国际商法（留学生）答案-中国大学慕课

Week One

Legal system

1、If you were prosecuted for the following offences which kind of court would you have to appear in? a)Armed robbery b)Exceeding the speed limit c)Shop lifting (theft) d)Murder e)Serious fraud f)Not having a TV licence
    A、Criminal Court
    B、Civil Court
    C、Administrative Court
    D、the supreme Court

2、What kind of court would you go to to deal with the following issues? a) To claim your money back from a trader who sold you faulty goods b) To get a divorce c) To resolve a dispute about a will d) To gain repossession of a property you own where the tenant is no longer paying the rent
    A、Criminal Court
    B、Civil Court
    C、Administrative Court
    D、Supreme Court

3、Who decides whether someone who has been arrested should be prosecuted?
    A、The police
    B、The Crown Prosecution Service
    C、The Magistrates
    D、A barrister

4、If you require legal representation in the crown court how would you get a lawyer to represent you?
    A、Ask a barrister to represent you
    B、Ask a solicitor to represent you
    C、Ask a solicitor to instruct a barrister to represent you
    D、Ask the judge to appoint a legal representative for you.

5、Who presides in a crown court?
    A、A magistrate
    B、A judge
    C、A barrister
    D、A solicitor

6、Which of the following could not sit on a jury?
    A、A police officer
    B、A police officer
    C、A solicitor
    D、A social worker

7、Which of the following is not the job of the judge in a criminal trial in a crown court?
    A、To decide what sentence the accused should receive if guilty
    B、To decide if the accused is guilty or not
    C、To sum up the evidence presented by both sides
    D、To present evidence on behalf of the prosecution

Week Two

Legal system 作业

1、

2、

Legal practitioners 作业

1、

2、

Week Three

Tort

1、The occupier of a building, such as a retailer or a bank, is often liable for the safety of any visitor to those (1)…
    A、grounds
    B、locations
    C、sites
    D、premises

2、The tort of (2)… is the tort of interfering with another person’s right to the enjoyment of his or her own land.
    A、nuisance
    B、noise
    C、annoyance
    D、sound

3、The (3)..party sued the party in breach for damages of $ 14,000.
    A、damaged
    B、breached
    C、injured
    D、offended

4、Any unpaid amount will (4)… interest at a rate of 5.5%.
    A、Accumulate
    B、bear
    C、grow
    D、acquire

5、You have not paid the rent for three months and you must leave these (5)… immediately.
    A、Property
    B、sites
    C、places
    D、premises

6、Which of the following is a principle of defamation?
    A、Duty of care breached
    B、Statement refers to the plaintiff
    C、The defendant committed an act/omission which caused inconvenience to the plaintiff
    D、Absolute Privilege

7、Case Study: A pedestrian crossed a road without looking, and consequently was hit by a speeding car. The pedestrian sued the driver for negligence. What defence may the driver use?
    A、Remoteness of Damage
    B、Absolute Privilege
    C、Legalised by prescription
    D、Contributory Negligence

tort 作业

1、

2、

Week Four - Week Five

Company law 作业

1、

Week Six - Week Seven

Company law 作业2

1、

Week Eight - Week Nine

Contract law

1、

Week Ten - Week Eleven

Contract law作业2

1、

Week Twelve - Week Thirteen

Intellectual property law 作业

1、Directions: Cloze: fill in the blank with the words in the left column. A. Monopoly B. criminal law C. granted D. infringement E. industrial applicability F. Violation G. disclosure H. distinguishes I. recognizable J. trademark K. original L. copyright M. exclude N. patent Intellectual property (IP) refers to creations of the intellect for which a (1) is assigned to designated owners by law. Intellectual property rights (IPRs) are the protections (2)to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual property.A (3) is a form of right granted by the government to an inventor, giving the owner the right to (4) others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfil three main requirements: it has to be new, not obvious and there needs to be an (5).A (6) gives the creator of an (7) work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.A (8) is a (9) sign, design or expression which (10) products or services of a particular trader from the similar products or services of other traders.The stated objective of most intellectual property law is to "Promote progress." By exchanging limited exclusive rights for (11) of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work.(12) of intellectual property rights, called "(13)" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or (14), depending on the type of intellectual property involved, jurisdiction, and the nature of the action.

Week Fourteen - Week Fifteen

Property Law作业

1、Directions: Cloze: fill in the blank with the words in the left column. A.tenancy B.corresponds C.movable D.ownership Property law is the area of law that governs the various forms of (1) and (2) in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between (3) and immovable property. Movable property roughly (4) to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

2、Directions: match the term in the left column with the definition in the right column. (1)Adverse Possession: H.Method of acquiring ownership to real property by possession for a statutory time period. G.Doctrine that states that water belongs to the person who first makes beneficial use of it. F.Transfer of title or ownership to real property from one person to another by deed. A. Conveyance of real property by means of a last will and testament. B. Estate of real property with infinite duration and no restrictions on use. C. A conveyance of title to property that is given to secure an obligation and that is defeated upon payment or performance according to stipulated terms D. Having or exhibiting equity: dealing fairly and equally E. An item of tangible or intangible personal property (2)Appropriation: (3)Conveyance: (4)Devise: (5)Fee Simple Absolute: (6)mortgage (7)equitable (8)chattel

Week Sixteen

Conflict of laws 作业

1、Directions: match the term in the left column with the definition in the right column. (1) forum (2) Renvoi (3) Characterisation (4) Public policy (5) Jurisdiction (6) Comity (7) Domicile (8) Succession (9) arbitration A. the status or attribution of being a permanent resident in a particular jurisdiction B. a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial acts C. the practical authority granted to a legal body to administer justice within a defined area of responsibility, D. the act or process of following in order or sequence. E. a technique for the resolution of disputes outside the courts. F. the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs. G. classification and as qualification H. Act of sending back, reference I.Judicial body or assembly

2、Directions: Cloze: fill in the blank with the words in the left column. A. title B.procedural C.litigation D.legal issues E. residence F. substantive G.capacity Courts faced with a choice of law issue have a two-stage process: 1. the court will apply the law of the forum (lex fori) to all (1) matters (including, self-evidently, the choice of law rules); and 2. it counts the factors that connect or link the (2) to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or (3) (lex domicilii) will define legal status and (4), the law of the state in which land is situated (lex situs) will be applied to determine all questions of (5), the law of the place where a transaction physically takes place or of the occurrence that gave rise to the (6) (lex loci actus) will often be the controlling law selected when the matter is (7), but the proper law has become a more common choice.

期末考试

客观题

1、to prepare and sign a bill of exchange or check.
    A、Draft
    B、Plaintiff
    C、defamation
    D、negligence

2、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.
    A、Draft
    B、Plaintiff
    C、defamation
    D、negligence

3、the act of making untrue statements about another which damages his/her reputation.
    A、fiduciary
    B、insolvency
    C、defamation
    D、negligence

4、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.
    A、fiduciary
    B、insolvency
    C、defamation
    D、negligence

5、the means to achieve justice in any matter in which legal rights are involved.
    A、remedy
    B、terminate
    C、merger
    D、bankruptcy

6、To come to an end in time or effect
    A、remedy
    B、terminate
    C、merger
    D、bankruptcy

7、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.
    A、Draft
    B、Plaintiff
    C、merger
    D、bankruptcy

8、the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors
    A、fiduciary
    B、insolvency
    C、merger
    D、bankruptcy

9、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.
    A、fiduciary
    B、insolvency
    C、merger
    D、bankruptcy

10、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.
    A、remedy
    B、terminate
    C、fiduciary
    D、insolvency

11、The occupier of a building, such as a retailer or a bank, is often liable for the safety of any visitor to those (1)…
    A、grounds
    B、locations
    C、sites
    D、premises

12、A company is owned by its shareholders, who are sometimes also referred to as the (2)… of the company.
    A、Members
    B、associates
    C、affiliates
    D、persons

13、In a contract for the sale of goods it is usual to find a retention of (3)…clause, which protects the seller’s ownership of the goods if the buyers does not pay.
    A、title
    B、entitlement
    C、possession
    D、tenure

14、A person who sells his or her intellectual property rights under a contract and therefore completely (4)… those rights to another person is known as an assignor.
    A、moves
    B、transports
    C、shifts
    D、transfers

15、According to your contract of employment you are (5)… to 43 days paid holiday per year.
    A、allowed
    B、entitled
    C、permitted
    D、enabled

16、The tort of (6)… is the tort of interfering with another person’s right to the enjoyment of his or her own land.
    A、nuisance
    B、noise
    C、annoyance
    D、sound

17、If goods delivered under a contract of sale are unacceptable because they are faulty in some way, a lawyer would describe them as ‘(7)…goods’.
    A、broken
    B、problem
    C、out of order
    D、defective

18、According to contract law, an offer can end due to (8) … of time. This means that too much time has passed since the offer was made.
    A、lapse
    B、ending
    C、passing
    D、termination

19、The claimant (9) that the defendant fired her when she informed him that she was going to have a baby.
    A、alleges
    B、accuses
    C、blames
    D、tells

20、Your client has failed to (10) … his obligations under the agreement and is therefore clearly in breach of contract.
    A、do
    B、make
    C、carry out
    D、accomplish

21、The (11)..party sued the party in breach for damages of $ 14,000.
    A、damaged
    B、breached
    C、injured
    D、offended

22、Any unpaid amount will (12)… interest at a rate of 5.5%.
    A、Accumulate
    B、bear
    C、grow
    D、acquire

23、Within a business set up as a partnership the partners have (13) … and several liability for the debts of the business.
    A、Shared
    B、combined
    C、united
    D、joint

24、The judge decided that the contract was void as one of the parties had signed it under (14)…
    A、Force
    B、treat
    C、duress
    D、pressure

25、David Smith was made (15)… last year because the bank where he worked needed to save money in order to survive.
    A、Redundant
    B、laid off
    C、let go
    D、out of work

26、The terms and conditions of hire are (16)… below.
    A、Written
    B、set out
    C、drafted
    D、depicted

27、My client has (17)… high costs in providing his consultancy services to you and expects you to reimburse these costs without further delay.
    A、Spent
    B、incurred
    C、acquired
    D、made

28、When setting up a limited company before October 2009 you had to decide on the maximum amount of share capital that the company could have. This is known as (18)… share capital.
    A、Allowed
    B、permitted
    C、authorized
    D、legitimate

29、You have not paid the rent for three months and you must leave these (19)… immediately.
    A、Property
    B、sites
    C、places
    D、premises

30、She has (20) … her own business for eight years.
    A、operated
    B、run
    C、controlled
    D、handled

31、The (1)..party sued the party in breach for damages of $ 14,000.
    A、damaged
    B、breached
    C、injured
    D、offended

32、Any unpaid amount will (2)… interest at a rate of 5.5%.
    A、Accumulate
    B、bear
    C、grow
    D、acquire

33、Within a business set up as a partnership the partners have (3) … and several liability for the debts of the business
    A、Shared
    B、combined
    C、united
    D、joint

34、The judge decided that the contract was void as one of the parties had signed it under (4)…
    A、Force
    B、treat
    C、duress
    D、pressure

35、David Smith was made (5)… last year because the bank where he worked needed to save money in order to survive
    A、Redundant
    B、laid off
    C、let go
    D、out of work

36、The terms and conditions of hire are (6)… below.
    A、Written
    B、set out
    C、drafted
    D、depicted

37、My client has (7)… high costs in providing his consultancy services to you and expects you to reimburse these costs without further delay.
    A、Spent
    B、incurred
    C、acquired
    D、made

38、When setting up a limited company before October 2009 you had to decide on the maximum amount of share capital that the company could have. This is known as (8)… share capital.
    A、Allowed
    B、permitted
    C、authorized
    D、legitimate

39、You have not paid the rent for three months and you must leave these (9)… immediately.
    A、Property
    B、sites
    C、places
    D、premises

40、She has (10) … her own business for eight years.
    A、operated
    B、run
    C、controlled
    D、handled

完型填空

1、Contract law is a part of the law of an legal jurisdiction. The main aim f contract law is to (1)… that there is fairness in the way a contract is made between two parties and to (2)… a mechanism to enforce it if one of the parties fails to carry out its (3)… under the contract. Under the U.K. and U.S. law there is a (4)... for certain basic (5)…to be present before an agreement will be considered a legally (5)… contract. First of all, it is important to establish that the parties intended to create a legal (6) when they formed the contract and not merely an (7)…agreement. Secondly, there must be both an offer by one party and an (8)… of that offer by the other. Finally, both sides must exchange (9)…, which can be described more simply as what the parties exchange under the contract, for example, goods, services or money. A. Provide B. Ensure C. Requirement D. Obligation E. Binding F. Element G. Informal H. Relationship I. Consideration J. Acceptance

2、An agreement for the selling of shares can be quite a complex document. As well as (1)… exactly what shares are to be sold, the agreement will usually involve many other elements. The pricing (2)… are crucial, as it is vital to set out what form the price will take and when it will be (3)…. If the price is linked to the future (4)… of the company in an agreement referred to by lawyers as an (5)…--out arrangement, it is then vital to determine precisely which (6)…policies will be used to determine whether the profitability targets have been (7)…. If the purchase price is to be paid in instalments, it is vital that the seller is satisfied that the buyer can pay each instalment when it (8)… due. The agreement will also usually contain (9)…covenants. The buyer will not want to (10)… shares, or indeed the entire company, and then find that the seller intends to set up a new business in direct competition. A. Provisions B. Specifying C. Performance D. Paid E. Accounting F. Earn G. Falls H. Met I. Acquire J. Restrictive