涉外法治英語結(jié)業(yè)考查試卷(每題2分,共50題)
1. “涉外法治”的英文表述?
Foreign-related Rule by Law
Rule Foreign Affairs with Law
Foreign-related Rule of Law
Foreign Affairs in Law
2. What does bona fide mean?
In good faith
By force of law
Let the buyer beware
The thing speaks for itself
3. What does prima facie mean?
At first sight
Beyond a reasonable doubt
The law does not concern itself with trifles
A person bringing a lawsuit
4. Who is responsible for ensuring the performance of the Principal Debtor’s obligations?
Beneficiary
Covenantor
Guarantor
Indemnitor
5. If a clause in the agreement is deemed invalid, what ensures the rest remains enforceable?
Indemnity
Severability
Subrogation
Waiver of Defenses
6. The guarantee shall remain in force ___ the entire term of the contract.
by
at
for
with
7. The Covenantor agrees to indemnify the Beneficiary ___ any losses incurred.
from
by
of
against
8. Payments must be made ___ deduction for any taxes.
without
with
under
through
9. Liability arises only ___ receipt of a written demand by the Beneficiary.
on
upon
in
after
10. The agreement is subject ___ termination by mutual consent.
on
to
for
of
11. "The tribunal ______ the authority to determine its own jurisdiction."
has
is vested with
possesses by
12. The defendant ______ that the contract ______ under duress, otherwise the court ______ it as written.
must prove / signed / may enforce
must prove / was signed / may enforce
proves / had signed / must enforce
is proved / was signing / shall enforce
13. Since the intellectual property rights ______ in time, the infringement claim ______ by the judge last week.
had not been registered / was dismissed
was not registered / is dismissed
has not been registered / will be dismissed
did not register / had been dismissed
14. No damages ______ unless the plaintiff ______ that the harm ______ by the defendant’s gross negligence.
are awarded / demonstrate / causes
shall be awarded / demonstrates / was caused
will be awarded / has demonstrated / is caused
be awarded / demonstrated / had been caused
15. Unless otherwise ______ by the parties, the seat of arbitration ______ to be London, and all proceedings ______ in English.
agree / is deemed / are conducted
agreeing / will deem / are conducted
agreed / shall be deemed / shall be conducted
had agreed / deems / conducting
16. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States..." 的正確翻譯是:
所有出生在美國的個(gè)體,自動享有全部政治權(quán)利。
所有出生或依法歸化并受其司法轄權(quán)者,皆為美國公民。
所有居住在美國的外國人,也自動成為美國公民。
所有美國出生的人均為美國州長的直屬管轄對象。
17. 下列哪一句最準(zhǔn)確翻譯了 "nor deny to any person within its jurisdiction the equal protection of the laws"?
所有州應(yīng)立法保障本地居民優(yōu)先權(quán)。
各州不得剝奪本州居民的基本權(quán)利。
各州不得拒絕其管轄范圍內(nèi)任何人享有法律上的平等保護(hù)。
聯(lián)邦法院有義務(wù)干預(yù)所有州內(nèi)立法程序。
18. Which of the following best translates the legal reasoning in "The Court ruled racial segregation in public schools unconstitutional based on the Equal Protection Clause of the 14th Amendment"?
最高法院認(rèn)為“隔離但平等”符合法律原則。
最高法院依據(jù)平等保護(hù)條款,裁定公立學(xué)校種族隔離違憲。
最高法院拒絕討論公立教育制度的公平性問題。
最高法院維持先前判例,允許有限的種族隔離。
19. Roe v. Wade 案中,哪一句最貼近原文邏輯:"Based on the Due Process Clause of the 14th Amendment, the Court recognized a woman's right to terminate her pregnancy"?
法院基于正當(dāng)程序條款,確認(rèn)了女性終止妊娠的權(quán)利。
法院基于平等保護(hù)條款,保障婦女教育權(quán)利。
法院認(rèn)定胎兒不享有憲法上的生命權(quán)。
法院駁回案件,認(rèn)為憲法不涉及醫(yī)療問題。
20. 以下哪項(xiàng)最準(zhǔn)確翻譯了:"No person shall hold office if having previously sworn to support the Constitution and then engaged in insurrection"?
任何未宣誓的人皆不得擔(dān)任政府職務(wù)。
任何曾參與叛亂的人,除非總統(tǒng)特赦,否則不得從政。
曾宣誓擁護(hù)憲法卻參與叛亂者,不得擔(dān)任公職。
所有南方軍官自動失去美國公民資格。
21. “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” 的最貼切翻譯是:
國會可通過任何必要手段廢除本修正案。
國會有權(quán)解釋和修改本修正案。
國會可通過適當(dāng)立法執(zhí)行本修正案規(guī)定。
各州可立法擴(kuò)大本修正案的約束范圍。
22. Which of the following best translates the sentence into Chinese?
“Where the consumer cancels the contract, the seller shall refund the payment within 14 days.”
如果消費(fèi)者取消合同,賣方應(yīng)在14日內(nèi)退款。
由于消費(fèi)者取消合同,賣方可以選擇是否退款。
賣方可在14日后退款,只要合同未簽署。
在合同簽署前,賣方有義務(wù)退款。
23. Which sentence best preserves the original meaning of the following sentence?
“The regulation shall not apply, save for Article 10.”
Article 10 is included in the regulation’s application.
Article 10 is excluded from the regulation’s application.
All provisions of the regulation are repealed, including Article 10.
The regulation only applies to Article 10.
24. "A contractor is required to provide a certificate of insurance and a bond." Which of the following is a correct interpretation of the requirement?
The contractor must provide at least one of the two documents.
The contractor must provide both documents.
The contractor may choose whether to provide the certificate or the bond.
The contractor is not required to provide either document.
25. "The buyer may terminate the agreement if the seller fails to deliver the goods on time or if the goods are defective." Which of the following is most accurate?
The buyer may terminate only if both conditions occur.
The buyer must wait until the goods are both late and defective.
The buyer may terminate if either condition occurs.
The buyer may not terminate unless the seller agrees.
26. "The tenant shall not assign or sublease the premises without the prior written consent of the landlord." Which of the following best describes the effect of this clause?
The tenant may sublease even without the landlord's consent, as long as there is no assignment.
The tenant may assign the lease if they do not sublease.
The clause is ambiguous and therefore unenforceable.
The tenant must get consent for either assigning or subleasing.
27. Which of the following is the correct English term for “控罪不得重疊”?
The rule against repetition
The rule against double jeopardy
The rule against duplicity
The principle of singular charge
28. Which of the following best translates “正當(dāng)程序條款” in the context of the 14th Amendment?
Due process clause
Procedural justice clause
Legal fairness provision
Substantive rights rule
29. The “Equal Protection Clause” of the 14th Amendment is best translated as:
同等處罰條款
平等保護(hù)條款
公正審理?xiàng)l款
權(quán)利保障條款
30. Which case overturned the "separate but equal" doctrine and ruled school segregation unconstitutional?
Plessy v. Ferguson
Roe v. Wade
Brown v. Board of Education
Griswold v. Connecticut
31. Which of the following best translates "Civil Rights Act of 1964"?
1964年憲法修正案
1964年平等法案
1964年民權(quán)法案
1964年反歧視法案
32. The case "Roe v. Wade" (1973) is best known for establishing:
Equal access to public schools
The right to remain silent
The constitutional right to abortion
The right to jury trial in civil cases
33. Which term is the most appropriate translation of “insurrection” in the context of Section 3 of the 14th Amendment?
暴力抗議
非法集會
叛亂
謀反組織
34. When may multiple acts of money laundering be charged in a single count?
When they occur within a short period
When each act involves the same currency
When they happen across several jurisdictions
When they are linked as part of one criminal enterprise
35. Which of the following may indicate a risk of injustice to the defendant?
The prosecution withholds physical evidence
The jury is not sequestered
The defence faces conflicting allegations within one count
The defendant pleads not guilty
36. How can a court justify aggregating multiple acts in one charge without unfairness?
By applying suitable trial management measures
By offering the defendant a lighter sentence
By allowing expert testimony from both sides
By limiting the number of charges to two
37. What factor led the court to approve aggregation in a particular case?
The defendant had legal representation throughout
The acts shared a unified purpose of concealment
The trial was completed in a timely manner
The prosecution had foreign bank records
38. 下列哪項(xiàng)是“the undersigned (“Covenanter”) of XXX as primary obligor and not merely as surety”最準(zhǔn)確的翻譯?
簽署人(“承諾人”)為XXX的主債務(wù)人,而非僅為保證人。
簽字人(“保證人”)是XXX的擔(dān)保人,不承擔(dān)主債務(wù)責(zé)任。
該簽署人作為XXX的次債務(wù)人,僅承擔(dān)輔助保證責(zé)任。
簽字方(“保證人”)僅承擔(dān)合同附帶責(zé)任。
39. 句中“hereby irrevocably and unconditionally guarantees and will procure, punctual payment to you” 的最佳譯法是?
特此無條件不可撤銷地保證并促使準(zhǔn)時(shí)付款給您。
現(xiàn)保證,條件可變且視情況而定,盡力催促付款。
特此有條件保證付款,但可根據(jù)情況調(diào)整。
承諾盡可能地按時(shí)付款,但不保證必定付款。
40. “all moneys which are now or may at any time hereafter be or become from time to time due or owing to you by the Customer anywhere” 中“from time to time”的含義最接近哪項(xiàng)?
一次性
不定期
按月
年度固定
41. “whether on any account or otherwise in any manner whatsoever (in all cases whether alone or jointly with any other person...)”的恰當(dāng)翻譯是?
無論因何原因或任何方式(無論單獨(dú)或與他人共同)
僅限于單獨(dú)責(zé)任,不包括合伙責(zé)任
僅適用于合同規(guī)定的賬戶
僅適用于與客戶相關(guān)的交易
42. 關(guān)于“including (without limitation) the amount of any loans, acceptances, deferred payments or other credits or advances made to the Customers or others...”這部分,哪種表達(dá)最準(zhǔn)確?
僅限貸款、承兌和延期付款,不包括其他款項(xiàng)。
只涉及客戶的貸款,不涉及第三方。
僅涉及現(xiàn)金貸款和即時(shí)支付款項(xiàng)。
包括但不限于貸款金額、承兌、延期付款及其他向客戶或第三方提供的信貸或預(yù)付款項(xiàng)。
43. The cargo was arrested ______ a warrant of arrest.
under
for
by
through
44. The warrant was issued ___ this court.
by
from
to
on
45. The shipowner failed to respond ______ time.
for
in
within
on
46. The applicant launched the present proceedings ______ a matter of urgency.
in
with
on
as
47. The urgency arises ______ the fact that the vessel was about to leave.
from
for
by
because
48. The tribunal set aside the award due to serious irregularities, especially the lack of notice ______ the respondent.
for
of
from
to
49. There was also excess ______ jurisdiction.
in
beyond
of
over
50. The tribunal ignored key evidence, thus violating the principle of ______.
causation
due process
mens rea
strict liability
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