课程名称︰法律英语与翻译 课程性质︰翻译学程选修 课程教师︰蔡毓芬 开课学院：文学院 开课系所︰外国语文学系 考试日期（年月日）︰2011/8/18 考试时限（分钟）：120分钟 是否需发放奖励金：是 （如未明确表示，则不予发放） 试题 : 1. Employees may be required to participate in strategy teams, either by assignment or on an _______ basis. a) inter alia b) ipso facto c) ad hoc 2. For tax purposes, taxable individuals who hold their shares as a capital asset should treat each Special Distribution as if the company had purchased, on a _______ basis, a percentage of the shares held by each individual. a) pro rata b) pro forma c) sui juris 3. It is my recommendation that you obtain affidavits from potential witnesses, _______ your former collegues, _______. a) e.g.; etc. b) i.e.; etc. c) i.e.; et al. 4. Over the past five years, the value of shares in the corporation has risen by an average of 12% _______. a) per annum b) per se c) pro rata 5. She is not a lawyer _______, but she does deal with all legal matters for her company, and is extremely well informed. a) de facto b) pro forma c) per se 6. The following documents shall be considered and interpreted as constituting an integral part of this agreement, _______: 1) this contract form; 2) the Special Conditions; 3) ... a) sic b) viz. c) v. 7. The forthcoming election is widely seen as a _______ referendum on the country's continued membership of the EU. a) ad hoc b) ipso facto c) de facto 8. The motion was not passed because a _______ of members was not present at the meeting. a) quorum b) pro rata c) ipso facto 9. The plantiff argued that the defendant had already submitted his resignation and thus he was, _______, ineligible to be considered for promotion. a) inter alia b) ultra vires c) ipso facto 10. The plaintiffs claim that the ordnance (_______) covering all such data is erroneous. Only the data which are in a form in which access or processing is practicable, _______ print and electronic, are protected. a) viz.; e.g. b) sic; e.g. c) v.; i.e. 11. The rules governing conflict of interest do not prevent a lawyer from arbitrating or settling a dispute between two or more clients who are _______ and who wish to submit the dispute to the lawyer. a) sui juris b) inter alia c) ultra vires 12. The shareholders claimed that the directors had acted _______ in obtaining the loan, and that the shareholders were therefore not liable for its repayment. a) sui juris b) inter alia c) ultra vires 13. The court may subject the shareholders _______. a) to interfere b) to exist upon a change in ownership c) to personal liability 14. The articles of association contain provisions _______. a) of two documents b) for the internal management of the company c) to the shareholders 15. A partnership is merely _______. a) an association of owners b) perpetually despite changes in ownership c) director of the company 16. The court may 'lift the corporate veil' when the company is used to perpetrate _______. a) a duty of confidentiality to the company b) the care of an ordinary prudent and diligent person c) fraud 17. The fiduciary duty stems _______. a) from the position of trust and responsibilty b) from its officers and shareholders c) from owning property in its own name 18. Healthy profits might lead _______. a) to interfere b) to personal liability c) to a bonus or capitalization issue to the shareholders 19. The payment _______ dividends is dependent _______ the performance _______ the company. a) of; upon; of b) for; upon; of c) of; upon; by 20. Companies may borrow money secured _______ the company's assets, such as stock _______ trade. a) in; for b) to; of c) by; in 21. The licensee is _______ to agree to the terms of the license when they open the software packing. a) professed b) permitted c) deemed 22. The following provisions set out the entire financial liability of XYZ Ltd. ________. a) subject to legal restrictions b) produce uniformity c) enter into transactions 23. Use of the supplied software is _______ to a single machine. a) permitted b) restricted c) reserved 24. Statutory regualtions prevent you from _______ liability under the contract. a) permitting b) professing c) excluding 25. The _______ is agreed by both parties. a) investigation of title b) full survey c) from of contract 26. Terms are _______ by seller and purchaser. a) completed b) negotiated c) instructed 27. Standard Conditions can be _______ into the contract. a) instructed b) incorporated c) completed 28. Decide which part of a contract this extract comes from: WHEREAS the Vendors have agreed to sell to the Purchaers, and the Purchasers has agreed to purchase, the entire issued share capital of Green Boots Limited ("the Company") on the terms set out in this agreement. a) Conditions precedent b) Operative provisions c) Recitals 29. Decide which part of a contract this extract comes from: The sale and purchase hereby agreed is conditional upon and subject to the following conditions being satisfied on or before the Completion Date ... a) Conditions precedent b) Operative provisions c) Recitals 30. Decide which type of remedy your client might be entitled to: Your client, a mobile phone network, was recently the main sponsor of a classical music concert, which had been organized by the local city council. The sponsership deal was worth $6,000. Unfortunately, due to a mistake by a printing company, which was not noticed by the marketing team at the council, the date on all the promotional materials was wrong. As a result, fewer than 50 people attended the event, instead of 500-800 your client had been led to expect by the council. Your council feels that its sponsership money was wasted, and that its own reputation has suffered as a result of being associated with such incompetence. a) Restitution damages b) Expectation damages c) Special damages --

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