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吉剑法律英语课后答案

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2021-01-20 13:21
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有着我便有着你-医药价格

2021年1月20日发(作者:吴佳尼)
法律英语课后答案


【篇一:法律英语习题】

is homicide ?

homicide is the killing of one human being by another human
being.

3

what is the difference between murder and manslaughter ?

the difference is that murder is the killing of a human being
with“malice”,not with manslaughter.

5

how many degrees of murder were there, according to the
common law ? according to the common law, there were no
degrees of murder.

6

what did the district court do on appeal


on appeal, the district court denied both summary judgment
motions.

7

what were the key issues in the case?

the key issues in the case are whether color, in addition to
race, many form the basis of a discrimination action under title
vii

and whether a suit based on color may be brought by one
black person against another. l9

4

what acts are criminal but not tortuous ?

the acts which are not against individuals but against the state
are criminal but not tortuous, such as treason and tax evasion.

5

what acts are tortious but not criminal?

the acts which although violate the personal and property
rights but the society does not deem them serious enough to
be deterred by the threat of severe punishment, and only some
kind of remedy is made available to the invididuals so injured,
are tortious but not criminal, such as slander.

10

what is the restatement of contracts?

the summaries of the rules of common law in the field of
contract prepared and promulgated by the american law
institute.

7

what is the basic factor in deciding tort liability for
negligence



a person is negligent if he has not complied with his“duty of
care”and has not acted as “a reasonable and prudent man”


9

what are the two trends in the tort law development in the
united states


the strict liability and the no-fault principle


.

l11

1

what are the roles of government in the field of property
law


the roles of government are both as the manager of the
institutional machinery and as a frequent independent actor
within the institution seeking to further its own policy
objectives.

4

what are the roles of lawyer in the field of property law


both as advice-giver and as advocate.

1

what are the main class of business enterprises in the
united states?three classes: individual proprietorships,
partnerships, and corporations.

7

what is a proprietorship?

any individual may set up a business alone by obtaining a
license to do business from the count in which he or she
intends to set up the business. this form of business is called
a proprietorship.

l13

2

what are the important types of insurance for business?

health and life insurance, accident insurance, and disability
insurance are important types of insurance for business.

6

what is “key man” insurance?

when company insures itself against the loss of the services
of a valuable employee, it is said to purchase “key man” or
“key person” insurance.

8

what is the difference between a buy- sell plan and a stock
retirement plan?

in a but-sell plan, other shareholders agree to purchase the
stock individually, while in a stock retirement plan, the
corporate funds are used to retire the stock.

9

what is the goal of life insurance in stock retirement plan?

the goal is to create a new source of funds to pay for the sock
retirement.

l14

5

what is the precondition for the supreme court to uphold
the congress decisions today?

the precondition is that there is some rational argument for
finding that the items that the congress regulates fall within
the commerce power.

6

what does the supreme court interpret the commerce
clause?

the supreme court interprets the commerce clause as a
complete grant of power.

10

what are the contents of the uniform commercial code?

the ucc consists of10articles: general provisions, sales,
commercial paper, bank deposits and collections, letters of
credit, bulk transfers, documents of title, investment securities,
secured transactions, effective date and repealer.

are the three parts of the modern commerce power
tests


first

congress can set the regulations

conditions

or
prohibitions regarding the permissibility of interstate travel or
shipments if the law does not contravene a specific
constitutional guarantee

second

the federal government
may also regulate any activity

including“single
state”activities

if the activity has a close and substantial
relationship to

or effect on commerce

third

congress may
regulate single-state activities which otherwise have no effect
on commerce if the regulation is “necessary and proper”
to
regulating commerce or effectuating regulations relating to
commerce.

【篇二:法律英语练习题】


lowing words or phrases in the blanks.

based on bound by codified custom disputes legislation

non-criminal precedents provisions rulings


the term ‘civil law’ contrasts with both ‘common law’ and
‘criminal law’. in the first sense of the term, civil law refers to a
body of law______ written legal codes derived from
fundamental normative principles. legal ______ are settled by
reference to this code, which has been arrived at through
______. judges are______ the written law and its _______.

in contrast, common law was originally developed through
_____, at a time before laws were written down. common law is
based on _____ created by judicial decisions, which means
that past ____ are taken into consideration when cases are
decided. it should be noted that today common law is also
______, i.e. in written form.

in the second sense of the term, civil law is distinguished from
criminal law, and refers to the body of law dealing with _____
matters, such as breach of contract.

(b) attaches(x2) crystallizesdefaultshasmakeowns seize sell

security/quasi-security: security gives a creditor the legal
right in property owned by the debtor, i.e. the right to _____
and _____ the debtor’s property if the debtor _____ in
repayment. however, in the case of quasi- security, the creditor
typically _____ the property in question, while the debtor only
_____ possession of it.

fixed charge/floating charge: while a fixed charge _____ to the
property in question as soon as the charge is created, a
floating charge ____only when it ____, for example as a result
of a failure to_____ a payment at the proper time.

exercise ii read the text and fill in the blanks with preposition
or conjunction by the context.

a company is a business association which has the char

acter _____ a legal person, distinct ______ its officers and
shareholders. this is significant, _____ it allows the company
to own property _____ its own name, continue perpetually
despite changes in ownership, and insulate the owners _____
personal liability. however, in some instances, for example
when the company is used to perpetrate fraud or acts ultra
vires, the court may ‘lift the corporate veil’ and subject the
shareholders ____ personal liability.

by contrast, a partnership is a business association which,
strictly speaking, is not considered to be a legal entity, but,
rather, merely an association ____ owners. however, in order
to avoid impractical results, such as the partnership being
precluded _____ owning property ____ its own name, certain
rules of partnership law treat a partnership as if it were a legal
entity. nonetheless, partners are not insulated ______ personal
liability, and the partnership may cease to exist _____ a
change in ownership, for example, when one of the partners
dies.

a company is formed ____ the issuance of a certificate of
incorporation by the appropriate governmental authority. a
certificate of incorporation is issued ______ the filing_____ the
constitutional documents of the company, together ____
statutory forms and the payment ____ a filing fee. the
‘constitution’ of a company consists of
two documents. one,
the memorandum of association, states the objects of the
company and the details of its authorized capital, otherwise
known ___ the nominal capital. the second document, the
articles of association(bylaws in us), contains provisions ____
the internal management of the company, for example,
shareholders, or agms, and extraordinary(or special) general
meetings, the __board of directors,__________ corporate
contracts and loans.

the duties owed by directors ____ a company can be
classified_____ two groups. the first is a _____(
注意义务
) and
the second is a______
(忠实义务)
. the first duty requires that
the directors must exercise the care of an ordinarily prudent
and diligent person ____ the relevant circumstances. the
second duty stems _____

the position of trust and responsibility entrusted
_____directors. this duty has many aspects, but, broadly
speaking, a director must act _____(in)the best interests of the
company and not_______(for) any collateral purpose. however,
the courts are generally reluctant to interfere, provided the
relevant act or omission involves no fraud, illegality or conflict
____ interest.


finally, a company’s state of health is reflected ____ its
accounts, including its balance sheet and profit-and-loss
account. healthy profits might lead _____ bonus or
capitalization issue ___ the shareholders. on the other hand,
continuous losses may result _____ insolvency and the
company going _____ liquidation.

exercise iii the following text is contract form, which is often
used by lawyers at the formation stage of as contract. read the
text more carefully. what kind of agreement is it? what types of
clauses are 2b,3,5 and 6? find the verbs, italicized in the text,
and explain these verbs in the context.

non- competition agreement of shareholder of seller in
connetction with sale of assets

covenant not to compete


this covenant not to compete( this ‘covenant’), dated as of __,
2011, is made and entered into by and between
xx(‘shareholder’) and yy, a corporation(‘purchaser’), with
reference to the following facts:


a ________, ________ corporation(‘seller’), and purchaser are
parties to that certain asset purchase agreement, dated as of
___, 2011(as amended, supplemented or otherwise modified
from time to time, the ‘purchase agreement’)
, pursuant to
which purchaser agreed to purchase business owned and
operated by seller located at _____(‘the business’). unless
otherwise noted, capitalized terms used herein shall have the
meanings ascribed to them in the purchase agreement.

b shareholder owns all of the issued and outstanding capital
stock of seller.

c shareholder, during the course of ownship and operation of
the business, has acquired numerous business contacts
among the public, financial institutions and _____ industry
employees.

d purchaser shall expend a considerable amount of time,
money, and credit with respect to the purchase and operation
of the business.

e purchaser does not desire to expend such time, money, and
credit and then subsequently compete with shareholder in the
business of ____.

f it is a condition precedent to the closing of the transactions
contemplated by the purchase agreement(‘the closing’), that
shareholder execute and deliver this covenant and that
purchaser pay shareholder certain amounts at closing, all as
more fully described below.

therefore, in consideration of the foregoing and for other good
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as
follows:

1 for a period of ____ years from the date hereof, shareholder
shall not have any controlling ownership interest(of record or
beneficial) in, or have any interest as a director, principal
executive officer, key employee, agent or consultant in, any
firm, corporation, partnership, proprietorship, or other
business that engages in any of the following activities within
a ____ mile radius of the business’s current location

[describe].

2 additionally, shareholder shall:

a not refer prospective purchasers or lessees of ____ in ____,
other than the business; and

b subject to any obligation to comply with any law, rule, or
regulation of any governmental authority of other legal
process to make information available to the person entitled
thereto, keep confidential and shall

not use or permit his attorneys, accountants, or
representatives to use, in any manner other than for the
purpose of evaluating the transactions contemplated by the
purchase agreement, any confidential information of purchaser
which shareholder acquired in the course of the negotiation of
the transactions contemplated by the purchase agreement.

3 as consideration for the agreements of shareholder set forth
in section 1 and 2 above, purchaser shall, at the closing,
deliver to shareholder

___ by wire transfer of immediately
available funds in such amount to a bank account designated
by shareholder.

4 the term of this agreement shall be ____ months,
commencing on the date hereof.

5 in the event that any provision of any part of any provision
of this agreement shall be void of unenforceable for any
reason whatsoever, then such provision shall be stricken and
of no force and effect. however, unless such stricken provision
goes to the essence of the consideration bargained for by a
party, the remaining provisions of this agreement shall
continue in full force and effect, and to the extent required,
shall be modified to preserve their validity.

6 in the event of any litigation or legal proceedings between
the parties hereto, the non-prevailing party shall pay the
expenses, including reasonable attorneys’ fees and court
costs, of the prevailing party in connection therewith.

agreed to as of this _____ day of _____,2011.

shareholder_______


‘purchaser’___________

by_________

有着我便有着你-医药价格


有着我便有着你-医药价格


有着我便有着你-医药价格


有着我便有着你-医药价格


有着我便有着你-医药价格


有着我便有着你-医药价格


有着我便有着你-医药价格


有着我便有着你-医药价格



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