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Tiêu đề Ôn thi tự luận tiếng anh pháp lý sl01 ehou
Trường học University of Law
Chuyên ngành Legal English
Thể loại Đề thi
Năm xuất bản 2023
Thành phố Hanoi
Định dạng
Số trang 11
Dung lượng 24,5 KB

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ĐỀ 2263 PART I: Multiple-choice questions (3 points) 1. In case of civil litigation, if the judge believes that there are more than 50% of the evidence favoring the plaintiffs, then plaintiffs o A. lose o B. win o C. fail o D. achieve 2. A person who ______ a crime is said to have offended against the state. o A. commits o B. witnesses o C. reports o D. stops 3. In the Common law system, much of the law is made by judicial ______ called precedent. o A. examination o B. functions o C. activities o D. decisions 4. Under common law, police officers have significant independent ______ powers. o A. legislative o B. decisive o C. investigative o D. directive 5. Barristers are usually ______ by solicitors to represent a case in court and only become involved when appearing before a court is needed. o A. informed o B. instructed o C. invited o D. referred 6. Before third reading, ______ (changes) are gathered together and placed in order. o A. amendments o B. provisions o C. proposals o D. contents 7. As soon as a work is written on paper, recorded digitally, or typed electronically, or anything that can be heard, seen, read, or touched, the work is granted ______ protection. o A. patent o B. copyright o C. intellectual o D. trade mark 8. Limited partnerships require a formal agreement between the ______. o A. shareholders o B. contributors o C. partners o D. investors 9. Primary legal ______ of law in the UK can be divided into two categories: legislation and case law. o A. origins o B. roots o C. families o D. sources 10. The UK Parliament can ______ any law it chooses or repeals obsolete law. • A. enact • B. vote • C. consolidate • D. codify ________________________________________ PART II: Reading comprehension (3.5 points) Read the text and answer the questions below: The purpose of the American court system is to protect the rights of the people. According to American law, if someone is accused of a crime, he or she is considered innocent until proven guilty in a court of law. In other words, it is the responsibility of the prosecution to prove that a person is guilty; it is not the responsibility of the person to prove that he or she is innocent. During the trial, a judge or jury determines whether the defendant is guilty or not guilty based upon the application of criminal law to the facts of the case. The criminal defendant must be given the opportunity to confront and cross-examine the prosecution’s witnesses and to present evidence in his or her own defense. Briefly, a jury trial consists of: 1. The selection of the jury. 2. Opening statements by prosecution and defense attorneys, during which each side states what it expects to prove. 3. The presentation of evidence (first by the prosecution, then by the defense) and the questioning of witnesses. 4. Closing arguments in which each side states what the evidence has proved or failed to prove. 5. Instructions by the trial judge to the jury concerning the law to be applied to the facts that the jury may find. 6. The jury’s deliberations and verdict, or formal decision. 7. The sentence, if the verdict is guilty. At the trial, a jury listens to the evidence from both attorneys and hears the testimony of the witnesses. Then, the jury goes into a private room to consider the evidence and decide whether the defendant is guilty of the crime. If the jury decides that the defendant is innocent, he or she goes free. However, if he or she is convicted, the judge sets a date for the defendant to appear in court again for sentencing. At sentencing, the judge tells the convicted person what his or her punishment will be. Depending on the crime committed, the judge may sentence the defendant to prison, order him or her to pay a fine, or place him or her on probation. ________________________________________ PART II - A: True or False? 11. According to American law, no one is considered guilty of a crime until being proven in a court of law. 12. The defendant is entitled to defend themselves during the trial. 13. The jury makes opening statements after evidence is presented by the prosecution and the defense. 14. In a jury trial, the judge hears the facts of the case. 15. If the defendant is found not guilty, he/she is discharged. ________________________________________ PART II - B: Match the words with their definitions (16-20) 16. the prosecution – 17. cross-examine – 18. witnesses – 19. verdict – 20. sentence – Definitions: A. People who see something relevant to a crime. B. The final decision made by the jury. C. Decide and say officially what a punishment will be. D. The lawyers who try to prove that a person accused of committing a crime is guilty in court. E. Question the witness(es) called by the opponent in court. ________________________________________ PART III: Fill in the blanks with a suitable preposition (1.5 points) 21. The man accused ______ rape had never been to London. 22. A sole trader is personally liable ______ the business debts. 23. He appealed ______ European Court of Human Rights. 24. The police are investigating bribery allegations ______ him. 25. A tenancy agreement is entered ______ between a landlord and a tenant. ________________________________________ PART IV: Translation (2 points) 26. Translate the following sentence into Vietnamese: "Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services." ĐỀ 2307 PART I: Circle the best answer (3 points) 1. Law includes civil law (such as contract law, property law, labor law, commercial law, company law, and competition law). o A. Private o B. Criminal o C. Administrative o D. Public 2. A ______ no longer exists when its owner dies. o A. public limited o B. private limited o C. liability o D. sole trader 3. ______ is the most widely protected property category and includes patents, copyrights, and trademarks. o A. Intellectual o B. tangible o C. real o D. personal 4. In the US, statutes are created by the federal, state, and local ______, which are comprised of elected officials who have the power to create laws. o A. executives o B. judiciaries o C. legislatures o D. councils 5. Crimes must generally be proved ______ a reasonable doubt, whereas civil cases are proved by lower standards of proof. o A. beyond o B. over o C. out of o D. under 6. A contract is an agreement that creates a ______ obligation upon the parties, which means they have to carry it out. o A. intending o B. voluntary o C. willful o D. binding 7. The police are looking for a/an ______ who saw the accident. o A. alibi o B. witness o C. suspect o D. accused 8. The ______ branch of the government interprets laws by deciding cases and issuing written opinions. o A. executive o B. judicial o C. administrative o D. legislative 9. New business ______ have increased substantially this year. o A. creation o B. establishment o C. incorporations o D. registration 10. The jury is responsible for deciding innocence or ______. The judge is responsible for giving the sentence. • A. guilt • B. wrong • C. breach • D. violation ________________________________________ PART II: Read the text and answer the questions below (3.5 points) A company is a legal entity, allowed by legislation, that permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives. It is empowered with legal rights which are usually only reserved for individuals, such as the right to sue and be sued, own property, hire employees, or loan and borrow money. The primary advantage of a company structure is that it provides the shareholders with a right to participate in the dividends, a proportionate distribution of profits made in the form of a money payment to shareholders, without any personal liability. There are various forms of legal business entities, ranging from the sole trader, who alone bears the risk and responsibility of running a business, taking the profits, but not forming any association in law, to the registered company with limited liability and to multinational corporations. In a partnership, members associate, forming collectively an association in which they all participate in management and share profits, bearing the liability for the firm’s debts and being sued jointly and severally in relation to the firm’s contracts or tortious acts. Limited liability companies, or corporations, unlike partnerships, are formed not simply by agreements entered into between their first members; they must also be registered at a public office or a court designated by law or otherwise obtain official acknowledgment of their existence. A. Are these statements True (T) or False (F)? 11. A company has legal rights which are usually only reserved for natural persons. (F) 12. The biggest advantage of a company structure is that the shareholders are entitled to dividends without personal liability. (T) 13. A sole trader is regulated by special rules of law. (F) 14. Partners of a partnership have limited liability within their capital contribution. (T) ________________________________________ PART III: Match the words and expressions (16-20) with their definitions (A-E). 16. Legislation - C. A law or set of laws created by the legislature 17. Shareholder - D. A member of a public limited company 18. Entity - E. A business or an organization that has its own separate legal and financial existence 19. Sue - A. Take legal action against a person or an organization 20. Form - B. Make a business entity begin to exist ________________________________________ PART IV: Fill in each blank with the correct form of the word in brackets (1.5 points) 21. In the US, the legislation process begins with the introduction of a bill to Congress. (legislate) 22. When both Houses have agreed to the text, the bill is approved by the monarch and becomes law or Act of Parliament. (approval) 23. After you get a judgment, the symbol (®) is used to show that you have a registered trademark. (judge) 24. Tort law is the behavior of this court that he is guilty of murder. (judge) ________________________________________ PART V: Translate these sentences into Vietnamese (2 points) 26. Private law governs relationships between individuals, such as contracts and the law of obligations. In countries where it is known as ‘common law,’ it also includes contracts made between governments and individuals. ➡ Luật tư nhân điều chỉnh các mối quan hệ giữa cá nhân, chẳng hạn như hợp đồng và luật về nghĩa vụ. Ở các quốc gia áp dụng luật thông thường (common law), nó cũng bao gồm các hợp đồng được thực hiện giữa chính phủ và cá nhân. 28. The procedural section illustrates how and when the law is intended to take effect. For example, the section might state that the law will only last for 10 years from the date of its passage. ➡ Phần thủ tục minh họa cách thức và thời gian luật có hiệu lực. Ví dụ, điều khoản này có thể quy định rằng luật chỉ có hiệu lực trong 10 năm kể từ ngày ban hành. 29. Constitutions define how governments are to be organized and the power and responsibilities of those governments. Constitutions can also serve to protect individual liberties. ➡ Hiến pháp quy định cách tổ chức bộ máy nhà nước cũng như quyền hạn và trách nhiệm của chính phủ. Hiến pháp cũng có thể được sử dụng để bảo vệ quyền tự do cá nhân. 30. Civil cases generally only result in monetary damages or orders to do or not do something, known as injunctions. ➡ Các vụ án dân sự thường chỉ dẫn đến bồi thường thiệt hại về tiền hoặc lệnh buộc thực hiện hoặc không thực hiện một hành vi nào đó, được gọi là lệnh cấm hoặc bắt buộc.

Trang 1

ĐỀ 2263

PART I: Multiple-choice questions (3 points)

1 In case of civil litigation, if the judge believes that there are more than 50% of the evidence favoring the plaintiffs, then plaintiffs

o A lose

o B win

o C fail

o D achieve

2 A person who a crime is said to have offended against the state

o A commits

o B witnesses

o C reports

o D stops

3 In the Common law system, much of the law is made by judicial called precedent

o A examination

o B functions

o C activities

o D decisions

4 Under common law, police officers have significant independent powers

o A legislative

o B decisive

o C investigative

o D directive

5 Barristers are usually by solicitors to represent a case in court and only become involved when appearing before a court is needed

o A informed

o B instructed

o C invited

o D referred

6 Before third reading, (changes) are gathered together and placed

in order

o A amendments

o B provisions

o C proposals

o D contents

7 As soon as a work is written on paper, recorded digitally, or typed

electronically, or anything that can be heard, seen, read, or touched, the work is granted protection

o A patent

Trang 2

o B copyright

o C intellectual

o D trade mark

8 Limited partnerships require a formal agreement between the

o A shareholders

o B contributors

o C partners

o D investors

9 Primary legal of law in the UK can be divided into two

categories: legislation and case law

o A origins

o B roots

o C families

o D sources

10.The UK Parliament can any law it chooses or repeals obsolete law

A enact

 B vote

 C consolidate

 D codify

PART II: Reading comprehension (3.5 points)

Read the text and answer the questions below:

The purpose of the American court system is to protect the rights of the people According to American law, if someone is accused of a crime, he or she is considered innocent until proven guilty in a court of law In other words, it is

the responsibility of the prosecution to prove that a person is guilty; it is not the

responsibility of the person to prove that he or she is innocent

During the trial, a judge or jury determines whether the defendant is guilty or not guilty based upon the application of criminal law to the facts of the case

The criminal defendant must be given the opportunity to confront and cross-examine the prosecution’s witnesses and to present evidence in his or her own

defense

Briefly, a jury trial consists of:

1 The selection of the jury

Trang 3

2 Opening statements by prosecution and defense attorneys, during which each side states what it expects to prove

3 The presentation of evidence (first by the prosecution, then by the

defense) and the questioning of witnesses.

4 Closing arguments in which each side states what the evidence has

proved or failed to prove

5 Instructions by the trial judge to the jury concerning the law to be applied

to the facts that the jury may find

6 The jury’s deliberations and verdict, or formal decision.

7 The sentence, if the verdict is guilty

At the trial, a jury listens to the evidence from both attorneys and hears the testimony of the witnesses Then, the jury goes into a private room to consider the evidence and decide whether the defendant is guilty of the crime If the jury decides that the defendant is innocent, he or she goes free However, if he or she

is convicted, the judge sets a date for the defendant to appear in court again for sentencing At sentencing, the judge tells the convicted person what his or her punishment will be Depending on the crime committed, the judge may

sentence the defendant to prison, order him or her to pay a fine, or place him or

her on probation

PART II - A: True or False?

11.According to American law, no one is considered guilty of a crime until being proven in a court of law

12.The defendant is entitled to defend themselves during the trial

13.The jury makes opening statements after evidence is presented by the prosecution and the defense

14.In a jury trial, the judge hears the facts of the case

15.If the defendant is found not guilty, he/she is discharged

PART II - B: Match the words with their definitions (16-20)

16.the prosecution –

17.cross-examine –

18.witnesses –

19.verdict –

20.sentence –

Trang 4

A People who see something relevant to a crime

B The final decision made by the jury

C Decide and say officially what a punishment will be

D The lawyers who try to prove that a person accused of committing a crime is guilty in court

E Question the witness(es) called by the opponent in court

PART III: Fill in the blanks with a suitable preposition (1.5 points)

21.The man accused rape had never been to London

22.A sole trader is personally liable the business debts

23.He appealed European Court of Human Rights

24.The police are investigating bribery allegations him

25.A tenancy agreement is entered between a landlord and a tenant

PART IV: Translation (2 points)

26.Translate the following sentence into Vietnamese:

"Trademark infringement is the unauthorized use of a trademark or service mark

on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services."

Bài làm:

PART I: Multiple-choice questions (3 points)

1 B win

2 A commits

3 D decisions

4 C investigative

5 B instructed

6 A amendments

7 B copyright

8 C partners

9 D sources

10.A enact

Trang 5

PART II: Reading comprehension (3.5 points)

A True or False?

11.True

12.True

13.False

14.True

15.True

B Match the words with their definitions (16-20)

16.D The lawyers who try to prove that a person accused of committing

a crime is guilty in court.

17.E Question the witness(es) called by the opponent in court.

18.A People who see something relevant to a crime.

19.B The final decision made by the jury.

20.C Decide and say officially what a punishment will be.

PART III: Fill in the blanks with a suitable preposition (1.5 points)

21.of

22.for

23.to

24.against

25.into

PART IV: Translation (2 points)

26.Hành vi xâm phạm nhãn hiệu là việc sử dụng trái phép nhãn hiệu hoặc dấu hiệu dịch vụ trên hoặc liên quan đến hàng hóa và/hoặc dịch

vụ theo cách có thể gây nhầm lẫn, lừa dối hoặc sai sót về nguồn gốc của hàng hóa và/hoặc dịch vụ.

ĐỀ 2307

PART I: Circle the best answer (3 points)

Trang 6

1 Law includes civil law (such as contract law, property law, labor law, commercial law, company law, and competition law)

o A Private

o B Criminal

o C Administrative

o D Public

2 A no longer exists when its owner dies

o A public limited

o B private limited

o C liability

o D sole trader

3 is the most widely protected property category and includes patents, copyrights, and trademarks

o A Intellectual

o B tangible

o C real

o D personal

4 In the US, statutes are created by the federal, state, and local , which are comprised of elected officials who have the power to create laws

o A executives

o B judiciaries

o C legislatures

o D councils

5 Crimes must generally be proved a reasonable doubt, whereas civil cases are proved by lower standards of proof

o A beyond

o B over

o C out of

o D under

6 A contract is an agreement that creates a obligation upon the parties, which means they have to carry it out

o A intending

o B voluntary

o C willful

o D binding

7 The police are looking for a/an who saw the accident

o A alibi

o B witness

o C suspect

o D accused

8 The branch of the government interprets laws by deciding cases and issuing written opinions

Trang 7

o A executive

o B judicial

o C administrative

o D legislative

9 New business have increased substantially this year

o A creation

o B establishment

o C incorporations

o D registration

10.The jury is responsible for deciding innocence or The judge is responsible for giving the sentence

A guilt

 B wrong

 C breach

 D violation

PART II: Read the text and answer the questions below (3.5 points)

A company is a legal entity, allowed by legislation, that permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives It is empowered with legal rights which are usually only reserved for individuals, such as the right to sue and be sued, own property, hire employees, or loan and borrow money The primary advantage of a company structure is that it provides the shareholders with a right to participate in the dividends, a proportionate distribution of profits made in the form of a money payment to shareholders, without any personal liability

There are various forms of legal business entities, ranging from the sole trader, who alone bears the risk and responsibility of running a business, taking the profits, but not forming any association in law, to the registered company with limited liability and to multinational corporations

In a partnership, members associate, forming collectively an association in which they all participate in management and share profits, bearing the liability for the firm’s debts and being sued jointly and severally in relation to the firm’s contracts or tortious acts

Limited liability companies, or corporations, unlike partnerships, are formed not simply by agreements entered into between their first members; they must also

be registered at a public office or a court designated by law or otherwise obtain official acknowledgment of their existence

Trang 8

A Are these statements True (T) or False (F)?

11.A company has legal rights which are usually only reserved for natural

persons (F)

12.The biggest advantage of a company structure is that the shareholders are

entitled to dividends without personal liability (T)

13.A sole trader is regulated by special rules of law (F)

14.Partners of a partnership have limited liability within their capital

contribution (T)

PART III: Match the words and expressions (16-20) with their definitions (A-E).

16.Legislation - C A law or set of laws created by the legislature

17.Shareholder - D A member of a public limited company

18.Entity - E A business or an organization that has its own separate legal and financial existence

19.Sue - A Take legal action against a person or an organization

20.Form - B Make a business entity begin to exist

PART IV: Fill in each blank with the correct form of the word in brackets (1.5 points)

21.In the US, the legislation process begins with the introduction of a bill to Congress (legislate)

22.When both Houses have agreed to the text, the bill is approved by the monarch and becomes law or Act of Parliament (approval)

23.After you get a judgment, the symbol (®) is used to show that you have

a registered trademark (judge)

24.Tort law is the behavior of this court that he is guilty of murder (judge)

PART V: Translate these sentences into Vietnamese (2 points)

26.Private law governs relationships between individuals, such as

contracts and the law of obligations In countries where it is known

as ‘common law,’ it also includes contracts made between

governments and individuals.

Trang 9

➡ Luật tư nhân điều chỉnh các mối quan hệ giữa cá nhân, chẳng hạn như hợp đồng và luật về nghĩa vụ Ở các quốc gia áp dụng luật thông thường (common law), nó cũng bao gồm các hợp đồng được thực hiện giữa chính phủ và cá nhân.

28.The procedural section illustrates how and when the law is intended

to take effect For example, the section might state that the law will only last for 10 years from the date of its passage.

➡ Phần thủ tục minh họa cách thức và thời gian luật có hiệu lực Ví dụ, điều khoản này có thể quy định rằng luật chỉ có hiệu lực trong 10 năm kể

từ ngày ban hành.

29.Constitutions define how governments are to be organized and the power and responsibilities of those governments Constitutions can also serve to protect individual liberties.

➡ Hiến pháp quy định cách tổ chức bộ máy nhà nước cũng như quyền hạn

và trách nhiệm của chính phủ Hiến pháp cũng có thể được sử dụng để bảo

vệ quyền tự do cá nhân.

30.Civil cases generally only result in monetary damages or orders to do

or not do something, known as injunctions.

➡ Các vụ án dân sự thường chỉ dẫn đến bồi thường thiệt hại về tiền hoặc lệnh buộc thực hiện hoặc không thực hiện một hành vi nào đó, được gọi là lệnh cấm hoặc bắt buộc.

Bài làm:

PART I: Multiple-choice questions (3 points)

1 A Private

2 B private limited

3 A Intellectual

4 C legislatures

5 A beyond

6 C willful

7 B witness

8 B judicial

9 D registration

10.A guilt

Trang 10

PART II: Reading comprehension (3.5 points)

A Are these statements True (T) or False (F)?

11.False (F)

12.True (T)

13.False (F)

14.True (T)

B Match the words and expressions (16-20) with their definitions (A-E) 16.C A law or set of laws created by the legislature

17.D A member of a public limited company

18.E A business or an organization that has its own separate legal and financial existence

19.A Take legal action against a person or an organization

20.B Make a business entity begin to exist

PART III: Fill in each blank with the correct form of the word in brackets (1.5 points)

21.legislation

22.approved

23.judgment

24.Tort

PART IV: Translation (2 points)

26.Private law governs relationships between individuals, such as

contracts and the law of obligations In countries where it is known

as ‘common law,’ it also includes contracts made between

governments and individuals.

➡ Luật tư nhân điều chỉnh các mối quan hệ giữa cá nhân, chẳng hạn như hợp đồng và luật về nghĩa vụ Ở các quốc gia áp dụng luật thông thường (common law), nó cũng bao gồm các hợp đồng được thực hiện giữa chính phủ và cá nhân.

Trang 11

28.The procedural section illustrates how and when the law is intended

to take effect For example, the section might state that the law will only last for 10 years from the date of its passage.

➡ Phần thủ tục minh họa cách thức và thời gian luật có hiệu lực Ví dụ, điều khoản này có thể quy định rằng luật chỉ có hiệu lực trong 10 năm kể

từ ngày ban hành.

29.Constitutions define how governments are to be organized and the power and responsibilities of those governments Constitutions can also serve to protect individual liberties.

➡ Hiến pháp quy định cách tổ chức bộ máy nhà nước cũng như quyền hạn

và trách nhiệm của chính phủ Hiến pháp cũng có thể được sử dụng để bảo

vệ quyền tự do cá nhân.

30.Civil cases generally only result in monetary damages or orders to do

or not do something, known as injunctions.

➡ Các vụ án dân sự thường chỉ dẫn đến bồi thường thiệt hại về tiền hoặc lệnh buộc thực hiện hoặc không thực hiện một hành vi nào đó, được gọi là lệnh cấm hoặc bắt buộc.

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