英美商法练习及答案.docVIP

英美商法模拟试卷 一、 ? 1.Which one is not the source of English Law (???????D???????) A.?case?law;????????B.?legislation;?C.?European?Community?law; D. Chinese Law ? 2.Which one of the following precedents is binding (C?) A. persuasive precedents; B. precedents which have been overruled;? C. higher courts’ decisions;????????D. precedents which have been distinguished;? ? 3.Which one has the highest position in UK? (?C???) A.Crown Court;????????B. high court; C. European Court; D. Court of appeal ? 4.Serious crimes, such as murder and rape, are tried in (??B???) A. High court;????????B. crown court; C. county Court; D. Magistrates’ Courts ? 5.There?are?three?fundamental?rules?relating?to?interpretation, which one is not (?D??) A.?the?literal?rule;?B.?the?golden?rule;?C.?the?mischief?rule; D. none of the above ? 6.What is the binding element in legal decisions? (??A??) A.Ratio decidendi; B. obter dictum; C. Both; D. neither. ? 7.Which of the following disputes must be referred to specialist statutory tribunals? (??A??) A.Unfair dismissal by an employee;??B. Breach a contract; C. recovery of possession proceedings by a landlord against a tenant;??D. None of the above ? 8.Which of the following claims is not exclusive to the jurisdiction of county court? (??D??) A.?recovery?of?possession?proceedings?by a?landlord?against?a?tenant; B.?actions?in?respect?of?consumer?credit?agreements; C.?claims?for?unlawful?racial?and?sexual?discrimination; D. none of the above ? 9.Offers?automatically?terminate?(???C????) A.?where?the?offeree?communicates?rejection?of?the?offer;? B.?where?the?offeree?makes?acounter?offer; C. Both A and B; 10.?Thus?contracts?are?(?A??)??if?created?under?threat?to?prosecute?the?contracting?party,?or spouse?or?close?relative. A.?voidable; B. void; C. valid; 11. Which one of the following contracts may not be in writing? (??D??) A.?bills?of?exchange;?B.?contracts?of?marine?insurance;?C.?contracts?for?the?sale?of?land?D. None of above ? 12 For?defamation?there?are?th