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 combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates inpidual 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 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
正确答案：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
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 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 porce) 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 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 porce) a defendant may be called a respondent.
正确答案：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 porce) 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 porce) 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 porce) a defendant may be called a respondent.
正确答案：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
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：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
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 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.
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 come to an end in time or effect
正确答案：A
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.
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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 come 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 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.
正确答案：B
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
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, 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
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 company 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 company
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 company 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 company
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 company
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: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 company receive shares of the surviving corporation.

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