:shareholders
B:dividends
C:exclusion
D:Directors
正确答案：A
13、(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4).（3）为
A:dividends
B:exclusion
C:Directors
D:creditors
正确答案：D
14、(3) and directors. Since the board of directors habitually possesses the power to manage the business under a (4).（4）为
A:good faith
B:vindicated
C:pany constitution
D:Directors
正确答案：C
15、UK law is “shareholder friendly” in that shareholders, to the (5) of employees,
A:exclusion
B:Directors
C:vindicated
D:creditors
正确答案：A
16、typically exercise sole (6) in the general meeting.
A:exclusion
B:voting rights
C:Directors
D:creditors
正确答案：B
17、(7) must carry out their responsibilities with petence,
A:Directors
B:creditors
C:exclusion
D:vindicated
正确答案：A
18、 in (8) and undivided loyalty to the enterprise.
A:good faith
B:vindicated
C:shareholders
D:dividends
正确答案：A
19、particularly for minority shareholders, directors’ duties and other member rights may be (9) in court. Of central importance in public and listed panies is the securities market. The UK strongly protects the right of shareholders to be treated equally and freely trade their shares.
A:pany constitution
B:exclusion
C:vindicated
D:creditors
正确答案：C
20、Corporate finance concerns the two money raising options for limited panies. Equity finance involves the traditional method of issuing shares to build up a pany’s capital. Shares can contain any rights the pany and purchaser wish to contract for, but generally grant the right to participate in (10) after a pany earns profits and the right to vote in pany affairs.
A:dividends
B:exclusion
C:Directors
D:creditors
正确答案：A
第五章
1、offer对应
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:in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.
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:referring to a statute, contract, ruling or anything which is null and of no effect.
正确答案：A
2、acceptance对应
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:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.
C:being able to perform any gainful employment
D:Purpose/goal
正确答案：B
3、binding对应
A:Imposing a legal obligation
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:Purpose/goal
正确答案：A
4、breach对应
A:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
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:be obedient to
正确答案：A
5、capacity对应
A: being able to perform any gainful employment
B: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.
C:referring to a statute, contract, ruling or anything which is null and of no effect.
D:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
正确答案：A
6、discharge对应
A:in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.
B: 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.
C:referring to a statute, contract, ruling or anything which is null and of no effect.
D:Purpose/goal
正确答案：A
7、revoke对应
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:referring to a statute, contract, ruling or anything which is null and of no effect.
C: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.
D:being able to perform any gainful employment
正确答案：A
8、void对应
A:referring to a statute, contract, ruling or anything which is null and of no effect.
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:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
正确答案：A
9、intention对应
A:the act of failing to perform one’s agreement, breaking one’s word, or otherwise actively violating one’s duty to other.
B:Purpose/goal
C:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.
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.
正确答案：B
10、consent对应
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:being able to perform any gainful employment
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.
正确答案：A
11、A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement.（1）为
A:Enforceable
B:Binding
C:Duress
D:Capacity
正确答案：A
12、A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement.（2）为
A:Offer
B:Binding
C:Acceptance
D:Misrepresentation
正确答案：B
13、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
A:Consideration
B:Offer
C:Acceptance
D:Mistake
正确答案：ABC
14、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.
A:Offer
B:Acceptance
C:Misrepresentation
D:Capacity
正确答案：D
15、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.
A:Duress
B:Binding
C:Misrepresentation
D:Mistake正确答案：C
16、A (8) is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement.
A:Acceptance
B:Mistake
C:Misrepresentation
D:Duress
正确答案：B
17、(9) has been defined as a “threat of harm made to pel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to pel a manifestation of seeming assent by another person to a transaction without real volition.
A:Enforceable
B:Binding
C:Duress
D:Capacity
正确答案：C
第六章
1、grant对应
A: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
B:A law enacted by the legislative branch of a government
C:To encroach upon in a way that violates law or the rights of another
D:To permit as a right or privilege
正确答案：D
2、Patent对应
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: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
正确答案：C
3、Statute对应
A:An equitable remedy in the form of a court order pelling a party to do or refrain from doing a specified act
B:A law enacted by the legislative branch of a government
C:The act or process of distributing
D:To cause to take effect or to be fulfilled
正确答案：B
4、Moral right对应
A:rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some mon law jurisdictions.
B:Exclusive control of a particular market that is marked by the power to control prices and exclude petition and that esp. is developed willfully rather than as the result of superior products or skill
C:To cause to take effect or to be fulfilled
D:Required or pelled by law: mandatory, obligatory
正确答案：A
5、Monopoly对应
A:To encroach upon in a way that violates law or the rights of another
B:o make public or offer for sale (goods or services) with intent to deceive
C:Exclusive control of a particular market that is marked by the power to control prices and exclude petition and that esp. is developed willfully rather than as the result of superior products or skill
D:The act or process of distributing
正确答案：C
6、Trademark对应
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:To make public or offer for sale (goods or services) with intent to deceive
C:To permit as a right or privilege
D:A law enacted by the legislative branch of a government
正确答案：A
7、Infringe对应
A:The act or process of distributing
B:An equitable remedy in the form of a court order pelling a party to do or refrain from doing a specified act
C:a position of leadership
D:To encroach upon in a way that violates law or the rights of another
正确答案：D
8、Compulsory对应
A:To encroach upon in a way that violates law or the rights of another
B:Required or pelled by law: mandatory, obligatory
C:An equitable remedy in the form of a court order pelling a party to do or refrain from doing a specified act
D:The act or process of distributing
正确答案：B
9、enforce对应
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:To permit as a right or privilege
D:A law enacted by the legislative branch of a government
正确答案：A
10、distribution
A:A law enacted by the legislative branch of a government
B:The act or process of distributing
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 encroach upon in a way that violates law or the rights of another
正确答案：B
11、Injunction对应
A:An equitable remedy in the form of a court order pelling a party to do or refrain from doing a specified act
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 encroach upon in a way that violates law or the rights of another
D:rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some mon law jurisdictions.
正确答案：A
12、Pass off对应
A:To make public or offer for sale (goods or services) with intent to deceive
B:To encroach upon in a way that violates law or the rights of another
C:To permit as a right or privilege
D:A law enacted by the legislative branch of a government
正确答案：A
13、Intellectual property (IP) refers to creations of the intellect for which a (1) is assigned to designated owners by law.
A:Monopoly
B:criminal law
C:granted
D:infringement
正确答案：A
14、 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.
A:original
B:granted
C:disclosure
D:copyright
正确答案：B
15、A (3) is a form of right granted by the government to an inventor,
A:original
B:copyright
C:exclude
D:patent
正确答案：D
16、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.
A:industrial applicability
B:Violation
C:exclude
D:disclosure
正确答案：C
17、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).
A:trademark
B:industrial applicability
C:exclude
D:distinguishes
正确答案：B
18、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
A:recognizable
B:infringement
C:copyright
D:granted
正确答案：C
19、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
A:original
B:patent
C:Monopoly
D:granted
正确答案：A
20、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
A:exclude
B:trademark
C:patent
D:violation
正确答案：B
21、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
A:distinguishes
B:recognizable
C:disclosure
D:Violation
正确答案：B
22、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
A:exclude
B:distinguishes
C:patent
D:original
正确答案：B
23、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.
A:disclosure
B:patent
C:exclude
D:copyright
正确答案：A
24、(12) of intellectual property rights,
A:industrial applicability
B:Violation
C:infringement
D:granted
正确答案：B
25、called “(13)” with respect to patents, copyright, and trademarks, and “misappropriation” with respect to trade secrets,
A:copyright
B:infringement
C:exclude
D:patent
正确答案：B
26、may be a breach of civil law or (14), depending on the type of intellectual property involved, jurisdiction, and the nature of the action.
A:Monopoly
B:criminal law
C:granted
D:infringement
正确答案：B
第七章
1、Adverse Possession:对应
A:Method of acquiring ownership to real property by possession for a statutory time period.
B: Conveyance of real property by means of a last will and testament.
C: Estate of real property with infinite duration and no restrictions on use.
D:Having or exhibiting equity: dealing fairly and equally
正确答案：A
2、Appropriation:对应
A:Conveyance of real property by means of a last will and testament.
B:Estate of real property with infinite duration and no restrictions on use.
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:Doctrine that states that water belongs to the person who first makes beneficial use of it.
正确答案：D
3、Conveyance:对应
A:Transfer of title or ownership to real property from one person to another by deed.
B:Having or exhibiting equity: dealing fairly and equally
C:An item of tangible or intangible personal property
D:Method of acquiring ownership to real property by possession for a statutory time period.
正确答案：A
4、Devise:对应
A: Conveyance of real property by means of a last will and testament.
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:Having or exhibiting equity: dealing fairly and equally
正确答案：A
5、Fee Simple Absolute:对应
A:Having or exhibiting equity: dealing fairly and equally
B:Estate of real property with infinite duration and no restrictions on use.
C:Doctrine that states that water belongs to the person who first makes beneficial use of it.
D:An item of tangible or intangible personal property
正确答案：B
6、mortgage对应
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:An item of tangible or intangible personal property
C:Having or exhibiting equity: dealing fairly and equally
D:Conveyance of real property by means of a last will and testament.
正确答案：A
7、equitable对应
A:Doctrine that states that water belongs to the person who first makes beneficial use of it.
B:Transfer of title or ownership to real property from one person to another by deed.
C:Having or exhibiting equity: dealing fairly and equally
D:Estate of real property with infinite duration and no restrictions on use.
正确答案：C
8、chattel对应
A:Method of acquiring ownership to real property by possession for a statutory time period.
B:Doctrine that states that water belongs to the person who first makes beneficial use of it.
C:An item of tangible or intangible personal property
D: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
正确答案：C
9、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 mon 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
A:tenancy
B:corresponds
C:movable
D:ownership
正确答案：D
10、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 mon 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
A:tenancy
B:corresponds
C:movable
D:ownership
正确答案：A
11、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 mon 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
A:tenancy
B:corresponds
C:movable
D:ownership
正确答案：C
12、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 mon 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.
A:tenancy
B:corresponds
C:movable
D:ownership
正确答案：B
第八章
1、Renvoi
A:a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
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
正确答案：B
2、forum对应
A:Judicial body or assembly
B:the status or attribution of being a permanent resident in a particular jurisdiction
C:a practice among different political entities (as countries, states, or courts of different jurisdictions)” involving the “mutual recognition of legislative, executive, and judicial acts
D:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
正确答案：A
3、Characterisation对应
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:the act or process of following in order or sequence.
C:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
D:classification and as qualification
正确答案：D
4、Public policy对应
A:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
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:Act of sending back, reference
D:classification and as qualification
正确答案：B
5、 Jurisdiction对应
A:the practical authority granted to a legal body to administer justice within a defined area of responsibility,
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:Judicial body or assembly
D:the status or attribution of being a permanent resident in a particular jurisdiction
正确答案：A
6、 Comity对应
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:the act or process of following in order or sequence.
正确答案：B
7、Domicile对应
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: the act or process of following in order or sequence.
正确答案：A
8、Succession对应
A:a technique for the resolution of disputes outside the courts.
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:the act or process of following in order or sequence.
正确答案：D
9、arbitration对应
A:a technique for the resolution of disputes outside the courts.
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:Act of sending back, reference
正确答案：A
10、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
A:title
B:procedural
C:litigation
D:legal issues
正确答案：B
11、 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
A:litigation
B:legal issues
C:residence
D:substantive
正确答案：B
12、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
A:legal issues
B:residence
C:substantive
D:capacity
正确答案：B
13、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
A:substantive
B:procedural
C:capacity
D:litigation
正确答案：C
14、the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5), （5）为
A: title
B:procedural
C:litigation
D:legal issues
正确答案：A
15、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 bee a more mon choice. （6）为
A:procedural
B:litigation
C:legal issues
D:substantive
正确答案：B
16、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 bee a more mon choice. （7）为
A:capacity
B:legal issues
C:substantive
D:procedural
正确答案：C