11法律英语阅读模拟试卷.docVIP

I. Translate the following legal terms into English. 20 points 1. 默示合同 2. 法律推定 3. 反诉 4. 制衡原则 5. 上诉管辖权 6. 举证责任 7. 不当得利 8. 流通票据 9. 替代送达 10. 一事不再理 II. Of the following four choices marked A, B, C, and D, only one is the best. Please choose it 20 points A warrant is a writ or paper issued by a judge or magistrate that allows the police to arrest a person or search a place. a written guarantee, issued to the purchaser of an article by its manufacturer, promising to repair or replace it if necessary within a specified period of time. a person who is an example of what not to do. a person who gives a warranty. A subpoena is issued by court to make a judgment of a civil case. the verdict agreed by the majority members of the jury. a written order issued by court that requires a person to appear in a law-court. a written order by court to make a decision as to the validity of the evidence provided by a party in a law-court. Res judicata is the principle that the occurrence of an accident implies negligence if circumstances were such that it would not ordinarily otherwise have happened. a rule that a matter once judicially decided is finally and conclusively decided and can not be re-litigated. the doctrine which holds that an employer or principal is responsible for the acts and omissions of employees or agents, when those acts are within the scope of their duties as employees or agents. a matter incidental to the main or principal fact which helps explain that fact. Which of the following is Not the factor of a contract? payment offer; consideration; meeting of minds; The general purpose of the Uniform Commercial Code “UCC” is to protect the consumer. protect the merchant who deals in goods. standardize commercial law and facilitate commercial transactions. protect parties from entering into unconscionable contracts. A criminal proceeding is a civil wrong by one person against another person. one brought by the government to enforce a contract between a mi