模拟试题2
 
发布时间:2017-04-10 浏览次数:

 

1、            选词填空。

constitutes    possibility    wrongful    duress    threat    damages       

Few areas of the law of contracts have undergone such radical changes in the nineteenth and twentieth centuries as has the law governing duress. In Blackstone’s time relief from an agreement on grounds of duress was a 1 only if it was coerced by actual (not threatened) imprisonment or fear of loss of life or limb. “A fear of battery ... is no2; neither is the fear of having one’s house burned, or one’s goods taken away or destroyed;” he wrote, “because in these cases, should the 3be performed, a man may have satisfaction by recovering equivalent4: but no suitable atonement can be made for the loss of life, or limb.” Today the general rule is that any 5act or threat which overcomes the free will of a party 6duress. This simple statement of the law conceals a number of questions, particularly as to the meaning of “free will” and “wrongful”.

2、            请为下列术语选择合适的英文释义。

A.    criminal-justice system

B.     capacity defense

C.     due process

D.    degree of crime  

E.     duress

(1)              A defense based on the defendant’s inability to be held accountable for an illegal act or the plaintiff’s inability to prosecute a lawsuit (as when the plaintiff was a corporation, but has lost its corporate charter.

(2)              A division or classification of a single crime into several grades of guilt, according to the circumstances surrounding the crime’s commission, such as aggravating factors present or the type of injury suffered.

(3)              The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.

(4)              Strictly, the physical confinement of a person or the detention of a contracting party’s property.  In the field of torts, duress is considered a species of fraud in which compulsion takes the place of deceit in causing injury.

(5)              The collective institutions through which an accused offender passes until the accusa-tions have been disposed of or the assessed punishment concluded.

3、            请将下列汉语句子翻译成英文,注意其中专门术语的表达。

(1)              本法院认为,被告的上述违约事实成立,应当赔偿原告因此而蒙受的损失。

(2)              被告人因本案于201011日被刑事拘留,201021日被逮捕。现被押于北京市第一看守所。

(3)              被告人被拘留后配合海关的调查行为,罪态度较好,主观恶性不大,且不具有从重处罚情节,希望予以从轻处罚。

(4)              关于本案中应当适用的法律,由于本案买卖合同双方的营业地分别位于中华人民共和国和联邦德国,两国都是《联合国国际货物买卖合同公约》(以下简称《公约》)的缔约国,《公约》中的相关规定应适用于本案。

(5)              在本案中,原告主张,被告未依照双方于2006227日签订的合同(以下简称本案合同)交付货物,从而根本违反了合同义务。依据本案合同第9条,被告有义务最迟于2006531日装运合同项下的货物,而被告没有根据该条规定发运任何货物。在2006531日之后,原告也没有发运任何本案合同项下的货物。

4、            请将下列英文句子翻译成汉语,注意其中专门术语的表达。

(1)              As a separate affirmative defense to all purported claims for relief, Defendants allege that Plaintiff’s claims under Complaint are barred by the equitable doctrine of laches.

(2)              I am over the age of eighteen, suffer on legal disabilities, have personal knowledge of the facts set forth below, and am competent to testify.

(3)              The Tribunal finds that the quantity of the Goods under the Contact is 4000mts according to Clauses 3 and 4 of the Contract. The Tribunal decides that the tolerance allowed by Clause 4 and Clause 5 of the Contract is only applied to the Goods actually shipped. The Respondent did not deliver the Goods according to the Contract, so the tolerance of the Contract is not applied and the damages should be assessed on the basis of 4,000mts.

(4)              If the defendant does not accept this judgment, he may, within 10 days between the second and tenth day from the day after receiving this Judgment, appeal either through this court or directly appeal to the High People's Court of Shanghai. A written appeal should be submitted with one original and two copies.