私法英语表达 知到智慧树答案2024 z5762

第一章 单元测试

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）处分别为

A Common law
B Civil law
C Statute
D Legislature
E decision
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
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
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
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
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
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.
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 compilation or revision of law or legal principles that is arranged esp. by subject
D  A law enacted by the legislative branch of a government
答案  A systematic compilation 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 compilation or revision of law or legal principles that is arranged esp. by subject
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
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
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
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
答案  law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress.

第二章 单元测试

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

13、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
答案  barristers

14、(6) mostly specialise in courtroom advocacy and litigation.（6）处应为

A solicitors
B barristers
C tribunal
D Advocacy
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
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
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
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
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
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
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
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
答案  inquisitorial system

第三章 单元测试

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

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

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 come to an end in time or effect
答案  from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.

5、tortfeasor对应

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

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 come to an end in time or effect
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对应

A the means to achieve justice in any matter in which legal rights are involved.
B  To come 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.
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）为

A victim
B tortfeasor
C intentional
D physical
答案  tortfeasor

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
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）为

A strict liability
B acquitted
C plaintiff
D liable
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）为

A intentional
B physical
C injuries
D liable
答案  physical

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
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）为

A recovery
B strict liability
C physical
D plaintiff
答案  recovery

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
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）为

A strict liability
B acquitted
C liable
D injuries
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）为

A physical
B liable
C  acquitted
D strict liability
答案  acquitted

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