?第1章 單元測(cè)試

1、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）處分別為

答案：Common law、Civil law

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

答案：Common law

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

答案：decision

4、Alongside, every system will have a (5) that? passes new laws and (6) . （5）處為

答案：Legislature

5、Alongside, every? system will have a (5) that passes new laws and (6) .? （6）處為

答案：Statute

6、statute對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：A law enacted by the? legislative branch of a government

7、provision對(duì)應(yīng)下列選項(xiàng)為

答案：A? stipulation made as a clause in a statute or contract made? beforehand.

8、code對(duì)應(yīng)下列選項(xiàng)為

答案：A systematic compilation or revision? of law or legal principles that is arranged esp. by? subject

9、legislature對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：A body of persons having the? power to legislate

10、precedent對(duì)應(yīng)下列選項(xiàng)為？

答案：A judicial decision? that should be followed by a judge when deciding a later similar? case

11、substantive law對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：Law that creates or defines? rights, duties, obligations, and causes of action that can be enforced by? law

12、prosecute對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：To institute and carry forward legal? action against for redress or esp. punishment of a crime

13、procedural? law對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：law that prescribes the procedures and methods for? enforcing rights and duties and for obtaining redress.

第2章? 單元測(cè)試

1、Advocacy對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：The profession or work of an advocate;? the action of advocating, pleading for, or supporting a cause or? proposal

2、Allegation對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：Statement in a? pleading

3、Attorney對(duì)應(yīng)下列哪個(gè)選項(xiàng)?

答案：A person authorized to act on? another’s behalf; esp lawyer

4、Civil law對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：a body of? laws and legal concepts which come down from old Roman laws established by? Emperor Justinian

? ? ? ? ? ? ? ? ? ? ?

5、Defendant對(duì)應(yīng)下列哪個(gè)選項(xiàng)?

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對(duì)應(yīng)下倆哪個(gè)選項(xiàng)？

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、Draft對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

答案：to prepare and sign a bill of exchange? or check.

8、judgment對(duì)應(yīng)下列哪個(gè)選項(xiàng)？

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）處為

答案：Jurisdictions

10、They can each do (2), (3) and give? written advice, but (4), unlike (5), cannot appear in every court.? （2）處為

答案：Advocacy

11、They can each do (2) , (3) and give written? advice, but (4) , unlike (5) , cannot appear in every court.? （3）處應(yīng)為

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）處為

答案：solicitors

13、They can each do (2) , (3) and give written? advice, but (4) , unlike (5) , cannot appear in every court.? （5）處應(yīng)為

答案：barristers

14、(6) mostly specialise in courtroom? advocacy and litigation. （6）處應(yīng)為

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）處應(yīng)為

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）處應(yīng)為

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）處為

? ? ? ? ? ? ? ? ? ? ?

答案：judge

18、The? judge is supposed to conduct the trial (10) and in an open court.? （10）處應(yīng)為

答案：impartially

19、The judge (11) all the witnesses and any? other evidence presented by the barristers of the case? （11）處應(yīng)為

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）處應(yīng)為

答案：assess

21、the judge’s powers may be? shared with a (13)（13）應(yīng)為

答案：3 percent

22、In (14) of criminal? investigation, a judge might also be an examining magistrate.? （14）為

答案：inquisitorial system

第3章? 單元測(cè)試

1、defamation對(duì)應(yīng)下列

答案：the act of making untrue statements about? another which damages his/her? reputation.

2、negligence對(duì)應(yīng)

答案：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.

3、remedy對(duì)應(yīng)

答案：the means to achieve justice in any matter in? which legal rights are involved.

4、tort對(duì)應(yīng)

答案：from French for? “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from? which injury occurs to another.

5、tortfeasor對(duì)應(yīng)

答案：n. a person who? commits a tort (civil wrong), either intentionally or through? negligence.

6、trespass 對(duì)應(yīng)

答案：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.

7、terminate對(duì)應(yīng)

答案：To come to an end in time or? effect

8、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）為

答案：tortfeasor

9、The (2) of the harm can recover their loss as? damages in a lawsuit. In order to prevail （2）為

答案：victim

10、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）為

答案：plaintiff

? ? ? ? ? ? ? ? ? ? ?

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）為

答案：physical

12、While many torts are the result of negligence,? tort law also recognizes (5) torts （5）為

答案：intentional

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）為

答案：strict liability

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）為

答案：recovery

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）為

答案：acquitted

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）為

答案：liable

第4章 單元測(cè)試

1、merger對(duì)應(yīng)

答案：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.

2、acquisition對(duì)應(yīng)

答案：the? obtaining of controlling interest in a? company

3、bankruptcy對(duì)應(yīng)

答案：n. the administration of an insolvent? debtor’s property by the court for the benefit of the debtor’s? creditors

4、director對(duì)應(yīng)

答案：n. a member of the governing board of a? corporation or association elected or re-elected at annual meetings of the? shareholders or members.

5、dissolve對(duì)應(yīng)

答案：Ending of a partnership? relationship caused by the withdrawal of one of the partners from the? relationship

6、fiduciary對(duì)應(yīng)

答案：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.

? ? ? ? ? ? ? ? ? ? ?

7、insolvency對(duì)應(yīng)

答案：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.

8、liquidate對(duì)應(yīng)

答案：To determine? the liabilities and apportion the assets of esp. in bankruptcy or? dissolution

9、takeover對(duì)應(yīng)

答案：The acquisition of control or? possession (as of a corporation)

10、wind up對(duì)應(yīng)

答案：To bring to an? end by taking care of unfinished business

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) “.

答案：legal? personality

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? 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,

答案：shareholders

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

答案：creditors

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

答案：company constitution

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

答案：exclusion

16、typically exercise sole (6) in the? general meeting.

答案：voting rights

17、(7) must carry out their? responsibilities with competence,

答案：Directors

18、in (8) and? undivided loyalty to the enterprise.

答案：good faith

19、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.

答案：vindicated

20、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.

? ? ? ? ? ? ? ? ? ? ?

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